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HomeMy Public PortalAbout09-7420 Project Safe Neighborhood Grant (PSN) Sponsored by: City Manager RESOLUTION NO. 09-7420 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RATIFYING THE ACCEPTANCE AND EXPENDITURE OF A GRANT AWARD FROM THE FROM THE U.S. DEPARTMENT OF JUSTICE PROJECT SAFE NEIGHBORHOODS (PSN) GRANT IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), FOR THE DEVELOPMENT OF LAW ENFORCEMENT INITATIVES AIMED AT REDUCING GANG VIOLENCE AND OTHER GUN VIOLENCE ABATEMENT INITIATIVES WHEREAS, the City of Opa-locka ("City") is committed to finding external sources of funding from county, state and federal grants; and WHEREAS, the City's Police Department applied for funds from the United States Department of Justice Project Safe Neighborhood(PSN)grant program to support the establishment of a Crime Suppression Team (CST) to assist with the reduction of gangs, gun violence and other related crime activities within the City; and WHEREAS, in 2008, the City was awarded PSN grant funds from the United States Department of Justice through its fiscal agent, The Miami Coalition For A Safe and Drug-Free Community("Coalition"), in the amount of Twenty-Five Thousand Dollars ($25,000.00); and WHEREAS,the PSN grant funds have been expended for the benefit of the City's Police Department; and WHEREAS,the City Manager is requesting ratification of the acceptance and expenditure of the awarded PSN grant funds on behalf of the Opa-locka Police Department. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Resolution No. 0 9—7 4 2 0 Section 1. The recitals to the preamble here are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby ratifies the of the City Manager for the acceptance and expenditure of grant funds from the United States Department of Justice Project Safe Neighborhood Grant in the amount of Twenty-Five Thousand Dollars ($25,000.00) on behalf of the Opa-locka Police Department. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1 1 day of FEBRUARY , 2009. . i EPH L. qTr L Y MAYOR Attest: Approved as to form and legal sufficiency: Debora S. I •y Burnadette Norris-Weeks City Clerk City Attorney Moved by: JOHNSON Seconded by: HOLMES Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: NOT PRESENT Mayor Kelley: YES L.. 4C ►r ,r? Cir t zi MEMORANDUM Ind --LE TO: Mayor Joseph Kelley, Vice-Mayor Myra Taylor, Commissioner Dottie Johnson, Commissioner Ros s and Commissioner Timothy Holmes FROM: Bryan . ie Inter. ity Manager RE: esolution for Accept and Expend Grant Awarded Monies from the Miami Coalition For A Safe and Drug Free Community ("Coalition"), Project Safe Neighborhoods (PSN) DATE: January 26, 2009 REQUEST: The Police Department is requesting approval to accept and expend grant awarded funds from the Project Safe Neighborhoods in the amount of $25,000.00. As part of the U.S. Department of Justice, Office of Justice Programs Anti-Gang Initiative in which the Miami Coalition for a Safe and Drug-Free Community the Fiscal Agent, this is a cost re- imbursement Agreement is between City of Opa-locka and The Coalition. DESCRIPTION: These funds are awarded to various law enforcement agencies to pay overtime hours accumulated by sworn police officers in an effort to implement initiatives that will help deter criminal activities. FINANCIAL IMPACT: Reduce the overtime charges. IMPLEMENTATION TIME LINE: Upon Commission approval, permission to procure funds will be initiated and a time line confirmed. RECOMMENDATION: As a result of the Department's continuous efforts to find external resources in terms of grant funding from local, county, state and federal levels to augment police services for City of Opa-locka, it is recommended that this Agenda Item receive favorable support and approval from the City Commission. )'. Prepared b iNlimpA r�� Shelia Robinson "Serving and Protecting YOU!" '-J'ym`2_ U.S. ��: _ Department Ctf.�49s`�)f�.t'. k.= • "X,, ,41 United Stares. rtOrney ' ' ' ', Southern ?rsti ict rJ Florida ., T{ ;1 . y 1 . R.Alexan.3a Acosrs uq N E,a Smccc Limted Ststt-s Attzril N,iaati,FL 3.3132 ("O:)61—.9000 December 19, 2007 Chief James B. Wright City of Opa-Loc:ka Police Department 2495 Ali. Baba Avenue Opa J,ocka, Florida 33054 _ Dear Chief Wright: • I am pleased to inform you that the 2007 Project Safe Neighborhoods/PSN grant funds are now available for program implementation. Accordingly, as a law enforcement member of the District's PSN Task Force, your office has been allotted$25,000 for your use in implementing gang violence and gun violence abatement initiatives. These funds are approved for reimbursement of officer overtime in developing cases aimed at reducing violent firearms crimes in our district's hot spot neighborhoods pursuant to your proposal. In order to allow additional flexibility fir your community's particular needs, you may request a use modification to allow these funds to be used for reimbursement towards other activities specifically aimed at gang and gun violence abatement. (Any such activities not outlined in your original proposal must be pre-approved.) You will-receive a Memorandum of Understanding from the Miami Coalition our fiscal agent, outlining the reimbursement, reporting and administration requirements under the PSN grant. Should you have any further questions please contact our PSN Coordinator, Executive Assistant -United States Attorney,James H.Swain at(305)961-9038 or Jaines.Swainf'alusdoj.goy for further guidance and information. Thank you for participating with us in this important initiative. Very yours, R. _ fex n. .costa United States Attorney cc: Miami Coalition Shellie Solomon DEC 21, %'007 19:39 954+916+9601 Page 9 The Miami Coalition For A Safe And Drug-Free Community, Inc. 2490 Coral Way,4th Floor, Miami, Florida 33145 Phone: 305.854.4515 Fax: 305.856.4308 www.miamicoalition.orq September 296, 2008 Chief Hayes Tubbs City of Opa-Locka P.D. 2495 Ali Baba Avenue Opa Locka,FL 33054 Re: Project Safe Neighborhood (PSN) Subcontractl Dear Chief Tubbs, Congratulations on your enforcement initiative in the City of Opa-Locka.Your Project Safe Neighborhoods (PSN)Award of$25,000 is still available for your use until the end of December 2008. This award has been available since February 1 2008 and your department is eligible for reimbursement for overtime funds expended to implement your proposed initiative Because of:budgetary and policy issues in Washington agencies we do not�expectt an extension of this award past the original due date,but it will continue at least through this December. The4amountt�f this sub grant exceeds the proposal you submitted. The approved award _funds additional overt me hours for the enforcement initiatives outlined in your proposal. Please sign and return one original of the enclosed"Subcontract to the Miami Coalition at 2490 Coral Way, 4th Floor Miami,Florida 33145. � ti New report formats developed for reporting performance end submitting invoices reimbursement are enclosed.These reports can be completed, E-mailed, mailed or faxed to The Miami Coalition. Fax to (954) 252-9581 or E-mail to adhgroup @bellsouth net.'If you chose to transmit via E-mail and do not have an electronic signature capability,please include a scanned signature page or a fax of the signature page to document the approving official's name and signature. E-mailed reports will require the scanning and E- mailing of back-up documentation,If additional information is needed please E-mail to the address shown above or call Douglas Hughes at the Miami Coalition office, (305) 854-4515. Best wishes for continued success in your position'as Chief of Police and with your efforts to reduce criminal gangs gun crimes and violence in your jurisdiction in 2008.The U.S.Attorney Alex Acosta,his staff and the members of the Miami Coalition grant management team look forward to working with you. Sincer- Douglas ' ug - xecutive Director The •i Coali• for a Safe and Drug Free Community, Inc. Cc:James Swain,U.S.Attorney's Office • City of Opa-Locka Police Department Proposal for Law Enforcement Activity Project Safe Neighborhoods(PSN) U.S. Attorney Southern District of Florida Organizational Background and Relevant Expertise: The City of Opa-Locka is a 4.2 square mile municipality amid the urban sprawl of the north central area of Miami-Dade County. As of the 2000 census, 14,951 people, 4,890 households, and 3,437 families were residing in the city. There are 5,407 housing units at an average density of 482.1/km2 (1,248.4/mi2). The racial makeup of the city is 22.83% White, 69.64% African American, 0.35 Native American, 0.21% Asian, 0.02% Pacific Islander; 3.60%from other races, and 3.35% from two or more races. Of the total population, 28.55% is Hispanic or Latino of any race. There are 4,890 households out,of which 41.2% have children under the age of 18 living with them, 28.4% are married couples living together, 35.2% have a female householder with no husband present, and 29.7% are non-families. 24.8% of all households are made up of individuals and 8.5% have someone living alone who is 65 years of age or older. The average household size is 2.97 and the average family size is 3.52. In the city, the population is spread out with 34.6% under the age of 18, 12.3% from 18 to 24, 26.8% from 25 to 44, 173% from 45 to 64, and 8.5% who are 65 years of age or older. The median age is 27 years. For every 100 females there are 85.6 males. For every 100 females age 18 and over, there are 77.1 males. The median income for a household in the city is $19,631, and the median income for a family is $22,742. Males have a median income of $22,347 versus $19,270 for females. The per capita income for the city is $9,538. 35.2% of the population and 31.5% of families are below the poverty line. Out of the total people living in poverty, 42.3% are under the age of 18 and 40.8% are 65 or older. The majority of the City's population lives near or below the poverty income level and ,tends to live in multi-unit complexes, which have poor facility i n iiuSti3 c i::S. Many of the complexes have a limited maintenance program, over-flowing trash, broken windows, sewage problems, poor lighting, absentee landlords, and other environmental factors that exert a heavy negative influence on neighborhood attachment. Consequently, these areas have become havens for street-level criminal activity and are-the source of many of the shooting incidents and gun violence in the City. The Opa-Locka Police Department is a small municipal law enforcement agency with Iimited resources. Revenues from the City's tax base to provide police services to the community are allocated primarily to support police response to routine calls for service. This severely limits the amount of revenue available for stepped up enforcement or special operations. In order to enhance its role beyond just basic services,the Department must rely on external funding sources to assist the Department in improving the efficiency, effectiveness and scope of its police services. Gun violence and crimes committed with a firearm have become a major concern. From May 2005 to May 2006, the Department responded to (335) reports of shots being fired and investigated (39) incidents of persons being shot, as well as (12) homicides due to gunshot wounds. The inordirant of incidents for a city with a population of less than 15,000, and a police department with fewer than (35) sworn personnel, makes it necessary for the Department to continually seek additional outside sources of funding to develop and implement new and better strategies for addressing chronic criminal activity. 2 Despite these fiscal challenges, the Department has built and maintained the organizational capacity to effectively carry out special projects when funding is secured. With its own limited. resources, the Department has endeavored to address the gang related crime problems within the City with pa Z'ticular emphasis on reducing gun violence. The Department has experience directly related to the objectives delineated in the Project Safe Neighborhoods (PSN) solicitation and has made the growing problem of gun violence a top priority.. Most importantly, the Depai intent has the organizational capacity, the resolve, and a strong sense of commitment to address this challenge head on. Unfortunately, at this time the Department does not have sufficient resources available to support the kind of ongoing crime suppression effort that is necessary to make a significant lasting impact in the target area. For the past three years the Department has operated a Domestic Violence Unit funded by a STOP the Violence Against Women (VAWA) grant administered by the Florida Department of Children & Families. In addition to investigation and arrest of perpetrators, the unit works with County and private provider agencies that offer intervention, shelter and treatment services for victims of domestic violence who reside in the city. • Strategy, Goals and Objectives of the Initiative: The objective of this initiative is to implement an evidence-based approach that will dovetail with the Department's own high priority objective to reduce gun violence and gun related crime within its jurisdiction. Specifically, the Department intends to utilize these funds to pay for overtime hours that will support the establishment a Crime Suppression Team (CST). Research and our own experience support the hypothesis that randomly scheduled, well organized crime suppression activities reduce the incidence of crime in a given area particularly when they are tactically planned, sufficiently frequent, and based on reliable intelligence. 3 This initiative will focus on the Garden Apartment complex East and West located or Aswan Road and Port Said Road respectively, as the identified targeted "hot spot". This housing complex of 16 apartment buildings is known to be major Prea os ^g a... y tY L:.tivxty,n g;sris relate,; drug sales, and violent street crime. The CST will emphasize increased surveillance e_l_ance to 2atl2.'.r sound intelligence that will enable the Department to coordinate full scale CST operations in the target area in conjunction with our multi-agency multi-jurisdictional pal triers. The Department works. collaboratively with Miami-Dade Police Department aDPD) Narcotics B ureau:, FBI, DEA and ATF having successfully conducted joint operations' within the city in past. the ,1afit. Previous joint operations have yielded the confiscation of narcotics, cash, weapons (including at least one AK-47 assault rifle), and resulted in quality arrest of gang members. This initiative would allow the Department to commit resources to ongoing operations intended to disrupt gang activities and reduce violent crimes in the high priority Garden Apartment complex. Additional * ei improved �, T consequential benefits that can be expected include �..,:�:rove police/community 1` rrl�:t�ons, a safer neighborhood and better quality of lif e for the current and future residents of th Garden Apartment complex. the carry out two CST operations per month. Activities will • It is anticipated that the Department will c���d ou�two CST scheduled based on credible intelligence that will greatly magnify the productivity of these operations. The Department will identify appropriate personnel including a.Detective to serve as Operations Commander, a Patrol Corporal supervisor, and five (5) officers to staff the team to conduct these operations. • 4 In-kind Services and Resources Available to the Initiative: Departmental resources will be used to provide the experienced and knowledgeable command E' staff to coordinate CST activities and oversee the personnel ssi�ned t; ry ou the Garden CST F activities and oversee �3 K 1 assigned ta. +.�.�:^°�.i"�r ` Apartments CST operations. Operational supplies such as flex cuffs, latex gloves, camera film. and evidence bags necessary to process prisons will be provided by the Department. Leveraging Potential — Value of In-kind Services and Funds from Other Sources: The Department -has experienced officers assigned to patrols in the target area. A significant value derived from in-kind contributions is the groundwork that has been made in terms of intelligence and familiarity with the criminal elements operating in the target area. Officers and detectives from the Department have been involved in routine patrol, conducted prior investigations and surveillance activities and have compiled important information about the problems in the area as well as the needs of the residents and Garden Apartment community as a whole. This information base will be enhanced by this initiative and will undoubtedly prove helpful in future planning efforts designed to bring new resources to the area. Opa-locka Airpark has been designated as a Miami-Dade County Empowerment Zone community. This coveted designation affords favorable status in applying for federal dollars is targeting community and economic development, job training,g, housing, trarisportad n services, business investment, public infrastructure, childcare and social services. The City of Opa-Locka has a Community Development Corporation committed to improving the availability of affordable housing, attracting business interests that create more and bettor job opportunities as part of an overall plan. of neighbor hood revitalization. 5 The City and the Department are hopeful that these two projects will complement the crime suppression effort to draw new resources to the target area that can go a long way in ameliorating many of the environmental and socioeconomic factors that research suggests contribute heavily to higher neighborhood tolerance for criminal activity that inevitably leads to increased crime and victimization. Collaborations or Related Initiatives in PSN Service Delivery Area: In addition to day-to-day police activities, the Department strives to bridge the gap between the police force and the community. The department is currently engaged in a number of community outreach initiatives designed to build trust, encourage communication and foster greater participation between the Department and the residents we serve. They give citizens a chance to voice their opinions about not only the Department's responsiveness and effectiveness, but city government as a whole. Our intent is to provide a holistic approach to providing police services to the citizens, business owners and visitors of the city. One such initiative is "Chiers Night Out". During this monthly event, members of the Department along with City Public Works, Crime Prevention and Code Enforcement walk a neighborhood and knock on doors, talking to residents about crime and other issues that affect their quality of life. • A tragic incident in our recent past sparked the City's awareness and energized the Department's resolve to re-doubled efforts to stem the rise of gun violence. On May 10, 2005, Melanise "Neenee" Malone (a five year old child)was struck by a stray bullet and killed in one of the most dangerous parts of the city, which is known as the "Triangle". To commemorate the brief life of a precious child, the Department set as its goal to reduce violent crime in the City of Opa-Locka, now fittingly named "Operation Neenee", which consists of several components. 6 One component was to- reassigned officers to road patrol to augment police presence by increasing patrols in the "Triangle"and other problematic areas within the City. A new strategic plan was initiated with local, state and federal law enforcement agenci s to rid the streets etS rif offenders. In addition, we have and continue to explore ways to work more closely with the Miami Dade County State Attorney's Office, the administrative judge of the Miami Dade County Drug Court, as well as the Miami Dade County Department of Corrections. A strategy was implemented by the Department to address the environmental conditions that have an impact on chronic criminal activity by working with landlords and business owners, holding them. accountable for the condition of their properties through the City's Nuisance Abatement Board and Code Enforcement. Another component of"Operation Neenee" focuses on children. A modem police force should rely on a multi-faceted approach to policing and for the City of Opa-Locka that means making early inroads into the lives and habits of children. We have reviewed studies, and seen for ourselves, that children who grow up in cities such as Opa-Locka often do not learn conflict resolution skills. To overcome this deficiency we have partnered with Opa-Locka Elementary School and secured a grant to provide elementary students with in-classroom training to teach our youth how to resolve conflicts, end bullying and curb aggressive behavior. On April 20, 2006, the Department along with the Opa-Locka Elementary School (faculty, students, and staff) and The Non-violence Project dedicated a "Peace Pole" installed on the school campus as a permanent fixture of the campus grounds designed to educate and remind children of the importance of a civil society. A key concept to raising good citizens is keeping them engaged in productive activities. 7 We believe that these kinds of innovative programs have the potential for far reaching positive benefits to police/citizen relations and as such serve an important role in the success of our overall public safety mandate and crime prevention efforts. The infusion of additional funding applied to the investigation, &Test and prosecution of known criminal elements operating in the target area can greatly impact our ability to reduce gun violence and the incidence of crimes committed using firearms. In our strategic plan we have and continue to address organizational effectiveness and mutual aid initiatives with other municipal,county, state and federal law enforcement agencies. We have taken the initiative to secure external funding sources to develop and support early intervention programs for children consistent with the Department's mission. Engaging the community, along with the other initiatives expressed, are manageable for police departments of our size. However, what becomes more challenging, as well as necessary for our strategic plan to be complete is the acquisition and implementation of new technologies that contribute greatly to the efficiency and effectiveness of the Police Department, as well as the safety and security of the men and women who provide law enforcement services to our community on a daily basis. The City, through the Department, is in the process of applying for a Weed & Seed neighborhood designation. We are also actively pursuing funding opportunities to procure the ShotSpotter, Gunshot Detection and Location System to deploy in the neighborhood identified as our choice for Weed & Seed designation. Methodology to Measure Success in Achieving Stated Objectives: Baseline data specific to target "hot spot" (Garden Apartment complex) is not available. UCR data;:so <t e Opa-.Lo ka jurisdiction is the best available alternativve. These data for past three years regarding the number of gun homicides and gun-related crimes are presented below. • 8 2004 2005 2006 Criminal Homicide committed with a gun 8 5 I 9 _j ,Other Violent Crime committed with a gun ; ?69 220 178 Success in achieving the stated objective will be measured using UCR data comparisons from the prior years against the project data to demonstrate a reduction in the incidence of gun violence, calls for service, and arrest and indictment of gang members. The primary objective, expected outcomes and metrics are outlined below. Data specific to the Garden Apartment complex will be collected separately for the project period. Objective Expected Outcomes Measure of Success Reduce the negative impact of Reduction in the incidence of 5%reduction in the number of gang related crime and gun violence gun crimes and homicides in violence on residents of the the target area. Garden Apartments complex. Reduction in the incidence of 5% reduction in calls for other gang-related crime in the service regarding gang related target area crimes Arrest and indictment of gang Arrest and indictment of at members. least twenty four gang members Attached is a map of the City that identifies the target area of Garden Apartments within the City of Opa-Locka. Budget Outline and Narrative: The only expenditure under this proposal will be overtime pay and associated costs for law enforcement personnel from the City who will participate in the CST operations. The requested funding is for an average of 40 overtime hours per month for an annualized total of 480 hours. 9 This will enable the implementation of ongoing crime suppression activities conducted and supervised by experienced law enforcement officers who are very familiar with the principals and challenges of the targeted "hot spot"area. Budget Outline: Federal Funds In-Kind Cost Category Requested Services Total Costs Overtime Wages (480 Hours x $40. per hour). $19,200 $19,200 Social Security—Retirement(6.2%x$19,200) $1,190 $1,190 Social Security—Medicare (1.45% x $19,200) $278 $278 Salary Regular—(25% of one full time equivalent) $10,000 $10,000 Fringe benefits- (0.38 x &10,000 $3,800 $3,800 Total $20,668 $13,800 $34,468 Budget Narrative: Computations are based on an anticipated average hourly overtime rate of $40 per hour for appropriate Department personnel. This rate is equal to 1.5 times the regular hourly rate. Only the required. Social Security payroll taxes are applied as overtime fringe benefits. These are calculated on the hourly rate and are presented in the aggregate. The monetary value of the in- kind services applied to this initiative is equal to.25% (1/4 full time equivalent) of the personnel costs of an experienced detective who will be assigned to coordinate and oversee this detail. - Participation in District-wide Evaluation: The Police Department of the City of Opa Locka recognizes the importance of thorough and accurate data collection as a key element in the process of effective evaluation. Decisions driven by research and vigorous analysis offer the best rationale for defining relevant law enforcement and crime reduction objectives as well as the highest probability for achieving meaningful outcomes. 10 The Department will participate fully in the evaluation process and comply with all directives and requirements of the PSN research and evaluation contractor. • • • • • I 1 SUB 0ip CONTRACT Between The Miami Coalition For A Safe and Drug-Free Community And The City of Opa-Locka Police Department This is a cost-reimbursement Agreement between The Miami Coalition For A Safe And Drug-Free Community,hereinafter,"The Coalition",and The City of Opa-Locka Police Department., hereinafter, "Subcontractor",for the performance'of services as part of the U.S.Department of Justice, Office of Justice Programs Anti-Gang Initiative under Project Safe Neighborhoods(PSN). The enforcement and prevention components of this gang and violent crime reduction project are conducted in collaboration with the Office of the U.S.Attorney for the Southern District of Florida,federal, state and local law enforcement agencies and community based prevention organizations,with The Miami Coalition serving as fiscal agent. This Agreement is funded under the authority of Project Safe Neighborhoods Grant Number 2006-PG-BX-0047 and shall be tracked by the Miami Coalition as Subcontract Account#OLPD-08-01. I. SCOPE OF AGREEMENT. This subcontract is part of the PSN initiative to reduce violent crime in Southeast Florida. The Subcontractor shall provide the necessary personnel, equipment, facilities and supplies to perform investigations, surveillances, apprehensions, incarceration and prosecution related to the enforcement of State and Federal criminal laws to reduce gang violence,violent crime,and gun crimes in the City of Opa-locka. Services will be provided in cooperation with local, State and Federal law enforcement organizations, including Federal and State prosecutors. Any other local law enforcement organizations joining under this agreement will be required to sign a formal Memorandum of Participation with the Subcontractor and submit invoices and performance reports to the Subcontractor for review, approval and forwarding to The Miami Coalition for processing and payment. II. PERIOD OF PERFORMANCE: Performance of this Subcontract shall begin February 1, 2008 and shall not extend beyond December 31,2008 unless further extended by amendment of the Subcontract,which shall be in writing and signed by all parties to this agreement. III. REPORTS AND DELIVERABLES, Subcontractor shall submit performance reports and invoices at least quarterly or as mutually agreed between The Miami Coalition and the Subcontractor's Principal Investigator. Reports shall include as a minimum: The participating personnel listed by name, agency, days, times, total hours and activities devoted to this project, along with short references to the status or outcomes related to the project's objectives.Rosters can be duplicated to simplify the tracking of participation.PSN reporting forms and guidelines provided in electronic format by The Coalition are to be used for reporting performance,grant related expenditures and budget modification requests. The performance report is designed to be retained electronically and require only partial updating for each submission.If multiple agency invoices are combined for submission by the Subcontractor, the single cover invoice shall be organized by agency to facilitate fiscal tracking. A final invoice and/or financial report, and a final performance report shall be submitted within 60 days of the end date stated in section II. N. PERFORMANCE MEASURES: To assist in fulfilling the Department of Justice's responsibilities under the Government and Performance Results Act (GIPRA), P.L.103-62, applicants who receive funding under this solicitation must provide data that measures the results of their work. Performance measures for this Sub-grant are as follows: TMC/PSN COPD Subcontract Page 1 of 6 January,2008 Objective Performance Measures Data Grantee Provides Reduce the negative impact 5%reduction in the number of Department documentation tracking of gang related crime and gun crimes and homicides in the crimes in the jurisdiction. violence on residents of the target area. Garden Apartments residential complex. 5%reduction in the number of Department documentation tracking calls for service regarding gang calls for service. related crimes. 24 gang members will be Arrest and case report summaries identified, investigated, documenting arrests,Federal and State arrested, indicted and indictments, prosecutions and prosecuted. convictions. V. COST PRINCIPLES AND ALLOWABLE COSTS. Subcontractor costs under this agreement must comply with the following principles: • Allowability-costs must be reasonable and necessary for the performance of the Project. • Allocability-costs must bear a direct relationship and directly benefit the performance of the Project. • Consistency-costs must be given consistent treatment through application of those generally accepted accounting principles appropriate to the circumstances. • Conformance-costs must conform to any limitations or exclusions set forth in federal circulars, Federal laws, State or local laws,sponsored agreements or other governing regulations as to types or amounts of cost items. • Cost must be net of applicable credits. Costs must be documented in accordance with US Office of Management and Budget(OMB)Circular A-I 10, "Uniform Administrative Requirements" for non-profit organizations, including institutions of Higher Education,Hospitals and Other Nonprofit Organizations or the A-102 "Common Rule for State and Local Governments,"as applicable. VI. METHOD OF PAYMENT. The total of the subcontract shall not exceed$25,000 for the period stated in Section H. Reimbursement by The Miami Coalition will be in accordance with the Subcontract budget as submitted by Subcontractor and approved by The Miami Coalition and attached hereto as Exhibit A and provided that: 1. Total costs do not exceed the total amount stipulated in this Agreement,and; 2. Such costs are incurred in accordance with the applicable cost principles and Subcontractor's established policies and procedures. The Miami Coalition shall not, in the absence of a formal amendment to this Subcontract, be obligated to reimburse the Subcontractor for costs in excess of the total amount specified in this section and the budget attached as Exhibit A. Subcontractor shall submit Performance Reports and invoices to The Miami Coalition for reimbursement at least quarterly, but no more often than monthly. Costs must be identified on each invoice by cost category similar to the budget in Exhibit A, in sufficient detail for post audit review. Invoices in duplicate, shall be submitted on Subcontractors billing forms to The Miami Coalition for review, approval and subsequent payment. TMC/PSN COPD Subcontract Page 2 of 6 January,2008 The Miami Coalition assigned account number,OLPD-08-01,must be included in all invoices. The Miami Coalition will make payment on all invoices submitted in accordance with the terms of this Agreement. The final invoice, clearly marked FINAL, must be submitted within 60 days after the termination of this Agreement.Miami Coalition's payment of the final invoice shall constitute complete satisfaction of all Miami Coalition obligations under this Agreement and releases and discharges the Coalition from all further claims and obligations under this Agreement VII. RE-BUDGETING OF FUNDS. All applicable provisions for re-budgeting of the Grant shall be binding upon the Subcontractor and the Subcontractor agrees to comply with same as follows: • Where the prime award is from Federal sources, Subcontractors entitled to the authorities under the Federal Demonstration Partnership (FDP) as listed in the web site http:/lwww.fdp3.org/, are subject to the same re-budgeting authorities allowed by the Prime Award. • Where the Subcontractor is not entitled to the authorities under the EDP; Subcontractor is authorized to re-budget funds within the existing cost categories reflected in the budget(Exhibit B)up to an amount equal to ten percent(10%)of the total approved budget.Revisions in excess of this limit or involving the addition of budget categories require the submission of a budget modification request form and prior written permission of The Miami Coalition. VIII.GRANT-RELATED INCOME.The Subcontractor agrees to utilize any grant-related income received in connection with this agreement to offset expenditures of the Project unless the Prime Award specifies a different method of use.The Subcontractor further agrees to maintain appropriate records on the receipt and utilization of such income and to include this information in the invoices submitted to The Miami Coalition in order to enable The Coalition to fulfill its responsibility under the Prime Award. IX..PRINCIPAL INVESTIGATOR AND AUTHORIZED OFFICIAL For The Miami Coalition Principal Investigator:Douglas W.Hughes Address: 2490 Coral Way 4th Floor Telephone:(305)854-4515 Miami,Florida 33145 Fax:(305)856-4308 Email:dhughes@miamicoalition.org Authorized Institutional Official Douglas W.Hughes Address:2490 Coral Way 4th Floor Telephone:(305)854-4515 Miami,Florida 33145 Fax:(305)856-4308 E-mail:dhughes@rniamicoalition.org For Subcontractor Principal Investigator: Hayes Tubbs,Chief of Police Address: 2495 Ali Baba Avenue Telephone:(305) 305-953-2889 Opa Locka,Florida 33054 Fax:305-685-4119 E-mail:Jwrightaopalockafl.gov A change in the Subcontractor's Principal Investigator requires prior written approval of The Miami Coalition. Authorized Institutional Official: Hayes Tubbs,Chief of Police Address: 2495 All Baba Avenue Telephone:(305) 305-953-2889 OpaLocka,Florida 33054 Fax:305-685-4119 E-mail:Jwright a,opalockafl.gov TMC/PSN COPD Subcontract Page 3 of 6 January,2008 X.ACCOUNTS,RECORDS AND AUDITS.The Subcontractor shall maintain records and accounts proper accounting of the funds awarded under this subcontract.The Miami Coalition,and/or the Prime to a or any of their duly authorized representatives, shall have access to any books, documents, computer and paper records of Subcontractor which are directly pertinent to this subcontract. Such access to documents and records will be for the purpose of conducting audits, examinations,excerpts and transcriptions until the expiration of three years after the end of the budget period,or longer, if stipulated in the Prime Award. If an audit begins,such documents and records must be maintained until the audit is completed and all resulting questions are resolved. The Subcontractor assumes sole responsibility for reimbursement to The Miami Coalition or to the federal, state,local government or private agency,whichever is appropriate,of a sum of money equivalent to the amount of any expenditures disallowed or rescinded,plus any penalties or fines related to the disallowance. Disallowances can be the result of an adverse finding due to an audit,examination or inquiry performed under current regulations or requested by The Miami Coalition,the funding agency,or any other authorized agency. Adverse findings are generally due to expenditures made but not deemed to be in compliance with the applicable cost principles and/or regulations of the funding agency, the provisions of the Subcontract and/or the Prime Award.Amounts rescinded can be the result of actions of the Prime Awarding agency,or The Miami Coalition. As a condition of receiving this Subcontract, Subcontractor acknowledges that federal or state awarding agency, their audit agencies, and The Miami Coalition's auditors and/or internal auditors may be granted access to records and documents of Subcontractor and Subcontractor's independent auditors work papers as necessary to comply with audit requirements as stated in the next section. Audits Federal Prime Awards Subcontractors who expend$500,000 or more in Federal awards in a fiscal year,are required to have an audit performed in accordance with the provisions of OMB Circular A-I 33,as revised'Audits of States,Local Governments,and Non-Profit Organizations. State of Florida Prime Awards Subcontractors who expend$500,000 or more of State of Florida financial assistance in a fiscal year,are required to have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes;applicable rules of the Executive Office of the Governor and the Comptroller;and Chapter 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. XI. TERMINATION. If at any time the Primary Subcontract terminates the Primary Award, this Subcontract shall also be terminated upon receipt by the Authorizing Official of the Subcontractor of written notice to that effect from The Miami Coalition. Either party may terminate this agreement upon thirty (30) days written notice to the other. In the event of such terminations, Subcontractor shall take all reasonable steps to cancel further costs in connection with this Project. Subcontractor shall be entitled to reimbursement for costs and non-cancelable obligations incurred prior to the effective date of termination, except in no event shall such reimbursement exceed the total amount stipulated in section V. Within sixty (60) days after termination, Subcontractor shall submit a final invoice to The Miami Coalition for review. Upon approval by The Miami Coalition, prompt payment shall be made to Subcontractor of the amount due. XII ASSIGNMENT. This Subcontract may not be assigned by the Subcontractor in whole or in part without the prior written consent of The Miami Coalition. TMC/PSN COPD Subcontract Page 4 of 6 January,2008 XIII LIABILITY. The Subcontractor shall be solely responsible for the payment of any and all claims for loss,personal injury,death,property damage,or otherwise,arising out of any act or omission of its employees or agents in connection with the performance of this work. The Subcontractor shall indemnify,hold harmless, and defend the MIAMI COALITION,its officers,employees,agents,servants,designees,attorneys,and legal representatives against any claims,demands, causes of action,lawsuits, liabilities,costs,and expenditures of any kind, including attorneys fees,resulting from the negligence of the Subcontractor, its officers,employees, agents,designees,or servants while acting within the scope of their employment.The S be entitled to the benefits of sovereign immunity as �will at all ernes provided in Florida Statute 768.28 and common law.Nothing contained in this Agreement shall be construed as a waiver of sovereign immunity. Subcontractor shall furnish Miami Coalition with written verification of liability protection.. XIV INDEPENDENT CONTRACTOR The Subcontractor agrees that it is an independent contractor and not an agent, employee of partner,or joint venture with The Miami Coalition. XV. CLASSIFIED,RESTRICIED AND PROPRIETARY DATA.The Miami Coalition writing as to any information or items made available as agrees to��Subcontractor in part of this Subcontract which are classified restricted or proprietary data either in United States Government classifications or according to The Miami Coalition's classification.The Subcontractor agrees that any such classified,restricted or proprietary data will not be disclosed to other parties without express writing,from The Miami Coalition.The S�further approval,in The Miami Coalition at its request or upon termination of this agreement. such will be returned to XVI APPLICABLE LAW.This Subcontract shall be governed by,and in accordance with the laws of the State of Florida. XVII. INVENTIONS AND DISCOVERIES. The teens "Invention and Discovery' means improvement,development,know-how,knowledge, any invention, discovery, trade secret data,copyrights or trademarks conceived and reduced to practice by The Miami Coalition in the performance of this Agreement,whether or not patented or able to be patented. Ownership of Inventions and Discoveries: (1) Nothing in this agreement shall affect the ownership rights either party may have in inventions and discoveries previously owned by each party or not conceived or reduced to practice under this Agreement. The following provision is applicable only if the Subcontractor is a University: Notwithstanding any provision to the contrary in the Agreement,the Subcontractor shall retain the right to practice any Invention and Discovery developed hereunder for its own academic, noncommercial research and teaching purposes. XVIII. PROVISIONS OF THE PRIME AWARD. All applicable provisions including representations, certifications and flow down clauses of the Prime Award,and those included in Attachment I shall be binding upon the Subcontractor and the Subcontractor agrees to comply with the same. All required assurances of the Prime Award are incorporated herein by reference. XIX. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS. This Agreement the entire Agreement between the two greement and attachments hereto contain on Principal a entire parties. All modifications must be in writing and signed by the Investigators AND the Authorized Officials of The Miami Coalition and Subcontractor. No oral agreements or conversation with an officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement. TMC/PSN COPD Subcontract Page 5 of 6 January,2008 TIE MIAMI COALITION FORA SAFE AND DRUG FREE COMMUNITY Authorizing Official Signature,The Miami Coalition for a Safe and Drug-Free Community,Inc. Printed Name/Title: Douglas W.Hughes xecutiv-Directo D.,e: / PS/Off Official Signature, The Miami Coalition /..f,LA,,��___ /%W� J�[�` Executive Director CITY OF OPA-LOCKA P.D. Authorizing Official Signature,City of Opa Locka Police Department. Rodney Ballentin- Acting Printed Name/Title: . .,, i" ■•;- . .efof Police ' Date: 09/20/2008 Official Signature: de / �-� ,Chief of Police Date: 91" P" Approved as .. e,,.: s is-'enc bject to execution by the parties: By: \, / Date: Printed Name/Title: r City of Opa-Locka TMC/PSN COPD Subcontract Page 6 of 6 January,2008 PSN Cost Reimbursement Contract TMC Fiscal Agent EXHIBIT A LINE ITEM OPERATING BUDGET AGENCY: Miami Coalition for a Safe and Drug Free Community,Inc Sub Contract: City of Opa-Locka PD (OLPD-08-01 CONTRACT PERIOD:From 02/01/2008-12/31/200 DATE PREPARE 1/28/2008 COST MATCH LINE ITEMS REIMBURSEMEN AMOUNTS TOTAL I. PERSONNEL SERVICES (a)SALARIES $ - (b)FRINGE $ - $ TOTAL PERSONNEL= $ 25,000.00 $ - $ 25,000.00 II.EXPENSES (a)BUILDING OCCUPANCY $ - $ - $ (b)PROFESSIONAL SERVICES $ - $ - - $ (c)TRAVEL $ - $ (d)EQUIPMENT COSTS - - $ - $ (e)FOOD SERVICES $ $ - (t)MEDICAL AND PHARMACY $ - $ - $ (g)SUBCONTRACTED SERVICES $ - $ - $ - - (h)INSURANCE $ - $ (i)INTEREST $ - $ - (j)OPERATING SUPPLIES& $ - $ - $ - - EXPENSES $ - $ $ (k)OTHER $ - $ - (1)DONATED ITEMS $ - - $ - TOTAL EXPENSES= $ - $ - $ III.NONEXPENDABLE PROPERTY (a)EQUIPMENT $ - $ (b)PROPERTY $ - - $ TOTAL NONEXPENDABLE PROPERTY= $ - $ - $ - IV.ADMINISTRATION $ - $ - $ - GRAND TOTAL= $ 25,000.00 $ - $ 25,000.00 PSNIAOH/TMC 01/01/2008