Item J2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 21. 2007
Division:
Monroe County Sheriff's Office
Bulk Item: Yes -K- No
Department: Grants
Staff Contact Person/Phone #: Tamara Snider /292-7092
AGENDA ITEM WORDING:
Approval of an MOU between the Monroe County Sheriffs Office and Monroe County Soard
of County Commission to apply for reimbursement of funds from the USAI Grant / Homeland
Security Office of Domestic Preparedness with the City of Miami. The County share
($156,360.00) has been used to purchase communications equipment for the Sheriff's
Office.
ITEM BACKGROUND:
Transaction has been reported on FYE06 for both the Sheriff and the SOCC
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
ST AFF RECOMMENDATIONS:
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
Year
APPROVED BY: County Atty
OMB/Purchasin
~'"
lsk Management _
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Effective Date:
Expiration Date:
Contract Purpose/Description: Monroe County is participating in a Homeland Security Office of
Domestic Preparedness grant with the City of Miami. The County's share ($156,360.00) has
been used to purchase communications equipment for the Sheriff's Office.
Contract Manager: Irene Toner
(Name)
6065
(Ext. )
Emergency Management/Stop #14
(Department)
for BOCC meeting on
Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: Current Year Portion:
Budgeted? Yes X No Account Codes:
Grant:
County Match:
Estimated Ongoing Costs:
(Not included in dollar value above)
ADDITIONAL COSTS
For: Staff support-filing reports, oversight
(e,g, Maintenance, utilities, . anitorial, salaries, etc,)
CONTRACT REVIEW
Division Director
Changes ~
Needed /'//
YesO Nol1:r
Date Out
County Attorney
,<
YesO NoE:]
/
YesO No[]3'
YesO No[ZJ/'/'
Risk Management
O.M.B.lPurchasing
Comments:_
OMB Form Revised 9/11195 MCP #2
AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 2007, by and between The Monroe County Board of County
Commissioners, a political subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and The Monroe County
Sheriffs Office, hereinafter referred to as "SHERIFF."
WITNESSETH
WHEREAS, the U.S, Department of Homeland Security Office for Domestic
Preparedness has awarded a grant the State of Florida Department of Community Affairs through
the FY 2005 Urban Area Security Initiative (VASI), and
WHEREAS, the State of Florida Department of Community Affairs has awarded a
subgrant of these funds to the City of Miami through a federally-funded subgrant agreement, and
WHEREAS, the COUNTY has entered into an agreement \Vith the City of Miami on
March 15, 2006, by which the City of Miami has sub-granted the sum of one hundred, fifty-six
thousand, three hundred, and sixty dollars ($156,360,00) to Monroe County for the purchase of
communications equipment, and
WHEREAS, the SHERIFF is the sole provider of county-\Vide emergency
communications; and
WHEREAS, the SHERIFF has agreed to purchase communications equipment for use by
the SHERIFF in accordance with the COUNTY'S agreement with the City of Miami,
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the COUNTY and the SHERIFF agree as follows:
1. TERM - The term of this Agreement is from June 1,2005, through February 28,
2007, the date of the signature by the parties notwithstanding, unless earlier terminated as
provided herein.
2. SERVICES - The SHERIFF will purchase communications equipment as outlined
in the COUNTY'S agreement with the City of Miami, attached and made a part hereof.
3. OWNERSHIP - The SHERIFF will retain ownership of all equipment purchased
under this agreement. The equipment will be maintained on the SHERIFF'S inventory. The
Sheriff will notify the COUNTY in the event of relocation of any of the equipment purchased by
the COUNTY under this agreement.
4, FUNDS - The total project budget to be expended by the COUNTY in
performance of the services set forth in Section 2 of this agreement shall be the total sum of
$156,360.00. The total sum represents federal grant support in the amount of $156,360.00 and
matching funds in the amount of $0.00. All funds shall be distributed and expended in
accordance with the grant agreement.
5, INCORPORATION BY REFERENCE - The provisions of those certain
documents entitled "Memorandum of Agreement for Participating Miami UASI IV Agencies"
therefore and all laws, rules and regulations relating thereto are incorporated by reference,
(Attachment A).
6. BILLING AND PAYMENT
(a) The SHERIFF shall render to the COUNTY, after purchase of the equipment, an
itemized invoice properly dated, describing the equipment purchased, the cost of the equipment,
and all other information required by the COUNTY for reimbursement. Upon receipt of the
grant funding, the COUNTY shall reimburse the SHERIFF for the said expenditures.
7. TERMINATION - This Agreement may be terminated by either party at any time,
with or without cause, upon not less than thirty (30) days written notice delivered to the other
party. The COUNTY shall not be obligated to pay for any equipment purchased by the SHERIFF
after the SHERIFF has received notice of termination. In the event there are any unused grant
Funds, the SHERIFF shall promptly refund those funds to the COUNTY or otherwise use such
funds as the COUNTY directs.
8. NOTICES - Whenever either party desires to give notice unto the other, it must be
given by written notice, sent by registered United States mail, with return receipt requested, and
sent to:
FOR COUNTY
Monroe County Grants Administrator
1100 Simonton Street
Key West, FL 33040
FOR PROVIDER
Monroe County Sheriff Richard Roth
5525 College Road
Key West, FL 33040
Either of the parties may change, by written notice as provided above, the addresses or persons
for receipt of notices.
9. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from
the City of Miami cannot be obtained or cannot be continued at a level sufficient to allow for the
services specified herein, this Agreement may then be terminated immediately, at the option of
the COUNTY, by written notice of termination delivered in person or by mail to the SHERIFF at
its address specified above. The COUNTY shall not be obligated to pay for any services
provided by the SHERIFF after the SHERIFF has received notice of termination.
10. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services
pursuant to this Agreement, the SHERIFF shall abide by all statutes, ordinances, rules, and
regulations pertaining to, or regulating the provision of, such services, including those now in
effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State
effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State
of Florida and Article 1 of the United States Constitution, which provide that no revenue of the
state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect
or religious denomination or in aid of any sectarian institution. Any violation of said statutes,
ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately
upon delivery of written notice of termination to the SHERIFF, If the SHERIFF receives notice
of material breach, it will have thirty days in order to cure the material breach of the contract. If,
after thirty (30) days, the breach has not been cured, the contract will automatically be
terminated.
11. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement
shall assign this Agreement or any interest under this Agreement, or subcontract any of its
obligations under this Agreement, without the written consent ofthe other.
12. EMPLOYEE STATUS - Persons employed by the SHERIFF in the performance
of services and functions pursuant to this Agreement shall have no claim to pension, worker's
compensation, unemployment compensation, civil service or other employee rights or privileges
granted to the COUNTY'S officers and employees either by operation oflaw or by the
COUNTY.
13. INDEMNIFICATION - The SHERIFF agrees to hold harmless, indemnify, and
defend the COUNTY, its commissioners, officers, employees, and agents against any and all
claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or related
to the provision of services hereunder by the SHERIFF.
14. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements presently in effect
between the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County,
Florida, on the day and year first written above.
(SEAL)
ATTEST: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
MONROE COUNTY SHERIFF'S OFFICE
'" I'..
Witness
MONROE COUNTY
J~PP1mVED AS