Item L4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUIYIMARV
Meeting Date: March 18 2009 Division: Monroe County Sheriff's Office
Bulk Item: Yes X No _ Department: Grants
Staff Contact Person/Phone #: Tamara Snider / 292-7092
AGENDA ITEM WORDING:
Approval of an MOU between the Monroe County Sheriff's Office and Monroe County Board
of County Commissioners to apply for reimbursement of funds from the USAI FY 2007Grant /
Homeland Security Office of Domestic Preparedness with the City of Miami. The
$168,499.00 from the grant will be used to purchase equipment approved by the granting
agency.
ITEM BACKGROUND:
Transaction will be reported on FY09 for both the Sheriff and the BOCC
PREVIOUS RELEVANT BOCC ACTION:
Back on May 20, 2008 the BOCC entered into a Memorandum of Agreement through the
Urban Area Security Initiative (UASI) Grant Program for FY 2007. The agreement was
between the City of Miami and Monroe County. The BOCC meet on October 15, 2008 and
approved the grant document.
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $168,499
COST TO COUNTY: 0.00
BUDGETED: Yes X No
SOURCE OF FUNDS: FY 2007 UASI
REVENUE PRODUCING: Yes _ No X AMOUNT P R MONTH Year
APPROVED BY: County Atty �O urchas Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #_
Revised 11/06
Budget & Finance Contract Review Worksheet
Contract with A4,,Lr BOCC Meeting Date
If there is a cost to Monroe County, is funding available? es No N/A 6(`vA4
(If no call Department)
Is Cost to Monroe County:
under $5,000
$5,000425,000 _ did the department get two written quotes? Yes No (check with department)
over $25,000 was this bid out? Yes No (check with Carlos Victores)
Is this the low bidder? Yes No
FS 287.0582 — all contracts which bind Monroe Countyfor the purchase of services or tangible personal property
for a period in excess of 1 fiscal year must have the following statement included in the contract. "Monroe County's
performance and obligation to pay under this contract, is contingent upon an annual appropriation by the BOCC. "
Is Non Appropriation Clause present? Yes No 6
FS 287.133 — requirement for vendors to file apublic entity crime statementprior to issuance of apurchase order or
contract having a value in excess of the threshold for Category two($25, 000, 2002 Florida Statutes). Statement
which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with anypublic entity, and may not transact
business with any public entity in excess of the threshold amount provided in ,Section 287.017, for CATEGORY TWO
for a period of 36 months from the date of being placed on the convicted vendor list. " Is Public Entity Crime
Statement present? Yes No 0 /-A
Is Ethics form or statement present? "Contractor warrants that helit has not employed, retained or otherwise had
act on hislits behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or
any County officer or employee in violation of Section 3 of Ordinance No. 10-7990. For breach or violation of this
provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of arty fee, commission,
percentage, gift, or consideration paid to theformer County officer or employee" .Yes No k)IA
(If no comment on contract summary)
If this is a grant agreement, is budget set up? es No NIA
(if no keep copy with resolution folder)
If this is an amendment, is original contract included? Yes No C/A
(If no make note to department)
Is there a cost of living clause? Yes No AA if so does wording match Purchasing Policy Wording "adjusted
annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for
the most recent 12 months available"? Yes No N/A
Additional Comments L4i4 !� l ;00-1
Contract read and reviewed by
If cost to Monroe County is over $50,000 route to Budget Director, otherwise route to Senior Budget Analyst.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Monroe County Sheriff Effective Date: 03/18/2009
Expiration Date: 04/30/2010
Contract Purpose/Description: Monroe County is participating in a Homeland Security Office of
Domestic Preparedness grant with the City of Miami. The $168,499.00 from the grant will be
used to purchase equipment for the Sheriff's Office approved by the granting agency.
Contract Manager: Irene Toner 6065 Emergency Management/Stop #14
(Name) (Ext.) (Department)
for BOCC meeting on: March 18, 2009 Agenda Deadline: March 3, 2009
CONTRACT COSTS
Total Dollar Value of Contract: $168,499.00 Current Year Portion: $168,499.00
Budgeted? Yes X No Account Codes: 125- 135a-530490- G&0gj.-XXXXXX
Grant: $168,499.00
County Match: $0.00
ADDITIONAL COSTS
Estimated Ongoing Costs: $0.00 For: Staff support -filing reports, oversight
(Not included in dollar value above) (e.g. Maintenance, utilities, janitorial, salaries, etc.
CONTRACT REVIEW
Changes
ate In Needed
Division Director 3 r s9 Yes❑ No[
Risk Management 3 �)4 Yes[] No[
t, ��A, �ti
O.M.B./Pur Ving �101Yes[jN61
od
County Attorney
Comments:
R -A 4' 01 Yes❑ N
OMB Form Revised 9/11/95 MCP #2
Date Out
1
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("Agreement") is nude and entered
into this day of 2009, 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 2007 Urban Area Security Initiative (UASI), 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 entered into an agreement with the City of Miami on May 20,
2008, by which the City of Miami sub -granted the sum of one hundred sixty-eight thousand four
hundred and ninety-nine dollars ($168,499.00) to Monroe County for the purchase of equipment
approved by the granting agency, 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 March 18, 2009, through April 30,
2010, 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 the approved equipment,
and will be maintained on the Sheriff s inventory.
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
$168,499.00. The total sum represents federal grant support in the amount of $168,499.00 and
matching funds in the amount of $0.00. All funds shall be distributed and expended in
accordance with the grant agreement.
2
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
appropriate documentation 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 FOR PROVIDER
Monroe County Grants Administrator Monroe County Sheriff Richard Roth
l 100 Simonton Street 5525 College Road
Key West, FL 33040 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
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
3
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 of the other.
12. 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) BOARD OF COUNTY COMMISSIONERS
ATTEST. DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
Deputy Clerk
Witness
Mayor/Chairman
MONROE COUNTY SHERIFF'S OFFICE
LIN
Title.
MONROE COUNTY ATTORNEY
A OV�D�AS TO OR
NTHfA L. LL
ASSISTANT�COUNTYY TTORNEY
Date
4
Aqvj�a.t 4
MEMORANDUM OF AGREEMENT
FOR PARTICIPATING MIAMI UASI GRANT FY 2008 AGENCIES
This Agreement is entered into this gQb t day of "Y1!1 � 2008, by
and between the City of Miami, a municipal corporation of the State of Florida, (the
Sponsoring Agency") and Monroe County, (the "Participating Agency").
RECITALS
WHEREAS, the U.S. Department of Homeland Security Office of Grants and
Training (OG&T), is providing financial assistance to the Miami urban area in the
amount $11,620,600 dollars through the Urban Area.Security Initiative (UASI) Grant
Program 2007; and
WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI
Grant Program FY 2007; and
WHERI=AS, as the OG&T requires that the urban areas selected for funding take
a regional metropolitan area approach to the development and implementation of the
UASI Grarlt Program FY 2007 and involve core cities, core counties, contiguous
jurisdictions, mutual aid partners, and State agencies; and
WHEREAS, the FY 2007 Urban Area has been defined as the City of Miami,
Miami -Dade and Monroe Counties, and the City of Hialeah, and anticipates sub -
granting a portion of the UASI funds in accordance vuith the grant requirements; and
WHEREAS, the City Commission, by Resolution No. R - O B -n, Q ip ,
adopted on ' , has authorized the City Manager to enter into this
Agreement with each participating agency on behalf of the City of Miami; and
Pogo I or I
WHEREAS, the Sponsoring Agency wishes to work with the participating
agencies through the Urban Area Working Group process to enhance Miami and its
surrounding jurisdictions ability to respond to a terrorist threat or act.
NOW THEREFORE, in consideration of the foregoing, the parties hereto agree
as follow:
t. PURPOSE
A. This Agreement delineates responsibilities of the Sponsoring Agency and the
Participating Agencies for activities under the UASI Grant Program FY 2007 which
was made available by Office of Grants and Training (OG&T) and the State of
Florida Division of Emergency Management (DEM).
13. This Agreement serves as the Scope of Work between the Participating Agency and
the Sponsoring Agency.
0. SCOPE
A The provisions of this Agreement apply to UASI Grant Program FY 2007 activities to
be performed at the request of the federal government, provided at the option of the
Sponsoring Agency, and in conjunction with, preparation for, or in anticipation of, a
major disaster or emergency related to terrorism and or weapons of mass
destruction.
B. No provision in this Agreement limits the activities of the Urban Area Working Group
or its Sponsoring Agency in performing local and state functions.
III DEFINITIONS
A. Critical Infrastructure. Any system or asset that if attacked would result in
catastrophic. loss of life and/or catastrophic economic loss management of
resources (including systems for classifying types of resources); qualifications and
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certification; and the collection, tracking, and reporting of incident information and
incident resources.
B. Core County. The county within which the core city is geographically located. The
core city is the City of Miami.
C. UASI Grant Program FY 2007. The UASI Grant Program Fiscal Year 2007 reflects
the intent of Congress and the Administration to enhance and quantify the
preparedness of the nation to combat terrorism.
D. National Incident Management System (NIMS). This system will provide a
consistent nationwide approach for federal, state, and local govemments to work
effectively and efficiently together to prepare for, respond to, and recover from
domestic Incidents, regardless of cause, size, or complexity. To provide for
interoperability and compatibility among Federal, State, and local capabilities, the
N1MS will Include a core set of concepts, principles, terminology, and technologies
covering the incident command system; multi -agency coordination systems;
unified command; training; identification and
E. Urban Area Working Group (UAWG). The State Administrating Agency Point of
Contact (SAA POC) must work through the Mayor/CEOs from all other jurisdictions
within the defined urban area to identify POCs from these jurisdictions to serve on
the Urban Area Working Group. The Urban Area Working Group will be
responsible for coordinating development and implementation of all program
elements, including the urban area assessment, strategy development, and any
direct services that are delivered by OG&T.
F. UASI Grant Program FY 2007. This grant is being provided to address the unique
equipment, training, planning, and exercise needs of large high threat urban areas,
and program activities must involve coordination by the identified core city, core
county/counties, and the respective State Administrative Agency. Funding for the
UASI Grant Program FY 2007 was appropriated by U.S. Congress and is
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authorized by Public Law '108-14, the Emergency Wartime Supplemental
Appropriations Act, 2003. The funding will provide assistance to build an enhanced
and sustainable capacity to prevent, respond to, and recover from threats or acts "
of terrorism for the selected urban areas.
G. Urban Area. An urban area is limited to inclusion of jurisdictions contiguous to the
core city and county/counties, or with which the core city or county/counties have
established formal mutual aid agreements.
IV. SPONSORING AGENCY SMALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the City of Miami Fire -
Rescue Department, authorized to carry Out the herein agreed upon
responsibilities of the Sponsoring Agency.
B. Coordinating with named counties and cities, with the respective State
Administrative Agency, and with the OG&T.
C. Conducting a comprehensive Urban Area Assessment, which will in tum guide the
development of an Urban Area Homeland Security Strategy.
D. Ensuring the participation of the following critical players in the assessment and
strategy development process: law enforcement, emergency medical services,
emergency management, the fire service, hazardous materials, public works,
govemmental administrative, public safety communications, healthcare and public
health.
E. Developing a comprehensive Urban Area Homeland Security Strategy and submit
to the SAA POC.
F. Complying with the requirements or statutory objectives of federal law.
Page 4 of I*
G. Ensuring satisfactory progress toward the goals or objectives set forth in the grant
application.
H. Following grant agreement requirements and/or special conditions.
I. Submitting required reports.
V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the main liaison and partner
with the City of Miami Fire -Rescue Department, authorized to carry out the herein
agreed upon responslbilities of the Sponsoring Agency.
B. Developing sub -grants for municipalities within each county in accordance with UASI
Grant Program FY 2007 requirements. Participating Agencies and sub -grantees
must abide by the grant requirements including budget authorizations, required
accounting and reporting on fund usage, use of funds only for the intended purpose,
and tracking of federally funded assets.
C. Submitting monthly budget detail worksheets to the City of Miami on the progress of
direct purchases of equipment or services.
U. Complying with all UASI Grant Program FY 2007 requirements.
E. Participating as a member of the Urban Area Working Group to include coordinating
with and assisting the City of Miami in conducting a comprehensive Urban Area
Assessment, which in turn will guide development of an Urban Area Homeland
Security Strategy.
F. Ensuring the participation of the following critical players In the assessment and
strategy development process: law enforcement, emergency medical services,
emergency management, the fire service, hazardous materials, public works,
Page 5 of 10
governmental administrative, public safety communications, healthcare and public
health.
G. Assisting the sponsoring agency in development of a comprehensive Urban Area
Homeland Security Strategy.
H. Complying with the requirements or statutory objectives of federal law_
I. Ensuring satisfactory progress toward the goals or objectives set forth in the grant
application.
J. Following UASI Grant Program FY 2007 agreement requirements and/or special
conditions.
K. Submitting required reports as prescribed by the Sponsoring Agency.
L. Maintaining an equipment inventory of UASI purchased items.
VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE:
A. That funding acquired and identified for the Urban Area Security Initiative will be
administered solely by the Sponsoring Agency.
B. The Participating Agencies will provide financial and performance reports to the
sponsoring agency in a timely fashion. The Sponsoring Agency will prepare
consolidated reports for submission to the State of Florida.
C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers
compensation or time related issues of the Participating Agency personnel.
D, Sponsoring Agency and Participating Agency are subdivisions as defined In Section
768,28, Florida Statutes, and each partly agrees to be fully responsible for the
Page b of i o
respective acts and omissions of its agents or employees to the extent permitted by
law. Nothing herein is intended to serve as -a waiver of sovereign immunity by any
party to which sovereign immunity may be applicable. Nothing herein shall -be
construed as consent by a- state agency or subdivision of the State of Florida to be
sued by third parties in any manner arising out of this Agreement or any other
contract.
E. This is a reimbursement grant that requires the Participating Agencies to purchase,
receive, and pay invoices In full for equipment, services, and allowable personnel
costs PRIOR to submitting the same for reimbursement to the Sponsoring Agency.
VII. FINANCIAL. AGREEMENTS
A. Financial and Compliance Audit Report: Recipients that expend $300,000 or more
of Federal funds during their fiscal year are required to,submit an organization -wide
-financial and compliance audit report. The audit must be performed in accordance
with the U.S. General Accounting Office Govemment Auditing Standards and OIIIIB
Circular A-133.
B. The Secretary of Homeland Security and the Comptroller General of the United
States shall have access to any books, documents, and records of recipients of
UASI Grant Program -FY 2007 assistance for audit and examination purposes,
provided that, in the opinion of the Secretary of Homeland Security or the
Comptroller General, these documents are related to the receipt or use of such
assistance. The grantee will also give the sponsoring agency or the Comptroller
General, through any authorized representative, access to and the right to examine
all records, books, papers or documents related to the grant-
C. Financial Status Reports are due within 45 days after the end of each calendar
quarter. A report must be submitted for every quarter that the award is active,
including partial calendar quarters, as well as for periods where no grant activity
occurs.
Page 7 or to
D. Submit Categorical Assistance Progress Report to describe progress to date in
implementing the grant and its impact on homeland security in the state.
E. All financial commitments herein are made subject to the availability of funds and
the continued mutual agreements of the parties.
VIII. CONDITIONS, AMENDMENTS, AND TERMINATION
A. The Participating Agency will not illegally' discriminate against any employee or
applicant for employment on the grounds of race, color, religion, sex, age, or
national origin in fulfilling any and all obligations under this Agreement.
B. Any provision of this Agreement later found to be in conflict with Federal law or
regulation, or invalidated by a court of competent jurisdiction, shall be considered
inoperable and/or superseded by that law or regulation. Any provision found
inoperable is'severable from this Agreement, and the remainder of the Agreement
shall remain in full force and effect.
C. This Agreement"may be modified 'or, amended only with the written agreement of
each of the parties.
D. This Agreement may be terminated by either party on thirty (30) days written
notice to the other party.
E. This Agreement shall be considered the full and complete agreement between the
undersigned parties, and shall supersede any prior Memorandum of Agreement
among the parties, written or oral, except for any executory obligations that have
not been fulfilled.
Pages of 10
F. This Agreement may be executed in several parts, each of which shall be
considered a valid Agreement, provided that each of the parties to the Agreement
has executed at least one (1) original copy of the Agreement and has .transmltted�=
copy of the signature page hereof to the other parties.
G. This Agreement will end on April 30, 2010, unless otherwise extended, at which
time the parties may agree to renew the association. Renewal will be based on
evaluation of the Sponsoring Agency's ability to conform to procedures, training
and equipment standards as prescribed by the OG&T.
ATTEST:
Priscilla A. Thompson
City Clerk
APPROVED AS TO FORM AND.
CORRECTNESS:
Clty Attorney
SPONSORING AGENCY
THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
BY:
Pedro G. Rtm
City Manager
APPROVED AS T/O IN
REQUIREMENTS:
Page 9 or 10
Brehm,
Division
ATTEST:
Name:
Title:
PARTICIPATING AGENCY
BY:
NAME:
TITLE:
APPROVED AS TO FORM AND
CORRECTNESS:
Participating Agency Attorney
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