FY2007 03/18/2009
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
April 17, 2009
TO:
Sheriff Robert P. Peryam
Monroe County Sheriffs Office
A TTN:
Tamara Snider
FROM:
Pamela G. Hanco&
Deputy Clerk
At the March 18, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Memorandum of Understanding between Monroe County
and the Monroe County Sheriffs Office to apply for reimbursement of funds from the USAI FY
2007 Grant/Ilomeland 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.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
Cc: County Attorney
Finance
OMB
File ./
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("Agreel11ent") is n1ade and entered
into this ~~_ day of March , 2009, by and between The Monroe County
Board of County Coml11issioners, a political subdivision of the State of Florida, whose address is
1100 Sil11onton Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and The
Monroe County Sheriff's Office, hereinafter referred to as "SHERIFF."
WITNESSETH
WHEREAS, the u.S. Depart111ent of Homeland Security Office for Domestic
Preparedness has awarded a grant the State of Florida Department of Coml11unity Affairs through
the FY 2007 Urban Area Security Initiative (UASI), and
WHEREAS, the State of Florida Department of COl11munity Affairs has awarded a
sub grant of these funds to the City of Miami through a federally-funded sub grant 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,
NOVV 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 COillJTY'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 nlaintained 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$168,499.00 and
matching funds in the amount of$O.OO. All funds shall be distributed and expended in
accordance vvith the grant agreement.
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5. INCORPORATION BY REFERENCE - The provisions of those celiain
docunlents entitled "Melnoranduln of Agreement for Participating Mimni UASI IV Agencies"
therefore and all laws, rules and regulations relating thereto are incorporated by reference,
(Attachlnent 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 equipnlent,
and all other infonnation required by the COUNTY for reimburselnent. 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 COU1\fTY
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 ~t1iami 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 he:reafter 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
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of Inaterial breach, it will have thirty days in order to cure the Inaterial breach of the contract. If,
after thirty (30) days, the breach has not been cured, the contract will autOlnatically be
tef1ni nated.
11. ASSIGNMENTS AND SUBCONTRACTING - Neither patiy to this Agreelnent
shall assign this Agreement or any interest under this Agreelnent, 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 Agreelnent of the parties is contained
herein and that this Agreelnent 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 Inatter 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.
,INWITNESS WHEREOF, the parties to this Agreement have caused their names to be
'affixed heret8',by the proper officers thereof for the purposes herein expressed at Monroe County,
Fle>tida, on th~' day and year first written above.
'\J$~} , ,
'xt"fBST;.,I}ANNY L. KOLHAGE, Clerk
B;t:L~
6eputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Bktn'lF-l!. n~,~
Mayor/Chairman
MONROE COUNTY SHERIFF'S OFFICE
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MONROE COUNTY ATTORNEY
AFfJ(l~SI.Of!:
NTHIA L. A LL
ASSISTANT COUNTY <fTTORNEY
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MEMORANDUM OF AGREEMENT
FOR PARTICIPATING MIAMI UASI GRANT FY 2008 AGENCIES
This Agreement is entered into this :JJ)~ dayof"'YY\ ~ ,2008, by
and between the City of Miami, a municipat corporation of the State of Florida, (the
"Sponsclring Agency") and Monroe-County, (the "Participating Agency").
RECITALS
WHEREAS, the U.S. Department of Homeland Secur:ity 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 lnitiative (UASI) Grant
Program 2007; and
WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI
Grant Program FY 2007; and
WHEREAS, as the OG& T requires that the urban areas selected for funding take
a regional metropolitan area approach to the development and imptementation of the
UASI Grant Program FY 2007 and involve core cities, core counties, contiguous
juriscUctions, 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 CJty of Hialeah, and anticipates sub-
granting II portion of the UASI funds in accordance with the grant requirements; and
WHEREAS, the City Commission, by Resolution No. R.. CJ ~ -n\ q r, ,
adopted on ~Q ID, ~DI)fr. has authorized the City Manager to enter into this
Agreement with each participating agency on behalf of the City of Miami; and
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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:
L 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 (OEM).
B. This Agreement serves as the Scope of Work between the Participating Agency and
the Sponsoring Agency.
II. 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, aod in conjunction with, preparation fort 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 Joss of life and/or catastrophic economic 108S management of
resources (including systems for classifying types of resources); qualifications and
Page 2 of 10
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 governments 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 focal capabilities, the
NIMS 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 Wor1cing Group (UAWG). The State Administrating Agency Point of
Contact (8AA POC) must work through the Mayor/CEOs from all other jurisdictions
within the defined urban area to identify poes 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
elernents, incJuding the urban area assessment. strategy deveropment, 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
equipmentt trainingt 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 108-11, the Emergency Wartime Supplemental
Appropriations Act, 2003. The funding will provide assistance to build an enhanced
and sustainable capacity to prevent, respond tOr 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 SHALL BE RESPONSIBLE FOR:
A. Providing an adminfstrative departments 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 wifl in turn guide the
development of an Urban Area Homeland Security Strategy.
D. Ensuring the participation of the following critical players [n the assessment and
strategy development process: law enforcement, emergency medical services,
emergency management, the fire service, hazardous materials, public works,
governmental administrative, public safety communications, healthcare and public
health.
E. Developing a comprehensive Urban Area Homeland Security Strategy and submit
to the 8M POCo
F. Complying with the requirements or statutory objectives of federal law.
Page 4 of 10
G. Ensuring satisfactory progress toward the goals or objectives set forth in the grant
appUcation.
H. Folllowing 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 shalt be the main liaison and partner
with the City of Miami Fire-Rescue Department, authorized to carry out the herein
agreed upon responsibilities 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.
D. 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 tum 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, pubUc works,
Page 5 of 10
governmentaf administrative, public safety communications, healthcare and public
health.
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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 Jaw.
I. Ensuring satisfactory progress toward the goals or objectives set forth in the grant
application.
J. Following UASI Grant Program FY 2007 agreem~nt requirements andlor 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 wiU provide financial and performance reports to the
sponsoring agency in a timely fashion. The Sponsoring Agency wilt prepare
consolidated reports for submfsslon 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 party agrees to be fuUy responsible for the
Page 6 of ) 0
, .
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 s'hafl"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 fn full for equipment, services, and allowable personnel
costs PRIOR to submitting the same for reimbursement to the Sponsoring Agency.
VII. FINANCIAL AGREEMENTS
A. Financia' and Compliance Audit Report: Recipients that expend $3001000 or more
of Federal funds during their fiscal year are required to.submit an organization-wfde
financial and compliance audit report. The audit must be performed in accordance
with the U.S. Generaf Accounting Office Government Auditing Standards and OMS
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 purposesl
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 arso give the sponsoring agency or the Comptroller
General, through any authorized representative, access to and the right to examine
aU 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.
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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. Allfrnancial 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 empfoyee or
applicant for employment on the grounds of ra~, color, religion, sex, age, or
nationar origin in fuffilling 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 Jawor 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"niay be modified 'or amended only with the writtenpagreement 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 shalJ supersede any prior Memorandum of Agreement
among the parties, written or oral, except for any executory obligations that have
not been fulfilled.
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F. This Agreement may be executed in several parts, each of which shaH be
considered a valid Agreement. provided that each of the parties to the Agreement
ha~; executed at least one (1) original copy of the Agreement and has' transmitted ~ ..
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 prescrjbed by the OG&T.
ATTEST:
SPONSORING AGENCY
THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
APPROVED AS TO FORM AND
CORRECTNESS: - -. - - .
BY:
ef~b:PA- ~.~
P~scjIJa A. Thompson .s- -.;J4 ..a 0
City Clen~ ~
_~ul:re.9' r I
City Attorney
_ APPROVED AS ~0 INS
REQUIREMENTS:
.I
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Page 9 Df 10
ATTEST:
Name:
Title:
PARTICIPATING AGENCY
BY:
NAME:
TITLE:
APPROVED AS TO FORM AND
CORRECTNESS:
Participating Agency Attorney
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