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11-NF-00-11-54-01-512 11/17/2010DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: November 22, 2010 TO: James Callahan, Fire Chief Emergency Management ATTN: Jose Tezanos FROM: Pamela G. Hanck�'C. At the November 17, 2010, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Memorandum of Understanding for Expenditure of Recipient Funding from the 2008 Emergency Management Performance Grant (EMPG) between Monroe County and the Florida Division of Emergency Management (FDEM), Contract Number: 11-NF-00-11-54-01-512 in the amount of $4,994.02, grant funded and no county match, for purchase of one 800 MHZ radio for the Emergency Management Department; and authorization for the County Administrator to execute any other required documentation in relation to the application process. Enclosed are five duplicate originals, executed on behalf of Monroe County, for your handling. Please be sure to return the fully executed Clerk's Original and Finance Copy. Agreement with the State of Florida, Division of Emergency Management concerning a Subgrant Agreement under the Severe Repetitive Loss (SRL) Grant program contract number: 11-SL-42-11-54-01; FEMA Number: SRL-PJ-04-FL-2008-025 awarded to Antonio Castillo for mitigation reconstruction of residence after flood damage in the amount of $170,862.00 with no county match required, and approval of Agreement between Monroe County and Antonio Castillo; and authorization for the County Administrator to execute any other required documentation in relation to the application process. Enclosed are four duplicate originals of the Subgrant Agreement, executed on behalf of Monroe County, for your handling. Please be sure to return the fully executed Clerk's Original and Finance Copy. There are five duplicate originals of the Agreement with Mr. Castillo for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File / Monroe County Clerk's Office Original Contract Number. 11-NF4W11-5401-512 MEMORANDUM OF UNDERSTANDING FOR EXPENDITURE OF RECIPIENT FUNDING FROM THE 2008 EMERGENCY MANAGEMENT PERFORMANCE GRANT THIS MEMORANDUM OF UNDERSTANDING ("MOU') is entered into by and between Monroe County ("Recipient") and the Florida Division of Emergency Management ("FDEM"). WHEREAS, the U.S. Department of Homeland Security has made available the 2008 Emergency Management Performance Grant (EMPG) funds to the FDEM to benefit Florida's County Emergency Management programs. WHEREAS, the 2008 EMPG provides funds to enhance the capability of counties within the State of Florida to prepare for, respond to, recover from and mitigate the effects of all hazards faced by the jurisdiction. WHEREAS, the federal grant guidance encourages States and subgrantess to cooperate in procurement matters to achieve greater economy and efficiency, see 44 C.F.R. §13.36(b)(5). WHEREAS, the 2008 Emergency Management Performance Grant guidance requires that, if the State retains a portion of said grant funds on behalf of a Recipient, the State must enter into a MOU with the Recipient, specifying the amount of funds to be retained by the State for the purchase of the below identified equipment (the Purchases); and NOW THEREFORE, in consideration of the mutual promises and conditions herein contained, the parties agree to the following terms: I. FDEM, in its administration of the EMPG funding, agrees to retain and expend the grant funds for the Purchases on behalf of the Recipient. The total amount of the grant funds retained on behalf of the Recipient for the purchase(s) identified below is: $4,994.02. 2. The Purchases to be made by FDEM on behalf of the Recipient consist of the equipment listed on Attachment A (collectedly the "Purchases"). 3. The Purchases shall be delivered by FDEM to Recipient within 30 days after the full execution of this MOU, and the Recipient must complete and return Attachment A within 30 days thereafter confirming the receipt of the Purchases. 4. The Recipient agrees that all notices provided under or pursuant to this MOU shall be in writing, either by hand delivery, or first class, certified mail, retum receipt requested, to the contract repi+esentative identified below at the address set forth below and said notification shall thereafter be attached to the original of this MOU: The name and address for the FDEM contract manager for this MOU is: Name of Contract Manager. Jenne Helms Florida Division of Emergency Management Office of Policy and Financial Management 2565 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Phone Number. 850-413-9920 E-mat: ienene.helms0em mvfiorida com S.� The name and address of the representative of the Recipient responsible for the administration of this MOU is: Irene Toner Monroe County 490 63`" Street, Ocean Suite 150 Marathon, Florida 33050 Phone: 305-289-6065 E-mail: toner-irene(a)monroecounty fl gov 5. The Recipient shall use the Purchases for the purpose specified in the 2008 EMPG guidance. 6. The Recipient shall not transfer, rent, sell, lease, alienate, donate, mortgage, encumber or otherwise dispose of the Purchases without the prior written consent of FDEM. 7. Any Recipient which is a state agency or subdivision, as defined In Section768.28, Florida Statutes agrees to be fully responsible to the extent provided by Section 768.28, F.S.. for its negligent acts or omissions or tortuous acts which result in claims or suites against FDEM, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be constructed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of ant contract 8. This MOU. is effecthre upon its execution by the parties and may be modified only in writing with execution by both parties. This MOU shall expire five (5) years from the date of execution. 9. This MOU and attachments contain all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by their undersigned officials as duty authorized. RECIPIENT: MONROE COUNTY FLORIDA DIVISION OF EMERGENCY MANAGEMENT: By.By: l /njatuDavid Halstead, Director hen Carruthers " ion of Emergency Management Name and Title November 17, 2010 P-/ Date Date MON OE COUNTY ATTORNEY AROfV�pD A-SSOijFORAA• AS CO NTY ATTORNEY �t _ 0 v Attachment A Receipt of Purchases Contract Number: 11-NF-00-11-5"1-512 The following Item(s) will be used and retained In accordance with paragraph 5 and 6 of this MOU. SLERS Radios MAP1"=f7J4XX1A406 i DAOP 04CP-01-MOSL(attached) The Recipient nice' following item(s) on the .0 � day of 2010. MCEM . , Received by. ;1e_ 41 Printed Name and Title County Name