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Item O4BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2012_ Division: Monroe County Sheriffs Office Bulk Item: Yes X No Department: Grants Staff Contact Person/Phone #: Tamara Snider / 292-7092 AGENDA ITEM WORDING: Memorandum of Agreement between Monroe County and Monroe County Sheriffs Office regarding the use of $156,720.49 from a FY 2010 UASI / Homeland Security Office of Domestic Preparedness grant with the City of Miami to purchase equipment for the Sheriffs Office approved by the granting agency. ITEM BACKGROUND: Transaction will be reported on FY2012 financials for both the Sheriff and the BOCC. PREVIOUS RELEVANT BOCC ACTION: On January 4, 2012 the BOCC entered into a Memorandum of Agreement with the City of Miami regarding the Urban Area Security Initiative (UASI) Grant Program for FY 2010. CONTRACT/AGREEMENT CHANGES: The substantive language of this contract has not been changed. This agreement allows for the Sheriff to be reimbursed for grant expenses after they have been incurred and the County has been provided appropriate documentation to support the expense. The County will then seek reimbursement from the City of Miami for the Sheriff's expenses that are related to this grant as well as Emergency Management's expenses for the other half of the grant. Until recently, the County only reimbursed the Sheriff once it had received reimbursement from the City of Miami. Should the Homeland Security funding not be made available to the County, per the County's MOU with the City of Miami, the County would be financially responsible for the expenses. STAFF RECOMMENDATIONS: Approval TOTAL COST: $1.56,720.49 COST TO COUNTY: 0.00 BUDGETED: Yes X No SOURCE OF FUNDS: FY 2010 UASI REVENUE PRODUCING: Yes X No— AMOUNT PER MONTH Year APPROVED BY: County Attye OMB/Purchasing Risk Managemen&_ DOCUMENTATION: DISPOSITION: Revised 11/06 Included X Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Monroe County Sheriff Effective Date: 10/01/2010 Expiration Date: 04/3 0/2013 Contract Purpose/Description: Memorandum of Agreement between Monroe County and Monroe County Sheriff's Office regarding the use of S156,720.49 from a FY 2010 UASI I Homeland Security Office of Domestic Preparedness grant with the City of Miami to purchase equipment for the Sheriff s Office approved by the granting agency. This agreement allows for the Sheriff to be reimbursed for grant expenses after they have been incurred and the County has been provided appropriate documentation to support the expense. The County will then seek reimbursement from the City of Miami for the Sheriffs and Emergency Management's expenses that are related to this grant. Should the Homeland Security funding not be made available to the County, per the County's MOU with the City of Miami, the County would be financially responsible the expenses. Contract Manager: Tamara Snider 6065 Monroe County Sheriff's Office (Name) (Ext.) (Department) for BOCC meeting on: April 18, 2012 Agenda Deadline: April 3, 2012 CONTRACT COSTS Total Dollar Value of Contract: $156,720.49 Current Year Portion: $156,720.49 Budgeted? Yes X No Account Codes: 125 135"315'� - - GU)0109-XXXXXX Grant: $156,720.49 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 Date Out a e In Needed iewer Division Director Lf3 iL Yes❑ Nol�l Risk Management Yes[:]No[� L 2 O.M.B./Purchasing Yes[:] No[�J/1�- County Attorney + iLou- Yes[:] No[ / — Comments: OMB Form Revised 9/11/95 MCP #2 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day of , 2012, 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, Florida 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 to the State of Florida Department of Community Affairs through the FY 2010 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 January 4,'2012, by which the City of Miami sub -granted the sum of three hundred thirteen thousand four hundred forty dollars and ninety-nine cents ($313,44099), of which one hundred fifty-six thousand seven hundred twenty dollar and 49 cents ($156,720.49) was to be given to Monroe County Sheriff's Office for the purchase of equipment approved by the granting agency as well as other items, and WHEREAS, the SHERIFF has agreed to purchase law enforcement 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 October 1, 2010, through April 30, 2013, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The SHERIFF will purchase equipment as outlined in the COUNTY' S agreement with the City of Miami, attached as Attachment A and made a part hereof 3. OWNERSHIP — The SHERIFF will retain ownership of the approved equipment and will maintain the items on the Sheriff's inventory. 4. FUNDS - The total project budget to be expended by the SHERIFF in performance of the services set forth in "Attachment A" of this agreement shall be the total sum of $156,720.49. The total sum represents federal grant support in the amount of $156,720.49 and matching funds in the amount of $0.00. All funds shall be distributed and expended in accordance with the grant agreement. Monroe County Sheriffs Office — MOU UASI FY 2010 Page 1 of 3 5. INCORPORATION BY REFERENCE - The provisions of those certain documents entitled "Memorandum of Agreement for Participating Miami UASI IV Agencies" and all laws, rules and regulations relating thereto are incorporated by reference (Attachment A). b. BILLING AND PAYMENT - 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 appropriate documents 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 ordered 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. S. 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 Administrator 1100 Simonton Street Key West, FL 33040 And Director Monroe County Emergency Management 490 63' St., Suite 150 Marathon, FL 33040 FOR PROVIDER.. Monroe County Sheriff Robert P. Peryam 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 equipment ordered 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 Monroe County Sheriffs Office — MOU UASI FY 2010 Page 2 of 3 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 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 MONRQE COUNTY ATTORNEY AP OV D AS./T �' .•... NTWIA L. HALL ASSISTA T COUNTY ATTORNEY Date 4-3- Q-0 l IM Mayor/Chairman MONROE COUNTY SHERIFF'S OFFICE By: Tid MONROE COUNTY SHERIFF'S OFFICE APPRMD AS TO FORM: DATE: Monroe County Sheriffs Office — MOU UASI FY 2010 Page 3 of 3