01/16/2014 Volvo Construction EquipmentMEMORANDUM OF AGREEMENT
FOR PARTICIPATING MIAMI UASI GRANT AGENCIES
FOR DISTRIBUTION OF EQUIPMENT
"Monroe County"
This memorandum of Agreement (the "Agreement ") is entered into this d/
day of M9 , 2013, by and between the City of Miami, a municioal
corporation of the State of Florida, (the "Sponsoring Agency") and Monroe County, (the
"Participating Agency ").
RECITALS
WHEREAS, the United States Department of Homeland Security ( "USDHS "),
through the State of Florida Division of Emergency Management, has sub - granted the
Urban Area Security Initiative ("UASI") Grant Program 2008 to the City of Miami,
accepted pursuant to Resolution No. 09 -0413, adopted September 10, 2009, as well as
the UASI Grant Program 2009, accepted pursuant to Resolution No. 10 -0290, adopted
July 8, 2010, to provide funds to address the unique equipment, training, planning.
exercise and operational needs for urban areas, and to assist them in building an
enhanced and sustainable capacity to prevent, respond to, and recover from threats or
acts of terrorism; and
WHEREAS, in accordance with the UASI 2008 and 2009 Grant Program, the
participating agencies of the City of Hialeah, City of Miami Gardens, City of Miami
Beach, City of Miramar, Broward County Sheriffs Office, Broward County Emergency
Management Agency, City of Ft. Lauderdale, Palm Beach County Sheriffs Office, Palm
Beach County Board of County Commissioners, Monroe County, Miami -Dade County,
Village of Key Biscayne, added to these Resolutions will comply with and uphold the
Memoranda of Agreements ( "Agreement "), deemed as being incorporated by reference
herein , which will now include the distribution of equipment as identified in "Attachment
A ", which specifies responsibilities, use, maintenance, inventory, and disposal
responsibilities in accordance with the UASI grant's policies; and
WHEREAS, the Miami City Commission, by Resolution No. 1
adopted on '"7� i ► 3-0 ( 3 , has authorized the City Manager to enter into this
Agreement with the Broward County Sheriffs Office on behalf of the City of Miami; and
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Page l of 6
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IOW THEREFORE, in consideration of the foregoing, the parties hereto agree
as follow:
I. PURPOSE
A. This Agreement delineates the transfer of Federal UASI grant funded
equipment, from the Sponsoring Agency to the Participating agency, and
identifies such in "Attachment A" per Participating Agency.
B. This Agreement stipulates the Participating Agency's responsibilities for said
equipment as per the Sponsoring Agency's and the UASI grant's guidelines.
C. This Agreement describes the intent and sole purpose of equipment as used
in coordination by the Participating Agency for the participation, use, and
availability of "Regional" equipment. "Regional ", for the purposes of this grant
and it's participants, is equipment or training that shall benefit and be made
available to UASI participants (the "Requesting Agency "), as part of the
collaboration of South Florida local and state.first responder agencies, as
listed above, as well as other South Florida local and state first responder
agencies who execute the required Agreement(s) , in working effectively and
efficiently together to prepare for, respond to, and recover from man -made or
natural disasters.
II. PARTICIPATING AGENCY'S RESPONSIBILITIES
A. The Participating Agency shall not sell or otherwise dispose of this equipment
without the written consent of the Sponsoring Agency. If and when the
Sponsoring Agency approves of Participating Agency selling or disposing of
said equipment, the Participating Agency will dispose of equipment properly.
B The Participating Agency shall submit an inventory report to the Sponsoring
Agency when requested and in a timely manner. The inventory reports shall
include but not limited to: the make, model, serial number, location, Point of
Contact ( "POC ") who has functional authority, condition of equipment and any
additional information as requested.
C. The Participating Agency shall provide /make available the equipment for
inventory and audit site visits as requested.
Page 2 of
D. The Participating Agency shall be fully responsible for the funding and
coordination of maintenance to keep the "Regional" equipment in- service,
fully operational, and available for use in the event the Requesting Agency
requires the use of the listed equipment in ''Attachment A ".
Ill. CONDITIONS:_ DEFAULT, REMEDIES TERMINATION
A. This Agreement may be modified or amended only by the written
agreement of the Sponsoring and the Participating Agency, respectively. Any
amendment to this Agreement shall employ the same formalities as were
used for the execution of this Agreement.
B. EVENT OF DEFAULT - If the Participating Agency fails to comply with any
of the responsibilities or obligations listed above in this Agreement , or if the
responsibilities of the Participating Agency are not met, provided, or
responded to in a timely manner or of the Participating Agency fails to comply
with any applicable law, rule or regulation that provides for the proper
expenditures of UASI funds or use of equipment , the Sponsoring Agency
has the option, in its discretion, to terminate the Agreement .
C. REMEDIES - If an Event of Default occurs, then the Sponsoring Agency
may, after thirty calendar days written notice to the Participating Agency and
upon the Participating Agency's failure to fully cure the Event (s) of Default
within those thirty days as determined by and subject to the reasonable
exercise of judgment of the Sponsoring Agency who at its option, may
exercise any one or more of the following remedies, either singularly ,
concurrently or consecutively:
a. Terminate this Agreement, provided that the Participating Agency
is given at least thirty days(30) prior written notice of the termination.
The notice of termination shall be effective when placed in the United
States, first class mail, postage prepaid, by registered or certified mail -
return receipt requested and this Agreement will be automatically
terminated as of'the expiration of the thirty(30) day period without the
necessity of further action ,
Pa -e 3 of 6
b. institute appropriate civil actions) to enforce performance of this
Agreement , to recover moneys distributed under this Agreement
among other civil remedies available under Florida law;
c. Require that the Participating Agency refund to the Sponsoring Agency
any monies used for ineligible purpose under the laws, rules and
regulations governing the use of the these funds;
d. Request additional information from the Participating Agency to
determine the reasons for or the extent of non - compliance or lack of
performance;
e. Require that the Participating Agency return all distributed equipment
identified in "Attachment A" to the Sponsoring Agency
D. TERMINATION — The Sponsoring Agency may terminate the Agreement for
cause after thirty days written notice. Cause can include, without limitation,
misuse of funds, inability to demonstrate appropriate use of funds or
equipment , fraud, lack of compliance with Section 11 and any other applicable
rules, laws and regulations, failure to perform on time, and refusal by the
Participating Agency to permit public access to any document, paper, letter,
or other material subject to disclosure under Chapter 119, Fla. Stat as
amended.
E. FUNDING CONTINGENCY-
Funding for this Agreement is contingent on the availability of funds and
continued authorization for program activities and the Agreement is subject to
amendment or termination due to lack of funds, reduction of funds and /or
change in laws, regulations, or program requirements upon thirty (30) days
written notice.
F. COUNTERPARTS-
This Agreement may be executed in three or more counterparts, each of which
shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
Page 4 of 6
G. ENTIRE AGREEMENT:
This Agreement and its attachments constitute the sole and only agreement of
the parties relating to the subject matter hereof and correctly set forth the rights,
duties, and obligations of each to the other as of its date. Any prior agreements,
promises, negotiations, or representations not expressly set forth in this
Agreement are of no force or effect.
ATTEST:
BY:
Todd annon I ) ( I13
City Clerk
SPONSORING AGENCY
THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
M 10 0
APPROVED AS TO LEGAL FORM AND APPROVED AS TO IN7RANCE
CORRECTNESS: REQUIREMENTS: //
BY: � *z44 BY:
Vic or Calvin
City Attorney Depar
is, Pirector
m of Risk Management
Pa- e 5 of
PARTICIPATING AGENCY
"Monroe County"
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NAME: Clevr G X • t
TITLE: / 'Y"O r
Authorized Officer
APPROVED AS TO FORM AND
CORRECTNESS:
Participating Agency Attorney
MON OE COUNTY ATTORNEY
PROVED AS TOF�:
NATILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Page 6 of 6
Attachment A: Regional Distribution of Equipment
ReC
VOLVO CONSTRUCTION EQUIP -
Lightsource Light Tower (Model
2
$7,9'$.00
$15,836.00
(ELSC -60HZ -T4F)
City of Hialeah
THOMPSON PUM? & MANUFACTURING -
6" Thompson ?ump w/ Canopy
(Model 96JSCEN- DJDST- 45T -MC)
i
$46,214.00
$46,214.00
VOLVO CONSTRUCTION EQUIP -
City of Miami Gardens
Lightsource Light Tower (Model
$LSC -60HZ -T4F)
1
$7,913.00
$7,918.00
VOLVO CONSTRUCTION EQUIP -
City of Miami BeachL
Light Tower (Model
RLSC - 60HZ - 74F)
i
$7,918.00
$7,918.00
VOLVO CONSTRUCTION EQUIP -
Lightsource Light Tower iModel
1
$7,918.00
$1,9i8.00
4LSC -60HZ -T4F)
City of Miramar
THOMPSON PUMP & MANUFACTURING -
6" Thompson Pump w/ Canopy
1
$46,214.00
$46,214.00
(Model r6JSCEN- DJD9T- 45T -MC)
VOLVO CONSTRUCTION EQUIP -
Lightsource Light Tower (Model
1
$7,918.00
$7,918.00
L3C -AOHZ -T4F)
TI.OMPSON PUMP & MANUFACTURING -
6" Thompson Pump w/ Canopy
i
$46,214.00
l $4G,214.00
Hraward County
(Model :: eJSCE:N- DJDST -4 5T -MC )
Sheriff's Office
—
THOMPSON PWAP & MANUFACTURING -
6" Thompson Pump w/o Canopy
1
$29,933.00
$29,933.00
(Model $6J5CEN- DJDST - 45T -td)
PA.RATECH - Interstate /Motorway
VSK (Model 922- 796855)
1
{
f
$11,898.40
$11,898.40
VOLVO CONSTRUCTION EQUIP -
Lightsource Light Tower (Model
) 5
57,918.00
S39,590.00
9LSC -60HZ -T4F)
'
THOMPSON PUMP & KA- NUFACTURING -
Broward County
6" Thompson Pump w/ Canopy
1
$46,214.00
$46,214.00
Emergency Management
(Model 46JSCEN- DJDST - 45T -MC)
THOMPSON PUMP & MAIUFACTURING -
6" Thompson Pump w/o Canopy
1
$29,933.00
$29,933.00
(Model i6JSCEN- DJDST - 45T_ -M)
3
VOLVO CONSTRUCTION EQUIP -
j
Lightsource Light Tower (Model
5
$7,918.00
$39,590.00
(LSC- 60HZ-T4F)
City of Ft.
€
THOMPSON PUMP & MANUFACTURING -
Lauderdale
6" Thompson Pump w/ Canopy
1
$46,214.00
$46,214.00
s
(Model 96JSCEN- DJDST - 45T -MC)
P3$C t of 3
�y.
Retrpient Rgen ,„
? ... `..
em;Descrtp #�on'k
Palm Beach County
TH4IMPS #N PUM? & MANUFACTURING -
Sheriff's Office
i" Thompson FLmp w/ Canopy
1
$46,214.00
$46,214.01
(Model #6JSCEN- *J2ST- 45T -MC)
VOLVO CONSTRUCTION EQUIP -
Lightsource Light Tower (fIodel
3
$23,754.00
i
#LSC -60HZ -T4F)
THOMPSON PUMP & MANUFACTURING -
6" Thompson Pump w/ Canopy
$46,214.00
(Modell #6JSCEN- 0JDST- 45T -MC)
Palm Beach County
TFOMPSON PUMP & MANUFACTURING -
6" Thompson Pulp w/o Canopy
(Model 46JSCE'v- DJDST- 45T -t4)
PAR,TECH - Interstate /Motorway
VSK (Model #22- 796855)
I
511,84fl.4t)
$? 1,898.40
VOLVO CONSTRUCTION EQUIP -
Lightsource Light Tower (Model
6
37,9 18 .00
$47,508.00
#)LSC -60HZ -T4F)
i
rHOMPSON PUMP F. MINNUFACTURING -
6" Thompson Pump w/ Canopy
1
(Model #6JSCEN- DJDST -45T - SIC)
Citv of Miami
THOMPSON PUMP & MANUFP,CTU.RING -
6" Thompson Pturp w/o Canopy
l
$29,933.00
$29,933.00
(Model #6JSCEN- DJDST- 457
PARATECH - Interstate /Ptotarway
VSK (Model -22- 796855)
1
511,898.x0
5I 1, 898.4
i
VOLVO CONSTRUCTION EQUIP -
Monroe County
!Lightsource Eight Tower (Model
5
$7,91c.00
$339,590.00
(#LSC -60HZ -T 4F)
VOLVO CONSTRUCTION EQUIP -
Lightsource Light Tower (Model
ti
$7,91B.00
$39,590.00
LSC -60HZ -T4F)
Miami. -Dade County
THOMPSON PutMp & M.ASIUFACTURING -
i Fire Department
6" Thompson Pump w/o Canopy
1
(Model #6.:SCEN- DJDST - 45T -M)
VOLVO CONSTRUCTION EQUIP -
�Lightsource Light Towe: (Mode'
$ -8.00
$23,754.00
#LSC -60HZ -T4F)
THOMPSON PUr4P & MANUFACTURING -
Miami -Dade Police
6" Thompson Pump w/ Canopy
$48,214.00
Department
(Model =6JSCEN- DJDST - 45T -MCi
THOMPSON PUMP & MAN UFACTURING -
6" Thompson Pump w/o Canopy
1
$29,933.00
$23,933.00
(Model #6JSCEN- DJDST- 45T-M)
VOLVO CONSTRUCTION EQUIP -
Lightsource Light_ flower (Model
kLSC- 60HZ -T <EF}
Villa"_ nF W=1F
__.....
Recipient, Agency. ,� � �'�
P , ; ..��x �.� � Itern;Descrtp� ion ,
Biscayne THOMPSON PUMP & MANUFACTURING a
6" Thompson Pump w/ Canopy 1 $46,214.00 $46,214.00
(Model #6JSCEN- DJDST- 45T -MC?
5475, 730.•,0
Pagre 3 of 3