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06/11/2014 Diesel GeneratorsAMY REAVILIN, CPA CLERK Of CIRCUR COURT &COMPTROLLER MONROE COUNTY, FLORIDA DATE: June 25, 2014 TO: Jose Tezanos, Emergency Management Planner ATTN: Holly Pfiester FROM: Vitia Fernandez, D. At the April 16, 2014 Board of County Commissioner's meeting the Board granted approval and execution of Item C5 Memorandum of Agreement between the City of Miami and Monroe County for distribution of two (2) Diesel Generators with Tandem Trailer at no cost to the County and valued at $58,017.48 and $53,250.78 respectively with no county match required; and authorization for the County Administrator to execute any other required documentation related to modifications, amendments, extensions, or any other matter related to this UASI Memorandum of Agreement. Enclosed is duplicate original executed on behalf of Monroe County, for your handling. Should you have any questions, please feel free to contact me. cc: County Attorney (w /o documents) Finance (w /o documents) File 500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 - 295 -3130 Fax: 305- 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 -289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146 MEMORANDUM OF AGREEMENT FOR PARTICIPATING MIAMI UASI GRANT AGENCIES FO T�IB�U�TIO F IPMENT This Agreement is entered into this day of , 201_, by and between the City of Miami, a munici al corporation of the State of Florida, (the "Sponsoring Agency") an lM (&- t)Y , (the "Participating Agency"). REC ITALS 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 2010 to the City of Miami, accepted pursuant to Resolution No. 11 -0478, adopted November 17, 2011, 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 2010 Grant Program, the participating agencies will uphold the Memoranda of Agreements ( "Agreement') 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 City Commission, by Resolution No. A` �(D , adopted on 4 'a � ' � , has authorized the City Manager to enter into this Agreement with the City of Hialeah on behalf of the City of Miami; and NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follow: 6t_0713-a�O � 72, 1 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 but not limited to, 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. 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 ". 2 E. The Participating Agency shall ensure that equipment obtained from the UASI Grant Program is readily available for use by personnel trained to use such equipment for actual emergencies or exercises. Also, ensure that such equipment is readily available for onsite monitoring by DHS, DEM, and the Sponsoring Agency. If the Participating Agency is incapable of staffing the equipment, such equipment shall be made available to another Participating Agency for use during any actual emergencies or exercises. Failure to ensure equipment availability may result in loss of funding and /or equipment to the Participating Agency. F. All equipment obtained from the UASI Grant Program is the sole responsibility of the Participating Agency. This includes, where applicable, maintenance, replacement, training on equipment, and insuring of equipment and personnel, and compliance with intra- agency auditing requirements. III. CONDITIONS: DEFAULT REMEDIES TERMINATION A. This Agreement may be modified or amended only with the written agreement of each party. B. EVENT OF DEFAULT - If any of the responsibilities or obligations listed above in Section II are not met, provided, or responded to in a timely manner, the Sponsoring Agency has the option 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 cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Participating Agency is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail- return receipt requested; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; 3 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 misuse of funds, fraud, lack of compliance with Section II 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. 2 =r e MMG205 (IT4) Diesel Generator w/ 2 $58,017.48 $116,034.96 Tandem Trailer City of Hialeah Class A Mobile Trainer 2014(P- 1 $185,000.00 $185,000.00 294G) MMG205 (IT4) Diesel Generator w/ 1 $58,017.48 $58,017.48 Tandem Trailer Broward County MMG175 (IT4) Diesel Generator w/ 1 $53,250.78 $53,250.78 Tandem Trailer Broward County Class A Mobile Trainer 2014(P- 1 $185,000.00 $185,000.00 Sheriff's Office 294G) City of Ft. Lauderdale MMG205 Tandem (IT4) Diesel Trailer Generator w/ 2 $58,017.48 $116,034.96 MMG205 (IT4) Diesel Generator w/ 1 $58,017.48 $58,017.48 Tandem Trailer Palm Beach County MMG175 (IT4) Diesel Generator w/ 1 $53,250.78 $53,250.78 Tandem Trailer MMG205 (IT4) Diesel Generator w/ 1 $58,017.48 $58,017.48 Tandem Trailer Monroe County MMG175 (IT4) Diesel Generator w/ 1 $53,250.78 $53,250.78 Tandem Trailer MMG205 (IT4) Diesel Generator w/ 1 $58,017.48 $58,017.48 Tandem Trailer Miami -Dade County MMG175 (IT4) Diesel Generator w/ 1 $53,250.78 $53,250.78 Tandem Trailer MMG205 (IT4) Diesel Generator w/ 2 $58,017.48 $116,034.96 Tandem Trailer City of Miami Class A Mobile Trainer 2014(P- 1 $185,000.00 $185,000.00 294G) ,9824, bUb.44 ATTEST: 1-6 Todd Hannnon City Clerk APPROVED AS TO FORM AND CORRECTNESS: SPONSORING AGENCY THE CITY OF MIAMI, a municipal Corporation of the State of Florida APPROVED AS TOINSURANCE Ann - Depa id ShArve, Interim Director f gisk Management City Attorney PARTICIPATING AGENCY 1u C( k Title: tv APPROVED AS TO FORM AND c.� to CORRECTNESS: 0- (✓ OEJ O to �L ta- N o ui CD 2 Pa cipating Agency Attorney 'S- x( Lv If L Monroe County ps BY: a-- V NAME: Sylvia J. Murphy TITLE: Mayor 6 City of Miami Master Report Resolution R -14 -0066 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID #: 14 -00051 Enactment Date: 2/27/14 Version: 1 Controlling Office of the City Status: Passed Body: Clerk Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF AGREEMENTS ( "MOA'S "), IN SUBSTANTIALLY THE ATTACHED FORMS, BETWEEN THE PARTICIPATING AGENCIES OF BROWARD COUNTY, BROWARD COUNTY SHERIFF'S OFFICE, THE CITY OF FORT LAUDERDALE, THE CITY OF HIALEAH, MIAMI -DADE COUNTY, MONROE COUNTY, AND PALM BEACH COUNTY, FOR THE DISTRIBUTION OF EQUIPMENT IN ACCORDANCE WITH THE URBAN AREA SECURITY INITIATIVE ( "UASI ") GRANT'S POLICIES, FOR THE UASI GRANT FISCAL YEAR 2010, IN ACCORDANCE WITH THE UASI GRANT FISCAL YEAR 2010, ACCEPTED PURSUANT TO RESOLUTION NO. 11 -0478, ADOPTED NOVEMBER 17, 2011, WHICH SPECIFIED RESPONSIBILITIES, USE MAINTENANCE, INVENTORY, AND DISPOSAL RESPONSIBILITIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER RELATED MODIFICATIONS, AMENDMENTS, EXTENSIONS OR MOA'S, ON ALL UASI GRANT MATTERS, EXCEPT THOSE DEALING WITH FUNDING CHANGES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. Reference: Introduced: 1/21/14 Name: Execute MOA's - Distribution of Equipment Requester: Department of Cost: Final Action: 2/27/14 Fire- Rescue Notes: Sections: Indexes: Attachments: 14 -00051 Summary Form.pdf, 14 -00051 Executed FY'10 UASI Subgrant Agmt.pdf, 14 -00051 Legislation.pdf, 14 -00051 Exhibit.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result 1 Office of the City 2/8/14 Reviewed and Attorney Approved 1 City Commission 2/27/14 ADOPTED i City of Miami Page I Printed on 3/12/2014 A motion was made by Frank Carollo, seconded by Marc David Sarnoff, that this matter be ADOPTED. The motion carried by the following vote: Aye: 4 - Wifredo (Willy) Gort, Marc David Sarnoff, Frank Carollo and Keon Hardemon Absent: 1- Francis Suarez Office of the Mayor 3/7/14 Signed by the Mayor Office of the City Clerk 1 Office of the City Clerk 3n1l4 Signed and Attested by City Clerk City of Miami Page 2 Printed on 3/122014 City of Miami Legislation 11Clft tiFR _ Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14 -00051 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF AGREEMENTS ( "MONS "), IN SUBSTANTIALLY THE ATTACHED FORMS, BETWEEN THE PARTICIPATING AGENCIES OF BROWARD COUNTY, BROWARD COUNTY SHERIFF'S OFFICE, THE CITY OF FORT LAUDERDALE, THE CITY OF HIALEAH, MIAMI -DADE COUNTY, MONROE COUNTY, AND PALM BEACH COUNTY, FOR THE DISTRIBUTION OF EQUIPMENT IN ACCORDANCE WITH THE URBAN AREA SECURITY INITIATIVE ( "UASI ") GRANTS POLICIES, FOR THE UASI GRANT FISCAL YEAR 2010, IN ACCORDANCE WITH THE UASI GRANT FISCAL YEAR 2010, ACCEPTED PURSUANT TO RESOLUTION NO. 11 -0478, ADOPTED NOVEMBER 17, 2011, WHICH SPECIFIED RESPONSIBILITIES, USE MAINTENANCE, INVENTORY, AND DISPOSAL RESPONSIBILITIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER RELATED MODIFICATIONS, AMENDMENTS, EXTENSIONS OR MONS, ON ALL UASI GRANT MATTERS, EXCEPT THOSE DEALING WITH FUNDING CHANGES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. WHEREAS, the United States Department of Homeland Security, through the State of Florida Division of Emergency Management, has sub - granted the Urban Area Security Initiative ( "UASI ") Grant Program Fiscal Year ( "FY ") 2010 to the City of Miami ( "City "), accepted pursuant to Resolution No. 11 -0478, adopted November 17, 2011, to provide funds to address the unique equipment, training, planning, exercise and operational needs for large 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 FY 2010 Grant Program, the participating agencies of Broward County, Broward County Sheriff's Office, the City of Fort Lauderdale, the City of Hialeah, Miami -Dade County, Monroe County, and Palm Beach County (collectively "Participating Agencies "), will be added to this Resolution and will uphold the Memoranda of Agreements ('MOA's ") which identify the distribution of equipment by the City which specify maintenance and inventory responsibilities in accordance with the UASI grant's policies; and WHEREAS, additional language is stipulated to further authorize the City Manager to execute any other related modifications, amendments, extensions, or MOA's on all UASI grant matters except those dealing with funding changes; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Manager is authorized (1) to execute MOA's, in substantially the attached City of Alarm Page 1 of 2 File Id: 14-00051 (version: 1) Printed On: 112912014 File Number. 14 -00059 form, between the Participating Agencies, for the distribution of equipment in accordance with the UASI Grant's policies, for the UASI Grant FY 2010, accepted pursuant to Resolution No. 11 -0478, adopted November 17, 2011, which specified responsibilities, use maintenance, inventory, and disposal responsibilities. Section 3. The City Manager is further authorized {1} to execute any other related modifications, amendments, extensions or MOA's, on all UASI Grant matters, except those dealing with funding changes, in a form acceptable to the City Attorney. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} AP ROVED AS TO FOR AND CORRECTNESS: - --1 t VIVORI�MFNDEZ 6,� ;� ) CITY ATT RNEY Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miand Page 2 of 2 File Id: 14 -00051 (Version: I) Printed On: 112912014