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Item C05BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 11 2014 Division: . .......... EmergpjLcy Services Bulk Item: Yes X No — Department: EmgKggqqyj4gnqgppjpqL_j Staff Contact Person/Phone # Jose Tezanos / 305-289-6325 AGENDA ITEM WORDING: Approval of a 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 $53,250.78 respectively with no county match required; and authorization for the County Administrator to execute any other required documentation related to modifications, amendments, extensions, or any other matter related to this UASI Memorandum of Agreement. ITEM BACKGROUND: The United States Department of Homeland Security ("USDHS"), through the State of Florida, Division of Emergency Management, has subgranted the Urban Area Security Initiative (UASI) Grant Program 2010 to the City of Miami, accepted pursuant to Resolution No. I I - 0478, adopted November 17, 2011, to provide funds to address the unique equipment, training, planning, exercise and operational needs for urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism. The Monroe County Public Works Department will have responsibility to maintain, inventory, and dispose of equipment in accordance with UASI grant's policy. This equipment will be positioned strategically throughout the County. PREVIOUS RELEVANT BOARD ACTION: The UASI FY05, FY06, HAM FY07, UASI FY08, UASI FY09, UASI FY 10, DAM FY 11, UASI FY 12, and UASI FY 13 were approved on the March 15, 2006, May 11, 2007, March 19, 2008, January 20, 2010, January 19, 2011, February 15, 2012, January 16, 2013, November 20, 2013, and March 19, 2014 BOCC meetings respectively. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approve City of Miami Memorandum of Agreement. TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes — No X DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY:-$ 0.00 . SOURCE OF FUNDS: UASI Grant REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year P APPROVED BY: County Arty X 411 urg-asing X Risk Management X. — � �0_ �v DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA IT # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY [Contract with: City of Miami Contract #R 14 0066 Effective Date: June 11, 2014 Expiration Date: N/A Contract Purpose/Description: can the City of Mi i and Monroe Count for distribution of tyro (2} Diesel Generators with Tandem Trailer at no cost to the Count d valued at 5�,017.4� d �53,250,7� res ectivel with. no county etch re uired9 and authorization for the Count Ad inistrator to execute y other re aired documentation --related to modifications, amendments, extensions, Memorandum of Agree Contract Manager: Jose Tezanos 6325 14 (Name) (Ext.) (Department/Stop fl for BOCC meeting on June 11, 2014 Agenda Deadline: May 27, 2014 CONTRACT COSTS Total Dollar Value of Contract: $ 111,268.26 Current Year Portion: $ 111,268.26 Budgeted? YesF] No Z Account Codes: GE- ------- Grant: $ 111,268.26 County Match: $ 0 ADDITIONAL COSTS Estimated Ongoing Costs- $-/yr For: (Not included in dollar value above) (eg. maintenance,.utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed -R , *ew Division Director r;�9 Yeso No 14", Risk Management YesO NoKj O.M.B./Purchasing 5"aa YesE] Nod County Attorney 61L.2- 11 3-0 lfyes[:] NoRo", =a Comments: Date Out -, , A � 1 il 7,2-//4 S-Izf I -zo 1 OMB Fonn Revised 2/27i 01 MCP #2 MEMORANDUM OF AGREEMENT M#KFARTICIFA-YING MIANI FO!%T�IBUT[OrF E( IPMENT 0C This Agreement is entered into this - day of 201_, by and between the City of Miami, a mu I ration of the State of Florida, (the "Sponsoring Agency") an NT�� i (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 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 UAS1201 0 Grant Program, the participating agencies will uphold the Memoranda of Agreements ("Agreement') which will now include the distribution of equipment as identified in "Attachment N', 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. 341M�, adopted on 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 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. Ill. 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 ("POU) who has functional authority, condition of equipment and any additional information as requested. CThe 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 GUS, 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. Ill. CONDITIONS: DEFAULT, REMEDIESQ 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 11 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 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; a. Require that the Participating Agency return all distributed equipment identified in uAttachment 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 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. 4 -Attachment k- -Regional -Distel buflon of -Equipment MR Me - Mp I M, N, 2 $58,017.48 $116,034.96 MMG205 (IT4) Diesel Generator w/ Tandem Trailer City of Hialeah Class A Mobile Trainer 2014(P- 1 $1851000.00 $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/ y $53,250.78 S53,250,78 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 (IN) Diesel Generator w/ 2 $58,017.48 $1-_6,034.96 Tandem Trailer MMG205 (IN) Diesel Generator w/ 1 $58,017,48 $58,017.48 Tandem Trailer Palm Beach County MMG175 (IT4) Diesel Generator w/ $53,250.78 $53,250.A 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 (IN) Diesel Generator w/ 1 $58,017.48 $58,017.48 Tandem Trailer Mianii-Dade County MMG175 (IT4) Diesel Generator w/ 1 $53,250.78 853,250.78 Tandem Trailer MMG205 (IT4) Diesel Generator w/ 2 $58, 017 . 43 $116,034-96 Tandem Trailer City of Miami Class A Mobile Trainer 2014(P- 1$385,000.00 $185,000.00 294G) $B24,606.44 Todd Hannon APPROVED AS TO FORM AND CORRECTNESS: victoriamelidez City Attorney SPONSORING AGENCY THE CITY OF MIAMI, a municipal Corporation of the State of Florida I ,C)o1ail" wll)Voo so,,, 0 Daniel J. Alu City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Ann-N/1ari Sh4rpe, Interim Director Depart Vof �isk Management PARTICIPATING AGENCY Monroe County 59 m NAME: Sylvia J. Murphy Title: TITLE- Mayor APPROVED AS TO FORM AND CORRECTNESS: oo PaNcipating Agency Attorney 5-- ;L(— "if City of Miami Master Report Resolution R-14-0066 File 1D : 14-00051 City Ball 3500 Pan American Drive Miami, FL 33133 www.miamigov,com Enactment Date; 7114 Version: I Controlling Office of the City Status: Passed Body: Cleric Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH A ACH NT(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 SHERIFFS 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 SOLUTION NO. I 1-0475, 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 HAM GRANT MATTERS, EXCEPT THOSE DEALING WITH FUNDING CHANGES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. ffinmenm Name: Execute MOA's - Distribution of Equipment Requester: Department of Fire -Rescue Notes: introduced: 1t21/14 Final Action: 2/27/14 Attachments: 14-00051 Summary Form,pdf, 14-0005I Executed FY'10 UASI Subgram Agmt,pdf,14-00051 Legislation.pdf, 14-00051 Exhibit,pdf Action History leer, Acting Body Date Action Sent To Due Date Returned Result I Office of the City Attorney I City Commission 2J8II4 Reviewed and Approved 2/27/14 ADOPTED City of miand Page I Printed on 3/12/2014 A motion was made by Frank Carollo, seconded by Marc David Samoff, that this matter be ADOPTED. The motion carried by the following vote: Aye: 4 - Wifredo (Willy) Gort, Marc David Sarnoff, Frank Carollo and Keen Hardemon Absent: I - Francis Suarez Offire of the Mayor 317114 Signed by the Mayor Office of the City Clerk Office of the City Clerk 3/7/14 Signed and Attested by City Clerk City of Miami Pact: 2 Printed an 3112/2014 :..�-_- ., m p I City Hail 3500 Pan American An, " Barg . ®� Legislation mDrive i, FL 33133 „ ,miamigov.com"9 File Numbaar. 14-0005I 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 Froward County, Sroward 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 MCA'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 hsiarral Page 1 A` 2 File 1& 14-00051(Version I) Printed On. I12912014 File Number 14-00051 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 MOAs, 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} D AS TO FOY AND CORRECTNESS: 1\ I r) V19TOR11MENDEZ 61 CITT RNEY {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. {21 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, 1) Printed 0tv 112912014