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Item N1 N.1 BOARD OF COUNTY COMMISSIONERS C ounty of M onroe Mayor David Rice, District 4 Mayor Pro Tem Sylvia J. Murphy, District 5 TheFloridaKeys Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting November 20, 2018 Agenda Item Number: N.1 Agenda Item Summary #4883 BULK ITEM: Yes DEPARTMENT: Sheriff's Office TIME APPROXIMATE: STAFF CONTACT: Tamara Snider (305) 292-7090 N/A AGENDA ITEM WORDING: Approval of a Memorandum of Understanding (MOU) between the of County Commissioners to apply for reimbursement of funds from the Urban Area Security Initiative (UASI) FY 2017 Grant / Homeland Security Office of Domestic Preparedness with the City of Miami - Memorandum of Agreement Number 18-DS-X3-11-23-02-376, by which the City of Miami sub-granted $91,591.56, of which approved by the granting agency as well as other items. ITEM BACKGROUND: This item is a companion item to an April 2018 agenda item. In the April 2018 (Emergency Management) agenda item, the County entered into a Memorandum of Agreement with the City of Miami for acceptance of funds through the FY 2017 Urban Area Security Initiative (UASI) grant program under Agreement Number 18-DS-X3-11-23-02-376 for $91,591.56. This item now approves the Memorandum of Understanding (MOU), whereby the County will transfer 50% of the funds ($45,795.78) for the purchase of equipment approved by the granting agency, as well as other items contractually responsible for compliance with all the terms and conditions of the MOA with the City of Miami. The transaction will be reported on FY18/19 for both the Sheriff and the BOCC. PREVIOUS RELEVANT BOCC ACTION: Back on October 4, 2018, the BOCC entered into a Memorandum of Agreement through the Urban Area Security Initiative (UASI) Grant Program for FY 2017. The agreement was between the City of Miami and Monroe County. The BOCC met on April 19, 2018 and approved the grant document. CONTRACT/AGREEMENT CHANGES: Purchase Law Enforcement Equipment - Grant Funding STAFF RECOMMENDATION: DOCUMENTATION: Packet Pg. 1540 N.1 MEMORANDUM OF UNDERSTANDING - UASI 2017 ($95K) UASI 2017 Agreeement between City of Miami and Monroe County BOCC Agenda Approval FINANCIAL IMPACT: Effective Date: 10/4/2018 Expiration Date: 6/30/2019 Total Dollar Value of Contract: $45,795.78 Total Cost to County: 0.00 Current Year Portion: Budgeted: Yes Source of Funds: FY 2017 UASI CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: $45,795.78 County Match: 0.00 Insurance Required: No Additional Details: 10/04/18 NEW COST CENTER ADDED $45,795.78 2017 UASI Grant REVIEWED BY: Pedro Mercado Completed 10/23/2018 4:36 PM Budget and Finance Completed 10/25/2018 8:37 AM Maria Slavik Completed 10/29/2018 10:44 AM Kathy Peters Completed 10/29/2018 11:04 AM Board of County Commissioners Pending 11/20/2018 9:00 AM Packet Pg. 1541 N.1.a MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is made and entered into this _______ day of ____________________, 2018, by and between the Monroe County Board of County Commissioners, a political subdivision of the State of Florida, whose address is1100 Simonton WITNESSETH WHEREAS, the U.S. Department of Homeland Security Office for Domestic Preparedness has awarded a grant to the State of Florida Division of Emergency Management through the FY 2017 Urban Area Security Initiative (UASI), and WHEREAS, the State of Florida Division of Emergency Management has awarded a subgrant of these funds to the City of Miami through a federally-funded subgrant agreement, and WHEREAS, the COUNTY entered into a Memorandum of Agreement with the City of Miami, Agreement Number 18-DS-X3-11-23-02-376, by which the City of Miami sub-granted the sum of ninety-one thousand five hundred ninety-one dollars and fifty-six cents ($91,591.56), of which forty-five thousand seven hundred and ninety-five dollars and seventy-eight cents ($45,795.78equipment approved by the granting agency as well as other items, and WHEREAS, the COUNTY has determined that the public would be best served by providing office their portion of the forty-five thousand seven hundred and ninety- five dollars and seventy-eight cents ($45,795.78) in funding to purchase law enforcement, as well as other equipment (i.e.; interoperable communications equipment, etc.) approved by the granting agency 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 4, 2018, through June 30, 2019, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - Memorandum of 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 4. FUNDS - The total project budget to be expended by the SHERIFF in performance of the services set forth in this agreement shall be the total sum of $45,795.78. The total sum represents one-half of the federal grant support in the amount of $91,591.56 and matching funds Attachment: MEMORANDUM OF UNDERSTANDING - UASI 2017 ($95K) (2017 UASI Agreement - Sheriff's Office) in the amount of $0.00. All funds shall be expended in accordance with the grant agreement. 5. INCORPORATION BY REFERENCE - The provisions of those certain documents Grant 2017 Agency Monroe County MOU UASI FY 2017 Page 1 of 3 Packet Pg. 1542 N.1.a laws, rules and regulations relating thereto are incorporated by reference (Attachment A) and the Attachment A, including but not limited to compliance with 2 CFR section 200 of the Code of Federal Regulations. 6. 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. 8. 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 FOR PROVIDER Monroe County Administrator Monroe County Sheriff Richard A. Ramsay 1100 Simonton Street 5525 College Road Key West, FL 33040 Key West, FL 33040 And Director Monroe County Emergency Management rd 490 63 St., Suite 150 Marathon, 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 Attachment: MEMORANDUM OF UNDERSTANDING - UASI 2017 ($95K) (2017 UASI Agreement - Sheriff's Office) effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State 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, Monroe County MOU UASI FY 2017 Page 2 of 3 Packet Pg. 1543 N.1.a 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: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By:_______________________________ By:________________________________ Deputy Clerk Mayor/Chairman By:___________________________ Title:__________________________ Attachment: MEMORANDUM OF UNDERSTANDING - UASI 2017 ($95K) (2017 UASI Agreement - Sheriff's Office) Monroe County MOU UASI FY 2017 Page 3 of 3 Packet Pg. 1544 N.1.b Attachment: UASI 2017 Agreeement between City of Miami and Monroe County (2017 UASI Agreement - Sheriff's Office) Packet Pg. 1545 N.1.b Attachment: UASI 2017 Agreeement between City of Miami and Monroe County (2017 UASI Agreement - Sheriff's Office) Packet Pg. 1546 N.1.b Attachment: UASI 2017 Agreeement between City of Miami and Monroe County (2017 UASI Agreement - Sheriff's Office) Packet Pg. 1547 N.1.b Attachment: UASI 2017 Agreeement between City of Miami and Monroe County (2017 UASI Agreement - Sheriff's Office) Packet Pg. 1548 N.1.b Attachment: UASI 2017 Agreeement between City of Miami and Monroe County (2017 UASI Agreement - Sheriff's Office) Packet Pg. 1549 N.1.b Attachment: UASI 2017 Agreeement between City of Miami and Monroe County (2017 UASI Agreement - Sheriff's Office) Packet Pg. 1550 N.1.b Attachment: UASI 2017 Agreeement between City of Miami and Monroe County (2017 UASI Agreement - Sheriff's Office) Packet Pg. 1551 N.1.b Attachment: UASI 2017 Agreeement between City of Miami and Monroe County (2017 UASI Agreement - Sheriff's Office) Packet Pg. 1552 N.1.c Attachment: BOCC Agenda Approval (2017 UASI Agreement - Sheriff's Office) Packet Pg. 1553 N.1.c Attachment: BOCC Agenda Approval (2017 UASI Agreement - Sheriff's Office) Packet Pg. 1554 N.1.c Attachment: BOCC Agenda Approval (2017 UASI Agreement - Sheriff's Office) Packet Pg. 1555 N.1.c Attachment: BOCC Agenda Approval (2017 UASI Agreement - Sheriff's Office) Packet Pg. 1556 N.1.c Attachment: BOCC Agenda Approval (2017 UASI Agreement - Sheriff's Office) Packet Pg. 1557