FY2017 11/20/2018 Kevin Madok; CPA
':.® �,' Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: January 22, 2019
TO: Tamara Snider, CPM
Risk Manager/Grants Administrator
FROM: Pamela G. Hanco�4( .C.
SUBJECT: November 20, 2018 BOCC Meeting
Enclosed is a duplicate original of Item N1, Memorandum of Understanding between the
Monroe County Sheriff's Office and Monroe County Board of County Commissioners to apply
for reimbursement of funds from the Urban Area Security, Initiative Fiscal Year 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 $45,795.78 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, for your handling.
Should you have any questions, please feel free to contact me at(305) 292-3550. Thank
you.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 . Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145.
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this o9b��i day
of fOVelT L r , 2018, by and between the Monroe County Board of County
Commissioners, a political subdivision of the State of Florida, whose address is1100 Simonton
Street, Key West, Florida 33040, hereinafter referred to as "COUNTY," and The Monroe County
Sheriff's 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 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
($45,795.78) 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 COUNTY has determined that the public would be best served by
providing the SHERIFF's 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 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 4, 2018, through June 30,
2019, 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
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
and will maintain the items on the Sheriffs inventory.
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
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
entitled "Memorandum of Agreement for Participating Miami UASI Grant 2017 Agency" and all
Monroe County Sheriff's Office—MOU UASI FY 2017
Page 1 of 3
laws, rules and regulations relating thereto are incorporated by reference (Attachment A)and the
Monroe County Sheriff's Office shall comply with all of the terms and conditions outlined in
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
490 63rd 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
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 Sheriffs Office—MOU UASI FY 2017
Page 2 of 3
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.
4,,. ��� I� INESS WHEREOF, the parties to this Agreement have caused their names to be
•' afflxeo~hdreto I y the proper officers thereof for the purposes herein expressed at Monroe County,
if 'Floridaa.on t eeeiay and year first written above.
2 (S,EAL) WV BOARD OF COUNTY COMMISSIONERS
4--N ATTEST KE�rVIN ADOK, Clerk OF MO"OE NTY, FLORIDA
By. T-- By.
Deputy Clerk ayor/Chairm n
N E COU A N MONROE COUNTY SHERIFF'S OFFICE
A piVED F RM
t>eaillee
L/
A TANT U ATT RNEY By:
Date / /5 Sy�
- Title:
N '�
n �` MONROE COUNTY SHERIFF'S OFFICE
LIJ a : F AP OVE AS TO FORM:
ocsj P RICK J. McCULLAH
•
z., GENERAL OUNSEL
L., era CD
-; : = DATE: /l/I Vel
Monroe County Sheriffs Office—MOU UASI FY 2017
Page 3 of 3
ATTACHMENT"A"
MEMORANDUM OF AGREEMENT
URBAN AREA SECURITY INITIATIVE FY 2017
"Monroe County"
Agreement Number: 18-DS-X3-11-23-02-376
FAIN Number: EMW-2017-SS-00061
CFDA#: 97.067
This Agreement is entered into this 4th day of October ,2018, by and between the
City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency") and Monroe
County, (the"Participating Agency").
RECITALS
WHEREAS, the U.S. Department of Homeland Security(USDHS) is providing financial assistance
to the Miami urban area in the amount$4,921,000 dollars through the Urban Area Security Initiative(UASI)
Grant Program 2017; and
WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program
2017; and
WHEREAS, as the USDHS requires that the urban areas selected for funding take a regional
metropolitan area approach to the development and implementation of the UASI Grant Program 2017 and
involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and
WHEREAS, the 2017 Urban Area has been defined Miami and Ft. Lauderdale collectively and
anticipates sub-granting a portion of the UASI funds in accordance with the grant requirements; and
WHEREAS, the City Commission, by Resolution No. R-18-0049, adopted on February 8th, 2018,
has authorized the City Manager to enter into this Agreement with each participating agency on behalf of
the City of Miami; and
WHEREAS, the Sponsoring Agency wishes to work with the participating agencies through the
Urban Area Working Group process to enhance Miami and its surrounding jurisdictions ability to respond
to a terrorist threat or act.
•
•
NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follow: •
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1. PURPOSE
A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies
for activities under the UASI Grant Program 2017 which was made available by the U.S. Department
of Homeland Security and the State of Florida Division of Emergency Management(FDEM).
B. This Agreement serves as the Scope of Work between the Participating Agency and the Sponsoring •
Agency.
II. SCOPE
A. The provisions of this Agreement apply to UASI Grant Program 2017 activities to be performed at the
request of the federal government,provided at the option of the Sponsoring Agency,and in conjunction
with, preparation for, or in anticipation of, a major disaster or emergency related to terrorism and or
weapons of mass destruction.
B. No provision in this Agreement limits the activities of the Urban Area Working Group or its Sponsoring
Agency in performing local and state functions.
III.DEFINITIONS
A. Critical Infrastructure: Any system or asset that if attacked would result in catastrophic loss of life and/or
catastrophic economic loss management of resources (including systems for classifying types of
resources); qualifications and certification; and the collection, tracking, and reporting of incident
information and incident resources.
B. Core County: The County within which the core city is geographically located. The core city is the City
of Miami.
C. UASI Grant Program 2017: The UASI Grant Program 2017 reflects the intent of Congress and the
Administration to enhance and quantify the preparedness of the nation to combat terrorism and
continues to address the unique equipment,training, planning, and exercise needs of large high threat
urban areas, and program activities must involve coordination by the identified core city, core
county/counties, and the respective State Administrative Agency. Funding for the UASI Grant Program
2017 was appropriated by U.S. Congress and is authorized by Public Law 108-11, the Emergency
Wartime Supplemental Appropriations Act, 2003. The funding will provide assistance to build an
enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism
for the selected urban areas.
D. National Incident Management System (NIMS): This system will provide a consistent nationwide
approach for federal,state,and local governments to work effectively and efficiently together to prepare
for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. To
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provide for interoperability and compatibility among Federal, State, and local capabilities, the NIMS will
include a core set of concepts, principles, terminology, and technologies covering the incident
command system; multi-agency coordination systems; unified command and training.
E. Urban Area Working Group (UAWG): The State Administrating Agency Point of Contact (SAA POC)
must work through the Mayor/CEOs from all other jurisdictions within the defined urban area to identify
POCs from these jurisdictions to serve on the Urban Area Working Group. The Urban Area Working
. Group will be responsible for coordinating development and implementation of all program elements,
including the urban area assessment, strategy development, and any direct services that are delivered
by the grant.
F. Urban Area: An urban area is limited to inclusion of jurisdictions contiguous to the core city and
county/counties, or with which the core city or county/counties have established formal mutual aid
agreements.
IV. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the City of Miami Fire-Rescue Department,
authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency.
B. Coordinating with named counties and cities, with the respective State Administrative Agency, and with
the FDEM and USDHS.
C. Conducting a comprehensive Urban Area Assessment, which will in turn guide the development of an
Urban Area Homeland Security Strategy.
D. Ensuring the participation of the following critical players in the assessment and strategy development
process: law enforcement, emergency medical services, emergency management, the fire service,
hazardous materials, public works, governmental administrative, public safety communications,
healthcare and public health.
E. Developing a comprehensive Urban Area Homeland Security Strategy and submit to the SAA POC.
F. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit#1".
G. Ensuring satisfactory progress toward the goals or objectives stipulated in"Exhibit#1".
H. Following grant agreement requirements and/or special conditions as stipulated in"Exhibit#1".
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I. Submitting required reports.
V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the main liaison and partner with the City of
Miami Fire-Rescue Department, authorized to carry out the herein agreed upon responsibilities of the
Sponsoring Agency.
B. Participating Agencies and any sub-grantees must abide by the grant requirements including budget
authorizations, required accounting and reporting expenditures, proper use of funds, and tracking of
assets as stipulated in"Exhibit#1".
C. Submitting monthly budget detail worksheets to the City of Miami on the progress of direct purchases
of equipment or services as stipulated in"Exhibit#1".
D. Complying with all UASI Grant Program 2017 requirements as stipulated in"Exhibit#1".
E. Participating as a member of the Urban Area Working Group to include coordinating with and assisting
the City of Miami in conducting a comprehensive Urban Area Assessment, which in turn will guide
development of an Urban Area Homeland Security Strategy.
F. Ensuring the participation of the following critical players in the assessment and strategy development
process: law enforcement, emergency medical services, emergency management, the fire service,
hazardous materials, public works, governmental administrative, public safety communications,
healthcare and public health.
G. Assisting the sponsoring agency in development of a comprehensive Urban Area Homeland Security
Strategy.
H. Complying with the requirements or statutory objectives of federal law as stipulated in"Exhibit#1".
I. Ensuring satisfactory progress toward the goals or objectives as stipulated in "Exhibit#1".
J. Submitting required reports as prescribed by the Sponsoring Agency as stipulated in"Exhibit#1".
•
K. Maintaining an equipment inventory of UASI purchased items.
L. Ensure that equipment obtained from the UASI Grant Program 2017, as identified in "Exhibit#2", 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,
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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.
M. All equipment obtained from the UASI Grant Program 2017, as identified in "Exhibit 2", is the sole .
responsibility of the receiving agency. This includes, where applicable, maintenance, replacement,
training on equipment, and insuring of equipment and personnel, and compliance with intra-agency
auditing requirements.
VI.THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE:
A. That funding acquired and identified for the Urban Area Security Initiative will be administered solely
by the Sponsoring Agency.
B. The Participating Agencies will provide financial and performance reports to the sponsoring agency in
a timely fashion.The Sponsoring Agency will prepare consolidated reports for submission to the State
of Florida as stipulated in"Exhibit 1".
C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or
time related issues of the Participating Agency personnel.
D. The Sponsoring Agency and Participating Agency are subdivisions as defined in Section 768.28,
Florida Statutes, and each party agrees to be fully responsible for the respective acts and omissions of
its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver
of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein
shall be construed as consent by a municipality, state agency or subdivision of the State of Florida to
be sued by third parties in any manner arising out of this Agreement or any other contract.
E. This is a reimbursement grant that requires the Participating Agencies to purchase, receive, and pay
invoices in full for equipment, services, and allowable personnel costs PRIOR to submitting the same
for reimbursement to the Sponsoring Agency.
VII. FINANCIAL AGREEMENTS
A. Financial and Compliance Audit Report: Recipients that expend $300,000 or more of Federal funds
during their fiscal year are required to submit an organization-wide financial and compliance audit
report. The audit must be performed in accordance with the U.S. General Accounting Office
Government Auditing Standards and 2 CFR 200.
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B. The Secretary of Homeland Security and the Comptroller General of the United States shall have
access to any books, documents, and records of recipients of UASI Grant Program 2017 assistance
for audit and examination purposes, provided that, in the opinion of the Secretary of.Homeland Security
or the Comptroller General, these documents are related to the receipt or use of such assistance.The
grantee will also give the sponsoring agency or the Comptroller General, through any authorized
representative, access to and the right to examine all records, books, papers or documents related to •
the grant.
C. Financial Status Reports are due within 14 days after the end of each calendar quarter. A report must
be submitted for every quarter that the award is active, including partial calendar quarters, as well as
for periods where no grant activity occurs as stipulated in"Exhibit 1".
D. Submit progress reports to describe progress to date in implementing the grant and its impact on
homeland security in the state.
E. All financial commitments herein are made subject to the availability of funds and the continued mutual
agreements of the parties as identified in"Exhibit 2".
VIII.CONDITIONS,AMENDMENTS,AND TERMINATION
A. The Participating Agency will not illegally discriminate against any employee or applicant for
employment on the grounds of race, color, religion, sex, age, or national origin in fulfilling any and all
obligations under this Agreement.
B. Any provision of this Agreement later found to be in conflict with Federal law or regulation,or invalidated
by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law or
regulation. Any provision found inoperable is severable from this Agreement, and the remainder of the
Agreement shall remain in full force and effect.
C. This Agreement may be terminated by either party on thirty (30) days written notice to the other party
at the address furnished by the parties to one another to receive notices under this agreement or if no
address is specified, to the address of the parties'signatory executing this contract.
D. This Agreement shall be considered the full and complete agreement between the undersigned parties,
and shall supersede any prior Memorandum of Agreement among the parties, written or oral, except
for any executory obligations that have not been fulfilled.
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E. This Agreement will end on June 30, 2019, unless otherwise extended, by a written amendment duly
approved and executed prior to June 30, 2019, unless otherwise extended, at which time the parties
may agree to renew the association. Renewal will be based on evaluation of the Sponsoring Agency's
ability to conform to procedures,training and equipment standards as prescribed by the grant.
SPONSORING AGENCY
THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
ATTEST:
BY:
Todd B. Hannon —7/1Emilio onzalez, Ph.D.
City Clerk City Manager
f,.
APPROVED AS TO FORM AND APPROVED AS TQ,INSURI NCE
CORRECTNESS: REQUIREMENTS'
BY: BY:
Victoria Me dez Ann-Mari Sha e, Director
City Attorney Department of Ri k Management
{
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PARTICIPATING AGENCY
"Monroe County"
COr•r
1..
C%frt-.2e
IP
1 g-s 1_. IN MADOK, CLERK
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q........4.1,_, BY: ).-Nie:C--
4/11117
Name: Pamela Hancock
Deputy Clerk
NAME: David Rice
Title:
TITLE: Mayor
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FID#: 59-6000749
DUNS: 073876757
APPROVED AS TO FORM AND
CORRECTNESS:
er-eLLLtYJI
CyntYlia Hall, Assistant County Attorney
Participating Agency Attorney I
I
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