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Item K1 K.1 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting July 17, 2019 Agenda Item Number: K.1 Agenda Item Summary #5714 BULK ITEM: Yes DEPARTMENT: Sheriffs Office TIME APPROXIMATE: STAFF CONTACT: Tamara Snider(305) 292-7090 NA AGENDA ITEM WORDING: Approval of a Memorandum of Understanding (MOU) 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 (UASI) FY 2018 Grant/ Homeland Security Office of Domestic Preparedness with the City of Miami - Memorandum of Agreement Number 19-DS-04-11-23-02-319, by which the City of Miami sub-granted $91,285.00 of which $45,642.50 was to be given to Monroe County Sheriffs Office for the purchase of equipment approved by the granting agency as well as other items. ITEM BACKGROUND: This item is a companion item to a March 2019 agenda item. In the March 2019 (Emergency Management) agenda item, the County entered into a Memorandum of Agreement with the City of Miami for acceptance of funds through the FY 2018 Urban Area Security Initiative (UASI) grant program under Agreement Number 18-DS-04-11-23-02-319 for $91,285.00. This item now approves the Memorandum of Understanding (MOU), whereby the County will transfer 50% of the funds ($45,642.50) obtained from the UASI grant program to the Sheriffs Office for the purchase of equipment approved by the granting agency, as well as other items, and makes the Sheriff s Office contractually responsible for compliance with all the terms and conditions of the MOA with the City of Miami. The transaction will be reported on FY19/20 for both the Sheriff and the BOCC. PREVIOUS RELEVANT BOCC ACTION: The BOCC entered into a Memorandum of Agreement through the Urban Area Security Initiative (UASI) Grant Program for FY 2018. The agreement was between the City of Miami and Monroe County. The BOCC met on March 21, 2019 and approved the grant document. CONTRACT/AGREEMENT CHANGES: Purchase Law Enforcement Equipment - Grant Funding STAFF RECOMMENDATION: Approval DOCUMENTATION: Packet Pg. 2471 K.1 MEMORANDUM OF UNDERSTANDING -UASI 2018 ($91K) 2018 Fully Executed UASI Agreement City of Miami 2018 UASI Executed Agreement Between the County and the City of Miami FINANCIAL IMPACT: Effective Date: 05/01/2019 Expiration Date: 06/30/3030 Total Dollar Value of Contract: $45,642.50 Total Cost to County: $0.00 Current Year Portion: Budgeted: Yes Source of Funds: FY 2018 UASI CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: $45,642.50 County Match: $0.00 Insurance Required: No Additional Details: 07/17/19 NEW COST CENTER ADDED $45,642.50 2018 UASI Grant REVIEWED BY: Pedro Mercado Completed 06/21/2019 11:49 AM Budget and Finance Completed 06/21/2019 12:15 PM Maria Slavik Completed 06/21/2019 1:11 PM Kathy Peters Completed 06/24/2019 4:11 PM Board of County Commissioners Pending 07/17/2019 9:00 AM Packet Pg. 2472 K.1.a MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day of , 20197 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 co has awarded a grant to the State of Florida Division of Emergency Management through the FY 2018 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 co WHEREAS, the COUNTY entered into a Memorandum of Agreement with the City of co Miami, Agreement Number 19-DS-04-11-23-02-319, by which the City of Miami sub-granted the sum of ninety-one thousand two hundred eighty-five dollars and zero cents ($91,285.00), of which forty-five thousand six hundred and forty-two dollars and fifty cents ($45,642.50) 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 °5 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 six hundred and forty-two dollars and fifty cents ($45,642.50) in funding to purchase law enforcement, as well as other equipment (i.e.; interoperable communications equipment, etc.) approved by the granting agency co in accordance with the COUNTY'S agreement with the City of Miami, cm 55 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 May 1, 2019, through June 30, 2020, the date of the signature by the parties notwithstanding, unless earlier terminated as provided co 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 Sheriff's 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 $45,642.50. The total sum represents one-half of the federal grant support in the amount of$91,285.00 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 2018 Agency" and all Monroe County Sheriff's Office—MOU UASI FY 2018 Page 1 of 3 Packet Pg. 2473 K.1.a 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 U) reimbursement. Upon receipt of appropriate documents the COUNTY shall reimburse the SHERIFF for the said expenditures. co 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 0 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 55 funds as the COUNTY directs. co 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 co Director cm 55 Monroe County Emergency Management 490 631d St., Suite 150 Marathon, FL 33040 Either of the parties may change, by written notice as provided above, the addresses or persons co 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 Sheriff's Office—MOU UASI FY 2018 Page 2 of 3 Packet Pg. 2474 K.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. U) ° 12. ENTIRE AGREEMENT co (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 0 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. co (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. co 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: co Deputy Clerk Mayor/Chairman cm 55 MONROE COUNTY SHERIFF'S OFFICE By: co Title: Monroe County Sheriff's Office—MOU UASI FY 2018 Page 3 of 3 Packet Pg. 2475 MEMORANDUM OF AGREEMENT URBAN AREA SECURITY INITIATIVE FY 2018 .2 "Monroe Cogat-yL' 4-- 0 Agreement Number 19-DS4f 11-23-02-3/1 FAIN Number: EMW-2018-SS-00064 CO CFDA#:97.067 0 0 E This Agreement is entered into this 7 day of May 2019, by and between the co City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency") and Monroe County, (the"Participating Agency"). co RECITALS E WHEREAS, the U.S. Department of Homeland Security (USDHS) is providing financial 20 assistance to the Miami urban area in the amount $5,700,000 dollars through the Urban Area Security 4- 0 Initiative (UASI)Grant Program 2018; and WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program 2018; and 0 WHEREAS, as the LISDHS requires that the urban areas selected for funding take a regional 0 :3 0 metropolitan area approach to the development and implementation of the UASI Grant Program 2018 and involve core cities,core counties,contiguous jurisdictions, mutual aid partners, and State agencies;and 0 WHEREAS, the 2018 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 0 0 WHEREAS, the City Commission, by Resolution No. _B,-�9-QQR5L, adopted on Januayr 10, 0 E 0 2019, has authorized the City Manager to enter into this Agreement with each participating agency on 0 behalf of the City of Miami;and WHEREAS, the Sponsoring Agency wishes to work with the participating agencies through the x Urban Area Working Group process to enhance Miami and its surrounding jurisdictions ability to respond W to a terrorist threat or act. 55 co NOW THEREFORE, in consideration of the foregoing,the parties hereto agree as follow: cm .;j 0 0 E Packet Pg. 2476 ` L PURPOSE A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies for activities under the UASI Grant Program 2018 which was made available by the U.S. Department -2 of Homeland Smourhy and the State of Florida Division ofEmergency KAanagement(FDEK8). -~ B. This Agreement annxeo as the Scope of Work between the Participating Agency Sponsoring wm - . Agency. | U.SCOPE � A. The �������m�t��ytoUAS| ��� �mo�m0�8��V��� bmo�mnnedm4�� ' ~ ' w* / request of the federal government, provided at the option of the Sponsoring Agoncy, and inco � conjunction with, preparation for, or in anticipation of, a major disaster or emergency related to � terrorism and o/weapons of mass destruction. B. No provision inthis Agreement limits the activities of the Urban Area Working Group orits Sponsoring Agency|mparf �'�nning |oc�| �n�atafundimna. - � Ill.DEFINITIONS A. [:hdms| Infrastructure: Any system or asset that if attacked would result in catastrophic |nmo of life � and/or catastrophic economic loss management of resources (including systems for classifying types of resources); qualifications and oed|f|uet|on| and the coUection, tracking, and reporting of incident 0 � information and incident resources. � � B. Core County: The County within which the core city is geographically located. The core city is the City ufMiami. � _ C. VAS| Grant Program 2018: The UAS| Grant Program 2018 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, organization and exercise needs of large high threat urban areas, and program activities must involve coordination by the identified core dty, oun* county/counties, and the respective State Admin|o\��iv� Ao�noy. Funding for �A�| X � ' - mm Grant Program 2018wos appropriated byU.S' Congress and is authorized by Public Law 108-11. 55 the Emergency Wartime Supplemental Appropriations Act, 2003. The funding will provide oonia%anoo :3 | '0 to build an enhanced and sustainable capacity to plan, prevent, protect, mitigate, respond to. and rw reooverfrmm threats oracts of terrorism fVrthe selected urban areas. D. National Incident (N|K8�\' This ���am will provide / . ` '. ! approach for federal, state, and local governments to work effectively and efficiently together to +^ prepare for, respond to, and recover from domestic inoidenta, regardless of caume, size, or | 2 ` complexity, To provide for hntemperabilityand compatibility among Federal, State, and local capabilities, the N|MS will include acore set of concepts, principles, terminology, and technologies / covering the incident command system; multi-agency coordination systems; unified command and � training. ~~ E. Urban Area Working Gnmup /U/VWG\: The State Administrating Agency Point mf Contact /SAAPOCA -I � must work through the Mayor/CEOs from all other jurisdictions within the defined urban area in identify POOmfnnrn these jurisdictions to serve onthe Urban Area Working Group. The Urban Area i Working Group will be responsible for coordinating development and implementation o/ all program z� elements, including the urban area assessment, strategy development, and any direct aandceo that co are delivered by the grant. :3 00 � F. Urban Area: An urban area is ||mkmd to inclusion of jurisdictions contiguous tm the core city and ~~ omuntv/oourt|my' or with which the core city orcounty/counties have established formal mutual aid20 agreements. — 4- 0 � 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. 0 B. Coordinating with named counties and cbiee, with the respective State Administrative Agency, and � with the FDEM and USDNS. O. Conducting a comprehensive Urban Area Assessment, which will in turn guide the development of an Urban Area Stakeholder Preparedness Review. 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 nncdehaha, public works, governmental adm|n|e8stive, public safety oornmunimt|ons. healthcare and public health. X 55 � E. Developing m comprehensive Urban Area Stakeholder Preparedness Review and submit tuthe SAA = POC. � cm F. Complying with the requirements o,statutory objectives offederal law as stipulated 1n"Exhibit#1" G. Ensuring satisfactory progress toward the goals o,objectives stipulated in °Exhibit#1". �� H. Following grant agreement requirements and/or special conditions as stipulated in "Exhibit#1". |. Submitting required reports. V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR: � C0 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 anyaub'gnantees must abide by the grant requirements including budged `w � muthorizationa, required accounting and reporting expenditures, proper use of funds, and tracking of co � assets am stipulated in"Exhibit#1" C. Submitting quarterly reports to the City of Miami detailing the progress of projects to include direct20 purchases of equipment mr services aa stipulated in"Exhibit#1" ~- . � � D. Complying with all UASI Grant Program 2018 requirements as stipulated in"Exhibit#1". � � E. Participating as m member of the Urban Area Working Group to include coordinating with and � � assisting the City of Miami in conducting acomprghensive Urban Area Assessment, which in turn will guide development ofan Urban Area Stakeholder Preparedness Review. � � F. Ensuring the participation of the following urKioe| players in the assessment and Stakeholder °~ Preparedness Review development process: |mm enforcement emergency medical owm|cem, emergency management, the fire nenvine, hazardous mutehals, public works, governmental � admin|otnd|ve, public safety communications, healthcare and public health. G. Assisting the sponsoring agency in development of a comprehensive Urban Area assessment and Stakeholder Preparedness Review. -~ H. Comp|yingwiththorequinernontmorotatutoryobiecivesoffedeno/|awmmetipu|sded |n^'Exhibit#1". � W 55 |. Ensuring satisfactory progress toward the goals or objectives aa stipulated in"Exhibit#1". ~` co � J. Submitting required reports as prescribed by the Sponsoring Agency as ut|pu|edod in"Exhibit#1"' rw K. Maintaining on equipment inventory nf UAS| purchased henna. 4 | L. Ensure that equipment obtained from the UAS( Grant Program 2018, 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 avaUeb|efor onoke monitoring by 0HS, 8E , B-- and the Sponsoring Agency. |f the Participating Agency |s incapable of staffing the equipment, such ~~ equipment aho|} be made available to another Participating Agency for use during any actual emergencies or exercises. Failure to ensure equipment availability may result in |Vas of funding ^co � . � and/or equipment to the Participating Agency. � � M. All equipment obtained from the UAS| Grant Program 2018. as identified in "Exhibit 2"' is the sole � z� responsibility of the receiving agency. This inr|udao, where applicable, maintenance, replacement, training on equipment and insuring nf equipment and personnel, and compliance with imtnu-agency co � � | auditing requirements. co � VI.THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE: TO A. That funding acquired and identified for the Urban Area Security Initiative will be administered solely 4- 0 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 h» the extent permitted by law. Nothing herein is intended to serve amm waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by municipality, otsda agency ursubdivision o/ the State of / ) Florida 1obe sued bv third parties )n any manner arising out ofthis Agreement or any other contract. 55 . 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 co for reimbursement tm the Sponsoring Agency. CM VQ' FINANCIAL AGREEMENTS A. Financial and Compliance Audit Report: Recipients that expend $800.000 or more of Federal funds ~~ during their fiscal year are required to submit an organization-wide financial and oornAUonma audit 5 report. The audit must be performed inaccordance with the KS. General Accounting Office Government Auditing Standards and 2OFR 200. B. The Secretary of Homeland Security and the Comptroller General of the United States shall have - access to any books, donumenta, and records of recipients of UAB| Grant Program 2018 aouiabanoa for audit and examination purposes, provided that, in the opinion of the Secretary of Homeland ^co � Security or the Comptroller Gmnera|, these documents are related to the receipt or use of such ' assistance. The grantee will also give the sponsoring agency orthe Comptroller General, through any authorized representative, access to and the right to examine all raoords, 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 -~ co be submitted for every quarter that the award is active, including partial calendar quarters, as well as for periods where nm grant activity occurs em stipulated |n "Exhibit 1". ' 20 D. Submit progress reports to describe progress to date in implementing the grant and its impact on �0 homeland security|n the state. � E. All financial commitments herein are made subject tothe availability offunds and the continued — � mutual agreements cf the parties eo identified in"Exhibit 2". � V|U. CONDITIONS,AMENDMENTS,AND TERMINATION � � A. The Participating Agency will not U|uga||y disohrninu1m against any employee or applicant for employment on the grounds of race, color, reUQ|on, eax, age, or national origin |n fulfilling any and all obligations under this Agreement. � B. Any provision of this Agreement later found to be in conflict with Federal |m* or regulation, or invalidated by a court of competent jurisdiction, shall be considered inoperable and/or superseded by � � that |avv or regulation. Any provision found inoperable is severable from this Agreement, and the remainder m/the Agreement shall remain in full force and effect. 55 C. This Agreement may be terminated by either party on thirty(3D) �ny� vx,��nnoticeto�heoiherp�My ` . at the address furnished by the parties to one another to receive notices under this agreement or if no co address is specified,to the address of the parties'signatory executing this contract. rw D. This Agreement shall be considered the full and complete agreement bmivvaen the undersigned parties, and shall supersede any prior Memorandum mf Agreement among the parties, written ororal, ' except for any executory obligations that have not been fulfilled. 6 E. This Agreement will end on June 30,2020, unless otherwise extended,by a written amendment duly .2 4-- approved and executed prior to June 30, 2020, unless otherwise extended, at which time the parties 0 U) 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 co grant. E SPONSORING AGENCY THE CITY OF MIAMI,a municipal Corporation of the State of Florida co ATTEST: 20 4- 0 BY: Todd B. Hannon Q1 Emilio onzalez, Ph.D. City Clerk City anager 0 E APPROVED AS TO FORM AND APPROVED AS TO INSUPXNPE' CORRECTNESS: REQUIREMENTS- X W C0 C14 BY. E oria )dez Ann-Marie �harpe, Director C Cft ne y ItA% Department of Risk Management 7 Packet Pg. 2482 K.1.c I U t PARTICIPATIN43 AGENCY *Mormas CotrW f E r AT�'ES'C:.:t , cia Co pk Ty slam$: NAME; Sylvia Mumhl .......... Tide: c� TITLE: _ �Mgnr ?� u.!��N E COUP' Yt', tf Y FID 59-6000749 ED PEWO ACADO ASSISTA 5 DUNS: 073876757 3 �5 x 55 APPROVED AS TO FORM AND CORRECTNESS: 00 Participating Agency Attorney 8 Packet Pg. 2483