Memorandum of Agreement - Distribution of Equipment draft MEMORANDUM OF AGREEMENT
FOR PARTICIPATING MIAMI UASI GRANT AGENCIES
FOR DISTRIBUTION OF EQUIPMENT
"City of Miami Beach"
This Memorandum of Agreement (the "Agreement") is entered into this
day of , 2013, by and between the City of Miami, a municipal
corporation of the State of Florida, (the "Sponsoring Agency") and the City of Miami
Beach, (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 2008 to the City of Miami,
accepted pursuant to Resolution No. 09-0413, adopted September 10, 2009, as well as
the UASI Grant Program 2009, accepted pursuant to Resolution No. 10-0290, adopted
July 81 2010, 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 2008 and 2009 Grant Program, the
participating agencies of the City of Hialeah, City. of Miami Gardens, City of Miami
Beach,. City of Miramar, Broward County Sheriff's Office, Broward County Emergency
Management Agency, City of Ft. Lauderdale, Palm Beach County Sheriff's Office, Palm
Beach County Board of County Commissioners, Monroe County, Miami-Dade County,
Village of Key Biscayne, added to these Resolutions will comply with and uphold the
Memoranda of Agreements ("Agreement"), deemed as being incorporated by reference
herein ; 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 Miami City Commission, by Resolution No.
adopted on `9 o i ��i , has authorized the City Manager to enter into this
Agreement with the Broward County Sheriff's Office on behalf of the City of Miami; and
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NOW THEREFORE, in consideration of the foregoing, the parties hereto agree
as follow:
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, as well as other South Florida local and state first responder
agencies who execute the required Agreement(s) , 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 (TOC") 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.
Page 2 of 6
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".
111. CONDITIONS: DEFAULT, REMEDIES, TERMINATION
A. This Agreement may be modified or amended only by the written
agreement of the Sponsoring and the Participating Agency, respectively, Any
amendment to this Agreement shall employ the same formalities as were
used for the execution of this Agreement.
B. EVENT OF DEFAULT - If the Participating Agency fails to comply with any
of the responsibilities or obligations listed above in this Agreement , or if the
responsibilities of the Participating Agency are not met, provided, or
responded to in a timely manner or of the Participating Agency fails to comply
with any applicable law, rule or regulation that provides for the proper
expenditures of UASI funds or use of equipment , the Sponsoring Agency
has the option, in its discretion, 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 fully cure the Event (s) of Default
within those thirty days as determined by and subject to the reasonable
exercise of judgment of the Sponsoring Agency who at its option, may
exercise any one or more of the following remedies, either singularly ,
concurrent) consecutively:
y or
a. Terminate this Agreement, provided that the Participating Agency
is given at least thirty days(30) prior written notice of the termination.
The notice of termination shall be effective when placed in the United
States, first class mail, postage prepaid, by registered or certified mail-
return receipt requested and this Agreement will be automatically
terminated as of the expiration of the thirty(30) day period without the
necessity of further action ;
Page 3 of 6
b. Institute appropriate civil action(s) to enforce performance of this
Agreement , to recover moneys distributed under this Agreement
among other civil remedies available under Florida law ;
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
Q. TERMINATION -- The Sponsoring Agency may terminate the Agreement for
cause after thirty days written notice. Cause can include, without limitation,
misuse of funds, inability to demonstrate appropriate use of funds or
equipment , 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.
E. FUNDING CONTINGENCY-
Funding for this Agreement is contingent on the availability of funds and
continued authorization for program activities and the Agreement is subject to
amendment or termination due to lack of funds, reduction of funds and/or
change in laws, regulations, or program requirements upon thirty (30) days
written notice.
F. COUNTERPARTS-
This Agreement may be executed in three or more counterparts, each of which
shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
Page 4 of 6
G. ENTIRE AGREEMENT:
This Agreement and its attachments constitute the sole and only agreement of
the parties relating to the subject matter hereof and correctly set forth the rights,
duties, and obligations of each to the other as of its date. Any prior agreements,
promises, negotiations, or representations not expressly set forth in this
Agreement are of no force or effect.
SPONSORING AGENCY
THE CITY OF MIAMI, a municipal
ATTEST: Corporation of the State of Florida
BY: _ BY: _
Todd Hannon Johnny Martinez P.E.
City Clerk City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
BY: BY:
Julie 0. Bru Calvin Ellis, Director
City Attorney Department of Risk Management
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PARTICIPATING AGENCY
"City of Miami Beach"
ATTEST:
BY:
Na e.
- l NAME: (►� y C_, tMo�'— �5
Tifle:
V
RR oRA►�� TITLE: �C �'t N A GtL;t2
J Authorized Officer
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APPROVED AS TO FORM AND
CORRECTNESS:
Pfticip"a in Age crn
APPROVED AS TO
FORM& LANGUAGE
&FOR EXECUTION
i tDate
Page 6 of 6
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VOLVO CONSTRUCTION EQUIP -
Lightsource Light Tower (Model 2 $7,918.00 $15,836.00
#LSC-60HZ-T4F)
City of Hialeah
THOM29ON PUMP & MANUFACTURING -
6" Thompson Pump w/ Canopy 1 $46,214.00 $46,214.00
(Model #6JSCEN-DJDST-45T-MC)
VOLVO CONSTRUCT=ON EQUIP City of Miami Gardens Lightsource Light Tower (Model 1 $7,918.00 $7,918.00
#LSC-60HZ-T4F)
VOLVO CONSTRUCTION EQUIP -
City of Miami Beach Lightsource Light Tower (Model 1 $7,918.00 $7,918.00
#LSC-60HZ-T4F)
VOLVO CONSTRUCTION EQUIP -
Lightsource Light Tower (Model 1 $7,918.00 $7,918.00
#LSC-60HZ-T4F)
City of Miramar
THOMPSON PUMP & MANNUFACTURING -
6" Thompson Pump w/ Canopy 1 $46,214.00 $46,214.00
(Model #6JSCEN-DJDST-45T-MC)
VOLVO CONSTRUCTION EQUIP -
Lightsource Light Tower (Model 1 $7,918.00 $7,918.00
#LSC-60uZ-T4F)
THOMPSON PUMP & MANUFACTURING -
6" Thompson Pump w/ Canopy 1 $46,214.00 $46,214.00
Broward County (Model #6JSCEN-DJDST-45T-MC)
Sheriff's Office
THOMPSON PUti1P & KANUFACTURING -
6" Thompson Pump w/o Canopy 1 $29,933.00 $29,933.00
(Model #6JSCEN-DJDST-45T-M)
PA.RATECH - Interstate/Motorway 1 $11,898.40 $11,898.40
VSK (Model #22-796855) '
LON
VOLVO CONSTRUCTION EQUIP -
Lightsource Light Tower (Model 5 $7,918.00 $39,590.00
#LSC-60HZ-T4F)
THOMPSON PUMP & MANUFACTURING -
Browar d County 6" Thompson Pump w/ Canopy 1 $46,214.00 $46,214.00
Emergency Management (Model #6JSCEN-DJDST-45T-MC)
THOMPSON PUMP & MANUFACTURING -
6" Thompson Pump w/o Canopy 1 $29,933.00 $29,933.00
(Model #6JSCEN-DJDST-45T-M)
VOLVO CONSTRUCTION EQUIP -
Lightsource Light Tower (Model 5 $7,918.00 $39,590.00
#LSC-60_-iZ-T4F)
City of Ft.
Lauderdale THOMPSON PUMP & MANUFACTURING -
6" Thompson Pump w/ Canopy 1 $46,214.00 $46,214.00
(Model 4. 6JSCEN-DJDST-45T-MC)
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Palm Beach County THOMPSON PUMP & MANUFACTURING -
Sheriff's Office 6" Thompson Pump w/ Canopy 1 $46,214.00 $46,214.00
(Model #6JSCEN-DJDST-45T-MC)
VOLVO CONSTRUCTION EQUIP -
Lightsource Light Tower (Model 3 $7,918.00 $23,754.00•
#LSC-60HZ-T4F)
THOMPSON PUMP & MANUFACTURING -
6" Thompson Pump w/ Canopy 1 $46,214.00 $46,214.00
(Model #6JSCEN-DJDST-45T-MC)
Palm Beach County
THOMPSON PUMP & NONUFACTURING -
6" Thompson Pump w/o Canopy 1 $29,933.00 $29,933.00
(Model #6JSCEN-DJDST-45T-M)
PARATECH - Interstate/Motorway 1 $11,898.40 $11,898.40
VSK (Model #22-796855)
VOLVO CONSTRUCTION EQUIP -
Lightsource Light Tower (Model 6 $7,918.00 $47,508.00
#LSC-60HZ-T4F)
THOMPSON PUMP & MANUFACTURING -
6" Thompson Puirp w/ Canopy 1 $46,214.00 $46,214.00
(1vlodel #6JSCEN-DJDST-45T-MC)
City of rii amt
THOMPSON PUMP & MANUFACTURING -
6" Thompson Pump w/o Canopy 1 $29,933.00 $29,933.00
(Model r6JSCEN-DJDST-45T-M)
i
IPARI - Interstate/Motorway 1 $11,898.40 $11,898.40
ATECH
VSK (Model #22-796855)
NO
VOLVO CONSTRUCTION EQUIP -
Monroe County Lightsource Light Tower (Model 5 $7,918.00 $39,590.00
#LSC-60HZ-T4F)
VOLVO CONSTRUCTION EQUIP -
Lightsource Light Tower (Model 5 $7,918.00 $39,590.00
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Miami-Dade County rLSC-60HZ-T4F)
Fire Department THOMPSON PUMP & MANUFACTURING -
6" Thompson Pump w/o Canopy 1 $29,933.00 $29,933.00
(Model #6JSCEN-DJDST-45T-M)
VOLVO CONSTRUCTION EQUIP -
Lightsource Light Tower (Model 3 $7,918.00 $23,754.00
#LSC-60HZ-T4F)
THOMPSON PUMP & MANUFACTURING -
Miami-Dade Police 6" Thompson PurLo:p w/ Canopy 1 $46,214.00 $46,214.00
Department (Model #6JSCEN-DJDST-45T-MC)
THOMPSON PUMP & MANUFACTURING -
6" Thompson Pump w/o Canopy 1 $29,933.00 $29,933.00
(Model #6JSCEN-DJDST-45T-M)
VOLVO CONSTRUCTION EQUIP -
Lightsource Light Tower (Model 2 $7,918.00 $15,836.00
';LSC-60HZ-T4F)
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Biscayne THOMPSON PUMP & MANUFACTURING -
6" Thompson Pump w/ Canopy 1 $46,214.00 $46,214.00
(Model #6JSCEN-DJDST-45T-MC)
$475,736.40
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