HomeMy WebLinkAboutMemorandum of Agreement MEMORANDUM OF AGREEMENT
This Agreement is made and entered into this~"~ ~ day of ~ ,2005,
between the City of Miami Beach, Florida, hereinafter sometimes referred to as
"Agency", a municipal corporation, law enforcement agency, or political subdivision of
the State of Florida, and the State of Florida Counter-Drug Procurement Program,
(FLCDPP) office.
WHEREAS, voluntary purchasing agreements between and among public agencies in
the State of Florida have been shown to improve competition, quality, services, provide
lower prices for materials and services, and void duplication of efforts; and
WHEREAS, Kevin E. Beary, Orange County Sheriff has been designated by the
Governor of the State of Florida as the State Coordinator for the "State and Local Law
Enforcement Equipment Procurement Program" established and maintained pursuant to
National Defense Authorization Act Section 1122 (Title 10 USC 381) hereafter known as
the '1122 Program'. Subsequently the Florida Counter-Drug Procurement Program
(FLCDPP) Office was established as a public-private partnership and designated "State
Point of Contact" for the Program administration. Which Program permits state and
local law enforcement agencies to purchase through federal procurement channels law
enforcement equipment suitable for use in the performance of counter-drug activities;
and
WHEREAS, the 1122 Program will permit local law enforcement agencies to take
advantage of the purchasing power of the federal government to receive discounts
commensurate with large volume purchases; and
WHEREAS, this Cooperative Purchase Agreement is necessary in order that the
Agency may order qualifying law enforcement equipment under the 1122 Program
through the Florida Counter-Drug Procurement Program acting as the SPOC.
NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement, and for the mutual benefits to result therefrom, the parties agree as follows:
1. The purpose of the Agreement is a cooperative agreement between the Agency
and FLCDPP for the procurement of qualifying law enforcement equipment under the
United States 1122 Program by the Agency through the Florida Counter-Drug
Procurement Program, as the SPOC for the 1122 Program.
2. The Agency shall submit all procurement requests under the 1122 Program to
the FLCDPP office along with all documentation required by the Federal Government
validating the counter-drug mission for each procurement request.
3. The FLCDPP office shall Submit, in the name of the Agency, all procurement
requests by the Agency under the 1122 program.
4. The Agency shall be responsible for the payment of all costs and expenses
associated with procurement requests under the 1122 Program submitted to the
FLCDPP office by the Agency. The Agency will submit a purchase order for the exact
dollar amount of the product or service at the time of ordering. All orders shall be paid
in full within 30 days of receipt to FLCDPP for equipment, materials and services
received in accordance with the terms and conditions of the procurement.
5. Receipt, inspection and acceptance of all equipment, materials and services
ordered under this Agreement shall be the exclusive obligation of the Agency.
6. The exercise of any rights or remedies by the Agency shall be the exclusive
obligation of the Agency.
7. In this Agreement, failure of an entity to secure performance under its purchase
order, does not necessarily require another entity to exercise its own rights or remedies.
8. The procurement of equipment through the 1122 Program shall be subject to,
and in accordance with, the terms and conditions entered into by the applicable federal
agency with the vendor, except for modifications of those terms and conditions
otherwise allowed by law.
9. The selection of equipment to be ordered through the 1122 Program will be at
the option of the Agency, except that all such equipment shall only be procured and
used for counter-drug related activities.
10. FLCDPP shall not be liable in any fashion for any violation by the Agency of the
terms, guidelines, regulations and statutes applicable to the 1122 Program. FLCDPP
and the Agency agree to assume responsibility for the acts, omissions, or conduct of
each party's own employees in connection with any procurement under the 1122
Program. The Agency and FLCDPP do not thereby waive any protections, available
defenses or limitations of actions, to which they may be entitled in accordance with
section 768.28 Florida Statutes, and Florida law. Any limitation on a party's liability shall
be in accordance with section 768.28, Florida statutes, or any other applicable provision
of Florida law.
11. Either party may terminate, without notice, this Agreement if the other party fails
to comply with the terms of this Agreement. Otherwise, either party may terminate this
Agreement at any time, with or without cause, upon not less than thirty (30) days notice
to the other party.
12. The parties are authorized to enter into this agreement pursuant to Chapter 217,
Florida Statutes.
13. This Agreement shall take effect upon signing by both parties.
14.
Notices required under this Agreement shall be sent to the following:
For Miami Beach Police Department:
For FLCDPP:
Captain Randy McKendree
Florida 1122 Program Manager
State Point of Contact (SPOC)
Florida Counter-Drug Procurement Program
Post Office Box 1440
Orlando, FL 32802-1440
FLCDPP:
Randy McKendree
Florida Counter-Drug Procurement Program
Florida State 1122 Program Manager
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective the date first
written above.
h:
Printed Name: David Dermer
Attested:
Cynt6ia A. Lawing
Florida Counter-Drug ProcurementPro gram
Florida State 1122 Program Coordinator
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Title: Maynr
Attested:
Robert Parcher
Accepted and Agreed by..d
Miami Beach Po 'l~e.Be_D/~:Uie~/
Printed Name: ~~
Date