Loading...
HomeMy WebLinkAboutCooperative Purchase Agreement ,; ()o ~ - ~ t, '3 9 t.j- - I ("" ~l I - Ii (;'D C: COOPERATIVE PURCHASE AGREEMENT This Agreement is made and entered into this $v1- day of "13nlJ.1l.V'~-=--, 2001J, between the(\ ~ of M.~a..vv\\ ~ , hereinafter sometimes referred to as "Agency", a muni'cipal 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 avoid duplication of efforts; and WHEREAS, Gary E. Perkins, Executive Director of the Florida Sheriffs Association, 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 Purcha1;e 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 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 be procured and used for counter-drug related activities. 10. The 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 of 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 that 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. A two and one half (2.5%) percent administrative fee will be assessed on all purchases through the FLCDPP office, and will be included on the invoice for materials purchased. 14. This Agreement shall become effective upon signing by both parties. 15. Notices required under this Agreement shall be sent to the following: F or Agency: Raymond Martinez, Assistant Chief of Police Miami Beach Police Department 11 00 Washington Avenue Miami Beach, Fl 33139 With Copies To: Andrew E. Terpak, Director City of Miami Beach Fleet Management Division 140 Macarthur Causeway Miami Beach, F133139 For FLCDPP: Peggy Goff Florida 1122 Program Manager State Point of Contact (SPOC) Florida Counter-Drug Procurement Program P. O. Box 12519 Tallahassee, FL 32317-2519 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective thd date first written above. t For Age1)ty/City of Miami Beach, Florida: /t)L------- // \C' Printed Name: David Dermer () For FLCDPP: II vf~~- I L1//rq rflW Peggy Goff Florida Counter-Drug Procurement Program Florida State 1122 Program Manager Title: Mayor Attested: ~~. fM~ Attested: Print name: Robert Parcher Title: City Clerk atricia L. Brigance lorida Counter-Drug Procurement Program Florida State 1122 Program Coordinator APPROVED AS TO FORM & LANGUAGE & FOR CUTION o ~f jel. at A f-rA C f! rvi CiVT A Post Office Box 12519 Tallahassee, FL 32317-2519 Office location: 2617 Mahan Dr., Tallahassee, FL 32308 Phone (850) Fax (850) . FLORIDA SHERIFFS ASSOCIATION and STATE OF FLORIDA "'~"~j~lCounter Drug Procurement Program ::~f.~}~'. :,,~~1'/:;:;,,::"; FLORIDA SHERIFFS ASSOCIATION LA W ENFORCEMENT FEDERAL CONTRACT PURCHASE PROGRAM National Defense Authorization Act 1994 Section 1122 PEGGY GOFF 1122 STATE POINT OF CONTACT (850) 877-2165 (850) 878-8665 FAX PATTI BRIGANCE 1122 PROGRAM COORDINATOR (850) 877-2165 (850) 878-8665 FAX Revision Date: 11101/2006 .'...., ,::FLORIDA SHERIFFS ASSOCIATION and STATE OF FLORIDA .,E'Counter Drug Procurement Program ';':..-..../,.. - "{f Post Office Box 12519 Tallahassee, FL 32317-2519 Office location: 2617 Mahan Dr., Tallahassee, FL 32308 Law Enforcement Procurement Program The National Defense Authorization Act of 1994 established the Law Enforcement Procurement Program_ It allows state and local law enforcement agencies (LEAs) to purchase law enforcement equipment for use in counter-drug, anti-drug, and drug interdiction campaigns from the Federal Government at substantial savings. In Florida, LEAs must make purchases through the Counter-Drug Procurement Program. This program is not a replacement for the Excess Property Program, but a powerful additional tool to enable LEAs to wage war on drugs in their communities. Through this procurement program, LEAs are able to leverage their buying power to take advantage of the U.S. Government's massive contract vendor system. This program gives LEAs the ability to purchase exactly what their agency needs. Here IS a partial list of what can be purchased through the program: . Communications equipment . Electronics and surveillance equipment, to include night vision goggles . Cameras, film, binoculars and accessories . Body armor, restraining equipment, personal law enforcement equipment and vehicles . Drug testing eq u ipment and kits The vendors are leaders in their fields: RBR Armor Motorola Safari land Peerless Handcuffs ITT American Body Armor Ford Litton Program Procedures: >- LEAs tell us what their requirements are and supply us with the National Stock Number (NSN), manufacturer, item type/number, specifications, and comparable retail price. >- We go through our sources to find who has the item and at what cost savings. >- We fax a Pro Forma Invoice with the price quote to the LEA. >- The LEA sends us a Purchase Order to secure funds for the cost of the equipment. >- We place the order. Shipments are made directly to the LEA to avoid shipping delays. >- Upon receipt of the equipment, the LEA forwards a check to FLCDPP. The money is deposited into a dedicated FLCDPP account. >- FLCDPP pays the vendor invoice when the LEA acknowledges receipt of the equipment. This is a no-risk program for the LEAs. They decide if the government's negotiated prices are better than their vendors. Even if the prices only match - our quotes can be used for additional negotiating power. The Law Enforcement Agencies win either way! FLORIDA SHERIFFS ASSOCIATION and STATE OF FLORIDA Counter Drug Procurement Program ~B.1 Phone (850) Fax (850) Post Office Box 12519 Tallahassee, FL 32317-2519 Office location: 2617 Mahan Dr., Tallahassee, FL 32308 GENERAL INFORMATION What is the Procurement Program? The Florida Counter-Drug Procurement Program is a program with allows state and local governments to purchase law enforcement equipment through certain Federal procurement channels, provided that the equipment is used in the performance of counter-drug activities. The program affords state and local governments the opportunity to maximize their use of taxpayer dollars by taking advantage of the purchasing power of the Federal Government to receive discounts commensurate with large volume purchases. What is the authority for the Procurement Program? Section 1122 of the fiscal year] 994 National Defense Authorization act established the authority for this procurement program. Thus, the authority for the Florida Counter-Drug Procurement Program resides with the Department of Defense. Why is the Procurement Program referred to as the "1122 Program"? .. I ] 22" refers to the section of the fiscal year 1994 National Defense Authorization Act which established the program; thus the program is commonly referred to as the "1122 Program." What agencies are involved in the 1122 Program? The U.S. Army, the General Services Administration (GSA), the Defense Logistics Agency (DLA) and the Department of Justice (DOJ) are actively involved in the I 122 program. As the Executive Agent of the program, the U.S. Army has formed a steering committee consisting of representatives from GSA, DLA and DOJ to oversee the implementation of the program. What GSA products are available under the 1122 Program? Currently, state and local governments may purchase motor vehicles from GSA as well as items from the GSA Federal Supply Service (FSS) Schedules or Contracts listed on the GSA website http://www.gsaelibrarv.gov. How does the 1122 Program work? Each state participating in the I ] 22 Program designated a State Point of Contact (SPOC) to administer the state's activities under the program, by validating the counter-drug mission of each procurement request and by ensuring the availability of funds. Are there any restrictions for state and local law enforcement agencies regarding the use of products available under the 1122 Program? The statute limits the use of the 1122 Program to items specifically used in the performance of counter-drug activities. Thus, the program cannot be used for routine law enforcement purposes. The State and Local Law Enforcement Equipment Procurement Program "The 1122 Program" Program/Status The National Defense Authorization Act (Section 1122), dated November 10, 1993, established the requirement for procedures to be developed by the Department of Defense that would enable State and Local governments to buy Law Enforcement equipment suitable for counter-drug activities through the Federal procurement channels. Indian tribes that perform law enforcement functions as determined by the Secretary of the Interior are also eligible. The Department of Defense designated the Department of the Army (DA) as the Executive Agent and the Defense Logistics Agency (DLA), and GSA are active participants in the execution of the program. This program was initiated with California, North Carolina and West Virginia serving as pilot states in the initial phase of the program. In 1995, the committee finalized the first edition of the Law Enforcement Equipment and Supplies Program Guide and Catalog. The Guide explains and promotes an understanding of the program, by specifying ordering procedures and providing a brief explanation of the procurement programs available through DLA, DA, and GSA. The Catalog lists the supplies and equipment available to State and local law enforcement agencies engaged in counter-drug activities, through Federal procurement channels. A listing of supplies and equipment can now be found at the internet site: http://wwwqsaadvantaqeQov. In April, 1995 and again in March 1997, DOD sent a letter to all 54 governors (states and territories) inviting the governor to designate a State Point of Contact (SPOC) to administer the State's activities under this program. Based upon this outreach effort and additional inquiries from States about the program, the total number of States with a designated SPOC stands at forty-four. Purchases included body armor, helicopter accessories, helmet shields, automobiles (pursuit vehicles), binoculars, first aid items, night vision goggles, and sensors. The'savings over commercial retail prices range from 9% for infrared cameras to 700% for aviation parts. Generally, the savings ranges from 10% to 32% - money that can be used to make America safer. For more information, contact the Program Coordinator, Patti Brigance at (850) 877-2165, E-mail address: pbriqance!a:1flsheriffs.orq. Department of the Army The Department of the Army provides equipment procureme:lt support for military, tactical, surveillance, intelligence, aviation, security, transportation, outfits, and police operations. The agency stocks these items through its inventory control points. Defense Logistics Agency For more than three decades, the Defense Logistics Agency has supported needs of men and women in the U.S. military. DLA manages almost 4 million items of supply, from basic nuts and bolts to high-tech surveillance equipment. Now, because of Congressional legislation, we are proud to offer that support to law enforcement activities engaged in the war against drugs. DLA has five supply centers to serve your needs. Each manages different kinds of items that may be useful for drug interdiction. · The Defense Supply Center in Columbus, Ohio manages holsters, gun parts, helicopter spare parts, television surveillance monitors, and more. · The Defense Supply Center in Richmond, Virginia has riot control shields, alarm signals, batteries, and motor oil. · The Defense Industrial Supply Center in Philadelphia, Pennsylvania has cameras and photographic equipment, dog leashes, locks and pad locks. · The Defense Supply Center in Philadelphia, Pennsylvania provides medical, clothing (black BDUs, flight suits), and food. The Defense Energy Support Center in Ft. Belvoir, Virginia manages "into-plane" refueling contracts for aircraft. General Services Administration The General Services Administration provides a multitude of commercial and technical products to enhance your law enforcement drug interdiction mission under the Federal Supply Schedule (FSS) program. Some of the more popular products include: body armor and personal security equipment, ADP equipment, telecommunication equipment, portable power sources, training devices, communications, recording and reproducing equipment (audio and video), small craft and marine equipment, canine and vehicle security equipment, and police patrol and pursuit automobiles. The schedules are lists of vendors who are under contract to GSA to offer the same best customer process given to the Federal Government. For more information contact your SPOC or visit the website at http://www.osaadvantaoe.qov. November 1, 2006 TO: All State of Florida Law Enforcement Agencies SUBJECT: Florida Standard Operating Procedures Concerning Participation in the Law Enforcement Equipment Purchase Program (Section 1122) This Program Guide is designed for 1122 Program implementation, and is not to be regarded as permanent policy or direction. It is subject to change in accordance with amendments in the federal law and policies from GSA, DA, and DLA. Updated information will be included and made available to Law Enforcement Agencies (LEA's) in the program as needed. Program Highlights: . Program Eligibility Requirements . Sources of Supply . Certification Process . Certification Request Letter Development . Certification Approval . Equipment/Supplies Ordering Process . Vehicle Purchases I. Program Eligibility Requirements: Participation in the Florida Law Enforcement Equipment Purchase ("1122") Program is restricted to law enforcement agencies involved in counter-drug activities. To be eligible, agencies must have peace officers, who have the authority to make arrests for laws involving drug violations. In those instances where the status of the agency cannot be determined, the requesting agency must contact the "State Point of Contact" (FLSPOC) for further determination. Section 1122 of the National Defense Authorization Act (NOAA) of 1994 established the basis for state and local law enforcement agency participation in the Law Enforcement Purchase Program. This participation requires a "Counter-Drug" involvement. For the purposes of Florida Law Enforcement Agencies (LEA's) Program participation, LEA's must provide documentation that this equipment will be used in the support of counter- drug activities. This authority enables certified law enforcement agencies to purchase law enforcement equipment through the Federal Government. A purchasing advantage is achieved through discounts that are available to the Federal government due to large volume purchases. Additionally, some of the many advantages of this program include the following: A. Give "program certified" LEA's access to purchasing power of the U.S. Government for equipment and supplies needed to enforce drug laws; B. Provides opportunities to buy equipment items and supplies from GSA schedules (civilian vendor resources that had not been available previously). C. Provides LEA's with opportunities to purchase equipment items from 000, Defense Logistics Agency (DLA) II. Sources of Supply: Under the "1122" Program, equipmenUsupply items are available for purchase through three separate federal sources They include: General Services .A,dministration (GSA), Defense Logistics Agency (DLA), and Department of the Army (DA). A. General Services Administration/Contractor Supplied Items: LEA's can purchase items in the GSA inventory by ordering through the GSA supply catalog. Any item GSA has in stock that supports the counter-drug operation of a LEA can be purchased directly from GSA by contacting the 1122 Program Coordinator. Under the Federal Supply Schedule, GSA enters into contracts with commercial vendors who provide supplies and services at predetermined prices for specified periods of time. The 1122 Program Coordinator places orders with the vendor, with delivery being made directly to the customer. Under this program, the customer is the law enforcement agency (LEA). The schedules are available through the GSA website - http://wwwQsaelibraryQsaQov. B. Defense Logistics Agency (DLA): DLA stocks a wide array of items in a nationwide network of Defense Supply Centers (DSC's). Among the Items that are available for sale under the "1122" Program are: · DSC-Columbus: holsters, gun parts, helicopter spare parts, television surveillance monitors · DSC-Richmond: riot control shields, alarm signals, batteries, motor oil · DSC-Philadelphia: cameras and photographic equipment, dog leashes, locks and pad locks · DSC-Philadelphia: medical, clothing, and food · DESC-"into-plane" refueling contracts for aircraft C. Department of the Army (DA): The Army stocks a wide array of items through its inventory control points. III. Certification Process: Program participation begins with the submission of a Certification Request Letter for access into the Law Enforcement Equipment Purchase Program. A sample format is listed on pages 8-9. The letter must be prepared by the LEA and submitted to the FLSPOC for review and approval. LEA's requesting participation in this program must respond to all requirements listed. A. Certification Request Letter Development: 1. Pursuant to National Defense Authorization Act of 1994, the State of Florida is required to establish procedures for program participation. To satisfy this requirement, the Certification Request has been designed to provide information requested for items described in the sample below. The Certification Request Letter must be prepared on agency letterhead and signed by the agency chief executive. The requesting agency may provide an alternate signature to anticipate situations where the chief executive is not available. The alternate signature is designated by the chief executive and may include the deputy chief, undersheriff, chief deputy, etc. When the Certification Request Letter has been completed and signed by the agency chief executive, submit the letter to the following address: Peggy Goff, State Point of Contact Florida Counter-Drug Procurement Program Post Office 12519 Tallahassee, FL 32317-2519 · Peggy Goff functions as the State Point of Contact (SPOC) and is responsible for normal program administration. She can be reached at 850-877-2165. · Patti Brigance, Program Coordinator, processes requisitions and responds to LEA's requests. She can be reached at 850-877-2165 ! 850-878-8665 FAX.