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Agreement with FL Fish & Wildlife Conservation Commission (FWC)X007- ~G sr~g Florida Fish and Wildlife Conservation Commission Certified Copy Commissioners Rodney Barreto Chair Miami Kathy Barco Jacksonville On this 12th day of September, 2007, I certify that the attached document is a Ronald M. Bergeron Fort Lauderdale Richard A. Corbett true, exact, complete, and unaltered copy of the Regional Domestic Security Tampa Dwight Stephenson Task Force (RDSTF) Waterborne Response Team Participant Agency Delray Beach Kenneth W. Wright Winter Park Agreement for All Hazards Response presen-,t~led to me by Juli B. Dodson. Brian S. Yablonski ~~'u • Jennifer C. Wiwi Tallahassee ~ ~ •t • ,= Commi::ion # DD348654 ~. •' Expirsie Atpua>It 22, 2008 "''~ r«ww Executive Staff Kenneth D. Haddad Not ry S gnat a nd Seal of Notary Executive Director Victor J. Heller Assistant Executive Director My Commission Expires August, 22, 2008 Karen Ventimiglia Deputy Chief of Staff Division of Law Enforcement Julie Jones Director (850) 488-6251 (850) 921-6453 FAX Managing fish and wildlife resources for their long- term well-being and the benefit of people. 620 South Meridian Street Tallahassee, Florida 32399-1600 Voice: (850) 488-4676 Hearing speech impaired: (800) 955-8771 (T) (800} 955-8770 (V) MyFWC.com ~r RDSTF WATERBORNE RESPONSE TEAM PARTICIPANT AGENCY AGREEMENT FOR ALL HAZARDS RESPONSE THIS AGREEMENT is entered into by and between the Florida Fish and Wildlife Conservation Commission ("FWC"), and the Miami Beach Police Department ("Recipient Agency"), hereinafter referred to as "the Parties." Whereas, the U.S. Department of Homeland Security, Office of Grants and Training (OGT), has made available 2005-2006 Homeland Security Grant Program funds, specifically Domestic Preparedness Grants, to the Florida Department of Law Enforcement (FDLE) and the Florida Division of Emergency Management (FDEM), which is the State of Florida's State Administrative Agency (SAA) under federal grant guidelines. The funds are designated for planning, equipment, training, exercise, and administrative expenditures and activities, in supporting domestic preparedness in Florida; Whereas FDEM and FDLE have designated the FWC as the state agency to facilitate and coordinate the establishment of Regional Domestic Security Task Force (RDSTF) Waterborne Response Teams. FDEM, FDLE, FWC and the Recipient Agency named above have utilized the State of Florida's State Homeland Security Strategies as the basis of the allocation of the above- referenced grants, to meet prioritized needs to enhance and refine Florida's specialized maritime preparedness and response capabilities, and have received state and federal approval for the allocation and expenditure of the said grant funds. The Recipient Agency has agreed to form an RDSTF Waterborne Response Team (WRT) (Type I, Type II or Type III) and will receive the equipment- described on the attached Equipment Transfer List(s) ("Equipment") to establish and maintain the WRT for local, regional, statewide or out-of--state deployment. All equipment allocated to the Recipient Agency must be used for this purpose. WRT deployment must be authorized by the RDSTF or the State Emergency Operations Center (SEOC) consistent with the mission needs and team capabilities set forth in the RDSTF Waterborne Response Team Protocol and Team Typing Guidelines (approved April 19, 2006), and within authorized jurisdiction(s) consistent with any applicable Mutual Aid agreements. Recipient Agency Mission/Team-Type Capability: (Please indicate WRT type) ~ Type III -Basic Waterborne Response Capability Type III teams represent the basic capability for Waterborne Response Team operations. They perform law enforcement patrol and perimeter security functions and respond to disasters and critical incidents. Deployment of Type III Teams will be pre-determined by the participating agency as follows: ~ Local Jurisdiction Only ~ In-Region Only ~ Statewide ~ Out-of--State Page 1 of 7 RDSTF WATERBORNE RESPONSE TEAM PARTICIPANT AGENCY AGREEMENT FOR ALL HAZARDS RESPONSE ^D Type II -Enhanced Waterborne Response Capability Type II teams possess the core equipment, training and capabilities of Type III teams plus enhanced equipment and tactical training to perform special waterborne operations and security missions during times of elevated DHS threat levels and MARSEC Level increases which are driven by focused Maritime Threats. Type II Teams will be available for local, regional, statewide, or out-of--state deployment. ^ Type I -Advanced Waterborne Response Capability Type I WRT Platform Teams possess the core equipment and training of Type II teams plus enhanced equipment and training to provide awater-based transportation and logistical support platform for SWAT team operations. Type I WRTs will be integrated teams comprised of designated RDSTF SWAT Teams and designated Type II WRT platform teams. Type I Teams will be available for local, regional, statewide, or out-of--state deployment. Equipment Purchase and Distribution: The FWC has received a portion of the above-referenced grant funds from FDLE and DEM and has purchased the listed equipment (attached) on behalf of the Recipient Agency, which equipment was selected from the U.S. Department of Justice Authorized Equipment List (AEL). In consideration of the receipt of the listed equipment by the Recipient Agency, and in compliance with federal guidelines for the related federal grant funds and state requirements for domestic preparedness, emergency response, and mutual aid, the Parties agree to the following: Equipment Maintenance Responsibilities: The FWC, upon the delivery of the equipment to the Recipient Agency, transfers all rights and obligations for said Equipment to the Recipient Agency. The Recipient Agency, upon the receipt of said Equipment, accepts said rights and obligations for the Equipment and acknowledges that the Equipment is in satisfactory, operational condition. The Recipient Agency shall maintain ownership of the equipment in a satisfactory, operational condition, as provided to it under this agreement, for the normal expected operating lifetime of said Equipment. This includes routine maintenance, repairs, calibration, etc. The Recipient Agency shall notify the FWC one year in advance of the expiration of the Equipment's normal expected operating lifetime and shall notify the FWC when the Equipment has been expended. The Recipient Agency is not responsible for replacing the Equipment that has reached the end of its normal expected operating lifetime. The Parties will complete and submit all necessary paperwork associated with the transfer and receipt of the Equipment, including, but not limited to, evidence of title and registration, if applicable. Page 2 of 7 RDSTF WATERBORNE RESPONSE TEAM PARTICIPANT AGENCY AGREEMENT FOR ALL HAZARDS RESPONSE The Parties shall make available all documents and records related to the transfer, receipt, use, and disposal of the Equipment, for the purposes of any required audit or other review by state, local, or federal officials. The Recipient Agency must obtain the written consent of the FWC prior to any transfer, rental, sale, lease, alienation, donation, mortgage, encumbrance, or other disposal of the Equipment. The Recipient Agency shall replace and potentially be reimbursed through local, state, or federal reimbursement processes or agreements for all goods and supplies expended for emergency response, training, or exercises conducted in accordance with the Florida Comprehensive Emergency Management Plan. The Recipient Agency will be given preference with respect to access to additional funding that may allow for equipment maintenance, replacement or repair, as well as training and exercises. At this time, the parameters to any additional monies have not been defined. Team Staffing and Training Responsibilities: The Recipient Agency shall ensure that designated WRT personnel maintain the minimum levels of required training as specified for the respective WRT team type and will participate in regional training events as required, and in not less than one (1) regional exercise or terrorist event simulation per year, as directed by the FDEM, for the duration of the Equipment's normal expected operating lifetime. Deployment Responsibilities: Upon notification by the FDEM or RDSTF, the Recipient Agency shall respond to incidents within its regional response area with the Equipment, Team Members and other resources which it needs and which are reasonably required for the response and shall make the Equipment and/or vessels available for statewide response within or outside Florida. When requesting a response, the FDEM and/or the RDSTF will determine that the level or intensity of the incident is such that the Equipment and resources are necessary to mitigate the outcome of the incident. In addition, the FDEM and/or the RDSTF will ensure that requests are pursuant to Florida law and existing plan(s) or agreement(s) and in accordance with the State Comprehensive Emergency Management Plan (CEMP), the Statewide Mutual Aid Agreement, or other emergency response purpose. Waterborne Response Team Members will be trained and equipped to be self-supporting and self-sustaining for a minimum of 72 hours from call out to first relief or until logistics capabilities are established within an incident area. Teams should be able to provide fuel, food, clothing, equipment, maintenance and communications capability for the initial deployment period. Additional resource support for the WRTs will be determined based on the nature of the deployment. Page 3 of 7 RDSTF WATERBORNE RESPONSE TEAM PARTICIPANT AGENCY AGREEMENT FOR ALL HAZARDS RESPONSE All WRT members shall maintain issued equipment in a deployment-ready state. Equipment and Vessel Use considerations: The Recipient Agency may utilize the Equipment and/or Vessels for agency mission support and in the event of emergencies including, but not limited to, terrorism-related or all-hazards events. Participation in RDSTF, State Working Group and WRT Committees: The Recipient Agency shall support regional and/or statewide operational meetings and planning meetings to promote the WRT mission, as well as the broader domestic security mission encouraging the active participation of Regional WRT Coordinators/Team Leaders. Agreement to operate under Incident/Unified Command: The Recipient Agency agrees to comply with the National Incident Management System (NIMS) mandate to adopt and implement the Incident Command System (ICS) for incident response and on-scene incident management. Accordingly, any required ICS training for host agency WRT personnel will be provided by the Recipient Agency or coordinated with the RDSTF or other training provider, or RDSTF drills, simulations or exercises sponsored or approved by the RDSTF. Other Terms and Conditions: As consideration of this Agreement, the Parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. The Parties hereto do not intend nor shall this contract be construed to grant any rights, privileges or interest to any third party. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Contract shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. This Agreement is an exclusive contract between the Parties and may not be assigned in whole or in part without the written approval of the FWC. In accordance with Section 28'7.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to Page 4 of 7 RDSTF WATERBORNE RESPONSE TEAM PARTICIPANT AGENCY AGREEMENT FOR ALL HAZARDS RESPONSE provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. Each parry hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. The Recipient Agency shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principals. The Recipient Agency shall allow the FWC, the State, or other authorized representatives, access to periodically inspect, review or audit such documents as books, vouchers, records, reports, canceled checks and any and all similar material. Such audit may include examination and review of the source and application of all funds whether from the state, local or federal government, private sources or otherwise. These records shall be maintained for five (5) years following the close of this Agreement. In the event any work is subcontracted, the Recipient Agency shall require each subcontractor to similarly maintain and allow access to such records for audit purposes. This Agreement may be unilaterally canceled by the FWC for refusal by the Recipient Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient Agency in conjunction with this Agreement. Termination: 1. This Agreement shall terminate immediately upon the FWC giving written notice to the Recipient Agency in the event of fraud, willful misconduct, or breach of this Agreement. 2. Either party may terminate this Agreement by giving written notice to the other party specifying the termination date, by certified mail, return receipt requested, at least 30 days prior to the termination date specified in the notice. 3. Upon termination of this Agreement for any reason, the Recipient Agency shall, unless the FWC directs otherwise, render to the FWC all Equipment transferred to the Recipient Agency by the FWC. Page 5 of 7 =1 ~~ RDSTF WATERBORNE RESPONSE TEAM PARTICIPANT AGENCY AGREEMENT FOR ALL HAZARDS RESPONSE Agreement period: This Agreement shall become effective on the date the Equipment is received by the Recipient Agency, as reflected by the signatures below, and shall remain in effect for five (5) years or for the expiration of the Equipment's normal expected operating lifetime, whichever shall occur last, unless prior termination is effected as provided herein. IN WITNESS WHEREOF, the Parties execute this agreement by their duly authorized undersigned officials, and agree to the terms hereof, with the Recipient Agency also acknowledging receipt of the Equipment. RECIPIENT AGENCY Signature of genc fficial Sergeant Dale Twist Printed Name of Agency Official FLORIDA FISH & WILDLIFE CONSERVATION COMMISSION Signat of Agenc fficia Colonel Julie Jones Printed Name of Agency Official ,n~~ttzi-.~.E Q~,Z~L L~~~ 5~;~~=re~.iS~~ Director, Division of Law Enforcement Title of Agency Official Title of Agency Official ~-ZZ-~~ Date of Signature and Receipt of Equipment Date of Signa e Page 6 of 7 . RDSTF WATERBORNE RESPONSE TEAM PARTICIPANT AGENCY AGREEMENT FOR ALL HAZARDS RESPONSE WRT EQUIPMENT TRANSFER Equipment Purchase and Distribution: The FWC has received a portion of the above-referenced grant funds from FDLE and DEM and has purchased the following equipment on behalf of the Recipient Agency, which equipment was selected from the U.S. Department of Justice Authorized Equipment List (AEL). FY OS -06 Law Enforcement Terrorism Prevention Program (LETPP) Grant Equipment Provision Issue 50 Enhancement of Waterborne Response Teams Descri tion Quanti Value: Initials of Reci ient Tactical Flotation Device 4 199.99 each $ 799.96 Kevlar Helmets 4 246.00 each $ 984.00 Wate roof E ui ment Carrier 4 79.35 each $ 317.40 FRS/GPS Radio 4 373.24 each $ 1492.96 Personal EPIRB 4 133.45 each $ 533.80 Ni t Vision E ui ment 4 2,354.00 each $9,416.00 1-Serial Number 758896 2- Serial Number 95002376 3- Serial Number 757310 4- Serial Number 95002321 Grand Total Value of Equipment 13 544.12 Page 7 of 7 Memorandum Florida Fish and Wildlife Conservation TO: Miami Beach Police Department Commission FROM: Sabra A. Thornton ~ Commissioners ' Chief of Staff Rodney Barreto Chair Division of Law Enforcement Miami Kathy Barco DATE: September 12, 2007 Jacksonville Ronald M. Bergeron Fort Lauderdale SUBJECT: Participant Agency Agreement for All Hazards Response Richard A. Corbett Tampa Dwight Stephenson h Attached is a certified copy of the executed Regional Domestic Security Task Delray Beac Wri ht th W K Force (RDSTF) Waterborne Response Team (WRT) Participant Agency g . enne Winter Park Agreement for All Hazards Response. Please forward to your Office of General Brian S. Yablonski Counsel and other responsible parties as appropriate. Tallahassee Executive Staff Kenneth D. Haddad Executive Director still Victor J. Heller Assistant Executive Director Karen Ventimiglia Deputy Chief of Staff Division of Law Enforcement Julie Jones Director (850)488-6251 (850) 921-6453 FAX Managing fish and wildlife resources for their long- term well-being and the benefit of people. 620 South Meridian Street Tallahassee, Florida 32399-1600 Voice: (850) 488-4676 Hearing speech impaired: (800) 955-8771 (T) (800) 955-8770 (V) MyFWC.com