Agenda Item 8GAGENDA ITEM # 8G
SEPTEMBER 12, 2011
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Florida Division of Emergency Management Grant
DATE: September 2, 2011
SUBMITTED BY: Michael D. ClasseyChief of Police
BACKGROUND:
The Florida Division of Emergency Management has been awarded Federal Funds for the
purpose of upgrading public safety radio systems throughout the State of Florida. These
funds are being dispersed by region and Duval County is in Region III of the state system.
Alachua County Sheriff's Office is the sub grantee recipient of these grant funds for
Region III.
The City of Atlantic Beach Police Department (ABPD) radios operate off the City of
Jacksonville's (COJ) 800 MHz radio system. The COJ radio system is undergoing software
and hardware upgrades referred to as Project 25 (P25). In order for ABPD radios to
continue to operate, these radios must undergo the same system upgrades. The cost of
these upgrades for COJ is approximately 2 million dollars and a portion of those costs are
being passed along to end users of the system such as ABPD.
The Atlantic Beach Police Department asked for consideration to be given in the allocation
of the Region 3 grant funds as the expense of the upgrade would have created severe
budget challenges if General Fund monies were required. The Alachua County Sheriff's
Office, in their grant application, requested $75,555 to cover all expenses for the ABPD
radio system upgrades and their grant application was approved as written.
These expenses will be paid by Alachua County directly to COJ so no funds will
physically pass through COAB. Any remaining funds above the cost of the ABPD radio
upgrades will be directed to COJ. The next step in this process is for the Atlantic Beach
Police Department to sign the Memo of Understanding with the Alachua County Sheriff's
Office.
BUDGET: None
RECOMMENDATIONS: To authorize the City Manager and Chief of Police to sign
the Memo of Understanding with the Alachua County Sheriff's Office.
ATTACHMENTS: Memo of Understanding with the Alachua County Sheriff's Office.
REVIEWED BY CITY MANA ER:
AGENDA ITEM # 8G
SEPTEMBER 12, 2011
MEMORANDUM OF UNDERSTANDING
BETWEEN
ALACHUA COUNTY SHERIFF'S OFFICE
AND
CITY OF ATLANTIC BEACH POLICE DEPARTMENT
I. PARTIES
This Memorandum of Understanding (MOU) is made and entered into, by and between
Sadie Darnell, Sheriff of Alachua County, Florida, hereinafter referred to as `Sheriff',
whose address is 2621 SE Hawthorne Road, Gainesville, Florida, and the City of
Atlantic Beach Police Department located at 850 Seminole Road Atlantic Beach Florida.
II. PURPOSE
A. Background
On August 4, 2011, the Alachua County Sheriff was officially awarded Grant Contract
Number: 11- DS- 8D- 03 -11 -01 from the State of Florida, Division of Emergency
Management the in the amount of $3,683,474 (three million, six hundred and eighty three
thousand, four hundred and seventy four dollars). The purpose of the grant is to purchase
P25 700 -800 MHz compliant mobile and portable radios, SSI's for Region III (Alachua
Baker, Bradford, Clay, Duval, Flagler, Gilchrist, Levy, Marion, Nassau, Putnam, St.
Johns and Union).
B. Purpose
The purpose of this Memorandum of Understanding (MOU) is to specify the number and
type of equipment to be purchased for and to delineate the responsibilities of the parties.
III. TERM OF MOU
This MOU is effective upon the day and date last signed and executed by the duly
authorized representatives of the parties to this MOU and shall remain in full force and
effect until June 30, 2012, the end of the grant year, there will be no further extensions.
IV. PAYMENT
No payment shall be made to either party by the other party as a result of this MOU.
V. RESPONSIBILITIES
AGENDA ITEM # 8G
SEPTEMBER 12, 2011
A. The Sheriff agrees to perform the following actions:
(1) Submit quarterly reports to the State of Florida, Division of Emergency
Management no later than thirty (30) days after the end of each reporting period
of the program year and shall continue submitting quarterly reports until
submission of the administrative close -out report.
(2) Submit the administrative close -out report no later than sixty (60) days
after the end of the program year.
(3) Purchase P25 compliant interoperability equipment awarded in the
justification and transfer equipment to the.
(4) Pay a total amount of $75,555.
(5) Follow all guidelines according to the Federally Funded Sub -grant
Agreement Contract Number: 11- DS- 8D- 03- 11 -01 CFDA Number: 11.555
B. The City of Atlantic Beach Police Department agrees to perform the
following actions:
(1) Submit all information to the Sheriff regarding the equipment within
twenty (20) days after taking receipt of equipment.
(2) Accept responsibility and ownership of the equipment (Attachment A)
purchased by the Sheriff.
(3) Maintain equipment according to the requirements from the State of
Florida, Division of Emergency Management.
(4) Retain sufficient records to show compliance with the terms of the
agreement, for a period of five years from the date the audit report is issued.
(5) Federally funded equipment under this agreement must be
maintained for five years from the date of the executed agreement before
disposal.
(6) Shall be responsible for periodic monitoring/audits conducted by the State
of Florida, Division of Emergency Management.
(7) After transfer of all equipment, shall take full responsibility for the
equipment and maintenance according to the guidelines of the State of Florida,
Division of Emergency Management, thus releasing the Sheriff of all liability of
maintenance and responsibility for the equipment.
AGENDA ITEM # 8G
SEPTEMBER 12, 201 I
(8) Follow all guidelines according to the Federally Funded Sub -grant
Agreement, Contract Number: 11- DS- 8D- 03- 11 -01 CFDA Number: 11.555.
VI. GENERAL PROVISIONS
A. Amendments
Either party may request changes to this MOU. Any changes, modifications,
revisions or amendments to this MOU which are mutually agreed upon by and
between the parties to this MOU shall be incorporated by written instrument, and
effective when executed and signed by all parties to this MOU.
B. Applicable Law
The construction, interpretation and enforcement of this MOU shall be governed
by the laws of the State of Florida. The courts of the State of Florida shall have
jurisdiction over any action arising out of this MOU and over the parties, and the
venue shall be the Eighth Judicial Circuit, Alachua County, Florida.
C. Entirety of Agreement
This MOU, consisting of six (6) pages and the attached grant agreement between
the State of Florida, Division of Emergency Management and the Sheriff,
represents the entire and integrated agreement between the parties and supersedes
all prior negotiations, representations and agreements, whether written or oral.
D. Severability
Should any portion of this MOU be judicially determined to be illegal and
unenforceable, the remainder of the MOU shall continue in full force and effect,
and either party may renegotiate the terms affected by the severance.
E. Sovereign Immunity
The Sheriff and Alachua County and their respective governing bodies do not
waive their sovereign immunity by entering into this MOU, and each fully retains
all immunities and defenses provided by law with respect to any action based on
or occurring as a result of this MOU.
F. Third Party Beneficiary Rights
The parties do not intend to create in any other individual or entity the status of a
third party beneficiary, and this MOU shall not be construed so as to create such
AGENDA ITEM # 8G
SEPTEMBER 12, 2011
status. The rights, duties and obligations contained in this MOU shall operate
only between the parties to this MOU, and shall inure solely to the benefit of the
parties to this MOU. The provisions of this MOU are intended only to assist the
parties in determining their obligations under this MOU. The parties to this MOU
intend and expressly agree that only parties signatory to this MOU shall have any
legal or equitable right to seek to enforce this MOU, to seek any remedy arising
out of the party's performance or failure to perform any term or condition of this
MOU, or to bring an action for the breach of this MOU.
VI. NOTICE AND CONTACT
A. All notices provided under or pursuant to this Agreement shall be in writing,
either by hand delivery, or first class, certified mail, return receipt requested, to
the representative identified below at the address set forth below and said
notification attached to the original of this MOU.
B. The name and address of the Sheriff's representative responsible for the
administration of this MOU:
Kelly L. Amerson
Alachua County Sheriff's Office
2621 S.E. Hawthorne Rd.
Gainesville, FL 32641
T: 352- 367 -4031
F: 352- 374 -1873
kamerson @alachuasheriff.org
C. The name and address of Atlantic Beach Police Department representative
responsible for the administration of this MOU is:
Lieutenant Tiffany Layson
Atlantic Beach Police Department
850 Seminole Road
Atlantic Beach, FL 32233
T: 904 - 247 -7876
F: 904 - 247 -5899
tlayson @coab.us
D. In the event that different representatives or addresses are designated by either
party after execution of this MOU, notice of the name, title and address of the
new representative will be rendered as provided in (VI)(A) above.
AGENDA ITEM # 8G
SEPTEMBER 12, 2011
ATTACHEMNT A
Duval
06CP -02 -BRDG
Upgrade Smartnet to Smart Zone
50
400.00
20,000.00 75555.00
Duval
06CP -02-BRDG
TRUNKING SOFTWARE
50
300.00
15,000.00
Duval
06CP -02 -BRDG
Trunking 9600 Baud Flashport
12
415.00
4,980.00
Duval
06CP -02 -BRDG
3600 /9600Interop Flashport
12
500.00
6,000.00
Duval
06CP -02 -BRDG
Smartzone Upgrade
25
400.00
10,000.00
Duval
06CP -02 -BRDG
SmartzoneE Omnilink Oper
25
200.00
5,000.00
Duval
06CP -02 -BRDG
Project 25 9600 Baud Trunking
25
300.00
7,500.00
Duval
06CP -01 -PORT
Portable Radios
2
3,537.50
7,075.00
AGENDA ITEM # 8G
SEPTEMBER 12, 2011
VII. SIGNATURES
In witness whereof, the parties to this MOU through their duly authorized representatives
have executed this MOU on the days and dates set out below, certify that they have read,
understood, and agreed to the terms and conditions of this MOU as set forth herein.
The effective date of this MOU is the date of the signature last affixed to this page.
Sadie Darnell, Sheriff Date
Alachua County
Approved as to Form and Legality
Cynthia Weygant, General Counsel Date
Alachua County Sheriff's Office
Jim Hanson, City Manager
City of Atlantic Beach
Date
Mike Classey, Chief of Police Date
Atlantic Beach Police Department