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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