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HomeMy WebLinkAboutmemo of agreement`4 MEMORANDUM OF AGREEMENT This Agreement is made and entered into this 14th day of October, 2004, between the Miami Police Department, 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 Statues, 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 any 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 Police Department: John F. Timoney Police Chief Miami Police Department 400 NW 2 Ave. Miami, Florida 33128 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective the date first written above. Randy McKendree Florida Counter -Drug Procurement Program Florida State 1122 Program Manager Attested: a a Cynthia A. Lawing Florida Counter -Drug Procurement Program Florida State 1122 Program Coordinator For Miami Pc. iic artment: ohnoney }itzw lice Chief Miami Police Depart Attested: bnt NOV 3 0 2004 Maria Pedrajo Administrative Assistant III Office of the Chief Miami Police Department