HomeMy WebLinkAboutMemo of UnderstandingMEMORANDUM OF UNDERSTANDING
FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING
FOR FLORIDA URBAN SEARCH AND RESCUE TASK FORCES
FROM 2005 DOMESTIC PREPAREDNESS GRANT STATE HOMELAND SECURITY GRANT PROGRAM
THIS AGREEMENT is entered into by and between the City of Miami ("Local Government
Unit") and Florida Department of Financial Services, Division of State Fire Marshal ("SFM").
WHEREAS, the U.S. Department of Homeland Security, Office of Domestic Preparedness
("ODP") has made available 2005 Domestic Preparedness Grant funds to the Florida Department of
Financial Services, Division of State Fire Marshal, as the State of Florida's State Administrative Agency
for Fire -Rescue under federal grant guidelines, which funds are designated to be used for planning,
equipment, training, exercise and management and administrative Purchases and activities in
Domestic Preparedness.
WHEREAS, the 2005 Homeland Security Grant Program ("SHSGP"), is a portion of the 2005
Domestic Preparedness Grant and provides funds to enhance the capability of State and Local
Government Units to prevent, deter, respond to, and recover from incidents of terrorism.
WHEREAS, the 2005 Domestic Preparedness Grant guidelines require that, if the State
disburses a portion of said grant funds to a local government unit, the State must enter into a
Memorandum of Understanding with the Local Government Unit, specifying the amount of funds to be
disbursed by the State for the below identified training; and
WHEREAS, the State and the Local Government Unit have utilized the State of Florida's State
Homeland Security Strategies as the basis for the allocation of 2005 SHSGP funds to meet prioritized
needs to enhance and refine their preparedness efforts, and have received state and federal approval
for the allocation and expenditure of said funds as designated herein,
NOW THEREFORE, the parties agree to the following terms:
1. The Local Government Unit requests the State, through the Department of Financial Services,
Division of State Fire Marshal, to disburse the amount of no less than $89,569.55 (Grant Fund
Amount"), as the portion of the Local Government Unit's allocation of the SHSGP portion of the
2005 Domestic Preparedness Grant.
2. The Department of Financial Services, Division of State Fire Marshal, representing the State in
its administration of the 2005 SHSGP grant funds, agrees to disburse the Grant Fund Amount
to Task Force 2 to provide funding in the amount of no less than $89,569.55 for training in
SFM approved US&R training courses.
3. The Local Government Unit agrees that unless the Local Government Unit is a state agency or
subdivision, the Local Government Unit shall be solely responsible to parties with whom it shall
deal in carrying out the terms of this Memorandum of Understanding, and shall save the
Department harmless against all claims of whatever nature by third parties arising out of the
performance of work under this Memorandum of Understanding. For purposes of this
Memorandum of Understanding, the Local Government Unit agrees that it is not an employee
or agent of the Department, but is an independent contractor.
4. Any Local Government Unit who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat„ agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for
its negligent acts or omissions or tortious acts which result in claims or suits against the
Department, and agrees to be liable for any damages proximately caused by said acts or
omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Local
Government Unit to which sovereign immunity applies. Nothing herein shall be construed as
consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
Page 1 of 3 Pages
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5. The Local Government Unit agrees that all notices provided under or pursuant to this
Memorandum of Understanding shall be in writing, either by hand delivery, or first class,
certified mail, return receipt requested, to the contract representative identified below at the
address set forth below and said notification attached to the original of this Memorandum of
Understanding.
6. The Local Government Unit shall use the funds provided to it under this Memorandum of
Understanding ("the eligible training") for the purpose specified in the Florida Strategy, and
specifically agrees to:
a) Upon notification by the SFM, the Local Government Unit shall respond to any and all
incidents either within its regional response area, or as designated within the State
Emergency Response Plan, with all eligible equipment, and any and all other
resources which it has, for so long as the Memorandum of Understanding remains in
effect, or as may be agreed upon under the Florida Strategy. It is understood by both
parties that State of Florida US&R system commitments will not conflict with FEMA
commitments or responses.
b) Use sustainment funding for equipment that was previously purchased with ODP funds
only (if applicable).
c) Submit all appropriate reimbursement requests by May 1, 2006.
7. This Memorandum of Understanding is effective upon its execution by the parties and may be
modified only in writing with execution by both parties. This Agreement terminates on June 30,
2006, or earlier a) as otherwise stated herein, b) as agreed to by the parties, or c) as otherwise
required by law or by state or federal guidelines.
8. This Memorandum of Understanding contains all the terms and conditions agreed upon by the
parties.
Name and address for the Department contract managers for this Memorandum of Understanding is:
Contract/Financial Activities::
John J. Delorio, II — CFO, EFO, MIFireE
Division of State Fire Marshal
Bureau of Fire Standards and Training
11655 NW Gainesville Road
Ocala, Florida 34482-1486
Email: john.deiorio@fldfs.com
Programmatic Activities:
Dave A. Casey, Bureau Chief
Division of State Fire Marshal
Bureau of Fire Standards and Training
11655 NW Gainesville Road
Ocala, Florida 34482-1486
Email: dave.casey@fldfs.com
The name and address of the representative of the Local Government Unit responsible for the
administration of this Memorandum of Understanding is:
Name and Title: Joe Zahralban — City of Miami Fire Rescue
Address: 444 SW 2nd Avenue
City/State/Zip Miami, FL 33130
Phone Number: 786-256-5118
Email: usar c(�ci.rniami.fI.us
The parties agree to comply with state and federal guidelines in the allocation, expenditure and
reporting of the use of the Grant Fund Amount.
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WHEREFORE, the parties hereto have caused this Memorandum of Understanding to be executed by
their undersigned officials as duly authorized.
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Printed Name of Agency OffIP--2of0"
Date
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF STATE FIRE MARSHAL
Nme of Agency
Signature of Agency Official
Lisa Miller, Chief of Staff, Department of Financial Services
Printed Name of Agency Official
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Date
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