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Home My WebLink AboutMemorandum of AgreementMEMORANDUM OF AGREEMENT This Agreement is entered into this'9}k day of ML 2012, by and between the Sheriff of Palm Beach County, Florida, herein referred to as "SHERIFF" and The City of Miami Police Department herein referred to as "AGENCY". WHEREAS, the SHERIFF is a constitutional officer of the State of Florida, whose offices are at 3228 Gun Club Road, West Palm Beach, Palm Beach County, Florida, and the AGENCY is a political sub -division; and WHEREAS, the SHERIFF will act in the capacity as the fiduciary and fiscal agent for the Region 7 Regional Drug Enforcement Strike Force (RDESF); and WHEREAS, the Florida Department of Law Enforcement will provide $213,649 in funding for the Region 7 Regional Drug Enforcement Strike Force; and WHEREAS, the AGENCY is eligible to receive reimbursement funding approved by the Co -Chairs of the Region 7 RDESF for activities associated with the investigation and prosecution of crimes related to prescribed controlled substances. NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: Article 1. Purpose This agreement delineates the responsibilities of the AGENCY for activities under the Region 7 Drug Enforcement Strike Force. Article 2. Scope of Work The scope of this Agreement is to provide reimbursement to participating agencies for expenditures associated with approved RDESF operations. Article 3. AGENCY agrees to: A. Complete the Funding Request for Reimbursement Application and submit it to SHERIFF's Contact Person, Janet Cid, for review and processing as stipulated in the Application Instructions. B. Submit all necessary supporting documentation such as payroll records, invoices, proof of payments, and any other documents supporting the expenses to be reimbursed. C. Comply with the standard conditions of the FDLE Sub -grant Award, attached as Attachment "A". D. Cooperate with any audits conducted by FDLE or external auditors to comply with the grant requirements. E. Report any Program Income generated through participation in an approved RDESF operation, to the SHERIFF's Contact Person, Janet Cid, which includes assets seized and subsequently awarded by the court as forfeiture funds as well as the proceeds of any property seized for Forfeiture. 1 F. Be responsible for handling, managing, and accounting for the assets seized within their respective jurisdiction, and for any Forfeiture proceeding relating to those seized assets. G. Collect and submit data for the FDLE's Quarterly Performance Report. Article 4. SHERIFF agrees to: A. Review the reimbursement claim and all supporting documentation received from the AGENCY to verify that expenditures conform to FDLE's approved grant budget. Upon verification and approval, the SHERIFF will send the AGENCY'S approved claim to the SHERIFF's Finance Department for payment. Claims will normally be paid within thirty (30) days following the SHERIFF Representative's submittal. Claims not approved will be returned to the AGENCY for correction and resubmittal. B. Reimburse the AGENCY for the amount approved by the RDESF Co -Chairs when properly submitted claim requests have been approved by the SHERIFF's Representative. Article 5. Term of Agreement and Obligation to Pay A. The term of this agreement commences upon execution by the AGENCY and SHERIFF and terminates on June 30, 2012, unless otherwise extended by the Florida Department of Law Enforcement. B. The Suit H;RIFF's performance and obligation to pay under this Agreement will be in accordance with the requirements and/or special conditions, including the terms, conditions, certifications and other requirements contained in "Attachment A". Article 6. Indemnification Each party to this Agreement shall be liable for its own actions and negligence and, to the extent permitted by law, the SHERIFF shall be responsible to the AGENCY for any actions, claims or damages arising out of the SHERIFF's negligence in connection with this Agreement, and the AGENCY shall be responsible to the SHERIFF for any actions, claims, or damages arising out of the AGENCY's negligence in connection with the Agreement. The foregoing shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, or of any defense available to either party. Article 7. Liability The SHERIFF recognizes its liability for certain tortious acts of its agents, officers, and employees to the extent and limit in 768.28 Florida Statutes, the State of Florida's partial waiver of sovereign immunity. Provided, however, this provision shall not be construed as a waiver of any right of defense that the SHERIFF may possess and SHERIFF reserves all such rights as against any and all claims that may be brought under this Agreement. 2 The AGENCY recognizes its liability for certain tortious acts of its agents, officers, and employees to the extent and limit in 768.28 Florida Statutes, the State of Florida's partial waiver of sovereign immunity. Provided, however, this provision shall not be construed as a waiver of any right of defense that the AGENCY may possess and AGENCY reserves all such rights as against any and all claims that may be brought under this Agreement. Article 8. Insurance Each party warrants and represents that it is self -insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits as set forth in Section 768.28, Florida Statutes; or such monetary waiver limits that may change and be set forth by the legislature. In the event the AGENCY obtains third -party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance on self-insurance under Section 768.28, Florida Statutes, the AGENCY agrees to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage and to name the SHERIFF as an additional insured. The parties agree to maintain or to be self -insured for Worker' s Compensation & Employer's Liability insurance in accordance with Florida Statute 440. In the event that any coverage is terminated, canceled, or modified for any reason, the SHERIFF shall be given immediate written and verbal notice. Article 9. Non -Discrimination The Parties shall not discriminate on the basis of race, age, religion, color, gender, national origin, marital status, disability or sexual orientation. Article 10. Modifications of Work This Agreement or the Scope of Work may be modified or amended only by mutual written consent of the AGENCY and the SHERIFF. Article 11. Relationship of the Parties The Parties hereto acknowledge that their relationship is that of independent contractors. No employee of either party shall be deemed an employee of the other party. Nothing contained herein shall be construed to create a partnership or joint venture between the Parties. Article 12. No Third Party Beneficiaries This Agreement and the provisions hereof are for the exclusive benefit of the Parties hereto and their affiliates and not for the benefit of any third person, nor shall this Agreement be deemed to confer or have conferred any rights, express or implied, upon any other third person. 3 Article 13. Notices Any notices to be provided hereunder shall be in writing and given by personal service, mailing the same by United States certified mail, return receipt requested, and postage prepaid or a nationally recognized overnight carrier, addressed as follows: If to SHERIFF to: With a copy to: Ric L. Bradshaw Palm Beach County Sheriff's Office 3228 Gun Club Road West Palm Beach, Florida 33406 George Forman, Deputy Director Palm Beach. County Sheriff's Office 3228 Gun Club Road West Palm Beach, Florida 33406 With a copy to: Janet Cid Section Manager -Grants & Contracts Palm Beach County Sheriff's Office 3228 Gun Club Road West Palm Beach, Florida 33406 If to AGENCY to: Manuel Orosa Chief of Police Miami Police Depai tinent 400 NW 2 Ave Miami, Florida 33128 With a copy to: Detective Lizlinda Bremer Grant Coordinator Miami Police Depat tuient/CSU Pharmaceutical Diversion Taskforce 1701 NW 30 Ave Miami, Florida 33125 4 Article 14. Severability The invalidity or unenforceability of any provision or clause hereof shall in no way effect the validity or enforceability of any other clause or provision hereof. Article 15. Waiver and Delay No waiver or delay of any provision of this Agreement at any time will be deemed a waiver of any other provision of this Agreement at such time or will be deemed a waiver of such provision at any other time. Article 16. Assignment; Binding Agreement Neither party shall assign this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld or delayed. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns. Article 17. Governing Law and Venue This Agreement shall be construed in accordance with the laws of the State of Florida. Any dispute arising with respect to this Agreement is subject to the laws of Florida. Venue shall lie in Palm Beach County, Florida. Article 18. Entirety of Contractual Agreement The SAF,RIFF and the AGENCY agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto in accordance with Article 10-Modifications of Work. Article 19. Termination This Agreement may be terminated without cause by either party to the Agreement upon sixty (60) days written notice to the other party. 5 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date all signatures below are affixed. ATTEST: AGENCY By: By: Dated: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY ATTEST: B k gvia By: Dated: APPROVED AS TO FORM AND LEGAL S�TFFICIENCY By: Lisa . Rubin, Esq. Agency Attorney APR 0 9 2012 Manuel Or . sa — Chief of P o lice SHERIFF OF PAL : ' ACH COUNTY Ric L. Bra C • 'r his Designee 6 Memorandum of Agreement Sheriff of Palm Beach County CITY OF MIAMI, a municipal Corporation of the State of Florida ATTEST: PRISCILLA A. THOMPSONJ c M JO ' Y MARTINEZ, P.E. CI MANAGER CITY CLERK i` APPROVED AS 0/INSURANCE APPROVED AS TO FORM AND REQUIREME TS :;' CORRECTNESS: CALVIN RISK At MENT JULIE O. 131. Q 14%0 CITY ATTORNEY RNEY