Loading...
2007-086 UASI - Urban Area Security Initiative Grant FundsRESOLUTION 2007-86 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE VILLAGE AND THE PALM BEACH COUNTY SHERIFF'S OFFICE RELATING TO THE RECEIPT OF URBAN AREA SECURITY INITIATIVE GRANT FUNDS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Fort Lauderdale Urban Area Security Initiative (UASI) has awazded the Village a non-matching grant in the amount of $8,000.00, as administered by the Palm Beach County Sheriff's Office; and WHEREAS, through the adoption of the Resolution 2007-78, the Village Council certified that the grant funds would be used in accordance with the requirements of the grant award; and WHEREAS, as a condition to receipt of such funds, the Village is required to execute an Interlocal Agreement with the Palm Beach County's Sheriffs Office outlining the conditions under which the Village shall be reimbursed. NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE • OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing `whereas" clauses are hereby ratified and incorporated herein. Section 2. The Village Council hereby approves the Interlocal Agreement between the Village and the Palm Beach County Sheriffs Office relating to the Village's receipt of UASI grant funds, a copy of which is attached hereto and incorporated herein by reference, and authorizes the Mayor and Village Clerk to execute same on behalf of the Village. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 13th DAY OF SEPTEMBER, 2007. (Village Seal) ATTEST,:.. ~ _~~~~~~~ ~~~ 7~~ VILLAGE CLE AN INTERLOCAL AGREEMENT BETWEEN THE SHERIFF'S OFFICE OF PALM BEACH COUNTY, FLORIDA, HEREIN REFERRED TO AS "SHERIFF" AND NORTH PALM BEACH PUBLIC SAFETY OF PALM BEACH COUNTY, FLORIDA, HEREIN REFERRED TO AS"AGENCY" WHEREAS, Part 1 of Chapter 163 of the Florida Statutes permits public agencies as defined therein to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies shaze in common and which each might exercise separately; and WHEREAS, the federal government created the Ft. Lauderdale Urban Area Security Initiative (UASI) which consists of the core cities of Fort Lauderdale, Miramar, Hollywood, Pembroke Pines, and Miami Gardens; and WHEREAS, the Ft. Lauderdale UASI invited the Palm Beach County Board of County Commissioners and the Sheriff of Palm Beach County to participate in the Ft. Lauderdale UASI as equal partners with its core cities; and WHEREAS, the Ft. Lauderdale UASI has identified the City of Miramaz as its fiscal agent in all dealings related to the UASI; and WHEREAS, the Ft. Lauderdale UASI, through the City of Miramaz, will provide $1,684,487 (One Million Six Hundred Eighty-Four Thousand Four Hundred Eighty- Seven Dollars) as a portion of the UASI funds to the SHERIFF as asub-grantee; and WHEREAS, North Palm Beach Public Safety has been identified as a recipient of $8,000.00 of the funds granted to Palm Beach County. 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 FY2006 Urban Area Security Initiative (UASI) which was made available by the U.S. Department of Homeland Security, through the Office for Domestic Preparedness and the State of Florida. Article 2. Scone The provisions of this agreement apply to FY2006 UASI activities to be performed at the request of the federal government, and in conjunction with, prepazation for, or in anticipation of, a terrorist event. Rev.4.B (10/06) No provisions of this agreement limit the activities of AGENCY in performing local and state functions. Article 3. North Palm Beach Public Safetv agrees to: A. Submit a detailed budget conforming to the Scope of Work (Attachment 1) prior to initiating any work or purchase of equipment, goods, or services. B. Submit a Resolution from the AGENCY that the AGENCY complies with the requirements identified/established by the National Incident Management System (NIMS) and the National Response Plan (NRP). C. Comp]y with reporting requirements identified in Attachment 2. D. Maintain the items purchased in working order for the life of the items. E. If appropriate, provide the purchased items to the UASI for mutual aid allocation to other governmental agencies within the UASI region. F. Complete the project as soon as possible and no later than the termination date set forth herein. G. Submit a Final Invoice. In order for both parties to close their books and records, the AGENCY will clearly state "final invoice" on the AGENCY's final/last billing to the SHERIFF. This shall constitute AGENCY's certification that all services have been properly performed and all charges and costs have been invoiced to Palm Beach County. Any other charges not properly included on this final invoice are waived by the AGENCY. H. Not pledge the SHERIFF'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The AGENCY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. I. Maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) yeazs after completion or termination of this Agreement. The SHERIFF shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the AGENCY's place of business. J. Comply with the requirements of the UASI Grant Program FY 2006 and the terms, conditions, certifications and other requirements contained in the Federally- Funded Subgrant Agreement between the State of Florida, Division of Emergency Management, and the City of Miramar, attached hereto as "Attachment 3", including but not limited to budget authorizations, required accounting and reporting on fund usage, use of funds only for the intended purpose, and tracking of federally funded assets. Rev.4.B (10/06) 2 Article 4. Palm Beach Countv agrees to: A. Review invoices received from the AGENCY to verify that services have been rendered in conformity with the Agreement. Approved invoices will then be sent to the UASI fiscal agent for review and approval. Upon approval by the UASI, the SHERIFF will send the AGENCY'S approved invoice to the SHERIFF'S Finance Department for payment. Invoices will normally be paid within thirty (30) days following the SHERIFF representative's submittal. Invoices not approved will be returned to AGENCY for correction and resubmittal. B. Reimburse AGENCY an amount not to exceed $ 8,000.00 when properly invoiced requests have been approved by the UASI. Article 5. Term of Agreement and Obligation to Pav A. The term of this agreement commences upon execution by the AGENCY and SHERIFF and terminates on January 31, 2008 unless otherwise extended upon the written agreement of each party. B. The SHERIFF'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 3". Article 6. Liability Each party to this Agreement shall be liable for its own actions and negligence and, to the extent permitted by law, SHERIFF shall be responsible to the AGENCY for any actions, claims or damages arising out of SHERIFF'S negligence in connection with this Agreement, and AGENCY shall be responsible to SHERIFF for any actions, claims, or damages arising out of 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. Indemnification The SHERIFF recognizes its liability for certain tortuous 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 maybe brought under this Agreement. The AGENCY recognizes its liability for certain tortuous 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 Rev.4.B (10/06) 3 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 The Parties will maintain the following insurance policies during the term of this Agreement: The Parties warrant that they aze self-insured and agree to maintain general liability insurance as required by law. The AGENCY further agrees to provide the SHERIFF with a copy of said insurance certificate. 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, SHERIFF, and the UASI fiscal agent. 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. 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: Ric L. Bradshaw Palm Beach County Sheriff's Office 3228 Gun Club Road Rev.4.B (10/06) West Palm Beach, Florida 33406 With a copy to: Colonel Joe Bradshaw, Esq. Department of Legal Affairs Palm Beach County Sheriff's Office 3228 Gun Club Road West Palm Beach, Florida 33406 If to AGENCY to: Stephen Canfi el d Director of Public Safety Village of North Palm Beach 560 U.S. Highway 1 North Palm Beach FL 33408 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 Delav 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. Rev.4.B (10/06) Article 18. Entirety of Contractual Agreement The SHERIFF and 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 maybe 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. Rev.4.B (10/06) IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed by their duly authorized officers. ATTEST: (AGENCY), FLORIDA By: __By: Melissa Teal, (Agency) Clerk Ed i ssey > (Agency) ayor Dated: ~6D~6E1Z ~~ a7d~ 7 ~ ~~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY Len Rubi rb (Agency) Attorney ATTEST: SHERIFF By: By: Dated APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: 4A. Colonel Joe Bradshaw, Esq. BEACH Ric L. Bradshaw Rev.4.B (10/06)