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Home My WebLink About2010-299 Contract Number : 11 -NF-00-10-40-01 -506 MEMORANDUM OF UNDERSTANDING FOR EXPENDITURE OF RECIPIENT FUNDING FROM THE 2008 EMERGENCY MANAGEMENT PERFORMANCE GRANT THIS MEMORANDUM OF UNDERSTANDING (" MOU " ) is entered into by and between Indian River County (" Recipient" ) and the Florida Division of Emergency Management (" FDEM " ) . WHEREAS , the U . S . Department of Homeland Security has made available the 2008 Emergency Management Performance Grant ( EMPG ) funds to the FDEM to benefit Florida ' s County Emergency Management programs . WHEREAS , the 2008 EMPG provides funds to enhance the capability of counties within the State of Florida to prepare for, respond to, recover from and mitigate the effects of all hazards faced by the jurisdiction . WHEREAS , the federal grant guidance encourages States and subgrantees to cooperate in procurement matters to achieve greater economy and efficiency, see 44 C . F . R . § 13. 36( b)( 5 ) . WHEREAS , the 2008 Emergency Management Performance Grant guidance requires that, if the State retains a portion of said grant funds on behalf of a Recipient, the State must enter into a MOU with the Recipient, specifying the amount of funds to be retained by the State for the purchase of the below identified equipment (the Purchases ) ; and NOW THEREFORE , in consideration of the mutual promises and conditions herein contained , the parties agree to the following terms : 1 . FDEM , in its administration of the EMPG funding , agrees to retain and expend the grant funds for the Purchases on behalf of the Recipient . The total amount of the grant funds retained on behalf of the Recipient for the purchase(s ) identified below is : $4, 994.02 . 2 . The Purchases to be made by FDEM on behalf of the Recipient consist of the equipment listed on Attachment A ( collectedly the " Purchases" ) . 3 . The Purchases shall be delivered by FDEM to Recipient within 30 days after the full execution of this MOU , and the Recipient must complete and return Attachment A within 30 days thereafter confirming the receipt of the Purchases . 4 . The Recipient agrees that all notices provided under or pursuant to this MOU 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 shall thereafter be attached to the original of this MOU : The name and address for the FDEM contract manager for this MOU is : Name of Contract Manager : Jenene Helms Florida Division of Emergency Management Office of Policy and Financial Management 2555 Shumard Oak Boulevard Tallahassee , Florida 32399-2100 Phone Number: 850-413-9920 E- mail: ienene . helmsCcDem . myflorida. com Contract Number : 11 -NF-00-10-40-01 -506 MEMORANDUM OF UNDERSTANDING FOR EXPENDITURE OF RECIPIENT FUNDING FROM THE 2008 EMERGENCY MANAGEMENT PERFORMANCE GRANT THIS MEMORANDUM OF UNDERSTANDING (" MOU " ) is entered into by and between Indian River County (" Recipient" ) and the Florida Division of Emergency Management (" FDEM " ) . WHEREAS , the U . S . Department of Homeland Security has made available the 2008 Emergency Management Performance Grant ( EMPG ) funds to the FDEM to benefit Florida ' s County Emergency Management programs . WHEREAS , the 2008 EMPG provides funds to enhance the capability of counties within the State of Florida to prepare for, respond to, recover from and mitigate the effects of all hazards faced by the jurisdiction . WHEREAS , the federal grant guidance encourages States and subgrantees to cooperate in procurement matters to achieve greater economy and efficiency, see 44 C . F . R . § 13. 36( b)( 5 ) . WHEREAS , the 2008 Emergency Management Performance Grant guidance requires that, if the State retains a portion of said grant funds on behalf of a Recipient, the State must enter into a MOU with the Recipient, specifying the amount of funds to be retained by the State for the purchase of the below identified equipment (the Purchases ) ; and NOW THEREFORE , in consideration of the mutual promises and conditions herein contained , the parties agree to the following terms : 1 . FDEM , in its administration of the EMPG funding , agrees to retain and expend the grant funds for the Purchases on behalf of the Recipient . The total amount of the grant funds retained on behalf of the Recipient for the purchase(s ) identified below is : $4, 994.02 . 2 . The Purchases to be made by FDEM on behalf of the Recipient consist of the equipment listed on Attachment A ( collectedly the " Purchases" ) . 3 . The Purchases shall be delivered by FDEM to Recipient within 30 days after the full execution of this MOU , and the Recipient must complete and return Attachment A within 30 days thereafter confirming the receipt of the Purchases . 4 . The Recipient agrees that all notices provided under or pursuant to this MOU 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 shall thereafter be attached to the original of this MOU : The name and address for the FDEM contract manager for this MOU is : Name of Contract Manager : Jenene Helms Florida Division of Emergency Management Office of Policy and Financial Management 2555 Shumard Oak Boulevard Tallahassee , Florida 32399-2100 Phone Number: 850-413-9920 E- mail: ienene . helmsCcDem . myflorida. com w The name and address of the representative of the Recipient responsible for the administration of this MOU is: John King Indian River County 4225 43`d Ave Vero Beach , Florida 32967 Phone : 772-226-3859 E-mail : jkinq (d,) ircgov. com 5 . The Recipient shall use the Purchases for the purpose specified in the 2008 EMPG guidance . 6 . The Recipient shall not transfer, rent, sell , lease , alienate , donate , mortgage , encumber or otherwise dispose of the Purchases without the prior written consent of FDEM . 7 . Any Recipient which is a state agency or subdivision , as defined in Section768 . 28, Florida Statutes agrees to be fully responsible to the extent provided by Section 768 . 28 , F . S .. for its negligent acts or omissions or tortuous acts which result in claims or suites against FDEM , 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 Recipient to which sovereign immunity applies . Nothing herein shall be constructed 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 ant contract 8 . This MOU is effective upon its execution by the parties and may be modified only in writing with execution by both parties . This MOU shall expire five ( 5) years from the date of execution . 9 . This MOU and attachments contain all the terms and conditions agreed upon by the parties . IN WITNESS WHEREOF , the parties hereto have caused this MOU to be executed by their undersigned officials as duly authorized . RECIPIENT : INDIAN RIVER COUNTY FLORIDA DIVISION OF EMERGENCY MANAGEMENT : By tae. By: � Signature OW David Halstead , Director Division of Emergency Management Bob Solari , Chairman Name and Title „ MM 4u NNp Lyu M+♦ December 7 , 201 ;��d �� !�?/Ss Date o' V • rt ,� �y . Date a a s a 13 TO FORM APPROVED9 °r°tel SCR too . . . • QQ`dpo 1-o . 04OUfin 4 ou 00 NT`60p0p�' ANDERSON couNTY ATTORNEY mz C' o my A ministrator YAttest * J . K . Barton , Clerk By ®eputy clerfk w The name and address of the representative of the Recipient responsible for the administration of this MOU is: John King Indian River County 4225 43`d Ave Vero Beach , Florida 32967 Phone : 772-226-3859 E-mail : jkinq (d,) ircgov. com 5 . The Recipient shall use the Purchases for the purpose specified in the 2008 EMPG guidance . 6 . The Recipient shall not transfer, rent, sell , lease , alienate , donate , mortgage , encumber or otherwise dispose of the Purchases without the prior written consent of FDEM . 7 . Any Recipient which is a state agency or subdivision , as defined in Section768 . 28, Florida Statutes agrees to be fully responsible to the extent provided by Section 768 . 28 , F . S .. for its negligent acts or omissions or tortuous acts which result in claims or suites against FDEM , 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 Recipient to which sovereign immunity applies . Nothing herein shall be constructed 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 ant contract 8 . This MOU is effective upon its execution by the parties and may be modified only in writing with execution by both parties . This MOU shall expire five ( 5) years from the date of execution . 9 . This MOU and attachments contain all the terms and conditions agreed upon by the parties . IN WITNESS WHEREOF , the parties hereto have caused this MOU to be executed by their undersigned officials as duly authorized . RECIPIENT : INDIAN RIVER COUNTY FLORIDA DIVISION OF EMERGENCY MANAGEMENT : By tae. By: � Signature OW David Halstead , Director Division of Emergency Management Bob Solari , Chairman Name and Title „ MM 4u NNp Lyu M+♦ December 7 , 201 ;��d �� !�?/Ss Date o' V • rt ,� �y . Date a a s a 13 TO FORM APPROVED9 °r°tel SCR too . . . • QQ`dpo 1-o . 04OUfin 4 ou 00 NT`60p0p�' ANDERSON couNTY ATTORNEY mz C' o my A ministrator YAttest * J . K . Barton , Clerk By ®eputy clerfk