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MEMORANDUM OF AGREEMENT - VOLUNTARY PURCHASING AGREEMENTco 0_45;:?;o MEMORANDUM OF AGREEMENT This agreement is made and entered into thisj ''c of , 2007, between the Clearwater 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 avoid duplication of efforts; and WHEREAS, Gary E. Perkins, Executive Director of the Florida Sheriffs Association 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 will 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 be procured and used for counter-drug related activities. 10_ The 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 Statutes, 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 may terminate, without notice, this Agreement of 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 that 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. A two and one half (2.5) percent administrative fee will be assessed on all purchases through the FLCDPP office, and will be included on the invoice for materials purchased. • 14. This Agreement shall take place effect upon signing by both parties. 15. Notices required under this Agreement shall be sent to the following: For: Clearwater Police Department For FLCDPP: Peggy Goff Florida 1122 Program Manager State Point of Contact (SPOC) Florida Counter-Drug Procurement Program P. O. Box 12519 Tallahassee, FL 32317-2519 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective the date first written above. FLCDPP: P P-g-g24yy G ff Florida Counter-Drug Procurement Program Florida State 1122 Program Manager For Clearwater Police Print Name: Sid Klein Title: Chief of Police Attested: Glenda Travis Florida Counter-Drug Procurement Program Florida State 1122 Program Coordinator Attested: 11/05/2007 15:14 7275624436 PAGE 02 CITY OF CLEARWATER POST Orr1c:E Box 4748, 01,E RWATrR, FLORMA 33758-4748 C.I.t;ARWATER POLICE DE'PARTMLNT, 645 11inCE 5TRttt:'t', G r:ARWATr:R, FLORIDA 33756 Tr_I.EPIioNr (727 562-4330 OFFIC1, OF THP C NIFT of Pot.1CE November 7, 2007 Ms. P, gam'' Goff Florida Counter-Drug Procurement Program Post Office Box 12519 Tallahassee, Florida 323.17-2519 RE: Certification Request - Section 1122, Law Enforcement Purchase Program Dear Ms. Goff: The Clearwater Police Department is requesting certification. to p,)rticipate in the Section. 1122 Law Enforcement Equipment Purchase Program. Our agency is located. at 645 Pierce Street, Clearwater, Florida 33756. The Clearwater Community is considered an urban area that is located on Florida's West Coast. Clearwater is 26 square miles in area and the second largest municipality in Pinellas County. It is also the seat of county government. Clearwater has a permanent population of approximately 110,000 while an estimated 20,000 seasonal residents, and thousands more either work, shop, or commute within the City limits every day. The Clearwater Police Department employs 259 sworn officers and 158 civilian employees. The Vice and Narcotics Unit presently has six (6) full time narcotics investigators, one (1) full time investigator is assigned to the Drug Enforcement Administration (DEA) Tampa District Office Task Force I and anc•th.er full time investigator is assigned. to the Pinellas County High Intensity Dnig Trafficking Area (HIDTA) group. The Vice and Narcotics Unit is supplemented wi.1.h 21 full time community policing officers assigned to high crime and drug areas. Additionally, the Clearwater Police Department employs a 21-member part time tactical SWAT team and one (1) full time gang investigator. The Clearwater Police Department takes a very proactive approach to drug enforcement within the city of Clearwater and the Tampa Bay ar,;a. Most common illegal narcotics encountered is powder cocaine, crack cocaine, niarijuana and prescription abuse/fraud. In the past, Clearwater was chosen a.,i a Weed and Seed ?.. site and although the initial funding has since expired, we have continued to partner G) " EQ1IA1. 1"WIMAIEN1 ANI) A1+1NMA'Hvh: A(1'1(m FAN.om(" 11/05/2007 15:14 7275624436 PAGE 03 Letter to: Ms. Peggy Goff Florida Counter-Drug Procurement Program Dated: November 7, 2007 Pa :2 with the Tampa DEA and the United States Attorney's office to target our most violent drug offenders. We also received a grant through the Violent Crime and Drug Control Council (VCDCC), to dismantle a high profile drug organization operating in our city. We also work very closely with the Pinellas County HIDTA group, recognizing that Clearwater as well as the surrounding area is affected by the drug epidemic. The Clearwater Police Department will assure that any property received/ acquired under the provisions of Section 1122 of the Defense Appropriations Act of 1990/94 will be properly operated, maintained and secured. I authorize the Clearwater Police Department to procure equipment/ supplies in accordance with appropriate instructions and directives furnished by the Florida Counter-Drug Procurement Program (FLCDPP). Captain Donald Hall, Support Services Division Commander, has been appointed and is authorized to requisition/ sign, acknowledge receipt, and approve payment for equipment/ supplies, on behalf of the Clearwater Police Department. Captain Donald Hall will also maintain documentation concerning the disposition of the items acquired. This documentation will be available for review, on derrand, to the FLCDPP Coordinator or his/her designee. Captain Donald Hall may be contacted at (727) 562- 4187, Donald.Hall@myclearwater.com, or by fax (727) 562-4198. Be assured that i will notify the FLCDPP in the event of changes i-1 requesting/ accountable officer and certify that the Clearwater Police Department is eligible to participate in the Florida Counter-Drug Procurement Program. Sincerely, SID KLEIN Chief of Police MJS/kso CC: Captain Donald Hall r?