HomeMy Public PortalAbout2018-24 Authorizing the purchase and sustainment of equipment and training from the 2017 UASI ProgramRESOLUTION NO. 2OI8-24
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF
THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNEO FLORIDA AUTHORIZING TIIE PURCHASE
AND SUSTAINMENT OF EQUIPMENT AND TRAINING
FROM THE 2OI7 URBAN AREAS SECURITY INITIATTVE
PROGRAM; APPROVING TIIE MEMORANDUM OF
AGREEMENT F'OR AN URBAN AREAS SECURITY
INITIATIVE PROGRAM BETWEEN TIIE CITY OF
IVIIAMI AND TIIE VILLLAGE F'OR THE PURPOSE OF
CARRYING OUT FY}OI7 URBAN AREAS SECURITY
INITIATIVE PROGRAM OBJECTIVES; PROVIDING FOR
AUTHORIZATION AND IMPLEMENTATION; AND
PROVIDING F'OR AN EFFECTIVE DATE.
\ilHEREAS, the Village of Key Biscayne (the "Village") has identified equipment and
sustainment needs that have been included in the local Urban Areas Security Initiative Program
("UASI") spending plan, which offers funds for the payment of such equipment and training, as
well as the sustainment of the equipment and trainings accessible through the Florida Division of
Emergency Management; and
WHEREAS, the attached Memorandum of Agreement (the "Agreement") between the
City of Miami ("City") and the Village (the "Village") provides for carrying out the FY 2017
UASI objectives as part of a Homeland Security initiative; and
WHEREAS, the Village Council finds that approval of the Agreement is in the best
interest of the Village.
NO\il, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Agreement Approved. That the Agreement, in substantially the form
attached hereto as Exhibit "A", is hereby approved, subject to approval by the Village Attomey
as to form, content, and legal sufficiency.
Section 3. Purchase of Equipment and Training Authorized. Source of Funds.
That pursuant to the Agreement, the purchase of equipment and training to sustain the current
level of equipment acquired and training conducted in previous years, in an amount not to
exceed Fifteen Thousand Four Hundred Twenty-Six Dollars and Forty-Eight Cents ($15,426.48)
is hereby approved.
The purchase shall be made from governmental contracts pursuant to Village Code
Section 2-86. The source of funds for the purchase shall be UASI grant funds on a
reimbursement basis, as described in the Agreement; and any changes in the description of the
purchased equipment shall be authorized by the Village Fire Chief and shall be in accordance with
the terms of the Agreement and UASI grant terms.
Section 4. Autho and Imnlementation. That the V illage Manager is hereby
authorized to execute the Agreement, on behalf of the Village, and take any action which is
necessary to implement the purposes of the Agreement and this Resolution.
Section 5. Effective Date. That this Resolution shall take effect immediately upon
adoption hereof.
PASSED AND ADOPTED this 5tr day of June,2018
/þ1 Cn t,-I
MÀRô Þpñr u.ldsAY, MAYol.
A
INA,
APPROVED AS TO FORM AND LEGAL SUFFI
VILLAGE ATTORNEY
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EXHIBIT "A"
MEMORANDUM OF AGREEMENT
URBAN AREA SECURITY INITIATIVE FY 2017
"Villaqe of Kev Biscavne"
Agreement Number: 1 7-DS'-X3-1 I -23-02-
FAIN Number: EMW-2017-5S-00061
CFDA #: 97.067
This Agreement is entere dintothis{day of 2018, by and between the
City of Miami, a munìcipal corporation of the State of Florida, (the "Sponsoring Agency") and the Village of
Key Biscayne, (the "Participating Agency").
RECITALS
WHEREAS, the U.S. Department of Homeland Securíty ("USDHS") is providing linanciai assistance
to the Miami urban area in the amount $4,921,000 dollars through the Urban Area Security lnitiative ("UAS|')
Grant Program 2017; and
WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program
2017; and
WHEREAS, as the USDHS requires that the urban areas selected for funding take a regional
metropolitan area approach to the development and implementaiion of the UASI Grant Program 2A17 and
involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and
WHEREAS, the 2017 Urban Area has been defined Miami and Ft. Lauderdale collectively and
anticipates sub-granting a portion of the UASI funds in accordance with the grant requirements; and
WHEREAS, the City of Miami Commission, by Resolution No. R-'18-0049, adopted on February
qth. 2018. has authorized the City of Miami Manager to enter into this Agreement with each participating
agency on behalf of the City of Miami; and
WHEREAS, the Sponsoring Agency wishes to work with the participating agencies through the
Urban Area Working Group process to enhance Miami and its surrounding jurisdictions ability to respond to
a terrorist threat or act.
NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follow
D
I. PURPOSE
A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies
for activities under the UASI Grant Program 2017 which was made available by the USDHS and the
State of Florida Ðivision of Emergency Management ("FDEM").
B. This Agreement seryes as the Scope of Work between the Participating Agency and the Sponsoring
Agency.
ll, scoPE
A. The provisions of this Agreement apply to UASI Grant Program 2017 activities to be performed at the
request of the federal government, provided at the option of the Sponsoring Agency, and in conjunction
with, preparation for, or in anticipation of, a major disaster or emergency related to terrorism and or
weapons of massdestruction.
B. No provision in this Agreement limits the activities of the Urban Area Workíng Group or its Sponsoring
Agency in perform ing local and state functions.
III. DEFINITIONS
A. Criticallnfrastructure: Anysystemorassetthatifattackedwouldresultincatastrophiclossoflifeand/or
catastrophic economic loss management of resources (including systems for classifying types of
resources); qualifications and certification; and the collection, tracking, and repoftíng of incident
information and incidentresources.
B. Core County. The County within which the core city ls geographically located, in this instance, the core
county is Miami-Dade County. The core city is the City of Miami.
C. UASI Grant Program 2017.The UASI Grant Program 2017 reflects the intent of Congress and the
Administration to enhance and quantify the preparedness of the nation to combat terrorism and
continues to address the unique equipment, training planning, and exercise needs of large high threat
urban areas, and program activities m ust involve coordination by the identified core city, core
county/counties, and the respective State Administrative Agency Funding for the UASI Grant Program
2017 was appropriated by U,S. Congress and is authorized by Public Law 108-11 the Emergency
Wariime Supplemental Appropriations Act,2003. The funding will provide assistance to build an
enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism
for the selected urban areas.
National lncident Management System ("NlMS"): This system will provide a consistent nationwide
approach forfederal, state, and localgovernments to work effectively and efficiently together to prepare
for, respond to, and recoverfrom domestic incidents, regardless of cause, size, orcomplexity. To
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provide for interoperability and compatibility among Federal, State, and localcapabilities, the NIMS will
include a core set of concepts, principles, terminology, and technologies covering the incident
command system; multi-agency coordination systems; unified command and training.
E. Urban Area Working Group ("UAWG"): The State Administrating Agency Point of Contact ("SAA POC')
must work through the Mayor/CEOs from all other jurisdictions within the defined urban area to identifu
POCs from these jurisdict¡ons to serve on the Urban Area Working Group. The Urban Area Working
Group will be responsible for coordinating development and implementation of all program elements,
including the urban area assessment, strategy development, and any direct services that are delivered
by the grant,
F. Urban Area: An urban area is limited to inclusion of jurisdictions contiguous to the core city and
countylcounties, or with which the core city or county/counties have established formal mutual aid
ag reem ents
IV. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the City of Miami Fìre-Rescue Department,
authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency.
B. Coordinating with named counties and cities, with the respective State Adminístrative Agency, and with
the FDEM and USDHS.
C. Conducting a comprehensive Urban Area Assessment, which will in turn guide the development of an
Urban Area Homeland Security Strategy.
D. Ensuring the participation of the following critical players in the assessment and strategy development
process: law enforcement, emergency medical seruices, emergency management, the fire service,
hazardous materials, public works, governmental administrative, public safety communications,
healthcare and public health.
E. Developing a comprehensive Urban Area Homeland Security Strategy and submit to the SAA POC
F. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit#1"
G, Ensuring satisfactory progress toward the goals or objectives stipulated in "Exhibit#1"
H. Following grant agreement requirements and/or special conditions as stipulated in "Exhibit #1"
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l. Submitting required reports
V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR:
A. Providing an administratìve department, which shall be the main liaison and partner with the City of
Miami Fire-Rescue Department, authorized to carry out the herein agreed upon responsibilities of the
Sponsoring Agency.
B. Participating Agencies and any sub-grantees must abide by the grant requirements including budget
authorizations, required accounting and reporting expenditures, proper use of funds, and iracking of
assets as stipulated in "Exhibit#1".
C. Submitting monthly budget detail worksheets to the City of MiamÍ (Sponsoring Agency) on the progress
of direct purchases of equipment or services as stipulated in "Exhibit #'1".
D. Complying with all UASI Grant Program 2017 requirements as stipulated in "Exhibit#1"
E. Participating as a member of the Urban Area Working Group to include coordinating with and assisting
the Sponsoring Agency ín conducting a comprehensive Urban Area Assessment, which in turn will
guide development of an Urban Area Homeland Securiiy Strategy.
F. Ensuring the participation of the following critical players in the assessment and strategy development
process: law enforcement, emergency medical services, emergency management, the fire service,
hazardous materials, public works, governmental administrative, public safety communications,
healthcare and public health,
G. Assisting the Sponsoring Agency in development of a comprehensive Urban Area Homeland Security
Strategy.
H, Complying with the requirements or statutory objectives of federal law as stipulated in"Exhibit #1"
l. Ensuring satisfactory progress toward the goals or objectives as stipulated in "Exhibit#1"
J, Submitting required reports as prescribed by the Sponsoring Agency as stipulated in "Exhibit #1"
K. Maintaining an equipment ;nventory of UASI purchased items
Ensure that equipment obtained from the UASI Grant Program 2017, as identified in "Exhibit #2",is
readily available for use by personnel trained to use such equipment for actual emergencies or
exercises, Also, ensure that such equipment is readily available for onsite monitoring by USDHS,
F DEM, and the Sponsoring Agency. lf the Participating Agency is incapable of staffing the equipment,
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such equ¡pment shall be made available to another Participating Agency for use during any actual
emergencies or exercises. Failure to ensure equipment availability may result in loss of funding and/or
equipment to the ParticipatingAgency.
L. All equipment obtained from the UASI Grant Program 2017, as identified in "Exhibii 2", is the sole
responsibility of the receiving agency. Ihis includes, where applicable, maintenance, replacement
training on equipment, and insuring of equipment and personnel, and compliance with intra-agency
auditing requirements
VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE:
A. That funding acquired and identified for the Urban Area Security lnitiative will be administered solely
by the Sponsoring Agency.
B. The Participating Agencies will provide financial and performance reports to the Sponsoring Agency,
in a timely fashion. The Sponsoring Agency will prepare consolidated reports for submíssion to the
State of Florida as stipulated in "Exhibit 1".
C The Sponsoring Agency is not responsible for personnelsalaries, benefits, workers compensation or
time related issues of the Participating Agencypersonnel.
D The Sponsoring Agency and Participating Agency are subdivisions as defined in Section 768.28,
Florida Statutes, and each party agrees to be fully responsible forthe respective acts and omissions of
its agents or employees to the extent permitted by law Nothing herein is intended to serve as a waiver
of sovereign immunlty by any party to which sovereign immunity may be applicable. Nothing heretn
shallbe construed as consent by a municipality, state agency orsubdivision of the State of Florida to
be sued by third parties in any manner arising out of this Agreement or any othercontract.
E. This is a reimbursement grant that requires the Participating Agencies to purchase, receive, and pay
invoices in full for equipment, services, and allowable personnel costs PRIOR to submitting the same
for reimbursement to the Sponsoring Agency. Sponsoring Agency shall advise Participating Agency
as to equipment, services, and allocable personnel costs eligible for reimbursement pursuant to this
Agreement.
F. Alldocuments and records pursuantto this Agreement are subjectto Chapter 119, Florida Statutes
VII. FINANCIAL AGREEMENTS
A. Financial and Compliance Audit Report: Recipients that expend $300,000.00 or more of Federal funds
during their fiscal year are required to submit an organization-wide financial and compltance audit
report. The audit must be performed in accordance with the U.S. General Accounting Office
GovernmentAuditing Standards and 2 CFR 200
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B. USDHS and the Comptroller General of the United States shall have åccess to any books, documents,
and records of recìpients of UASlGrantProgram 20'1 7 assistance forauditandexamination purp0ses,
provided that, in the opinion of the Secretary of USDHS or the Comptroller General, these documents
are related to the receipt or use of such assistance. The grantee will also give the sponsoring agency
orthe Comptroller General, through any authorized representative, access to and the rightto examine
all records, books, papers or documents related to the grant.
C. Financial Status Reports are due withín 14 days after the end of each calendar quarter A report must
be submitted for every quarter that the award is active, including partialcalendar quarters, as well as
for periods where no grant activity occurs as stipulated in ''Exhibit1".
D. Submit progress reports to describe progress to date in implementing the grant and its impact on
homeland security ¡n the state .
E. Allfinancial commitments herein are made subject to the availability of funds and the continued mutual
agreements of the parties as identified in "Exhibit 2".
VIII. CONDITIONS, AMENDMENTS, AND TERMINAT¡ON
A The Participating Agency will not illegally discriminate against âny employee or appl¡cant for employment
on the grounds of race, color, religion, sex, age, or national origin in fulfilling any and all obligations
under this Agreement.
B. Any provision of this Agreement later found to be in conflict with Federal law or regulaiíon, or invalidated
by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law or
regulation, Any provision found inoperable is severable from this Agreement, and the remainder of the
Agreement shall remain in full force and effect.
C. This Agreement may be terminated by either party on thirty (30) days written notice to the other party
at the address furnished by the parties to one another to receive notices under this agreement or if no
address is specified, to the address of the parties' signatory executing this contract.
D. This Agreement shall be considered the full and complete agreement between the undersigned parties,
and shali supersede any prior Memorandum of Agreement among the parties, written or oral, except
for any executory obligations that have not been fulfilled.
r)
E. This Agreement will end on June 30, 2019, unless othewise extended, by a written amendment duly
approved and executed prior to June 30, 201 9, unless otherwise extended, at which time the parties may
agreetorenewtheassociation. RenewalwillbebasedonevaluationoftheSponsoringAgency's abilityto
conform toprocedures, tralning and equipment standards as prescribed bythe grant,
SPONSORING AGENCY
THE CITY OF MlAMl, a municipal
Corporation of the State of Florida
ATIESÏ
BY BY
Todd B. Hannon City
Clerk
APPROVEDASTOFORMAND
CORRECTNESS:
BY
Victoria Mendez
City Attorney
Emilio Gonzalez, Ph.D. City
Manager
APPROVED AS TO INSURANCE
REOUIREMENTS:
BY
Ann-Marie Sharpe, Director Deparlment of
Risk Management
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ATTEST:
ennifer na
Village Clerk
PARTICIPATING AGENCY
Village of Key Bíscayne, a municipal
corporation of the State of Florida
Gifbert
Manager
APPROVED AS TO FORM AND
CORRECTNESS:
lage Attorney
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"EXHIBIT 1''
To be provided at time of
execution