HomeMy Public PortalAbout2011-34 Authorizing the purchase of First Responder Training and Equipment (UASI)RESOLUTION NO. 2011-34
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF
THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, AUTHORIZING THE PURCHASE OF FIRST
RESPONDER TRAINING AND EQUIPMENT: INCLUDING
FUNDING FOR OVERTIME, COURSE INSTRUCTOR AND
SUPPLIES; APPROVING AN INTERLOCAL AGREEMENT
FOR JOINT COMPLETION OF AN URBAN AREAS
SECURITY INITIATIVE PROGRAM (THE"AGREEMENT")
BETWEEN CITY OF MIAMI AND THE VILLAGE OF KEY
BISCAYNE FOR THE PURPOSE OF CARRYING OUT
FY2009 URBAN AREAS SECURITY INITIATIVE PROGRAM
OBJECTIVES; AUTHORIZING VILLAGE MANAGER TO
EXECUTE THE AGREEMENT; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the attached Interlocal Agreement for Joint Completion of an Urban Areas
Security Initiative Program (the "Agreement") between City of Miami ("City") and the Village of
Key Biscayne (the "Village") provides for carrying out the FY 2009 urban areas security initiative
(the "UASI") program objectives as part of a Homeland Security initiative; and
WHEREAS, the Village Council desires to purchase equipment and training to further
implement the UASI program; and
WHEREAS, the Village Council finds that approval of this Resolution is in the best interest
and welfare of the Village.
NOW, 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. Interlocal Agreement Approved. That the Interlocal Agreement, in
substantially the form attached hereto, is hereby approved, and the Village Manager is hereby
authorized to execute the Agreement, on behalf of the Village, subject to approval as to form,
content, and legal sufficiency by the Village Attorney..
Section 3. Purchase of Equipment Authorized. Source of Funds. That pursuant to the
Interlocal Agreement, the purchase of Equipment to Strengthen and Protect against Chemical,
Biological, Radiological, and Nuclear threats, at a cost of Fifty Two Thousand Seven Hundred and
Fifty Nine ($52,759.00) Dollars 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 that
which is indicated in the Village Manager's Memorandum which accompanies this Resolution.
Reimbursement of such cost shall be achieved pursuant to the terms of the Interlocal Agreement.
Section 4. Implementation. That the Village Manager is hereby authorized to take any
action which is necessary to implement the purposes of the Interlocal Agreement and this Resolution.
Section 5. Effective Date. That this Resolution shall take effect immediately upon
adoption hereof.
PASSED AND ADOPTED this 6th day of December, 2011.
ATT
a/,,Api
ITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENC
2
MAYOR FRANKLIN H. CAPLAN
MEMORANDUM
VILLAGE OF KEY B SCCAYNE
Village Council
Franklin H. Caplan, Mayor
Michael E. Kelly, l 'ice Ma)DATE:
Michael W. Davey
Enrique Garcia
Robert Gusman
Mayra P.' Lindsay
James S. Taintor FROM:
TO:
I 'illage Manager RE
:
Genaro "Chip" Iglesias
Office of the Village Manager
December 6th, 2011
Honorable Mayor and Members of the Village uncil
John C. Gilbert, Interim Village Manag
Resolution of the Village Council Authorizi '- Purchase of
Equipment and Training from the Urban Areas ecurity Initiative
Program
RECOMMENDATION
The Village Attorney has prepared the enclosed Resolution providing for a Sub
Award Agreement between City of Miami and the Village of Key Biscayne allowing
for the purchase of equipment and training; not to exceed Fifty Two Thousand Seven
Hundred and Fifty Nine ($52,759.00) Dollars provided by the Urban Areas Security
Initiative (UASI) as part of a 2009 Homeland Security Initiative. Council is being
asked to approve this Resolution and Agreement.
BACKGROUND
The Village of Key Biscayne has identified equipment and training needs that have
been reviewed and included in the local UASI spending plan by the Urban Area
Work Group and approved by the Department of Homeland Security Office for
Domestic Preparedness. The Village will by fully reimbursed for the equipment and
training up to the amount identified in the Resolution. The funding through the State
of Florida Department of Community Affairs Division of Emergency Management
provides assistance to build enhance and sustainable capacity to prevent, respond
to, and recover from threats or acts of terrorism by Chemical, Biological, Radioactive,
Nuclear and Explosive (CBRNE) incidents.
88 West McIntyre Street ' Snite 210 ' Key Biscayne, Florida 33149 ' (305) 365-5500 ' Fax () 365-8936
MISSION STATEMENT: "TO PROVIDE :\ S 1FE, QUALITY (.OM\I( NlTY rNV1RON\IENT FOR \LI. ]S] ANDERS THROUGH RISPONS]BI E GOVERNMENT"
www.keybiscayme. .gow
MEMORANDUM OF AGREEMENT
FOR PARTICIPATING MIAMI UASI GRANT FY 2009 AGENCY
"Village of Key Biscayne"
This Agreement is entered into this ID day of Y1-12.__ , 2011, by and
between the City of Miami ("City"), a municipal corporatio 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 Security (USDHS) is providing financial
assistance to the Miami urban area in the amount $10,708,461.00 dollars through the Urban
Area Security Initiative (UASI) Grant Program FY 2009; and
WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant
Program FY 2009; and
WHEREAS, as the USDHS requires that the urban areas selected for funding take a
regional metropolitan area approach to the development and implementation of the UASI Grant
Program FY 2009 and involve core cities, core counties, contiguous jurisdictions, mutual aid
partners, and State agencies; and
WHEREAS, the UASI Grant Program FY 2009 has included the Village of Key Biscayne
and anticipates sub -granting a portion of the UASI funds in accordance with the grant's
requirements; and
WHEREAS, the City Commission, by Resolution No. 1 \ — cl)IQi 1 , adopted on
k5-1.1-% pot t , has authorized the City Manager to enter into this Agreement with the
Village of Key Biscayne 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 the ability to respond to respond to
a terrorist threat or act by Miami and its surrounding jurisdictions.
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Page 1 of 12
NOW THEREFORE, in consideration of the foregoing, the parties hereto agree
as follow:
I. PURPOSE
A. This Agreement delineates responsibilities of the Sponsoring Agency and the
Participating Agencies for activities under the UASI Grant Program FY 2009 which
was made available by the U.S. Department of Homeland Security and the State of
Florida Division of Emergency Management (FDEM).
B. This Agreement serves as the Scope of Work between the Participating Agency
and the Sponsoring Agency.
II. SCOPE
A. The provisions of this Agreement apply to UASI Grant Program FY 2009 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 mass
destruction.
B. No provision in this Agreement limits the activities of the Urban Area Working
Group or its Sponsoring Agency in performing local and state functions.
III. DEFINITONS
A. Critical Infrastructure. Any system or asset that if attacked would result in
catastrophic loss of life and/or catastrophic economic loss management of
resources (including systems for classifying types of resources); qualifications and
certification; and the collection, tracking, and reporting of incident information and
incident resources.
Page 2 of 12
B. Core County. The county within which the core city is geographically located. The
core city is the City of Miami.
C. National Incident Management System (NIMS). This system will provide a
consistent nationwide approach for federal, state, and local governments to work
effectively and efficiently together to prepare for, respond to, and recover from
domestic incidents, regardless of cause, size, or complexity. To provide for
interoperability and compatibility among Federal, State, and local capabilities, the
NIMS includes a core set of concepts, principles, terminology, and technologies
covering the incident command system; multi -agency coordination systems; unified
command; training; identification and
D. 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 identify POCs from these jurisdictions to serve on
the Urban Area Working Group. The Urban Area Working Group is 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.
E. UASI Grant Program FY 2009. UASI Grant Program FY 2009 refers to a grant
provided to address the unique equipment, training, planning, and exercise needs
of large high threat urban areas, and program activities involving coordination by
the identified core city, core county/counties, and the respective State
Administrative Agency. Funding for the UASI Grant Program FY 2009 was
appropriated by U.S. Congress and is authorized by Public Law 108-11, the
Emergency Wartime 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.
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F. Urban Area. An urban area is limited to inclusion of jurisdictions contiguous to the
core city and county/counties, or with which the core city or county/counties have
established formal mutual aid agreements.
IV. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the City of Miami Fire -
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
Administrative 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 services,
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.
G. Ensuring satisfactory progress toward the goals or objectives set forth in the grant
application.
H. Following grant agreement requirements and/or special conditions.
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I. Submitting required reports.
V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the Village of Key Biscayne
Fire Department who shall serve as 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. Developing sub -grants for municipalities within each county in accordance with
UASI Grant Program FY 2009 requirements. Participating Agencies and sub -
grantees must abide by the grant requirements including budget authorizations,
required accounting and reporting on fund usage, use of funds only for the
intended purpose, and tracking of federally funded assets.
C. Submitting monthly budget detail worksheets to the City of Miami on the progress
of direct purchases of equipment or services.
D. Complying with all UASI Grant Program FY 2009 requirements.
E. Participating as a member of the Urban Area Working Group to include
coordinating with and assisting the City of Miami in conducting a comprehensive
Urban Area Assessment, which in turn will guide development of an Urban Area
Homeland Security 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.
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H. Complying with the requirements or statutory objectives of federal law.
I. Ensuring satisfactory progress toward the goals or objectives set forth in the grant
application.
J. Following UASI Grant Program FY 2009 agreement requirements and/or special
conditions.
K. Submitting required reports as prescribed by the Sponsoring Agency in a timely manner.
L. Maintaining an equipment inventory of UASI purchased items.
VI. THE SPONSORING AGENY AND THE PARTICIPATING AGENCY AGREE:
A. That funding acquired and identified for the Urban Area Security Initiative 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 submission to the State of Florida.
C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers
compensation or time related issues of the Participating Agency personnel.
D. Sponsoring Agency and Participating Agency are subdivisions as defined in Section
768.28, Florida Statutes, and each party agrees to be fully responsible for the 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 immunity by any party to which
sovereign immunity may be applicable. Nothing herein shall be construed as consent by a
state agency or subdivision of the State of Florida to be sued by third parties in any
manner arising out of this Agreement or any other contract.
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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.
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 compliance audit report. The audit must be
performed in accordance with the U.S. General Accounting Office Government
Auditing Standards and OMB Circular A-133.
B. The Secretary of Homeland Security and the Comptroller General of the United
States shall have access to any books, documents, and records of recipients of
UASI Grant Program FY 2009 assistance for audit and examination purposes,
provided that, in the opinion of the Secretary of Homeland Security or the
Comptroller General, these documents are related to the receipt or use of such
assistance. The grantee will also give the sponsoring agency or the Comptroller
General, through any authorized representative, access to and the right to examine
all records, books, papers or documents related to the grant.
C. Financial Status Reports are due within 45 days after the end of each calendar
quarter. A report must be submitted for every quarter that the award is active,
including partial calendar quarters, as well as for periods where no grant activity
occurs.
D. Submit progress reports to describe progress to date in implementing the grant
and its impact on homeland security in the state.
E. All financial commitments herein are made subject to the availability of funds and
the continued mutual agreements of the parties.
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VIII. CONDITIONS, AMENDMENTS, AND TERMINATION
A. The Participating Agency will not illegally discriminate against any employee or
applicant 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
regulation, 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 modified or amended only with the written agreement of
each of the parties.
D. This Agreement may be terminated by either party on thirty (30) days written notice
to the other party.
E. This Agreement shall be considered the full and complete agreement between the
undersigned parties, and shall supersede any prior Memorandum of Agreement
among the parties, written or oral, except for any executory obligations that have
not been fulfilled.
F. This Agreement may be executed in several parts, each of which shall be
considered a valid Agreement, provided that each of the parties to the Agreement
has executed at least one (1) original copy of the Agreement and has transmitted
copy of the signature page hereof to the other parties.
G. This Agreement will end on April 30, 2012, unless otherwise extended, at which
time the parties may agree to renew the association. Renewal will be based on
evaluation of the Sponsoring Agency's ability to conform to procedures, training
and equipment standards as prescribed by the grant.
Page 8 of 12
IX. DEFAULT
A. If any of the following events occur ("Events of Default"), all obligations on part of
the Sponsoring Agency to make further payment of funds shall, if the Sponsoring
Agency elects, terminate and the Sponsoring Agency has the option to exercise
any of its remedies set forth in Section X. However, the Sponsoring Agency may
make payments or partial payments after any Events of Default without waiving the
right to exercise such remedies, and without becoming liable to make any further
payment.
a. If any warranty or representation made by the Participating Agency in this
Agreement or any previous agreement with the Sponsoring Agency is or
becomes false or misleading in any respect, or if the Participating Agency
fails to keep or perform any of the obligations, terms or covenants in this
Agreement or any previous agreement with the Sponsoring Agency and
has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
b. If material adverse changes occur in the financial condition of the
Participating Agency at any time during the term of this Agreement and
the Participating Agency fails to cure this adverse change within thirty
days from the date written notice is sent by the Sponsoring Agency;
c. If any reports required by this Agreement have not been submitted to the
Sponsoring Agency or have been submitted with incorrect, incomplete, or
insufficient information;
d. If the Participating Agency has failed to perform and complete on time any
of its obligations under this Agreement.
X. REMEDIES
A. If an Event of Default occurs, then the Sponsoring Agency may, after thirty
calendar days written notice to the Participating Agency and upon the Participating
Agency's failure to cure within those thirty days, exercise any one or more of the
following remedies, either concurrently or consecutively:
Page 9 of 12
a. Terminate this Agreement, provided that the Participating Agency is given
at least thirty days prior written notice of the terminations. The notice shall
be effective when placed in the United States, first class mail, postage
prepaid, by registered or certified mail -return receipt requested;
b. Begin an appropriate legal or equitabl3e action to enforce performance of
this Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Participating Agency refund to the Sponsoring Agency any
monies used for ineligible purposes under that laws, rules and regulations
governing the use of these funds;
e. Exercise any corrective or remedial actions, to include but not be limited to:
1. Request additional information from the Participating Agency to
determine the reasons for or the extent of non-compliance or lack
of performance;
2. Issue a written warning to advise that more serious measures may
be taken if the situation is not corrected;.
3. Advise the Participating Agency to suspend, discontinue or refrain
from incurring costs for any activities in question or
4. Require the Participating Agency to reimburse the Sponsoring
Agency for the amount of costs incurred for any items determined
to be ineligible;
f. Exercise any other rights or remedies which may be available under law.
g. Pursuing any of the above remedies will not stop the Sponsoring Agency
from pursuing any other remedies in this Agreement or provided at law or
in equity. If the Sponsoring Agency waives any right or remedy in this
Agreement or fails to insist on strict performance by the Participating
Agency, it will not affect, extend or waive any other right or remedy of the
Sponsoring Agency, or affect the later exercise of the same right or remedy
by the Sponsoring Agency for any other default by the Participating
Agency.
Page 10 of 12
ATTEST:
A -
Priscilla A. Thompson
City Clerk
SPONSORING AGENCY
THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
BY:
D --fi To E. Crap
,v4k, Cityj(1anager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS:
BY:
Julie O. B.rt( ako
City Attorney
REQUIREMENTS:
BY
iii /67r>
Gary Resh fsly, Director
Risk Management
Page 11 of 12
PARTICIPATING AGENCY
"Village of Key Biscayne"
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pig t r' Participating ' en Attorney
BY:
TITLE:
A APPROVED AS TO FORM AND
CORRECTNESS:
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