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HomeMy Public PortalAbout2004-53 Interlocal Agreement with Miami-Dade County re_ UASIRESOLUTION NO. 2004-53 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, AUTHORIZING THE PURCHASE OF PUBLIC SAFETY DETECTION EQUIPMENT CONSISTING OF CBRNE DETECTION -STANDOFF EQUIPMENT AND RELATED TRAINING; APPROVING INTERLOCAL AGREEMENT FOR JOINT COMPLETION OF AN URBAN AREAS SECURITY INITIATIVE PROGRAM (THE "AGREEMENT") BETWEEN MIAMI-DADE COUNTY AND THE VILLAGE OF KEY BISCAYNE FOR THE PURPOSE OF CARRYING OUT FY2004 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 Miami -Dade County (the "County") and the Village of Key Biscayne (the "Village") provides for carrying out the FY 2004 urban areas security initiative (the "UASI") program 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. 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. Section 3. Purchase of Equipment Authorized, Source of Funds That pursuant to the Interlocal Agreement, the purchase of public safety detection equipment consisting of CBRNE Detection -Standoff equipment and related training, at a cost of Forty Nine Thousand Seven Hundred and Five ($49,705.00) 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 23rd day of November , 2004. /C DG�u Cti L MAYOR ROBERT OLDAKOWSKI LAP rNCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY --ia—;ka. .6cou.kk VILLAGE ATTORNEY F:/103.001/Resolution/Approving Interlocal Agreement for Urban Areas Securities Initiative Program 11.3.04 • 2 plan; INTERLOCAL AGREEMENT FOR JOINT COMPLETION OF AN URBAN AREAS SECURITY INITIATIVE PROGRAM This Interlocal Agreement ("Agreement") is entered into by and between Miami -Dade County ("County") and the Village of Key Biscayne ("Village") for the purpose of carrying out FY 2004 Urban Areas Security Initiative (UASI) program objectives. WHEREAS, the State of Florida Department of Community Affairs and the City of Miami entered into a Federally Funded Sub Grant, Contract Number 04DS-1 S-11-23-02-199, for the period July 1, 2003 to June 30, 2005 for the UASI, incorporated herein as Attachment B; and WHEREAS, Miami -Dade County and the City of Miami have entered into a Memorandum of Agreement for the period May 11, 2004 to December 31, 2005 for the County's participation in the UASI that was approved by Board of County Commissioner's Resolution R- 250-04, which includes the authority for the County to enter into sub agreements with municipalities, incorporated herein as Attachment C; and WHEREAS, the City of Miami and Miami -Dade County's Office of Emergency Management have established a local Urban Area Workgroup (UAWG) with responsibility for overall planning and direction of the UASI objectives; and WHEREAS, the UAWG jointly coordinated a county -wide vulnerability analysis and needs assessment, developed a homeland security strategy, and prepared budget detail worksheets providing a spending plan for the allocation of funds based upon that strategy; and WHEREAS, the Village of Key Biscayne is a jurisdiction that is included in the spending NOW, THEREFORE, in consideration of the foregoing, the County and the Village of Key Biscayne do mutually agree as follows: (1) SPENDING PLAN AND SCOPE OF WORK The Village shall fully perform the obligations in accordance with the Spending Plan and Scope of Work, Attachment A, of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the County and the Village shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachments B and C. (3) PERIOD OF AGREEMENT This Agreement shall become effective on the date of its execution by the County and shall end on December 31, 2005 unless terminated earlier in accordance with the provisions set forth in Attachments B and C. 1 (4) FUNDING/CONSIDERATION (a) This is a cost -reimbursement Agreement. The Village shall be reimbursed for costs incurred in the satisfactory performance of the Spending Plan and the Scope of Work in an amount not to exceed $49,705 subject to the availability of funds from the State of Florida Contract, Attachment B, and the City of Miami Memorandum of Agreement, Attachment C. (b) The Village shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted, the Village shall utilize competitive practices. (c) The equipment purchased under the terms of this Agreement shall remain the property of the Village. The disposition of equipment shall be made in accordance with the Village's _policies and procedures, and applicable federal policies and procedures. (d) Requests for reimbursement shall be submitted to the Miami -Dade Office of Emergency Management. Reimbursement for eligible expenditures will be made only upon the satisfactory presentation of required supporting documents. (e) Any payments due under the terms of this Agreement may be withheld pending the receipt and approval by the County of all reports and documents which the Village is required to submit to the County pursuant to the terms of this Agreement. (f) Encumbrances, purchase orders, or signed contracts do not qualify as incurred costs. (g) No advance funding to the Village will be provided. (5) REPORTS The Village shall provide budget, financial, and performance reports to County. These reports are due within 30 days after the end of each calendar quarter that the Agreement is active. A close out report is due 45 days after termination of this Agreement or upon completion of the activities contained in this Agreement. (6) AUDITS AND RECORDS (a) Audit required. Non -Federal entities that expend $300,000 ($500,000 for fiscal years ending after December 31, 2003) or more in a year in Federal awards shall have a single or program -specific audit conducted for that year in accordance with the provisions of OMB Circular 133 (b) Single audit. Non -Federal entities that expend $300,000 ($500, 000 for fiscal years ending after December 31, 2003) or more in a year in Federal awards shall have a single audit conducted in accordance OMB Circular 133 except when they elect to have a program -specific audit conducted in accordance with the OMB Circular 133. (c) Program -specific audit election. When an auditee expends Federal awards under only one Federal program (excluding R&D) and the Federal program's laws, regulations, or grant agreements do not require a financial statement audit of the auditee, the auditee may elect to 2 the County will deliver to the Village a report of its findings, and the Village will rectify all deficiencies cited by the County within the specified period of time set forth in its report. (8) CONFLICTS WITH APPLICABLE LAW If any provision of this Agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties here to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this Agreement, as modified, shall continue and all other provisions of this Agreement shall remain in full force and effect. (9) MODIFICATIONS Either party may request modification of the provisions of this Agreement. No change to the terms and condition s shall be effective until agreed to and signed_hy each of the parties hereto. Changes to the amount of funding may be accomplished by notice from the County to the Village and shall be considered to have been modified upon receipt by the County of a written notice by the Village of acceptance and receipt of a budget which details the proposed expenditure of additional funds. Any modifications to the Spending Plan that do not increase the overall cost or change the Scope of Work which is approved in writing by the County do not require a written modification to this Agreement. (10) ASSURANCES The Village shall comply with the Statement of Assurances set forth in Attachment D, page 26, to the State of Florida Contract, Attachment B to this Agreement. (11) ATTACHMENTS This Agreement has the following attachments: Attachment A — Spending Plan and Scope of Work Attachment B — State of Florida Contract with the City of Miami Attachment C — City of Miami Memorandum of Agreement with Miami -Dade County IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. Village of Key Biscayne By: Dak: 12121 t46c Soso, n2 .M. J Jte, i-- Counfy MamcyL VILLAGE OF KEY BISCAYNE Village Council Robert Oldakowski, Mayor Jorge E. Mendia, Vice Mayor Martha Fdez-Leon Broucek Carol Diaz -Castro Mortimer Fried James L. Peters Robert L. Vernon Village Manager Jacqueline R. Menendez Memo Office of the Village Manager DT: November 08, 2004 TO: FR: norable a l eAibers of the Village Council enendez, Vi e Manager Resolution of the Village Council Authorizing the Purchase of Equipment from the Urban Areas Security Initiative Program. RECOMMENDATION The Village Attorney has prepared the enclosed Resolution providing for an Inter local Agreement between Miami -Dade County and the Village of Key Biscayne allowing for the purchase of equipment and training; not to exceed forty nine thousand and seven hundred and five ($49,705.00) dollars provided by the Urban Areas Security Initiative (UASI) as part of a Homeland Security initiative. Council is being asked to approve this resolution. 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 be 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 enhanced 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 • Key Biscayne, Florida 33149 • (305) 365-5514 • Fax (305) 365-8936 MISSION STATEMENT: "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT."