HomeMy Public PortalAbout2022-55 Approving Memorandum of Agreements with the City of Miami for Urban Area Security Initiatives FY 2020 and FY 2021RESOLUTION NO. 2022- 55
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING
MEMORANDUM OF AGREEMENTS WITH THE CITY OF
MIAMI FOR URBAN AREA SECURITY INITIATIVES
(UASI) FY 2020 AND FY 2021; PROVIDING FOR
AUTHORIZATION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Urban Area Security Initiative Grant Program ("UASI") is part of a U.S.
Department of Homeland Security Initiative that the Village of Key Biscayne (the "Village") has
participated in as a sub -grantee of the City of Miami ("City"); and
WHEREAS, UASI has provided funding for training and equipment to better prepare the
Village's Fire Rescue Department to respond to and recover from threats or acts of terrorism by
Chemical, Biological, Radioactive, Nuclear and Explosive incidents; and
WHEREAS, the Village has identified equipment and sustainment needs that have been
included in the local spending plan for UASI for FY 2020 and FY 2021, which offers funds for
the payment of such equipment and sustainment needs accessible through the Florida Division of
Emergency Management; and
WHEREAS, the attached Memorandum of Agreements for UASI FY 2020 (the "FY 2020
Agreement") and FY 2021 (the "FY 2021 Agreement") between the City and the Village provides
for carrying out the UASI objectives; and
WHEREAS, the Village Council finds that this Resolution is in the best interest of the
Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted,
confirmed and incorporated herein.
Section 2. Agreement Approved for FY 2020. That the FY 2020 Agreement, in
substantially the form attached hereto as Exhibit "A," is hereby approved, subject to approval by
the Village Attorney as to form and legal sufficiency, and the Village Manager is hereby authorized
to execute the Agreement, on behalf of the Village.
Section 3. Agreement Approved for FY 2021. That the FY 2021 Agreement, in
substantially the form attached hereto as Exhibit "B," is hereby approved, subject to approval by
the Village Attorney as to form, content, and legal sufficiency, and the Village Manager is hereby
authorized to execute the Agreement, on behalf of the Village.
Section 4. Authorization. That the Village Manager is hereby authorized to execute the
FY 2020 Agreement and FY 2021 Agreement in substantially the form attached hereto as Exhibit
"A" and Exhibit "B," subject to the approval by the Village Attorney as to form, content, and legal
sufficiency.
Section 5. Effective Date. That this Resolution shall take effect immediately upon
adoption.
PASSED and ADOPTED this 11th day of October , 2022.
MICHAEL W. DAVEY, MAY
ATTEST:
cat --PM V.O (4'A
JOCELYN B. K'6CH
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
Page 3 of 3
EXHIBIT "A"
MEMORANDUM OF AGREEMENT
URBAN AREA SECURITY INITIATIVE FY 2020
"Village of Key Biscayne"
Agreement Number: R0232
FAIN Number: EMW-2020-SS-00035-S01
CFDA #: 97.067
This Agreement is entered into this , day of , 2021, by and between the City
of Miami, a municipal 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 Security (USDHS) is providing financial assistance
to the Miami urban area in the amount $14,012,500 dollars through the Urban Area Security Initiative (UASI)
Grant Program 2020; and
WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program
2020; 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 2020 and
involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and
WHEREAS, the 2020 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 Commission, by Resolution No. R-21-0142, adopted on April 8, 2021, has
authorized the City 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:
1
I. PURPOSE
A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies
for activities under the UASI Grant Program 2020 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 2020 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. DEFINITIONS
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.
B. Core County: The County within which the core city is geographically located. The core city is the City
of Miami.
C. UASI Grant Program 2020: The UAS1 Grant Program 2020 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, organization and exercise needs of large
high threat urban areas, and program activities must involve coordination by the identified core city,
core county/counties, and the respective State Administrative Agency. Funding for the UASI Grant
Program 2020 was appropriated by U.S. Congress and is authorized by Public Law 108-11, the
Emergency Wartime Supplemental Appropriations Act, 2003. The funding will aid in building an
enhanced and sustainable capacity to plan, prevent, protect, mitigate, respond to, and recover from
threats or acts of terrorism for the selected urban areas.
D. 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
2
provide for interoperability and compatibility among Federal, State, and local capabilities, 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 identify
POCs from these jurisdictions 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
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 Stakeholder Preparedness Review.
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 Stakeholder Preparedness Review 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".
3
I. Submitting required reports.
V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR:
A. Providing an administrative 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 tracking of
assets as stipulated in "Exhibit #1".
C. Submitting quarterly reports to the City of Miami detailing the progress of projects to include direct
purchases of equipment or services as stipulated in "Exhibit #1".
D. Complying with all UASI Grant Program 2020 requirements as stipulated in "Exhibit #1".
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 Stakeholder Preparedness Review.
F. Ensuring the participation of the following critical players in the assessment and Stakeholder
Preparedness Review 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 assessment and
Stakeholder Preparedness Review.
H. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit #1".
I. 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 inventory of UASI purchased items.
L. Ensure that equipment obtained from the UASI Grant Program 2020, as identified in "Exhibit #2", is
readily available for use by personnel trained to use such equipment for actual emergencies, special
4
events or exercises. Also, ensure that such equipment is readily available for onsite monitoring by
OHS, FDEM, and the Sponsoring Agency. If the Participating Agency is incapable of staffing the
equipment, such equipment shall be made available to another Participating Agency for use during any
actual emergencies, special events or exercises. Failure to ensure equipment availability may result in
loss of funding and/or equipment to the Participating Agency.
M. All equipment obtained from the UASI Grant Program 2020, as identified in "Exhibit 2", is the sole
responsibility of the receiving agency. This 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 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 as stipulated in "Exhibit 1".
C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or
time related issues of the Participating Agency personnel.
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 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 municipality, 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.
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 $750,000 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 2 CFR 200.
5
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 2020 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 14 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 as stipulated in "Exhibit 1".
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 as identified in "Exhibit 2".
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 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 shall supersede any prior Memorandum of Agreement among the parties, written or oral, except
for any executory obligations that have not been fulfilled.
6
E. This Agreement will end on June 30, 2022, unless otherwise extended, by a written amendment duly
approved and executed prior to June 30, 2022, 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.
IX. MISCELLANEOUS OVERALL
Counterparts: Electronic Signatures_
This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, and such counterparts shall together constitute but one and
the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this
Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on
the party whose name is contained therein. Any party providing an electronic signature agrees to
promptly execute and deliver to the other parties an original signed Agreement upon request.
SPONSORING AGENCY
THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
ATTEST:
BY: BY:
Todd B. Hannon
City Clerk
Arthur Noriega
City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
BY: BY:
Victoria Mendez Ann -Marie Sharpe, Director
City Attorney Department of Risk Management
7
PARTICIPATING AGENCY
ATTEST:
90c-QtN1'; KcciTh
Name:
\J 1c cse_ CCe
Title:
BY:
NAME:
TITLE:
FID #:
DUNS:
APPROVED AS TO FORM AND
CORRECTNESS:
Participating Agency Attorney
8
EXHIBIT "B"
MEMORANDUM OF AGREEMENT
URBAN AREA SECURITY INITIATIVE FY 2021
"Village of Key Biscayne"
Agreement Number: R0521
FAIN Number: EMW-2021-SS-00056-S01
CFDA #: 97.067
This Agreement is entered into this , day of , 2022, by and between the City
of Miami, a municipal 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 Security (USDHS) is providing financial assistance
to the Miami urban area in the amount $14,012,500 dollars through the Urban Area Security Initiative (UASI)
Grant Program 2021; and
WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program
2021; 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 2021 and
involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and
WHEREAS, the 2021 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 Commission, by Resolution No. R-22-0078, adopted on February 24, 2022.
has authorized the City 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 jurisdiction's ability to respond
to a terrorist threat or act.
NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follow:
1
I. PURPOSE
A This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies
for activities under the UASI Grant Program 2021 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 2021 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. DEFINITIONS
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.
B. Core County: The County within which the core city is geographically located. The core city is the City
of Miami.
C. UASI Grant Program 2021: The UASI Grant Program 2021 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, organization and exercise needs of large
high threat urban areas, and program activities must involve coordination by the identified core city,
core county/counties, and the respective State Administrative Agency. Funding for the UASI Grant
Program 2021 was appropriated by U.S. Congress and is authorized by Public Law 108-11, the
Emergency Wartime Supplemental Appropriations Act, 2003. The funding will aid in building an
enhanced and sustainable capacity to plan, prevent, protect, mitigate, respond to, and recover from
threats or acts of terrorism for the selected urban areas.
D. 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
2
provide for interoperability and compatibility among Federal, State, and local capabilities, 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 identify
POCs from these jurisdictions 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
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 Stakeholder Preparedness Review.
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 Stakeholder Preparedness Review 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".
3
I. Submitting required reports.
V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR:
A. Providing an administrative 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 tracking of
assets as stipulated in "Exhibit #1".
C. Submitting quarterly reports to the City of Miami detailing the progress of projects to include direct
purchases of equipment or services as stipulated in "Exhibit #1".
D. Complying with all UASI Grant Program 2021 requirements as stipulated in "Exhibit #1'.
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 Stakeholder Preparedness Review.
F. Ensuring the participation of the following critical players in the assessment and Stakeholder
Preparedness Review 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 assessment and
Stakeholder Preparedness Review.
H. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit #1".
I. 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 inventory of UASI purchased items.
L. Ensure that equipment obtained from the UASI Grant Program 2021, as identified in "Exhibit #2", is
readily available for use by personnel trained to use such equipment for actual emergencies, special
4
events or exercises. Also, ensure that such equipment is readily available for onsite monitoring by
DHS, FDEM, and the Sponsoring Agency. If the Participating Agency is incapable of staffing the
equipment, such equipment shall be made available to another Participating Agency for use during any
actual emergencies, special events or exercises. Failure to ensure equipment availability may result in
loss of funding and/or equipment to the Participating Agency.
M. All equipment obtained from the UASI Grant Program 2021, as identified in "Exhibit 2", is the sole
responsibility of the receiving agency. This 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 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 as stipulated in "Exhibit 1".
C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or
time related issues of the Participating Agency personnel.
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 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 municipality, 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.
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 $750,000 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 2 CFR 200.
5
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 2021 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 ail records, books, papers or documents related to
the grant.
C. Financial Status Reports are due within 14 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 as stipulated in "Exhibit 1".
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 as identified in "Exhibit 2".
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 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 shall supersede any prior Memorandum of Agreement among the parties, written or oral, except
for any executory obligations that have not been fulfilled.
E. This Agreement will end on June 30, 2023, unless otherwise extended, by a written amendment duly
approved and executed prior to June 30, 2023, 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.
IX. MISCELLANEOUS OVERALL
Counterparts; Electronic Signatures.
This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, and such counterparts shall together constitute but one and
the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this
Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on
the party whose name is contained therein. Any party providing an electronic signature agrees to
promptly execute and deliver to the other parties an original signed Agreement upon request.
SPONSORING AGENCY
THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
ATTEST:
BY: BY:
Todd B. Hannon
City Clerk
Arthur Noriega
City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
BY: BY:
Victoria Mendez Ann -Marie Sharpe, Director
City Attorney Department of Risk Management
7
PARTICIPATING AGENCY
ATTEST:
Name:
\) M c() e C l -e rtL
Title:
Village of Key Biscayne
BY:
NAME:
TITLE:
FID#.
DUNS:
APPROVED AS TO FORM AND
CORRECTNESS:
Participating Agency Attorney
8