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HomeMy Public PortalAbout2017 UASIEXHIBIT "A' MEMORANDUM OF AGREEMENT URBAN AREA SECURITY INITIATIVE FY 2017 "Village of Key Biscayne" Agreement Number: 17 -DS -X3 -11 -23 -02 - FAIN Number: EMW-2017-SS-00061 CFDA #: 97.067 This Agreement is entered into this= day of , 2018, 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 $4,921,000 dollars through the Urban Area Security Initiative ("UASI") 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 implementation of the UASI Grant Program 2017 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 8th, 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: 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 Flonda Division of Emergency Management ( FDEM ) 8 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 2017 activities to be performed at the request of the federal government provided at the option of the Sponsonng 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 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 incidentresources B Core County The County within which the core city is 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 must 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 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 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 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 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 monthly budget detail worksheets to the City of Miami (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 in conducting a comprehensive Urban Area Assessment which in turn will guide development of an Urban Area Homeland SecurityStrategy 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 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 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 If the Participating Agency is incapable of staffing the equipment 4 such equipment 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 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 infra 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 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 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 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 All documents and records pursuant to this Agreement are subject to 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 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 USDHS and the Comptroller General of the United States shall have access to any books documents and records of recipients of UASI Grant Program 2017 assistance for audit and examination purposes 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 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 ANDTERMINATION 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 2019 unless otherwise extended by a written amendment duly approved and executed prior to June 30 2019 unless otherwise extended at which time the parties may agree to renew the association Renewal will be based on evaluation of theSponsoring Agency 5 ability to conform to procedures training and equipmentstandardsasprescribedbythegrant SPONSORING AGENCY THE CITY OF MIAMI a municipal Corporation ofthe State of Florida ATIEST BY BY Todd B Hannon City Emilio Gonzalez Ph D City Clerk Manager APPROVEDASTOFORMAND APPROVED AS TO INSURANCE CORRECTNESS REQUIREMENTS BY BY Victoria Mendez Ann Marie Sharpe Director Department of City Attorney Risk Management 7 PARTICIPATING AGENCY Village of Key Biscayne, a municipal corporation of the State of Florida ATTEST: Jennifer diva Village Clerk 3 B hn C. Gilbert f illage Manager V APPROVED AS TO FORM AND CORRECTNESS: Village Attorney EXHIBIT 1 To be provided at time of execution