HomeMy WebLinkAboutExhibitMEMORANDUM OF AGREEMENT
MIAMI UASI GRANT PROGRAM 2007 —
City of Miramar
This Agreement is entered into this day of , 2009, by
and between the City of Miami, a municipal corporation of the State of Florida,
(the "Sponsoring Agency") and the City of Miramar, (the "Participating Agency")
RECITALS
WHEREAS, the U.S. Department of Homeland Security Office of Grants
and Training ("OG&T"), is providing financial assistance to the Miami Urban Area
in the amount $11,620,600 dollars through the Urban Area Security Initiative
("UASI") Grant Program 2007; and
WHEREAS, the UASI 2007 Urban Area has included the City of Miramar
and anticipates sub -granting a portion of the UASI funds in accordance with the
grant requirements in an amount not to exceed $200,000 for the purchase of a
web -based emergency management system to be delivered throughout the
region; and
WHEREAS, the City Commission, by Resolution No. 08-0196, adopted on
April 10th, 2008, 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
agency 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 2007 which
was made available by Office of Grants and Training (OG&T) and the State of
Florida Division of Emergency Management (DEM).
B. This Agreement serves as the Scope of Work between the Participating
Agency and the Sponsoring Agency.
11. SCOPE
A. The provisions of this Agreement apply to UASI Grant Program 2007
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.
111. 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 2007. The UASI Grant Program 2007 reflects the intent
of Congress and the Administration to enhance and quantify the
preparedness of the nation to combat terrorism.
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
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; training; identification and
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 OG&T.
F. UASI Grant Program 2007. This grant is being provided 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 2007 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.
G. 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 core counties, with the respective State Administrative
Agency, and with the OG&T.
C. Participating in comprehensive Urban Area Assessments, which will in turn
continue to update the 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.
I. Submitting required reports.
V. THE PARTICIPATING AGENCY 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. Abiding 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 budget detail worksheets for direct purchases of equipment or
services when requesting reimbursement.
D. Complying with all UASI Grant Program 2007 requirements.
E. Participating in comprehensive Urban Area Assessments, which will in turn
continue to update the Urban Area Homeland Security Strategy, upon
request.
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, upon request.
G. Complying with the requirements or statutory objectives of federal law.
H. Ensuring satisfactory progress toward the goals or objectives set forth in the
grant application.
I. Following UASI Grant Program 2007 agreement requirements and/or special
conditions.
J. Submitting required reports as prescribed by the Sponsoring Agency, upon
request.
K. Maintaining an equipment inventory of UASI purchased items and provide to
the Sponsoring Agency upon request.
VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY
AGREE:
A. The Participating Agency will provide financial and performance reports to the
sponsoring agency in a timely fashion, upon request. The Sponsoring Agency
will prepare consolidated reports for submission to the State of Florida.
B. The Sponsoring Agency is not responsible for personnel salaries, benefits,
workers compensation or time related issues of the Participating Agency
personnel.
C. 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.
VI1. FINANCIAL AGREEMENTS
A. Financial and Compliance Audit Report: Recipients that expend $300,000 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 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 2007 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. Submit Categorical Assistance Progress Report to describe progress to date
in implementing the grant and its impact on homeland security in the state
upon request, upon request.
D. All financial commitments herein are made subject to the availability of funds
and the continued mutual agreements of the parties.
Vill, 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 will end on April 30th, 2010, unless otherwise extended by the
Florida Division of Emergency Management.
SPONSORING AGENCY:
THE CITY OF MIAMI, a municipal
ATTEST: Corporation of the State of Florida
Priscilla A. Thompson
City Clerk
Pedro G, Hernandez
City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
Julie O. Bru
City Attorne.
ATTEST:
Name:
Title:
APPROVED AS TO I,SURANCE
REQUIREMENTS:
LeeAnn Bre m, 'Director
RiskManagement Department
a
PARTICIPATING AGENCY:
NAME:
TITLE:
APPROVED AS TO FORM AND
CORRECTNESS:
Participating Agency Attorney