HomeMy WebLinkAboutmemo of agreementMEMORANDUM OF AGREEMENT
FOR PARTICIPATING MIAMI UASI AGENCIES
This Agreement is entered into this 11th day of January, 2005, by and between
the City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring
Agency") and Broward County, a political subdivision of the State of Florida, (the
"Participating Agency").
RECITALS
WHEREAS, The Office for Domestic Preparedness (ODP) is providing financial
assistance to the Miami urban area in the amount $13,184,569 dollars through the FY
2003 Urban Areas Security Initiative (UASI) and $19,033,677 through the FY 2004
UASI; and
WHEREAS, the ODP UASI program identified the City of Miami as a high threat
urban area and provided grant funding and direct services to implement preparedness
improvements; and
WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami
UASI; and
WHEREAS, as the ODP requires that the urban areas selected for funding take
a regional metropolitan area approach to the development and implementation of the
UASI Grant and involve core cities, core counties, contiguous jurisdictions, mutual aid
partners, and State agencies; and
WHEREAS, the Urban Area has been defined as the City of Miami, Miami -Dade
and Broward Counties; and
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WHEREAS, the City of Miami anticipates that it will be sub granting a portion of
the funds to Miami -Dade and Broward Counties in accordance with the FY 2003 and FY
2004 UASI Grant Programs; and
WHEREAS, the City Commission of the City of Miami, by Ordinance No. 12394
adopted on July 17, 2003 and Resolution No. 04-0723, 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:
I. PURPOSE
A. This Agreement delineates responsibilities of the Sponsoring Agency and the
Participating Agencies for activities under the FY 2003 and FY 2004 Urban Areas
Security Initiative (UASI) which was made available by the U.S. Department of
Homeland Security (DHS), through the Office for Domestic Preparedness (ODP)
and the State of Florida.
B. This Agreement serves as the Scope of Work between a Participating Agency and
the Sponsoring Agency.
II. SCOPE
A. The provisions of this Agreement apply to FY 2003 and FY 2004 UASI 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
terrorist event.
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B. No provision in this Agreement limits the activities of the Participating Agency or its
Sponsoring Agency in performing local and state functions.
II. 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.
C. Urban Areas Security Initiative (UASI). The U.S. Department of Homeland
Security (DHS), Office for Domestic Preparedness (ODP) Urban Areas Security
Initiative (UASI) 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, thEo
NIMS will include a core set of concepts, principles, terminology, components and
technologies covering the incident command system; multi -agency coordination
systems; unified command; training; and, identification.
E. Urban Area Working Group (UAWG). The 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
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implementation of all program elements, including the urban area assessment,
strategy development, and any direct services that are delivered by ODP.
F. UASI Grant. UASI Grants are 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. 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.
V. 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 ODP.
C. Conducting a comprehensive Urban Area Assessment, which in turn will guide
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.
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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 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. Developing sub grants for municipalities within each county in accordance with each
UASI Grant's 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 budget detail worksheets for direct purchases of equipment or services.
D. Complying with all FY 2003 and FY 2004 UASI Grant 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.
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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 City of Miami in development of a comprehensive Urban Area
Homeland Security Strategy.
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 each UASI Grant agreement requirements and/or special conditions.
K. Submitting required reports.
VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE:
A. That funding acquired and identified for the UASI will be administered solely by the
Sponsoring Agency.
B. The Participating Agency will provide financial and performance reports to City of
Miami in a timely fashion. The City of Miami 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.
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D. Sponsoring Agency and Participating Agency are subdivisions as defined in Chapter
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.
E. For the purposes of executing the conditions established in this MOA, the
Participating Agency POC will be the Director of the Broward Emergency
Management Agency or designee.
VII. 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 FY
2003 and FY 2004 UASI Grant 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.
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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 Categorical Assistance Progress Report 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.
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
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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 December 31, 2006 or until all reporting requirements
have been satisfied, whichever occurs later in time, 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 Office for Domestic Preparedness (ODP).
ATTEST:
Priscilla A. Thompson
City Clerk
SPONSORING AGENCY
THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
BY:
Joe Arriola
City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Alejandro Vilarello Diane Ericson, Administrator
City Attorney Risk Management Division
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ATTEST:
Name: ROGER DE 1 LAMS
COUNTY ADMINISTRATOR
Title:
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Reviewed and approved as to form:
f Uwm "aFo71-,- County Attorney
PARTICIPATING AGENCY
BROWARD COUNTY, a political
Subdivision of the State of Florida
BY:
NAME: KRISTIN JACOBS
TITLE: a4AVOR I I as)cr #t~!$
APPROVED AS TO FORM AND
CORRECTNESS:
Participating Agency Attorney
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