HomeMy WebLinkAboutExhibit 8MEMORANDUM OF AGREEMENT •
FOR PARTICIPATING MIAMI UASI IV AGENCIES
This Agreement is entered into this day of , 2005, by
and between the City of Miami, a municipal corporation of the State of Florida, (the
"Sponsoring Agency") and the
(the "Participating Agency").
RECITALS
WHEREAS, the U.S. Department of Homeland Security Office for Domestic
Preparedness (ODP), is providing financial assistance to the Miami urban area in the
amount $15,828,322 dollars through the FY 2005 Urban Area Security Initiative (UASI);
and
WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI
Grant Project IV; 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 Project IV 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,
Broward, and Monroe Counties; and
WHEREAS, the City of Miami anticipates that it will be subgranting a portion of
the funds to Miami -Dade, Broward, and Monroe Counties in accordance with the FY
2005 UASI Grant Project IV; and
WHEREAS, the City Commission of the City of Miami, by Resolution No.
, adopted on , has authorized the City
Page 1 of 10
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 2005 UASI Grant Project IV which
was made available by ODP 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.
II. SCOPE
A. The provisions of this Agreement apply to FY 2005 UASI Grant Project !V 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
Page 2 of 10
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 Project IV (FY 2005). The Fiscal Year 2005 UASI Grant Project IV
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 ODP.
F. UASI Grant Project IV. UASI Grant Project IV is being provided to address the
unique equipment, training, planning, and exercise needs of large high threat
Page 3 of 10
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 FY 2005 UASI Grant Project IV 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 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.
E. Developing a comprehensive Urban Area Homeland Security Strategy and submit
to the SAA POC.
Page 4 of 10
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 subgrants for municipalities within each county in accordance with UASI
Grant Project IV requirements. Participating Agencies and subgrantees 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 2005 UASI Grant Project IV 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,
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,
Page 5 of 10
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.
I. Ensuring satisfactory progress toward the goals or objectives set forth in the grant
application.
J. Following UASI Grant Project IV 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 Urban Areas 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.
C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers
compensation or time related issues of the Participating Agency personnel.
D. 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 fterein shall be
Page 6 of 10
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.
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
2005 UASI Grant Project IV 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 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.
Page 7of10
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
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 February 28, 2007, unless otherwise extended, at
which time the parties may agree to renew the association. Renewal will be based
Page 8of10
Sponsoring Agency's ability to conform to procedures, training and equipment
standards as prescribed by the 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:
Jorge L. Fernandez Dania F. Carrillo, Administrator
City Attorney Risk Management Division
Page 9 of 10
ATTEST:
Name:
Title:
PARTICIPATING AGENCY
BY:
NAME:
TITLE:
APPROVED AS TO FORM AND
CORRECTNESS:
Participating Agency Attorney
Page 1 0 of 10