HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00980
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE,
SUBJECT TO APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY
ATTORNEY, A MEMORANDUM OF AGREEMENT ("MOA") BETWEEN THE
UNITED STATES DEPARTMENT OF HOMELAND SECURITY, ACTING
THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE
OF FLORIDA, AND THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, THE
SPONSORING AGENCY OF FLORIDA TASK FORCE 2; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND TO EXECUTE ANY FUTURE AMENDMENTS
TO THE MOA, SUBJECT TO THE APPROVAL OF LEGAL FORM AND
CORRECTNESS BY THE CITY ATTORNEY, AND BUDGETARY APPROVAL AT
THE TIME OF NEED.
WHEREAS, the South Florida Urban Search and Rescue ("USAR") Task Force, Florida Task
Force 2 ("FL TF 2") is funded annually by the Federal Emergency Management Agency ("FEMA") for
the operation of its program; and
WHEREAS, since 1989, the City of Miami ("City") Department of Fire -Rescue has successfully
sponsored the existing South Florida USAR Task Force, FL TF 2 with said funding; and
WHEREAS, pursuant to Resolution No. 01-484, adopted May 24, 2001, and Resolution No. 05-
0212, adopted April 14, 2005, the City Manager entered into a Memorandum of Agreement ("MOA")
with participating agencies setting forth the agencies' responsibilities in connection with the
development and support of a local USAR Task Force coordinated by the City's Department of
Fire -Rescue with all costs to be reimbursed by state and federal funding sources; and
WHEREAS, FEMA and the FL TF 2 have been operating under the same MOA since 1998, and
several operational, legal and regulatory changes have been made since then, and FEMA is requiring
all its sponsoring agencies, participating agencies and certain strategic individuals to update their
agreements with a new standard MOA that was developed, subject to some state statutory differences
for participating agencies in the various states; and
WHEREAS, separate future legislation will be presented to the City Commission to authorize the
updated list of participating agencies and strategic individuals such as doctors and forensic engineers
in a newly formatted Memorandum of Understanding with those agencies and individuals; and
WHEREAS, the attached MOA is necessary to continue without interrupting the operation of the
South Florida USAR Task Force Program;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
File Number: 08-00980
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1 } to negotiate and to execute a MOA, subject to
approval of legal form and correctness by the City Attorney, between the United States Department of
Homeland Security, acting through FEMA, the State of Florida, and the City's Department of
Fire -Rescue, the Sponsoring Agency of FL TF 2.
Section. 3. The City Manager is authorized{1} to negotiate and to execute any future
amendments to the MOA, subject to the approval of legal form and correctness by the City Attorney,
and budgetary approval at the time of need.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, if shall become
effective immediately upon override of the veto by the City Commission.