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Contract Number: 09DS-24-11-23-02-011 CFDA Number: 97.067 MODIFICATION #3 TO GRANT AGREEMENT This Modification is made and entered into by and between the State of Florida, Division of Emergency Management, ("the Division "), and the City of Miami ("the Recipient) to modify the Division 's Contract Number 09DS-24-11-23-02-011, dated August 21, 2008, ("the Agreement"). WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which the Division has provided a sub grant of $11,620,600 to Recipient; and WHEREAS, the Division and the Recipient desire to modify the Agreement by extending it. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: herein. Paragraph 3, Period of Agreement, is hereby amended to have an expiration date for the Agreement of June 30, 2011. Final requests for reimbursement should be submitted no later than thirty (30) days after the termination date of the contract. Any requests received after July 30, 2011 may, in the discretion of the Division, not be reimbursed from this Agreement. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 3. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out RECIPIENT: CITY OF MIA y rP - BY: NAME & TITLE: DATE: v • Gar-t s A_ MigoyA, City Alanager /t/ STATE OF FLORIDA DIVISION OF EME BY: NAME & TITLE: David DATE: r M ?JAGEM/ENT cl L�,�i/ Halstead Director SUBMITTED INTO THE PUBLIC RECORD FOR ITEM RE. ON s/av/u II- 00111 - - .}hm "a.(- Fre ‘4eSc ue - IT h Sc , 16ac K Up ocueriet S Urban Area Security- Initiative ("UASI") Grant Program 2007- Modification #3 ATTEST: Priscilla A. Thompson City Clerk APPROVED AS TO FORM AND CORRECTNESS: Julie O. Sru e-, VuJ City Attorney CITY OF MIAy!, FLORIDA 1. Carlos A.'Migoya City Manager / i APPROVED AS TOASURANCE REQUIRENMENTS: lam% Gary Reshefsky, Director Risk Management Division Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Contract Number: 09DS-24-11-23-02-011 CFDA Number: 97.067 MODIFICATION #2 TO GRANT AGREEMENT This Modification is made and entered into by and between the State of Florida, Division of Emergency Management, ("the Division"), and the City of Miami ("the Recipient) to reinstate and modify the Division's Contract Number 09DS-24-11-23-02-011, dated August 21, 2008 ("the agreement"). WHEREAS, the Division and the Recipient have entered into the Agreement pursuant to which the Division has provided a sub gran) of $11,620,600 to Recipient; and WHEREAS, the Agreement expired on June 30, 2010; and WHEREAS, the Division and the Recipient desire to reinstate and modify the Agreement by extending it. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated as through it had not expired. 2_ Paragraph 3, Period of Agreement, is hereby amended to have an expiration date for the Agreement of December 31, 2010. Final requests for reimbursement should be submitted no later than thirty (30) days after the termination date of the contrast.: A-iy requests received after January 31, 2011 may, in the discretion of reimbursed from this Agreement. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement 4. Ail provisions of the Agreement being modifed and any attachments thereto in conflict with this Modification shall be:and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. IN WITNESS WHEREOF, the parties hereto have exeaited this document as of the dates set out herein. RECIPIENT: CITY OF MIAMI BY: NAME & TITLE: DATE: STATE OF FLORIDA-DIVISION OF EMERGENCY Iv,ANAGGEMENTT__ BY: NAME & TITLE: DATE: - David Halstead, Director Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson fity (lark Urban Area Security Initiative ("UASI") Grant Program 2007— Modification 112 ATTEST: Priscilla A. Thompson ( _ City Clerk CITY OF MIAMI, FLORIDA Carlos A. Migoya City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIRE/ NTS: n Julie O_ Bru Leek, Director City Attorney Risk Management Division Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk City of Miami Master Report Resolution R-10-0209 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID #: 10-00578 Version: I Enactment Date: 5/27/10 Controlling Office of the City Status: Passed Body: Clerk Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EXECUTION OF MODIFICATION #1 TO GRANT AGREEMENT ("MODIFICATION #1"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT (THE "FLORIDA DEM") ON BEHALF OF THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY OFFICE OF GRANTS AND TRAINING (THE "FEDERAL DEPARTMENT") IN ORDER TO REINSTATE, MODIFY AND EXTEND THE FLORIDA DEM'S CONTRACT NUMBER 09DS-24-11-23-0]-011 CFDA NUMBER 97.067 FEDERALLY -FUNDED SUBGRANT AGREEMENT, DATED AUGUST 21, 2008 (THE "ORIGINAL AGREEMENT") IN ORDER TO EXTEND THE URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM (FISCAL YEAR 2007), FROM APRIL 30, 2010 TO .TUNE 30, 2010; FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND SAID UASI GRANT PROGRAM (FISCAL YEAR 2007) GRANT AWARD AND TO EXECUTE ANY OTHER RELATED MODIFICATIONS, AMENDMENTS OR EXTENSIONS ON ALL MA 1 1 ERS EXCEPT THOSE DEALING WITH FUNDING CHANGES, IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECTS ADMINISTERED BY THE CITY'S DEPARTMENT OF FIRE -RESCUE, AS AN UASI SPONSORING AGENCY, CONTINGENT UPON THE FUNDING OF THE UASI PROJECTS BEING SECURED IN THE FORM OF GRANTS FROM THE FEDERAL DEPARTMENT THROUGH FLORIDA DEM. Reference: Introduced: 5/3/10 Name: Ratifying Execution-Modification#1 Agmt-UASI Requester: Department of Fire -Rescue Notes: Cost: Final Action: 5/27/10 Sections: Indexes: Attachments: I0-00578 Legislation.pdf, 10-00578 Exhibit.pdf, 10-00578 Summary Form.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result City of Miami Page 1 Printed on 3/11/2011 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson rit.• rin.L 1 Office of the City 5/18/10 Reviewed and Attomey Approved 1 City Commission 5/27/10 ADOPTED A motion was made by Frank Carollo, seconded by Francis Suarez, that this matter be ADOPTED. Chair Samoff How 'bout [sic] RE.2? It's a pretty easy one. Mr. Manager, RE.2. Carlos A. Migoya (City Manager): Sony, Mr. Chair. You caught me off guard. Chairman Samoff: All right. That's not a problem. RE.2. Mr. Migoya: RE.2. Vice Chair Carollo: Keep you honest. Chairman Samoff: I just thought we could maybe take off one or -- Mr. Migoya: Yes, I did. Chief Kemp. Reginald Duren (Deputy Fire Chief): RE.2 is a resolution of the Miami City Commission approving and confirming the City Manager's execution of modification of the State of Florida, Division of Emergency Management, on behalf of the United States Department of Homeland Security, Office of Grants and Training, to extend the Urban Area Security Initiative grant program for Fiscal Year 2007, from April 30, 2010 to June 30, 2010; further authorizing the City Manager to extend said UASI (Urban Area Security Initiative) grant program grant award and to execute any other Related modifications, amendments, or extensions on all matters, except those dealing with funding changes. Chairman Samoff: All right. RE.2 is -- Vice Chair Carollo: So move. Chair Sarnoff: A motion by the Vice Chair, seconded by -- Commissioner Suarez: Second. Chair Samoff -- Commissioner Suarez. Anyone from the public wishing to be heard on RE.2, which is a UASI grant, Urban Search [sicj and Rescue [sic) Initiative grant program? Hearing none, seeing none, coming back to the Commission. Any discussion, gentlemen? Seeing none or hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Samoff: Okay. Thank you very much. Deputy Chief -Duren: Deputy -Chief Reggie Duren.-Thtibn cornea Ti the following vote: Aye: 5 - Frank Carollo, Wifredo (Willy) Gott, Marc David Samoff, Francis Suarez and Richard Dunn II 1 Office of the Mayor 5/27/10 Signed by the Mayor City Commission 1 Office of the City Clerk 5/27/10 Signed and Attested by City Clerk City of Miami Page 2 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Punted on 3/11/20I 1 This Matter was ADOPTED on the Consent Agenda. Aye: 4 - Wifredo (Willy) Gort, Marc David Sarnoff, Frank Carollo and Richard Dunn I1 Absent: 1 - Francis Suarez 1 Office of the Mayor 11/12/10 Signed by the Mayor Office of the City Clerk 1 Office of the City Clerk 11/12/10 Signed and Attested by City Clerk City of Miami Page 2 Printed on 3/11/2011 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson Citv Clerk City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10-00578 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EXECUTION OF MODIFICATION #1 TO GRANT AGREEMENT ("MODIFICATION #1"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT. (THE "FLORIDA DEM") ON BEHALF OF THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY OFFICE OF GRANTS AND TRAINING (THE "FEDERAL DEPARTMENT') IN ORDER TO REINSTATE, MODIFY AND EXTEND THE FLORIDA DEM'S CONTRACT NUMBER 09DS-24-11-23-01-011 CFDA NUMBER 97.067 FEDERALLY -FUNDED SUBGRANT AGREEMENT, DATED AUGUST 21, 2008 (THE "ORIGINAL AGREEMENT") IN ORDER TO EXTEND THE URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM (FISCAL YEAR 2007), FROM APRIL 30, 2010 TO_JUNE 30, 2010; FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND SAID UASI GRANT PROGRAM (FISCAL YEAR 2007) GRANT AWARD AND TO EXECUTE ANY OTHER RELATED MODIFICATIONS, AMENDMENTS OR EXTENSIONS ON ALL MATTERS EXCEPT THOSE DEALING WITH FUNDING CHANGES, IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECTS ADMINISTERED BY THE CITYS DEPARTMENT OF FIRE -RESCUE, AS AN UASI SPONSORING AGENCY, CONTINGENT UPON THE FUNDING OF THE UASI PROJECTS BEING SECURED IN THE FORM OF GRANTS FROM THE FEDERAL DEPARTMENT THROUGH FLORIDA DEM. WHEREAS, the United States Department of Homeland Security, Office of Grants and Training (the "Federal Department"), is authorized by the Emergency Wartime Supplemental Appropriations Act 2003 to provide funds to states for subsequent distribution to selected urban areas, and to assist them in building, enhancing, and sustaining their capacity to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the Office of Department Preparedness, through the State of Florida Division of Emergency Management (the "Florida DEM"), awarded to the City of Miami ("City") a sub -grant for Urban Areas Security Initiative ("UASI") Grant Program (Fiscal Year 2007) pursuant to Contract Number 09DS-24-11-23-01-011 CFDA Number 97.067 Federally -Funded Subgrant Agreement, dated August 21, 2008 (the "Original Agreement') for, inter alia, certain local, regional, state, and national projects, training, equipment, and related costs in the total amount of $11,620,600 for Fiscal Year 2007; and WHEREAS, the City Commission accepted the grant award on behalf of the City's Department of Fire -Rescue as the sponsoring agency ("Sponsoring Agency') and authorized the Original Agreement pursuant to Resolution No. 08-0198, adopted April 10, 2008; and City of Miami Page 1 of 3 File Id: 10-00576 (Version: 1) Printed On: 5/12/2010 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson Citv Clerk File Number: 10-00578 WHEREAS, the Original Agreement provided pursuant to grant stipulations, that said grant award funds will be used by the Sponsoring Agency to address the unique equipment, training, planning, exercise, and operational needs of the City and the South Florida region, and the contiguous counties of Miami -Dade and Monroe and the City of Hialeah, and to assist the City in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats of terrorism; and WHEREAS, the term of the Original Agreement expired April 30, 2010; and WHEREAS, State DEM and the City desire to reinstate the Original Agreement and to modify the Original Agreement by extending it to June 30, 2010 pursuant to Modification #1 to Grant Agreement ("Modification #1"), in substantially the form attached hereto; and WHEREAS, the City Manager executed the attached Modification #1, subject to City Commission ratification, approval and confirmation to reinstate the Original Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 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's execution of Modification #1 to Grant Agreement, in substantially the attached form, with the State DEM on behalf of the Federal Department, in order to reinstate, modify, and extend the State DEM's Contract Number 09DS-24-11-23-01-011.CFDA Number 97.067 Federally -Funded Subgrant Agreement, dated August 21, 2008 (the "Original Agreement") in order to extend the UASI Grant Program (Fiscal Year 2007), from April 30, 2010 to June 30, 2010, is ratified, approved and confirmed. Section 3. The City Manger is further authorized {1} to extend said UASI Grant Program (Fiscal Year 2007) grant award and to execute any other related modifications, amendments or extensions on all matters except those dealing with funding changes, in connection with the development and support of the UASI projects administered by the City's Department of Fire -Rescue, as an UASI Sponsoring Agency, contingent upon the funding of the UASI projects being secured in the form of grants from the Federal Department through the Florida DEM. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} APPROVED AS TO F-©_ _. . FC4ES JULIE CITY ATTORNEY City of Miami Page 2 of 3 File Id: 10-00578 (Version: 1) Printed On: 5/12/2010 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson Citv Clerk File Number: 10-00578 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, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File Id: 10-00578 (Version: 1) Printed On: 5/12/2010 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson f itu nark Contract Number: 09DS-24-11-23-02-011 CFDA Number: 97.067 MODIFICATION#1 TO GRANT AGREEMENT This Modification is made and entered into by and between the State of Florida, Division of Emergency Management, ("the Division"), and the City of Miami ("the Recipient) to reinstate and modify the Division's Contract Number 09DS-24-11-23-02-011, dated August 21, 2008 ("the agreement"). WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which the Division has provided a sub grant of $11,620,600 to Recipient; and WHEREAS, the Agreement expired on April 30, 2010; and WHEREAS, the Division and the Recipient desire to reinstate and modify the Agreement by extending it. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated as through it had not expired. 2. Paragraph 3, Period of Agreement, is hereby amended to have an expiration date for the Agreement of June 30, 2010. Final requests for reimbursement should be submitted no later than thirty (30) days after the termination date of the contract Any requests received after July 30, 2010 may, in the discretion of the Division, not be reimbursed from this Agreement 3. • All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 4. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out herein. RECIPIENT: CITY OF MIAMI BY: ?le 4-s4 Ste. 0,47 is NAME & TITLE: Carlos A. Migoya, City Manager DATE: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BY: NAME & TITLE: David Halstead Interim Director DATE: Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Urban Area Security Initiative ("UASI") — Modification fil — FY 2007 ATTEST: CITY • MIAMI, FLORIDA Priscilla A. Thompson City Clerk APPROVED AS TO FORM AND CORRECTNESS: Julie 0. Bru City Attorney iios A. Migoya bW306, City Manager /1 APPROVED AS T0$ SU$ANCE REQUIRENMENTO: ; / /' f i Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk City of Miami Master Report Resolution R-08-0196 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com File ID #: 08-00356 Version: 2 Enactment Date: 4/10/08 Controlling Office of the City Status: Passed Body: Clerk Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WJTH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "URBAN AREAS SECURITY INITIATIVE ("UASI") GRANT PROGRAM (FISCAL YEAR 2007)," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF S11,620,600, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, PASSED DIRECTLY TO THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT ("DEM"); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ITS CONTIGUOUS COUNTIES, MIAMI-DADE, MONROE AND THE CITY OF HIALEAH, SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI'S DEPARTMENT OF FIRE -RESCUE, AS AN UASI SPONSORING AGENCY, CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED IN THE FORM OF GRANTS FROM THE STATE OF FLORIDA DEM. Reference: Introduced: 3/18/08 Name: Establishing Fund - UASI Grant Program 07 Requester Department of Fire -Rescue Notes: Cost: Final Action: 4/10/08 Sections: indexes: Attachments: 08-00356 Legislation.pdf, 08-00356 Exhibit.pdf, 08-00356 Exhibit2.pdf, 08-00356 Summary Form.pdf, 08-00356 Grant Program.pdf, 08-00356-Submittal-E-mail-Maurice L. Kemp.pdf, 08-00356 Exhibit 3.pdf, 08-00356 Exhibit 4.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result City of Mimi Page 1 Printed on 4/30/2010 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 1 Office of the City 3/26/08 Reviewed and Attorney Approved 2 City Commission 4/10/08 ADOPTED WITH MODIFICATIONS City of Miami Page 2 Printed on 450/2010 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson Citv Clerk A motion was made by Angel Gonzalez, seconded by Michelle Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS. Note for the Record: Subsequent to the City Commission meeting, notification was provided that Item RE.4 instead should have had the substitution agreements originally proferred as pertaining to RE.5, resulting in a modified resolution for RE.4. See attached notification. Chair Sanchez: RE.4. RE.4 is being presented to us by the Department ofFire-Rescue. Deputy Chief Maurice Kemp (Fire -Rescue): Maurice Kemp, deputy fire chief RE.4 is a resolution, with attachments, establishing a new special revenue fund, which is the 27 -- 2007 UASI (Urban Areas Security Initiative) grant. Commissioner Gonzalez: I'll move RE.4. Vice Chair Spence -Jones: Second. Chair Sanchez: Okay. There's a motion by Commissioner Gonzalez, second by the Chair [sic]. The item is — before we open it up for discussion, anyone from the public wishing to address RE.4, which is a resolution? Seeing no one, the public hearing is closed; coming back to the Commission. Any further discussion on RE.4? Hearing -- Julie 0. Bru (City Attorney): Mr. Chairman. Chair Sanchez: Madam Attorney, you're recognized for the record. Ms. Bru: Just for the record, the item, as was sent to the agenda for print, did not include one of the attachments. Priscilla A. Thompson (City Clerk): Two. Deputy Chief Kemp: That s 5. Ms. Bru: Oh, that's 5? Okay. The MOU (Memorandum of Understanding). Deputy Chief Kemp: The next one. Ms. Thompson: I'm sorry. According to my records — Ms. Bru: Sony. Ms. Thompson: — I have that two — Chair Sanchez: There is no supplement on this item; it's the next item, if I'm not correct jsic]. Deputy Chief Kemp: Yes, sir. You're correct. It's the next — Chair Sanchez: Okay. Deputy ief Kernp:---item. Ms. Thompson: I'm sorry. Just for my records because -- hair Sanchez: Yes. Ms. Thompson: -- in my office, I received two additional attachments for the UASI grant. Did someone confuse our paperwork? Deputy Chief Kemp: Both item 4 and item 5 referenced UASI grant. The one that needs the substitution will be RE.S. City of Miami page 3 Printed on 4/302010 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City CI rk Aye: 3 - Angel Gonzalez, Marc David Samof1 Joe Sanchez, Tomas Regalado and Michelle Spence -Jones 2 . Office of the Mayor 4/17/08 Signed by the Mayor Office of the City Clerk 2 Office of the City Clerk 4/17/08 Signed and Attested by City Clerk 2 Office of the City Attorney. I0/31/08 Reviewed and Approved City orMiami Page 4 Pnntad on 4/30/2010 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk City of Miami Legislation Resolution File Number: 08-00356 City Hall 35D0 Pan American Drive Miami. FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "URBAN AREAS SECURITY INITIATIVE ("UASI") GRANT PROGRAM (FISCAL YEAR 2007)," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $11,620,600, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, PASSED DIRECTLY TO THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT ("DEM"); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ITS CONTIGUOUS COUNTIES, MIAMI-DADE, MONROE AND THE CITY OF HIALEAH, SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI'S DEPARTMENT OF FIRE -RESCUE, AS AN UASI SPONSORING AGENCY, CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED IN THE FORM OF GRANTS FROM THE STATE OF FLORIDA DEM. WHEREAS, most states and municipalities have strengthened their overall capability to respond to acts of terrorism involving chemical, biological, radiological, nuclear or explosive weapons, there continues to be room for improvement in meeting our national priorities in preventing and responding to terrorist attacks; and WHEREAS, the United States ("U.S.") Department of Homeland Security, State of Florida, Division of Emergency Management, is authorized by the Emergency Wartime Supplemental Appropriations Act 2003, to provide funds to states for subsequent distribution to selected urban areas to address the unique equipment, training, planning, exercise and operational needs for large urban areas, and to ssisLthem-inbuildingan_erahar ced.a! d-austa,nabtecapaci y to prevent, r spond torandrecover from threats or acts or terrorism; and WHEREAS, the U.S. Homeland Department Security, through the State of Florida, Division of Emergency Management ("DEM"), has sub granted an Urban Areas Security Initiative Grant Program (Fiscal Year2007) ("UASI Grant FY 2007"), to the City of Miami ("City") and its contiguous counties, Miami -Dade, Monroe, and the City of Hialeah ("Contiguous Counties and Hialeah"), in the amount of $11,620,600, for Fiscal Year 2007; and WHEREAS, as stipulated in said grant award, the City Department of Fire -Rescue will use said funds to address the unique equipment, training, planning, exercise and operational needs of the City City of Miami Page . of 3 Printed On: 3/20/2008 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk File Number. 08-00356 and the Contiguous Counties and Hialeah, and to assist the City in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and WHER AS, in accordance with the UASI Grant FY 2007, the attached Memorandum of Agreemen with City's Contiguous Counties and Hialeah, will provide the necessary guidelines to coordinate he UASI Grant FY 2007 between aforementioned counties to enhance the City and its surrounding jurisdictions' ability to respond to terrorist threats or acts and will permit the City to reimburse its Contiguous Counties and Hialeah for its expenditures that are compliant with said project; and WHEREAS, it is now appropriate for the City Manager to accept said grant and to establish a special revenue fund for the appropriation of said grant award; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMi, FLORIDA: 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 following new Special Revenue Fund is established"and resources are appropriated as described below: FUND TITLE: Urban Area Security Initiative (UASI) Grant Program (Fiscal Year 2007) RESOURCES; Department of Homeland Security $11,620,600 Passed directly to the State of Florida Division of Emergency Management APPROPRIATIONS: S 11,620,600 Section 3. The City Manager is authorized{1} to accept said grant award and to execute the necessary documents to implement acceptance of said grant award. Section 4. The City Manager is authorized{1} to execute Memorandum of Agreements, with its Contiguous Counties and Hialeah, for the purpose of setting forth the parties' responsibilities in . connection with the development and support of the UASI project administered by the City's Department of Fire -Rescue, as an UASI sponsoring agency, contingent upon funding of said project being secured in the form of the grants from the State of Florida, Division of DEM. Section 5. 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 City of'Miami Page 2 of 3 Printed On.: 3/20/2008 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk File Number: 06-00356 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 10 those prescribed by applicable City Charter and Code provisions. {2) If the Mayor does not sign this Resolution, it shalt become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. CO, of Miami Page 3 of 3 Printed On: 3/20/2008 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Contract Number 09DS-24-11-23-02-011 CFDA Number. 97.067 FEDERALLY -FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency Management, with hea 9uarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and City of Miami, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Division has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Division and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, AftachmentA of this Agreement. (2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES Both the Recipient and the Division shall be govemed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin July 1, 2007 and shall end April 30, 2010, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING 1 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal ACommon Rule: Uniform Administrative Requirements for Slate and Local Governments" (53 Federal Register B034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other r4ionprofit Organizations,' and either OMB Circular No. A-87, "Cost Principles for State and Local Governments,' OMB Gircular No, A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for -profit) organization on a cost -reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, fora period of five years from the date the audit report is issued, and shall allow the Division or its designee, Chief Financial Officer, or Auditor General access to such records upon request The Recipient shall ensure that audit 'working papers are made available to the Division designee, Chief Financial Officer, or Auditor General upon request for a period of five years fruni the date the audit report is issued, unless extended in writing by the Division with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued al $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after the dosing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, Including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws -and regulations. • (d) The Recipient, Its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times 2 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk to the Division, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normaf business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be.tlmited to, auditors retained by the Division. J (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m, to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shalt also provide the Department and/or the Division with the 'records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization. as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $5OO 000 or more in Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in • accordance with the provisions of OMB Circular A-133,•as revised. OCHIBIT 1 to this Agreement indicates Federal resources awarded through the Division by this AgreemenL In deteimining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB CircularA-133, as revised. An audit of the Recipient conducted by the Auditor General in_accordance_with_the_.provisions ot_OMB Circular A 133, as revised will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart G of OMB Circular A-133, as revised. 3 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk If the Recipient expends less than $500,000 in Federal awards in its Fiscal year, an audit . conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in ils fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (Le_, the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required try subparagraph (d) above shaft be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: Department of Community Affairs Office of Audil . Services 2555 Shumard Oak Boulevard Tallahassee, Ronda 32399-2100 an electronic copy shalt also be submitted to aurilla.parrish(Jdca_state1l.us and Division of Emergency Management Bureau of Response 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised {the number of copies required by Sections .32D(d)(1) and (2), OMB CircularA-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10° Street Jeffersonville, IN 47132 Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB CircutarA-133, as revised. ff) Pursuant to Section :3200 (T), OMB CircularA433, as revved, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard 4 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Tallahassee, Florida 32399-2100 an electronic copy shall also be submitted to auritla.parrish@ndca.state.fl.us and (9) Division of Emergency Management Bureau of Response. . 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Any reports, management letter, or other information required to be submitted to the Department and the Division pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 1p.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department and the Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (1) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department or the Division has notified the Recipient of such non-compliance,, (f) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under chapter473 Ra. Stat. The IPA shaif state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department and the Division no later than nine (9) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors In completing the work described in the Scope of Work and the 5 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk expenditure of funds under this Agreement, in addition to such other information as requested by the Division. (b) Quarterly reports are due to be received by the Division no Later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such. other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Division' means that the work product was completed In accordance with the Budget and Scope of Work, Attachment A. (e) The Redpienl shall provide such additional program updates, reports or information as may be required by the Division. • (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that tirrie schedules are met, the Budget and Scope of Work, Attachment A is accomplished within the specified time periods, and other performance goats stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in the Budget and Scope of Work, Attachment A to this Agreement, and reported in the quarterly report In addition to reviews of audits conducted In accorzlance with OMB Circular A-133, as revised and Section-215 97, Fla. "Stat. (see- Paragraph (6) At1Dfr REOLTiREMt 7v i S,-above ), monitoring -procedures -- may include, but not be limited to, on -site visits by Division staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with ail monitoring procedures/processes deemed appropriate by the 6 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees b comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any J Inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a Stale agency or subdivision, as defined In Section 76828, Fia. Stat. the Redolent shall be solely responsible to parties with whom it shall deal in carrying out (he terms - • of this agreement, and shalt hold the Division harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient.agrees that it Is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stet_, agrees to be fully responsible to the extent provided by Section 76828 Fla. Stat. for its . negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. 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 matter arising out of any contract • (10) DEFAULT. if any of the following events occur ('Events of Default"), alt obligations on the part of the Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the Division may, at Its option, exercise any of its remedies set forth in Paragraph (11), but the Divislon may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 7 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk (a) if any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Division shall at any lime be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or J is unable or unwilling to meet its obligations thereundeh (b) 11 any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement (11) REMEDIES. Upon the happening of an Event of Default, then the Division may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination: The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the'address set forth In paragraph (13) herein; (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or eny part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Division for the amount of costs incurred for any Hems determined to be ineligible; (e) Require that the Recipient return to the Division any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available under law. (gj The pursuit of any one of the above remedies shall not preclude the Division from • pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Division of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall.affect or extend or act as a waiver of any other right or remedy of the Division hereunder, or .affect the subsequent exercise of the same right or remedy by the Division for any further or subsequent default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause upon thirty (30) days written notice. Cause shall include, but not be limited to, misuse of funds fraud; lack of compliance with Optical* rules, laws and regulations; failure to perform in a timely manner, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stet., as amended. • (b) The Division may terminate this Agreement for -convenience or when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c)_The_parties_may agree -to terminals.lhisAareemenLforsheirmutual convenience as evidenced by. written amendment.of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. 9 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement (b) The .name and address of the Division contract manager for this Agreement is: Carolyn Washington, Community Assistance Consultant Division of Emergency Management Bureau of Response Grants Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 410-1271 Fax: (850) 488-7842 Final: carolyn.washington{1uem.mvflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement Is: Joseph R. Fernandez City of Miami Department of Fire -Rescue 1151 NW 7" Street, 3'd Floor Telephone: 305-416-5414 Fax: 305-400-5031 Email: jrfemandez®miamigov.com (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided In (13)(a) above. (14) SUBCONTRACTS ID • Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson Citv Clerk 1! the Recipient subcontracts any or all of the required under this Agreement, a copy of the unsigned subcontract must be forwarded to Division farrand approval prior to execution of the subcontract by the ode in the subcontract that (i) the subcontractor Ch • is bound by the terms is Agreement, (ii) the•subconlractor is bound by all applicable state and federal laws and regulations, and (8i) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing tts work under this Agreement shall be documented in the quarterly report submitted by the Recipient For each subcontract, the Recipient shaft provide a written statement to the Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Slat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. • • (16) ATTACHMENTS (a) Alt attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A — Budget and Scope of Work Attachment B — Program Statutes and Regulations Attachment C — Justification of Advance Attachment D — Warranties and Representations Attachment E — Certification Regarding Debarment Attachment F — Assurances (17) FUNDING/CONSIDERATION 11 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk (a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed 11,620,600 subject to the availability of funds, (b) Any -advance payment under this/Agreement is subject to Section 216.181(16), F1a.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. Fora federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment C. Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. _X_ No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement • If the necessary funds are not available to fund this Agreement as a result of action by Congress, the State Legislature, the Office of the Chief Financial Officer, the State Office of A/anning and Budgeting or the Federal Office of Management and Budgeting, all obligations on the part of the Division to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Division. (18) REPAYMENTS All refunds or repayments to be made to the Division under this Agreement are to be made payable to the order of 'Department of Community Affairs" and mailed directly to the Department at the following address: 12 • Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat, i(a check or other draft is retumed to the Division for collection, Recipient shall pay to the Division an additional service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the returned check or draft, whichever is greater. (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Division shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, Inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement Failure to issue the warrant within 40 days shall result in the Division paying interest at a rate as estabfished pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 413-551 6. (20) STANDARD CQNDITiONS (a) The validity of this Agreement is subject to the truth and accuracy of ati the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Division request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. . (b) This Agreement shall be construed under the laws of the Stale of Florida, and venue for any actions arising out of this ANreement shall hie in the Circuit Court of Leon County. tf any provislon hereof is In conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalldate any other provision of this Agreement. 13 • r:v• Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees 10 comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with arty pubfic.entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list, (g) Wrth respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal govemrf ent, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: • 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2, have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense In connection witfi_obtaining,_attempting iorabtain. Prperforming.apublic-(federal,state.or Ir[) trartsactlorl or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 3. are nol presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph, 20(h)2, of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, stale or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shalt submit to the Division (by email or by facsimile transmission) the • completed `Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion' (Attachment D) for each prospective subcontractor whidi Recipient intends to fund under this Agreement Such form must be received by the Division prior to the Recipient entering into a contract with any prospective subcontractor. (h) The State of Florida's performance and obligation Io pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stet, or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. U1 If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Division reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to an documents', papers, letters or other material subject to the provisions of Chapter 119, Fla. Stet:, and made or received by the Recipient in conjunction with this Agreement 41)— _if _the Recipient is allowed toiamporailly invest any_advances_of funds _under this Agreement, any interest income shall either be retumed to the Division or be applied against the Division's obligation to pay the contract amount. 15 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk (m) The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ('tNA")J. The. Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department_ (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat ) with respect to the meetings of the Redpienl's goveming board or the meetings of any subcommittee making recommendations to the goveming board. All such meetings shall be publicly noticed, open to the public, and the minutes of aft such Meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (o) Unless inconsistent with the public Interest or unreasonable in mst, all unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United Stales as required under 41 U.S.C. 10a. (21) LOBBYING PROHIBITION (a) No funds or other resources received from the Division in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or win be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the r making of any Federal loan, the entering Into of any cooperative agreement, and the extension, 16 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreemenL 2. If any funds other than Federal appropriated funds have been paid or will be J paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract, grant, loan orcooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions: 3. The undersigned shalt require that the language of this certification be included in the award documents for al! subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for.1 making or entering into this transaction Imposed by Section 1352, Title 31, U.S. Code. My person who fails to file the required certification shall be subject to a civil penalty of not iess than $10,000 and not more than $100,000 for each such failure. (22) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR 1N CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. • (a) tithe Recipient brings io the performance of this Agreement pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the ,Agreement provides otherwise. 17 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk (b) ff any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the -Recipient shall refer the discovery or invention to the Division for a determination whether patent protection will be sought in the name of the Slate of Florida. My and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrighlabie material are produced, the Recipient shall notify the Division. Any and all copyrights accruing under or in connection with the performance under Ibis Agreement are hereby transferred by the,.Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any - pre -existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists, The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the AgreemenL (23) LEGAL AUTHORIZATION. -The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its goveming body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that' the undersigned possesses the authority to legally execute and bind Recipient io the terms of this Agreement (24) ,ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment G. Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed'by their undersigned officials as d . u iorized. RECIPIENT: CITY 0 BY: Name and title: Pedro G G. Date: 4("�/ eTJ SAMAS * City Manager FlD# S4) "` e.e 0003 9 S STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BY: Narne and Title: W, Craig Fugate Director Date: U ` rL i ` O p) 19 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Urban Area Security Initiative ("UASI") Grant Program — FY 2007 & Memoranda of Agreements ATTEST: Priscilla A. Thompson City Clerk APPROVED AS TO FORM AND CORRECTNESS: Julie 0, Bru City Attorney (a) CITY OFAMI, FLORIDA Pedro G. Hemanaez City Manager APPROVED AS TO Ih1SU' • CE REQUIRENMENTS LeeAnn Brehm, Birector Risk Management Division OPleY'4( ad Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: 1 NOTE. if the resources awarded (o the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) — CFDA *97.067 11,620,8 00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED• PURSUANT TO THIS AGREEMENT ARE AS -FOLLOWS: NOTE If the resources awarded 10 the recipient represent mote than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. .Federal Program: List applicable compliance requirements as follows: 1. Recipient is to use funding to perform the following eligible activities as identified in the United . States Department of Homeland Security, Federal Emergency Management Agency, National Preparedness Directorate Fiscal Year 2007-08 State Homeland Security Grant Program {SHSGP), consistent with the Department of Homeland Security State Strategy. 2_ Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be In violation of the teens of the Agreement NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires tha recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federa/ Program 1, the language may state that' the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used of how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation re (egad to. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97{5)(a), Florida Statutes, require that the information about Federat Programs and State Projects included In Exhibit 1 be provided to the recipient. 20 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Attachment A Budget and Scope of Work Proposed Program Budget Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the "Proposed Program Budget" as a guide for completing (he "Budget Detail Waisheel" below. eii. No more Than 5% of the total award may be expended on Management and Administration costs by the Recipient. .i- No more than 25% of the total named may be used to support select Operational Activities by the Recipient and written approval must be provided by the State prior bathe use of any PY2007 UASI funds for operational activities. elk At the discretion of the Recipient, funds allocated to Management and Administration andfor Operational Activities (as described in the -Proposed Program Budget') may be put towards Programmatic costs instead. Urban Arca Security Initiative - Miami J Goy of Miami Urban Area - Issue 65 Total Award S11980,030 State Management and Administration withheld 5% $599,000 City of Miami Award (after 5% reduction) SI1,381,000 City of Miami 3% of Management and Administration (3% of City's award). This amount is INCLUDED in the City of h33ami award amount of 511,381,000. .5347,430 Slap Management and Administration 2% pass - through (2% of original allocation) to the Oty of Miami. This amount is IN ADDITION to the City of Miami 3 % M & A allocation and award. $239,600 Per FY07 Grant Guidance, no more than 5% of the total amount allocated to the State for programs within FY07 FISGP may be retained at the State level and used for Management and Administration purposes. These State M&A funds must be ---included, when accounting for -the total funds -r tuirred-by-the State. in addiion, local jurisdiction sub -grantees may retain and use up to 3% of their sub -award from the State for local M&A purposes. States may pass through a portion of the State M&A allocation to local sub -grantees in order to supplement the 3% M&A allocation allowed on sub -grantees. However, no more than 5% of the total sub - award may be expended by sub -grantees on M&A costs. Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 8Lt,d i L ±z& 1 wa i ks h.e c--7 Miami Urban Area - 2007 UASI Budget Description of Project AEL No. Budget Submittal Radios for Fire, Police and EM in City: 50 radios 06CP-01-PORT $ 7,500 Emergency Deployable P25 suitcase repeaters 06CP-01-REPT $ 25,000 lnteroperable Improvements: sustain existing systems 06CP-02- BRDG et al' $ 25,000 lnteroperable communications through P25 compliant radios 06CP-01-FORT $ 100,000 Mobile Data Terminals (174 for police) 04HW-01-MOBL $ 300,000 MESH lnteroperable Info Sharing Network 06CP-04-WADN k-$1A4-762;730 Citizen Corp Training, Equipment and exercise 21GN-00-CCEQ $ 40,000 Planning Coordinator PLANNING $ 100,000. NJMS Compliance training Including backfill and overtime 21GN-00-TRNG $ 75,000 Sustain CCTV surveillance system 13LE-00-SURV $ 10,000 CBRNE Training including backfill and OT 21GN-00-TRNG $ ,-, 705100 $ r-b100;000 Technical Rescue Team Training and equipment 21GN-00-TRNG Planning, Training and Exercises: instruction, materials and backfill overtime 21GN-00-TRNG $ f 112;-000 `:.--o Communications equipment for Special Ops . 06CP-01-HFRQ �) et al 1 $ •� 13; 'r-' Portable Radio Voice Channel Announcement: software, template and Image portable radios (500) 06CP-01-PORT $ = . 15,00'6 ._ Fixed Satellite Phones for City's Critical Infrastructure: 8 additional phones in total for city-wide emergency operations, to include service. 06CC-03-SATE $.7- 213,000 Sustain Mobile Satellite Phones 06CC-03-SATM $ 30,000 City-wide Blackberry Build out, Maintenance & Sustainment • 2WAY 04HW-01-MOBL or 06CC-02- $ 65,000 Emergency Reserve Portable Radio Cache and Accessories 106CP-01-PORT $ 201,163 Printed materials for public education City of Miami UASI Travel 21 GN-00-CCEQ 09ME-01-ADMN OR PLANNING 6,510 $. 20,000 Maintain City of Miami CERT prouc ram Miami Deputy Emergency Management Planner (14 months) includes city indirect costs UASI Miami Management and Administration Citywide CCTV Fire Stations/Locations Physical Security Enhancement to include perimeter security and video monitoring Fire Prevention Bureau Laptops: 30 laptops, 30 printers, 30 cameras Fire Station/Locations Communication Equipment Hardening (14 locations) Two Uninl:erruptedPower.Sources (UPS) far_two off -site. Police_EOCs 21 G N-00-CCEQ PLANNING M&A 13LE-00-SURV 05NP-00-SEIM 04HW-01-NTSK 14SW-01-SNSR et al 10PE410-UPS , $ 25,000 $ 202,333 $ 359,400 $ 510,807 $ 70,000 $ 75,000 $ 100,000 $_._ __111,123 Fire Stations/Locations Emergency Generators: generators, design, permitting, installation and maintenance NiMS and CBRNE Specialized Training: overtime and instructor and equipment costs Mobile Command Unit Build out technology enhancements and maintenance Portable Emergency Operations Communications Center Emergency Management Program Sustainment & Enhancement: PT&E force multiplier; maintain CEMP, EMA standards 10GE-00-GENR $ 125,000 21GN-00-TRNG $ 200,000 12VE-00-CMDV 21 GN-00-0CEQ 09ME-01-ADMN $ 5,000 $ 6,042 $ 110,000 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Miami Urban Area - 2007 UASI Budget Description of Project ✓ AEL No, Budget Submittal City Emergency Operation Center (EOC) Facility Enhancement to include 21GN-00-0CEQ video displays, cameras, sound system, furniture; PC replacement, conferencing device, etc $ 350,000 SCBA Air Fill Station (a) Training Center 01AR-01-SCBA $ 15,000 Maintenance supplies for Rad Readers 07RD-01-PDGA -' $ 1,100 CBRNE Decontamination Program for Personal Protective Clothing: 08D2-03-TDEW commercial extractors and decon for bunker gear, etc $ 60,000 Maintain & Sustain CBRNE Antidotes and ongoing replacement due to 09PH-05-NAAK expirations $ 66,000 CBRNE Compliant SCBA - 260 units • 01AR-01-SCBA $ 200,000 Night Vision Imaging_ for Helicopter 18AC-00-ACUP $ 10,000 Helicopter Mapping Technology 18AC-00-ACFT $ 11,660 Portable Light Towers (if) 030E-03-LTPA $ 14,322 Maintain and Sustain CBRNE Equipment VARIOUS $ 60,000 Night Vision Equipment for Special Ops 030E-02-TILA $ 130,130 AVL Enhancement: Global positioning system for 140 field units 04AP-02-DGPS $ 5,000 Portable Live Fire Car Trainer 21GN-00-TRNG $ 90,000 CBRNE Training 21GN-00-TRNG $ 20,000 $ 70,000 Emergency Response Training for lst Responders through University of 21GN-00-TRNG Miami AM Radio Emergency Alert Sustainment & Build out: add'! transmitter site, 04AP-09-ALRT maintenance recurring fees, phone service $ 30,000 • Portable Emergency Traffic Control Devices Previously Approved but rio AEL $ 80,000 MIR3 Maintainance and Support 04AP-09-ALRT $ 38,814 - Exercise Training Workshop 21GN-00-TRNG $ 30,000 RDSTF Support • PLANNING $ 200,000 ; Plan -Development (incl. NIMS compliance) . PLANNING $ 100,000 Trainging Coordination TRAINING $ 70,000 . ICS Training (300, 400, IMT, Section Ch.) • TRAINING . $ 200,000 Assessments PLANNING $ 10,000 CERTtraining and expansion 21GN-00-TRNG $ 20,000 Exercise Support EXERCISING $ 300,000 Portable Emergency Shelters (75) to include sleeping & sanitation) 19SS-00-SHEL $ 100,000 Emergency Fuel Vehicles deployable fuel tankers $ 129,186 Homeland Security &Terrorism Awareness _12VE-00-SPEC 21GN-00-TRNG $ 190,396 - Evidence Collection & Storage Platform , 12VE-00-MISS, 030E-01-BGEV $ 155,600 "- Chemical identification Eou prnent 07CD-01-FTIR $_-__..48,000_ '`T CBRNE Robotix Capabilities (for confined areas) 030E-07-ROBT $ 200,000 Homeland Security Command & Control 12VE-00-CMDV $ 1,020,010 _ Flood Rescue Equipment: equip and train USAR/FL-TF1 to swiftwater flood rescue level - 21GN-00-TRNG $ 100,000 , Integration of CBRNE Capabilities for JHR Teams PLANNING $ 325,000 --- Rescue Operations Training (2,000 units) 21GN-00-TRNG $ 352,996 Upgrade Remote F6 Robot 030E-07-UPGO $ 150,000 Mobile Foam Delivery Trailer 12TR-00-TEQP $ 150,000 USAR Collapse/Rescue Trailer for FL-TF1 equipment 12TR-00-TEQP $ 300,000 c?,3 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Miami Urban Area - 2007. UASI Budget • Description of Project AEL No. Budget Submittal All Terrain Forklift for FL-TF1 , Florida Task Force 1 19MH-00-8ULK $ 70,000 Video Rescue Throw Phone 06CC-01-CELL (previously approved) $ 7,000 Rebreathers O1AR-02-APR $ J88,160 Special response unit to hold WMD response equipment, lighting and technical rescue equipment & medical cache 12TR-00-TEQP $ 125,620 Personal Protective Equipment (PPEs) for all police & Fire personnel 01EM-02-GARM $ 26,540 First responder formalized training - simulated patient training monitor 21GN-00-TRNG (Sint Man) for all police and fire personnel $ 30,360 Public Works - Water & Wastewater Utility Control Room Security 14SW-01-SNSR $ 47,000 Police - Regional Investigative Capabilities 131T-00-SGNT $ 55,000 Generator for Logistic Base for First Responder Supplies and Distribution . 10GE-00-GENR $ 13,530 Public Works- Water Tanks Perimeter Fence Security System • 14SW-01-WALL $ 99,900 Fire - Fire Training: Training costs for FL USAR members to certify in collapse rescue, VMR & confined space and trench rescue 21 GN-00-TRNG $ 121,560 Sustain UASI'Regional Project Planning 09ME-01-ADMN $ 556,800 Regional USAR Training: to sustain training funded in 2006 for 2 USAR task forces (TF1 and TFp,2); overtime costs 21GN-00-TRNG $ 250,000 Sustain Regional HazMat Training to sustain training for 160 HazMat training courses for Region 7 (instructor and materials). • 21GN-00-TRNG $ 356,000 Scalable Tent (Alt Hazards) for Surge Capacity and Alternate Medical Treatment Sites 09ME-01-SHEL $ 35,200 Broadband Mobile Data Center to maintain communications 04HW-01-MOBL $ 168,499 Monroe County Sheriffs Office Communications Project to include message boards, fixed computer system with external antenna; generator fuel tank) 04HW-01-0TOP • $. 168,499 - Total CPO $ 11,620,5 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Budget Detail Worksheet The Recipient is require) to provide a completed budget detail wodsheet, to the Division, which accounts for the total award for issue 65 es described in the "proposed Program Budget". if any changes need to be made to the `Budget Detail Worksheet", Bm the execution of this contrail, contact the contract manage listed in this ca lracl via avail or letter. Develop and implement homeland severity support programs and adopt ongoing DHS national initiatives Develop or conduct assessments Establish, enhance, or evaluate Citizen Corps -related volunteer programs Hiring of full or part-time staff or co nlraciorsiconsultanls to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) Conferences to facilitate planning activities Materials required to conduct planning activities Travel/per diem related to planning activities Overtime and traddill casts —Payment of overtime expenses will be for work performed by award (SAA) or sub -award employees in czars of the established work weed: (usually 40 hours) related to the planning activ Ucs for the development end implementation of the programs under HSGP. Other projects areas with prior approval from GAT Overtime for irrfonnation, investigative, and intelligence sharing activities Reimbursement of select operational expenses associated with increased security measures at critical infrastructure sites, inured during lime periods of DHS- declared Code Orange or Yellow (limited to 1 D%) or Cott Orange (limited to the remainingl5%). Funds may only be used in the following authorized categories: • flackbll and overtime expenses for staffing state or local EOCs • Hiring ofcontracted security for critical infrastructure sites • Public safety overtime • National Guard deployments to protect critical infrastructure sites • Increased border security activities in coordination with CEP. Flinng oTcontractorslconsuftants for participation in information/intelligence analysis and sharing groups or intelligence fusion center activities Overtime and beckfili funding for emergency preparedness and response personnel attending G&T-sponsored and approved training classes. Grantees may also use GAT grant funds to cove overtime and bacldiU expenses for part-time and volunteer emergency response personnel participating in Get T training. OAST funds may also be used for training cltizens in awareness, prevention, protection, response and recovery skills 22 J Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson Citv Clerk Training Workshop and Conferences -. Full or Part -Time Staff or Contractors/Consultants Travel ,, Supplies Other items A complete list of G&T approved courses may be found at www.oio.usdoi eov/odninpcsTTED Course Catnloy2007,Ddf •�<,� 7f : I 1 < } 1 .. .. '1 7 1� r+, f�1 r.. .r .'• i i{ ` Exercise ?leaning Workshop - Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting span and other meeting costs, facilitation acts, materials and supplies, travel and exercise plan development. Full or Part -Time Staff or Contractors/Consultants -Full or part -lime stall may be hired to support exercise -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable, The services of contraclors/consultanls mey also be procured to support the design, development, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. Overtime and backlit' costs —Overtime and backfili costs associated with the design, development and conduct of CBRNE exercises are allowable expenses, Grantees may also use G&T grant funds to cover overtime and tiff -I. -fill expenses for part -lime and volunteer emergency response personnel participating in G&T exercises. Travel -Travel costs (:e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who arc on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow • state regulations regarding travel. if a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the Q/P Financial Guide. For further information on federal Isw pertaining to travel costs please refer to vww.ojD.usdol..ov/finauidet76/. Supplies -Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(%) (c.g., copying paper, gloves, tape, ran -sterile masks, and disposable protective equipment). Other Items - These costs include the rental of space/locations for exercise planning and conduct, exercise signs, bodges, etc. Ir t`�9 t _ € �t ,tom ,. * ssa rQ u :lf � Yi wsrS C s ,; ;}rL.�, -.�,�� A...;�}-„ a ' 4 z t r' am' ' ,fft3O t. r -' 1 .(.rit IQlvt�Ike .1 I f'tf ea t'° �'{;r , A4 nr� ' „lie "ylj r r• F`i.^ PF - - - eel • t „ F the$ a. ei1'ti1 S+e f n.. Y ti t 1 +-i( -}. 4� Mir W"q Y r� r .rr M t L/. ter( r t f( ray r t 1 7y i fJUn 7h & t r.. t tnr fr >71 3-t' �[' �,...,,,,,, d kr } .3.�.i ,+y,.I 1F�I.v�- a'!'fisr'! r 1 m elf 1 . A. 1.0_ iy is r 3 n Ff 3 r . y 1'_, 9r t r ib' ''"• Y fit} y � P �a, a dy�j e �Ki 3 1 1 n. 7-4, tar tie rya' ` L37 N �`2L C � r 7 j�f} 5�{'�" . i Y ri hi Ir cs i n k'r. C � l � �, �h �!y� y. i. a"c.t.�3 ewer a} v+' � ,t' �( va� �t, I Iit? -Y, l N' i A zrri� riri, �,;,�t -k rt-+. y* rc,l ,i f L R t. _�iL;Z , 5• 1 } il,l. } i�p. 1 1 �k b 1ism.. 2 i`� ' ` i ` (a�"j'�q }`'Z. 1 z3. 1' i I z Y J?� 1'Jt 1 ... '.5. ! ��tfiS �.,,5�+Jr '-'-�— -�: S`i.y.w� i�'�!�' �-' d .b '`s1 "{' " b5 ; ti r tl i'r rr%Y.f .'-' ;fi ° . . ?Y•_.F e,..:'. ..c li . f d ,,,, •gr `��Z 'ate t , s ,' rs. irl?'�. ,hF fy i�+'y..,r�, s(1, i 5. -"', Oi4:'N' uaW hISi 23 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk ..-py miYwsy ` -•^.. ,.7---f „30 6.":474cln1k"... k?{)3 te-0 a�,yr'P �hia a r . 4g^•�7e W7Y nutn4Pgr,,,,kn::.0.sOtA.A'4v:{4ZNAA 4Veq :t"v'^''E Nryr 1 :... �>��q� i`c ri ic�yy en iatwe ue amen! Y c F1..•+ea:r. �1'r.�.:, _ .A.a�T" '�.r3� R^�Y•. ,�lrFiF���� aT 'R"7i ".r•.L"•'.eLEi 1's�. a ; Lar,� a a � v>, c Tyµa•t ty; r t><� i nCerpm{ etas le,�r ndiai ons'equtprt ends i's: r f f' ' ' ,,. t ti • �.cl° .a>a .7rr.•,x.••t.. %c. i;f a w:.• ,•!, r� *>.xIr.x�cn:p�yz�tq i. -e c. .,.,.werk. See i I �u'�•-�d ' a "' ,,,n4 -r.¢rrv.wi �•''+1 7°K.. n i!'.3 "e :. .e'�# - •y3+�,� '�a.�:: T•," r aeh--,y.#r l;'v:% ttv:rsq�+yx-.•'y..s..• z �rw etc supgiiewiro3m ter haminccuuraY, _4� i T , s rt: c .r yY2 �1•'lr7�a- Dv iY , LIB~rt1tie INEr erIOTOCCIT)Pena 5 7.a . . yn 4V,Yc r i. 5k :V.Itja t 4Ai a-eEexsf .a > 4z Mt. a$i-`•K' • •secuc{menhencecriLec�umannxy+ m�ESa'.::�.T':ti.!"ti }+... .L.' tur n,and� c `'-8w Nils'y'Y.�w•:'S7i; l�ilVt ,t. rms��r4;., r a u�W'f��cr`roresr� itven ran Rrspo� and�l�idtgafb�F�uigmen�-F..�.1. ::7�c:,,.aia:ra:.Vf rF-»•,T'::.lvn a.:>.,�r_m. 5 9J, .;._.._ �:�.. 1U.b::;yr• R, •tgn 'a acre hnwK...�+r•.i - 24. ,�t�,.�k ': '!0.'cL:.�t.1J 1X'✓�, 1 • .§ 0 2 �v.. ,tm j>rt• 'R4r#Silntiori rpmeno`�'j`a+� ib+�,.• J ' ' u� Y•Y' f"_ .., 6,.•r1.a,.1..m ' , G!. Tt-.. I.t.%=' T��+�,u'''vr���4+`�'�iY�.G�R•S':SIM; gaging6,167451gr. • it in �{a u m 'tfi0rri qbi �riu is dic(P°rf 9n s Q ri}pi6 ri: its nj r� y„ a � r�PaJ . of lSyfti}W`"F ' ro4ide.%th 7yW fTT30 lheiLS o,all sfR213 i3 �p i • ptafLd i ' NrSfe L.) .;,W ^x %' e:.. A<}Y tin Up to 15% of programmatic spending may be used to support the hiring of full or part-time staff to conduct eligible programmatic activities 24 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk z4titj'tr1 Hiring of full-time or part -tine stair or contractors/consultants: o To assist with the management of FY07 HSGP. o To assist with design, requirements, and implementation of FY07 HSGP. o To, assist with the implementation and administration of the Slate Homeland Security Strategy, as it tnay relate to the individual grant program. Hiring offull-Ilmcor part-time stag orcoo traetorskoasultantsand expenses related 1o: o HSGP application submission inanegement activities end application requirements. o Meetingcompliance with reporting/data collection requirements, including data calls. Development ofopera dug plans for information collection and processing accessary to respond to DHS/G&T data calls Overtime and backlit! casts — Payment ofovertime expenses will be for work performed by award (SAA) or soli=guard employees in excess of the established workweek (usually 40 hours) related to the M&A activities for the development and implementation of the programs under HSGP. These costs are allowed only to the exturl the payment for such serviar is in accordance with the policies of the state or local unit(s) of government and has the approval of the state or the awarding agency, whichever is applicable. In no arc is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Ad (FICA), Workers' Compensation and Unemployment Compensation. Travel expenses Meeting -related expenses (For a complete list of allowable meeting -related expenses, please review the CUP Financial Guide at www.oio.usdoi.20WfirmuideN5/1. 'Acquisition of authorized office equipment, including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be requited to support the implementation of the homeland security strategy. • The following are allowable only within the contract period: o Recurring fees/charges associated with certain equipment, such as all phones, faxes, etc. • o Leasing and/or renting of space for newly hired personnel to administer programs within FY07 UASL Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk i i i Scope of Work Funding is provided to perform eligible activities as identified in the Domestic Homeland Security — Federal Emergency Management National Preparedness Directorate fiscal Year 2007 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy and the Urban Area S'rategy. Eligible activities arc outlined in the Scope of Work for each catcgory below: L Categories and Eligible Activities Issue 65. Urban Area Security Initiative FY2007 UASI, Issue 65 allowable costs are divided into the following categories: planning, training, exercises and equipment acquisition. In addition, management and administration casts are also allowable, as arc certain operational costa. Each category's allowable costs have been listed in more detail in the "Budget Detail Worksheet" above. Planning Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following. • Implementing the National Preparedness Goal and Guidance • Implementing and adopting NIMS • Modifying existing incident management and Emergency Operating Procedures (EOPs) to ensure proper alignment with the NRP coordinating structures, processes, and protocols • Establishing or enhancing mutual aid agreements • Developing communications and interoperability protocols and solutions • • Conducting local, regional, and tribal program implementation meetings • Developing or updating resource inventory assets in accordance to typed resource definitions issued by the National Integration Center (NIC) • Designing state and local geospatial data systems • Conducting public education and outreach campaigns, including promoting individual, family and business emergency preparedness; alerts and warnings education; and evacuation plans as well as lED or bombing prevention awareness Developing related terrorism prevention activities including but not limited to the following: • Developing law enforcement prevention activities, to include establishing and/or enhancing a fusion center • Planning to enhance security during heightened alerts, during terrorist incidents, and/or dw-rng mitigation and recovery • -•rviuhi-discipline prepariatton across first responder community, including EMS for response to catastrophic events and acts of terrorism • Public information/education: printed and electronic materials, public service announcements, seminars town hall meetings, web postings coordinated through . local Citizen Corps Councils • Citizen Corps volunteer programs and other activities to strengthen citizen participation Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk • Conducting public education campaigns, including promoting individual, family and business emergency preparedness; promoting the Ready campaign; and/or creating State, regional or local emergency preparedness efforts that build upon the Ready campaign • EvaluatingSIP security equipment and/or personnel requirements to protect and secure sites • CIP cost assessments, including resources (e.g., financial, personnel) required for security enhancements/deployments • Multi -Jurisdiction Bombing Prevention Plans (MJBPP) • Underwater Terrorist Protection Plans Developing related critical infrastructure terrorism prevention activities including: • Planning to enhance security during heightened alerts, during terrorist incidents, and/or during mitigation and recovery • Multi -discipline preparation act ss first responder community, including EMS for response to catastrophic events and acts of terrorism • Public information/education: printed and electronic materials, public service announcements, seminars/town hall meetings, web postings coordinated through local Citizen Corps Councils • Citizen Corps volunteer programs and activities strengthen citizen participation . % Evaluating CIP security equipment and/or personnel requirements to protect and secure sites • Conduct public education campaigns, including promoting individual, family and businessemergency preparedness; promoting the Ready campaign; and/or creating State, regional or local emergency preparedness efforts that build on the Ready campaign • Evaluating CIP security equipment and or personnel requirements to protect and secure sites • Cost assessments, including resourms (financial, personnel, etc.) required for security enhancements/deployments. Developing and enhancing plans and protocols, including but not limited to: • Developing or enhancing EOPs and operating procedures • Developing terrorism prevention/deterrence plans • Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and implementation of State or Urban Area Homeland Security Strategies • Developing or enhancing border security plans • Developing or enhancing cybersecurity plans • Developing or enhancing cyber risk mitigation plans • Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans • Developing public/private sector partnership emergency response, assessment, end resource sharing plans • Developing or enhancing plans to engage and interface with, and to increase the capacity of, private sector/non-governmental entities working to meet the humans service response and recovery needs of victims • Developing or updating local or regionat communications plans 27 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk • Developing plans to support and assist special needs jurisdictions, such as port authorities and rail and mass transit agencies • Developing or enhancing continuity of operations and continuity of government plans • Developing or enhajping existing catastrophic incident response and recovery plans to include and integrate federal assets provided under the NRP • Developing or enhancing evacuation plans • Developing or enhancing citizen surge capacity • Developing or enhancing plans for donations and volunteer management and the engagement/integration or private sector/non-governmental entities in preparedness, response and recovery activities • Developing or enhancing Bombing Prevention Plans Developing or conducting assessments, including but not limited to: • Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop remediation/security plans • Conducting cyber risk and vulnerability assessments • • Conducting assessments and exercises of existing catastrophic incident response and recovery plans and capabilities to identify critical gaps that cannot be met by existing local and state resources • Conduct bombing prevention capability analysis • Activities which directly support the identification of specific catastrophic incident priority response and recovery projected needs across disciplines (e.g. law enforcement, fire, EMS, public health, behavioral heath, public works, agriculture, information technology, and citizen preparedness) • Activities which directly support the identification and advance preparation of pre - designated temporary housing sites Other eligible planning activities are listed in the `Budget Detail Worksheet" above.. B. Operational Activities No more than 253/4 of the gross amountof the UASI award may be used for operational expenses and overtime costs for the operational activities noted below. These funds may be used for the following three (3) operational activities: 1. States and local jurisdictions may use up to ZS% of FY07 UASI funds to support. select operational overtime costs ac - r'iated with increased security measures at critical infrastructure sites in UASI jurisdictions during periods of heightened alert_ 4- Of this amount, up to 10% of FY07 UASI funds may be used to support operational overtime costs incurred at Code Yellow or Orange that are associated with increased security measures at critical infrastructure sites in UASJ jurisdictions. • The remaining IS% ofFY07 UASI funds may be used to support operational overtime costs incurred only at Code Orange that are associated with increased security measures at critical infrastructure sites in UASI jurisdictions. 28 • Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Grantees and sub -grantees may use UASI funds for select operational expenses associated with increased security measures at critical infrastructure sites, incurred during time periods of DHS-declared Code Orange or Yellow. Funds may only be used in the following authorized categories: BackfiiI and overtime expenses for staffing state or local EOCs 1 Hiring of contra/tad security for critical infrastructure sites Public safety overtime ,I National Guard deployments to protect critical infrastructure sites, including all resources that are part of the standard National Guard deployment package (consumable costs, such as fuel expenses, are not allowed except as part of the standard National Guard deployment package) J. increased border security activities in coordination with.CBP. 2. Overtime costs are also allowable for personnel to participate in information, investigative, and intelligence sharing activities specifically related to homeland security. This includes activities such as anti -terrorism task forces, Joint Terrorism Taskforces (J1 I1•), Area Maritime Security Committees (as required by the Maritime Transportation Security Act of 2002), and Terrorism Early yarning (1 LW) groups. 3. Hiring of contractors/consultants for participation in information/intelligence sharing groups or intelligence fusion centers. 4- Critical Infrastructure • Sites Local governments should generally consider critical infrastructure to include any system or asset that if attacked would result in catastrophic loss of life and/or catastrophic economic loss. In addition, protection for the following specific types of facilities should also be considered: *k, • Protective security enhancements for large public gatherings/arcas,.such as New Year's Eve celebrations, sporting events and outdoor concerts Public water systems serving large population centers Primary data storage and processing facilities, major stock exchanges and major banking centers .L Chemical facilities located in close proximity to large population centers .L Major power generation facilities that exceed 2000MW and if successfully attacked would disrupt the regional electric grid .� Hydroelectric facilities and darns that produce power in excess of 2000MW or could result in catastrophic loss of lifeif breached Nuclear Power plants Electric substations 500KV or larger, and substations 345KV or larger that are part of a critical systemstlpporting populations inexcess of one_ million people .l Rail and highway bridges over major waterways that, if destroyed, would cause catastrophic economic loss ... Major highway tunnels under waterways that if attacked would cause catastrophic Joss of life or catastrophic economic impact Major natural gas transmission pipelines in excess of 3000 bcf throughput Natural gas and liquid natural gas (LNG) storage facilities 29 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk J. Major petroleum handling facilities such as pipelines, ports, refineries and terminals 1 Major mass transit subway systems and the supporting ventilation systems 4. Telecommunications, intemJet, and cyber facilities 5. Approval Process: In order for grantees to drawdown funds for operational activities, the grantee must provide the Division with: -1 The critical infrastructure site requiring additional security; 4. If an event will be taking place, the title of the event and the time period of the event; • A detailed budget and a rutai eiollar amount associated with the additional security; Email the above information to the contract manager fisted in this -contract for review and approval. • Note: Written approval must be provided by the State prior to the use of any FY2007 UAST funds for operational activities. C. Equipment Acquisition ' FY2007 SHSP funds may be used for equipment acquisition from the 21 equipment categories listed in the FY2007 Grants & Training (G&T) Authorized Equipment List (AEL). Die FY2007 AEL is available in its entirety online through the Responders Knowledge Base (RKB) at www.rkb.mipLorg. The equipment categories arc outlined below and in the FY2007 SHSP Program Guidance. Authorized equipment includes the following: • Personal Protective Equipment • CBRNE Incident Response Vehicles • Explosive Device Mitigation and Remediation Equipment • Terrorism Incident Prevention Equipment • CBRNE Operational and Search and Rescue Equipment • Physical Security Enhancement Equipment • Information Technology • Inspection and Screening Systems • Cyber Security Enhancement Equipment • Agricultural Terrorism Prevention, Response and Mitigation Equipment • trtreroperabie Communications Equipment • CBRNE Prevention and Response Watercraft • Detection Equipment • CBRNE Aviation Equipment • Decontamination Equipment • CBRNE Logistical Support Equipment • Medical Supplies and Limited Types of Pharmaceuticals • Intervention Equipment 30 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk • Power Equipment • CBRNE Reference Materials • Other Authorized Equipment D. Training Allowable training -related costs include: 1) establishfnent of CBRNE terrorism and cyber . security training programs within existing training academies, universities or junior colleges; and 2) overtime and backfill costs associated with attendance at G&T- sponsored and al approved CBRNE and cyber security training courses. The target audience for training courses include emergency preparedness, prevention and response personnel, emergency managers and public/elected officials within the following disciplines: fire service, law enforcement, emergency management, emergency medical services, hazardous materials, public works, public health, health care, public safety communications, governmental administrative, cyber stct:rity, and private security providers. In order to deliver these courses, state and local instructors must be certified to deliver the course by successfully completing G&T train -the -trainer course delivery. Detailed descriptions of G&T courses art included in the Training ant Education Division Course Catalog at www.ojp.usdoj.gov/odp/docs/TED Course Cat alog200 7. pd f .E. Exercises Funds may be used to design, develop, conduct, and evaluate exercises that: • Provide homeland security preparedness personnel and volunteers a venue to practice prevention, protection, response, and recovery activities. • Evaluate prevention and response plans, policy, procedures, and protocols, including NIMS and NRP. • Assess the readiness of jurisdictions to prevent and respond to terrorist attacks. • Encourage coordination with surrounding jurisdictions in prevention, protection, response, and recovery activities. • Implementation of HSEEP, including developing and maintaining a self-sustaining State }-lomeland Security Exercise and Evaluation Program that is modeled on the national HSEEP. Exercises conducted with G&T support (grant funds or direct support) must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP). HSEEP Volumes I -III contain guidance and recommendations for designing, developing, conducting, and evaluating exercises. HSEEP Volumes 1-III can be found at at DHS' website at httpsl/hseep.dhs.gov/. Volume N, which contains sample exercise materials and documents, can be found on ODP's Secure Portal at https://odp.esportafs.com or www.11is.gov. Ese, .ae 3ccnarrlos: The scenatiarasett-brS'r-iSGP-fended c c: -ices inclr,-decatastrophic events, provided that they also build capabilities that relate to terrorism and based on the State or Urban Area Homeland Security Strategy and plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosive, cyber and agricultural. Grantees that need further clarification on scenarios should consult with thcir State Exercise Manager for assistance and/or approval. Fifteen all -hazards National Planning Scenarios, including 12 terrorism scenarios, have been developed, and will be made available for use in national, federal, state, and local homeland security 31 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk preparedness activities (See NSPD-$: Naliana/ Preparedness on page 49). Citizen participation in exercises is encouraged to include backfilling non-professional tasks for first responders deployed on exercise, administrative and logistical assistance with exercise implementation, and providing simulated victims, press, and members of the public. Citizen participation in exercises should be coordinated with local Citizen Corps Council(s). Ifa state or urban area will be hosting an upcoming special event (c.g,, Superbowl, G-& Summit, etc.), or they anticipate that they will apply to be a venue for a future Top Officials (TOPOFF) exercise, they should plan to use SHSP or UASI funding to fund training and exercise activities in preparation for that event. All tabletop exercises (TTXs), drills, functional exercises (FEs), and full-scale exercises (FSEs) will be evaluated and performance based. An After Action Report (AAR) and Improvement Plan will be prepared and submitted to the State following every TTX, drill, FE, and FSE. AAR/Ws muss be provided to the State within 30 days following completion of each exercise. F. Personnel Hiring, overtime and backfill expenses arc allowable only to perform programmatic activities deemed allowable under -existing guidance. Supplanting is not allowed. Up to 15% of programmatic spending may be used to support the hiring of full or part- time personnel to conduct program activities that are allowable under the entire FY2007 HHSGP (i.e_, planning, training, program management, exercise program management, etc.) Grantees may request that DHS issue a waiver to increase that ceiling. Waiver decisions are at the discretion of DHS and will be considered on a case -by -case basis. The ceiling on personnel costs does not apply to contractors, and is in addition to eligible M & A costs and eligible hiring of intelligence analysts. Grantees may hire staff only for program management functions not operational duties. Hiring planners, training program coordinators, exercise managers, aid grant administrators fall within the scope of allowable program management functions. Grant funds may not be used to.supportthe hiring ofswom public safety officers to fulfill traditional public safety duties G. Management and Administration No more than 3% of each sub -recipient's total award may be expended on Management and Administration costs by the sub -recipients Hiring of full-time or part-time staff or contractors/consultants: • To assist with the management of the FY2007 SHSGP • To assist with design, requirements and the implementation of the FY2007 SHSGP • To assist with the implementation and administration oldie State Homeland Security Strategy, as it may relate to the FY2007 SHSGP Hiring of full -tune or part-time staff or conlractors/consultants.aud expenses related So: — - • Meeting compliance reporting/data collection requirements, including data calls • Development of operating plans for information collection and processing necessary to respond to DHS/ODP data calls Overtime and bacWll costs - Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked lime in the performance ofG&T-approved activities. Rackfill Costs also called "Overtime as 32 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Backlit!" are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to G&T— approved activities outside thcir core responsibilities. Neither overtime nor backlit! expenses arc the result of an increase of Full —Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit ofgovernment may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. Travel expenses Meeting -related expenses - Fora complete list of allowable meeting -related expenses, please review the OJP Financial Guide at www.oin.usdoi.gov/finguide06/. • Acquisition of authorized office equipment, including: Personal computers Laptop computers - Printers. LCD projectors, and • Other equipment or software which may be required to support the implementation of the homeland security strategy The following are allowable only within the period of performance of the contract: Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. Leasing and/or renting of space for newly hired personnel to administer programs within the FY2007 SHSGP Unauthorized Expenditures • Expenditures for items such as general -use software (word processing, spreadsheet, graphics, etc.) • General -use computers and related equipment • General -use vehicles • Licensing fees • Weapons systems and ammunition • Management and Administration Costs (which include, but are not Limited to, hiring orpersonnel, travel expenses, meeting expenses, and acquisition of office equipment or supplies) - ---+ -Construction or renovation-offacirfitiesThatwould -rave beer, reasonably ti.rssary due to non -terrorist threats • Activities unrelated to the completion and implementation of the SHSGP • Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs • Recurring Costs • 33 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk II. Construction and Renovation Project construction and renovation not exceeding SI,000,000 is also allowable, as deemed necessary by the Office of G&T, under the FY2007 UASI. These program funds may be used for construction and renovation projects only when those projects specifically address enhonced security at critical infrastructure facilities. The flowing actions and improvements arc considered to constitute construction or renovation: • Construction and/or renovation to guard facilities; • Communications antennas; and, • Any other construction or renovation efforts that change or expand the footprint of a facility or structure, including security enhancements to improve perimeter security. Approval Process In order for grantees to drawdown funds for construction and renovation costs, the grantee must provide the Division with: 4. A description of the asset or facility, asset location, whether the infrastructure is publicly or privately owned, and the construction or renovation project; -k Certification that a facility vulnerability assessment has been conducted for the facility; ^� A description of how the construction or renovation project will address • the identified vufnerability(ics) from the assessment; A statement on the consequences of not implementing the construction or renovation project; and, *k Completed National Environmental Policy Act (NEPA) Compliance Checklist. Note: Written approval mast be provided by G&T prior to the use of any FY2007 UASI funds for construction or renovation. I Overtime and BackIi) Guidance Overtime. Expenses incurred by those personnel who, as a result of G&T approved activities, are performing over and above their normal, scheduled work hours or work week. Backfill (also called Overtime as Backfill). Expenses incurred by those personnel who are working over and above their normal, scheduled work hours, or work week, in order to perform the duties of other personnel who are temporarily assigned to G&T-approved activities outside their core'responsibilities. The OJP OC does not distinguish between Overtime and Overtime as Backfill — they are both viewed as overtime regardless of ---whether the individual has performed ed more hours in their Rormelly-assigned place of duty or if the overtime accrued as a result of being re -assigned to a different place of duty. Overtime and backfill do not result in an increase of full-time employees (FTEs). iI. National Preparedness Initiatives Urban Areas are strongly encouraged to pay close attention to the language in these sections in order to stay abreast of initiatives being highlighted by DHS and to comply with associated program requirements. 34 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk National Incident Management System (NIMS) N1MS provides a consistent nationwide approach for federal, state, territorial, tribal, and local governments to work effectively and efficiently together to prepare for, prevent, respond to, and recover from domestic incidents, regardless of cause, size or complexity. J Minimum FY2007 NIMS Compliance Requirements 4. Incorporating NiMS into existinglraining programs and exercises; Ensuring that federal preparedness funding supports NiMS implementation (in accordance with the eligibility and allowable uses of the grants); • Incorporating NIMS into emergency operations planning, • Promotion of mutual aid agreements; and, Institutionalizingthe use of the Incident Command System (ICS). 2. UASIs should support NIMS implementation by: ▪ ' Raving relevant personnel complete the NIMS Awareness Courses: These independent study courses are available on-line and will take between forty-five minutes to three hours to complete. The course is available on the Emergency Management Institute web page at: http://traininR.fema.gov Formally recognizing NIMS and adopting NIMS principles and policies. The N1C will provide sample language and templates to assist in formally adopting NIMS through legislative and/or • executive/administrative means. Establish a NIMS baseline by determining which NIMS requirements are already satisfied. The NIC is developing a web -based self -assessment system, the NIMS Capability Assessment Support Tool (NIMCAST) to evaluate their incident response and management capabilities. The NIC is currently piloting the NIMCAST with a limited number of states. Upon completion of the pilot, the NIC will provide all potential future users with voluntary access to the system 3. FY2007Requirements In order for the State/UASi to receive FY2007 preparedness funding, the minimum FY2007 compliance requirements described above must be met. Additional information about NIMS compliance and resources for achieving compliance will be forthcoming from the NJC. The N1C web page, www.fema.gov/emergency/nims/index.shtm, will be updated regularly with NiMS information and implementation guidance. III. Memorandum of Understanding (MOU) Requirements For any UASI programs involving pass -through of funds, the state may retain some or the entire local unit of government's allocation of grant funds for expenditures made by the state on behalf of the local unit of government only /-requested in writing by that local unit of government States holding grant funds on behalf of local units of government must enter into a formal MOU 35 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk with the local unit of government specifying the amount of funds to be retained by the state and the intended use of funds. This MOU request must be initiated by the local unit of government. A final, executable copy of the MOU must be provided to the Division. IV. Reporting Requirements A. Quarterly Programmatic Reporting The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March 30, June 30, September 30 end December 30) for the life of this contract. If a report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current. Programmatic Reporting Schedule Reporting Period Report due to DRM no later than January I through March 31 April 30 April 1 through June 30 July 31 July 1 through September 30 October 31 October 1 throu • h December 31 Janu : 31 Programmatic Reportine: Information to Report On . After the end of the June 30 and December 31 reporting period, for the life of the contract, the Division will provide a Biannual Strategy and Implementation Report worksheel to the Recipient Point of Contactlisted in this contract. This worksheet will contain all of the information That the Recipient needs to report on. The Recipient is to complete this worksheet in its entirety and email the fmished product to the programmatic contact listed below. The first.worksheet will be available after the October 3 — December 30,2007reporting period. B. Reimbursement Requests A request for reimbursement may be sent to your contract manager for review and approval at anytime during the contract period. The Recipient should include the category's corresponding line item number in the "Detail of Claims" form. This number can be found in the "Proposed Program Budget". A line item number is to be included for every dollar amount listed in the "Detail of Claims" form. C. Close-out Programmatic Reporting The Close-out Report is due to the Florida Division af.Emergency Management nolater than 60 days after the contract is either completed or the contract has expired. 36 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk D. Monitoring Florida Division ofEmcrgeocy Management US Department of Homeland Security Grants Program Grant Monitoring Process Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. As the steward of the State Homeland Security Grant Program funds, projects and equipment the Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the status of the grant activity and items purchased. The monitoring process detailed in this document is designed to assess a recipient agency's compliance with applicable state and federal guidelines. The FDEM is responsible for monitoring the programmatic and capability portion of the grant to include equipment procurement and compliance with applicable SHSGP grant guidance. Monitoring is accomplished utilizing various methods including desk monitoring and site visits. There are two primary areas reviewed during monitoring activities - financial and programmatic/capability. Financial monitoring is the review of records associated with the purchase and disposition of property, projects and contracts. Capability review is the observation of equipment purchased, protocols and other associated recorxis.. Various levels of financial and programmatic review may be accomplished during this process. • Desk monitoring is defined as the review ofprojects, financial activity and technical assistance between the program office and the applicant via e-mail and telephone. Site visits are defined as actual visits to the recipient agency's location by a team or members of the FDEM or their designee, to actually observe records, procedures and equipment. Frequency of animal monitoring activity: Each year the FDEM will identify up to 50% of sub grantees for site visit monitoring. Examples of areas that may be examined include: Status of equipment purchases Status of training for purchased equipment Status and number of response trainings conducted to include number trained Status and number of exercises Status of planning activity Anticipated projected completion Specific difficulties completing the project Agencyy%[IMS-compliance document_tie, In certain circumstances, the FDEM may be requested to provide additional monitoring/information if the activity, or lack there of, on the part of the specific recipient has generated questions from the region, the sponsoring state agency or the FDEM leadership. The method of gathering this information will be determined on a case -by -cast basis. Desk monitoring is an on -going process. Agency recipients will be required to participate in desk top monitoring on an annual basis and as determined by the SAA. The agency recipients will compete and submit the desk top monitoring within 30 calendar days of receipt. This contact will 37 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson Citv Clerk provide an opportunity to identify the need for technical assistance (TA) and/or a site visit if the SAA determines that a recipient is having difficulty completing their project. As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email. Information will include the grant recipient agency name, year and project description and the nature of the issue in question. Many of the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA will be referred to the FDEM for assistance. Examples of TA include but are not limited to: Equipment selection or available vendors D Eligibility of items or services Coordination and partnership with other agencies within or outside the region or discipline. Site Visits Site visits will be conducted by the FDEM or their designated personnel. Site visits will be scheduled in advanced with the recipient agency POC designated in the grant agreement. Monitoring questionnaires will be provided in advance of the visit The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring visits will be coordinated with the capability review visits. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. All findings related to the capability review will be documented and maintained within the FDEM. Site Visit Protocol The Following outlines the monitoring protocol for the FDEM: The site visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year.(FFY). Site visits may be combined when geographically convenient. There is a site visit checklist to assist in the completion of all required tasks. Site Visit Preparation • A letter will be sent to recipient agency POC stating the purpose of the site visit and sent at least 30 calendar days before the planned arrival date. FDEM personnel will call within the next 10 calendar days 10 schedule an .appointment to review the grantee's program. ' . The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should be documented in the grantee folder _ -before the site visit_- The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder. Any personnel from the FDEM attending the site visit will review the grantee's corresponding folder(s) before the visit. Prior to the visit, individual roles will be identified for the site visit. Copies of applicable documents will be made and distributed to the site visit team at a minimum 38 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk of five (5) calendar days before the visit. A reminder e-mail should be sent to all team members and the recipient POC one business day in advance of the site visit. Site Visit Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted, they will then explain their objectives atiid will proceed to perform the financial review. FDEM personnel.will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of equipment will be conducted. Each item should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an asset decal (information/serial number) placed in a prominent location on each piece of equipment as per recipient agency requirements. The serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment (large capitol expenditures in excess of $1,000. per item). If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that particular piece of equipment. Once the tour/visual/spot inspection of equipment has been completed, the FDEM personnel will then conduct an exit conference with the grantee to review the findings. Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions, etc. Post Site Visit FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if applicable. Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and corrective actions required or recommendations. The grantee will submit a Corrective Action Plan within a timeframe as determined by the SAA. The Site Visit Worksheet, report and photographs will then be included in the grantee's file along with any documents distributed at the site visit by the grantee. V. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Carolyn Washington FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 410-1271 carolyn.washington@em.myflorida.com 39 Nicole Stanley . FDEM 2555 Shumard Oak Blvd. Tallahassee, FL.323 99-2100 (850) 410-3457 Nicole.Stanley@em.mYflorida.com Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk VJ. Con Iram uaI Responsibilities The FDEM shall determine eligibility of projects and approve changes in scope of work. The FDEM shall administer the financial processes. J t 40 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Attachment B Program Statutes and Regulations 1) 53 Federal Reglster 8034 2) Federal Acquisition Regulations 31.2 and 031.2 3) Section 1352, Title 31, US Code 4) OMB Circulars A-21, A-87, A-110, A-122 5) Chapter 473, Florida Statutes 6) Chapter 215, Florida Statutes 7) Section 768.28, Florida Statutes 8) Chapter 119, Florida Statutes 9) Section 216.181(6), Florida Statutes 10) Cash Management Improvement Act 0f 1990 11) American with Disabilities Act 12) Section 112_061, Florida Statutes 13) Immigration and Nationality Act 14) Section 286.011, Florida Statutes 15) EO. 12372 and Uniform Administrative Requirement for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, 16) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 17) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975 18) • Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593 19) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) 20) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 21) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 22) 28 CFR applicable to grants and cooperative agreements 23) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 24) 42 USC 3789(d), or Victims of Crime Act (as appropriate); 25) Title VI of the Civil Rights Act of 1964,as amended; 26) • Section 504 of the Rehabilitation Act of 1973, as amended; 27) Subtitle A, Title ll of the Americans with Disabilities Act (ADA) (1990); 28) Title IX of the Education Amendments of 1972; 29) the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 30) 26 CFR Part 42, Subparts C,D,E, and G 31) Department of Justice regulations on disability discrimination, 2B CFR Part 35 and Part 39. 32) Federal Acquisition Regulations 31.2 and 931.2 41 'A,je.i.:,.o i°: k''': Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Attachment C JUSTIFICATION OF ADVANCE PAYMENT J RECIPIENT: Indicate by checking one of the boxes below, It you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement Is subject to s. 216.181(16), Fie. StaL The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial three months, NO ADVANCE REQUESTED Ffo advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required ADVANCE REQUEST WORKSHEET ( J ADVANCE REQUESTED Advance payment of 5 • is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment We would not be able to operate the program without this advance. If you are requesting an advance, complete the following worksheet DESCRIPTION (A) FFY 2004-2005 (B) FFY 2005-2006 (C) FFY 2006-2007 (D) Total • INITIAL CONTRACT ALLOCATION 2 3 FIRST THREE MONTHS CONTRACT EXPENDITURES1 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line I.) First three months expenditures need only be provided for the years In which you requested an advance. If you do not have this Information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: X Cell D3 DEM Award MAXIMUM po not include any match) ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM [ J Recipient has no previous DCA/DEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance talc u(atedabove. 42 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages If needed. ESTIMATED EXPENSES [BUDGET CATEGORY DMNISTRATIVE COSTS Include Seondary Admnitration.) ROGRAM EXPENSES OTAL EXPENSES 2006-2007 Anticipated Expenditures for First Three Months of Contract Explanation of Circumstances: Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Attachment D Warranties and Representations Financial Management J Recipient's financial management system shall provide tor the (olbwing: (1) Accurate, current and complete disclosure of the financial results of this project or program' (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations,,obligations, unobligaled balances, assets, outlays, Income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure That they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, ailocablity and allowabtity of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this granL (6) Accounting records, including cost accounting records that are supported by source documentation. Competition. Ali procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers maybe rejected when it Is In the Recipient's interest to do so. 44 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Codes of conduct The Recipient shall maintain written standards of conduct goveming the performance of its employees engaged in the award and administration of contracts. No empjpyee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shaft neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from 8:00 AM to 5:00 PM. Monday through Friday. Licensino and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 45 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Attachment E Certification Regarding. Debarment, Suspension, Ineligibility Arid Voluntary Exclusion / Contractor Covered Transactions (1) The prospective contractor of the Recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: By: Signature Recipient's Name Name and Title Division Contract Number Street Address City, State, Zip Date 46 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Attachment F Statement of Assurances The Recipient hereby assures and certifies compliance with ail Federal statutes, regulations, policies. guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally -assisted programs. 2. it will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards AcL 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or • gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. tt will 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. 6. it will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the .accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it wifl.notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to .be used in the project is under consideration for listing by the EPA. B. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of food insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. 1t will assist the Federal grantor agency 1n its compliance with Section 106 of the National Historic Preservation Act of 1955 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject .to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all.requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 47 • • Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and ail other applicable Federal laws, orders, circulars, or regulations. 11. ft will comply with the provisions of 28 CFR applicable to grants and cooperative ag[oements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Para 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodptain Management and Wetland Protection Procedures; and Federal -laws or regulations applicable to Federal Assistance Programs. 12. it will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the.Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A Title II of the Americans with Disabilities Act (ADA) (1990); Title iX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, andG; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. ft wilt provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug - Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 48 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Department of Homeland Security 2007 Urban Areas Security Initiative (UASI) CONTRACTUAL FORMS and REQUIREMENTS I , Quarterly Financial History Report/ Status Report (Form 1 and Form 2): 1. These reports must be completed in full quarterly. These are required reports and must be submitted within 30 days of the end of each report period in order to be considered in compliance with the terms of the contract 2. These reports are to include, but not be limited to, the work that has been completed, tt)e work In progress and the timeline of the work left to be completed. If any delays from the original timeline have occurred, specify the reason and revise the completion timeline. 3. If expenditures do not occur during a given report period, Forms land 2 should be submitted with complete Information clearly linked to the project. Reimbursement Request (Form 3), Detail of Claims (Form 4) and Budget Detail Worksheet (Form 4B): 1 These forrns are to be filed as needed. Complete Reimbursement Request by entering all information needed for reimbursement 2 The Detail of Claims form must accompany the Reimbursement Request form, along with the Budget detail Worksheet 3. The Reimbursement Request form must be signed by the contract manager or someone with equal authority. Claims are to be submitted to the following address: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BUREAU OF RESPONSE DHS GRANTS UNIT — Attn: (Carolyn Washington) 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Close Out Report - (Form 5): 1. Close Out Reports are due as soon as the final payment has been made and all final expenditures have occurred. 2. The contract cannot be considered dosed until the Close Out Report has been received. Documentation of project expenditures: 1. Grantees must maintain documentation of expenditures for a minimum period of five years foticwing the close of project/program operations unless audits require a longer period of time. 2. Grantees should maintain a financial file with copies of back-up documentation for all paid project/program expenditures . made by the grantee during the grant period. Documentation of expenditures against the proqram will be reviewed and vertfied during on -site monitoringvisits or when necessary by the DEM staff. Acceptable documentation includes copies _ 3. 4. of purchase orders and paid vouchers, paid invoices or cancelled checks, payroll vouchers, journal transfers, etc. These documents should be submitted when requesting reimbursement. In order to document hours worked on the program by permanent or temporary staff, the grantee may use its own time and attendance forms. All claims for reimbursement of expenditures must be submitted on the approved DCA financial reporting forms. Claims not submitted on the proper form cannot be processed and will be retumed for corrections. IF YOU WfSH TO OBTAIN THESE FORMS ELECTONICALLY, PLEASE NOTIFY YOUR CONTRACT MANAGER Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk AGREEMENT# (check the quarter of submission along with year) QUARTERLY REPORTING DUE DATES JANUARY 1 — MARCH 31 — Due no later than April 30, APRIL 1 — JUNE 30 — Due no later than July 31, JULY 1 — SEPTEMBER 30 — Due no later than OCTOBER 31, OCTOBER 1 - DECEMBER 31— Due no later than January 31, NTH S;IS Rgag RED e G E t �,Mi15. 'B .S Bu t i l ED !IQ ARTS 1. Planning Costs 2. Organizational Activities (limited to 25% of the total UASI award) 3_ Training Costs 4. Exercise Costs 5. Equipment Acquisition Costs 6. Management and Administration Costs (limited to 3% of the total award) TOTAL EXPENDITURES TOTAL PAYMENTS PREVIOUSLY RECEIVED yv 1 hereby certify that the above costs are true and valid costs Incurred in accordance with the project agreement Signed Contract Manager or Financial Officer iir'�M .y,L44 CliE1 -ry S e AR utit _ i DIJCf ME 0 BMITTE1 Q1 ARTER This Information must be clearly linked to the project TIMELINE, DELIVERABLES AND THE SCOPE OF WORK. Report events, progress, delays, etc, that pertain to this project (Attach additional pages(s) if needed) Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk r,Tl=�o1=r LORIDA'- � VrS10 •0MR S ME' " EQ EST• EN Abs- Grantee Address Agreement # Payment date Payment # Phone # Agreement Amount COSTS INCURRED DURING THE PERIOD OF: / l.4""tV,.4ilf'' J through / / „iM.o 'I S NIO Bffire4 MP 11ED1 fEa ETArt EP E II11.3 '4at Planning Expenditures 2. Organization Activities Expenditures (limited to 25% of the total UASI award) 3. Training Expenditures Exercise Expenditures 5. Equipment Acquisition Expenditures 6. Management and Administration Expenditures (limited to 3% of the total award) 7. $ Total Expenditures •$ 1 hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement. Signed Contract Manager or Financial Primer Y' � S:r iy "-� U,t T,d �,: •a ..... i � � 't "'ems �u..;33 3 �<}�+rk-. ��' � ,iS.�ii.:�K..� . .�.f' Jx�E..' `�' '.FNt�' � 1��'*`�{%�^i��UI��J�[" "���+.r. y�,G; � .3fc CL Ky���i:�T'fA"-h -.. , •' _ TO BE COMPLETED BY DEM STAFF AGREEMENT AMOUNT PREVIOUS PAYMENT(S) THIS PAYMENT REMAINING BALANCE Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk PLEASE SUBMIT A SEPARATE FORM (4) FOR EACH OF THE FOLLOWING CATEGORIES CATEGORY ��... SELECT CATEGORY FROM LIST GRANTEE: : AGREEMENT # COST INCURRED DURING THE PERIOD OF 1. FORM MUST BE COMPILED FROM FORM 4B BY CATEGORY 2. FORM MUST ACCOMPANY THE REIMBURSEMENT REQUEST TOTAL EXPENDITURES Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk J rat ;4 , 't .sue afw. IS>RA�I.:k�, SNAG MIEN; THIS FORM 15 BACKUP AND MUST ACCOMPANY THE REIMBURSEMENT REQUEST AND DETAIL OF CLAIMS, FORM 4A Eudget•Detail Worksheet issue � Eligiblt ActiVlties Public Education/Outreach Develop and implement homeland security support programs and adopt ongoing DHS national initiatives Develop and enhance plans and protocols Develop or conduct assessments Establish, enhance, or evaluate Citrzen Corps -related volunteer programs Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safely personnel fulfilling traditional public safety duties) Conferences to facilitate planning activities Matenais required to conduct plannirg activities Travel/perdiem related to planning activities Overtime and backfill costs — Payment of overtime expenses will be for work performed by award (SPA) or sub -award employees in excess of the established work week (usually 40 hours) related to the planning activities fa the development and implementation of the programs under HSGP. Other proiects areas with prior approval from G&T �il�lisrra., Overtime for information, investigative, and intelligence sharing activities Reimbursement of select operational expenses associated with increased security measures at critical infrastructure sites, incurred during time periods of DHS-declared Code Orange or Yellow (limited to 10%) or Code Orange (limited to the remaining-15%). Funds may only be used in the following authorized categories: • Backtlll and overtime expenses for staffing state or local EOCs • Hiring of contracted security for critical infrastructure sties • Public safety overtime • National Guard deployments to protect critical infrastructure sites #arcraased�order seeurily activities to coordination with GBP. Hiring of contractors/consultants for participation in infdrmatioNUrieitigenee analysis and sharing groups or intelligence fusion center activities Overtime and backfill funding for emergency preparedness and response personnel attending G8T-sponsored and approved training classes. Grantees may also use G&T grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel participating In G&T training. UASI funds may also be used for training citizens in awareness, prevention, protection, response and recovery skills Training Workshops and Conferences -. Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Full or Part -Time Staff or Contractors/Consultants Travel Supplies Other Items A complete Ilst of G&T approved courses may be found at www.olp.usdoj.govlodpldocs&TED Course Catakxt2007,pdf Exercise Planning Workshop - Grant funds may be used to plan and conduct an Exercise Planning Workshop to include DDsts related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel and exercise plan development. Foil or Part -Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support exercise -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local untt(s) of government and have the approval of the state or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured to support the design, deve(opment, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. Overtime and backlit! costs — Overtime and backfll costs associated with the design, development and conduct of CBRNE exercises are allowable expenses. Grantees may also use G&T grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel participating in G&T exercises. Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with state taw as highlighted in the OJP Financial Guide. States must also follow slate regulations regarding travel. If a state or territory does not have a travel polcy they must follow federal guidelines and rates, as explained in the OJP Finenciel Guide. For further information on federal taw pertaining to travel costs pti refer to www oip. usdoi.o ov/finquide06/. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterfte masks, and disposable protective equipment). Other Items - These costs Include the rental of space/locations for exercise planning and conduct, exercise signs, badges, etc. • IN rp nFIViAt ilVgfitortrc`o r<srve r hp chn are al o a it'(eq pment tegn 9 eyVu�prre •.a wii�vw.,.r�pYipey - t' arm; pp(� try��7 e.g., 1.12.2.1, Covers, Outer Footwear Gi3 . gg ta''tlon I , Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk F817,0Ae acee SuiYn -Mgt YEsk C'-' L_''M�^C!�LiSR9. It ^Weogwab.�7�i,�„4 ijFi#a,,t,:4.<.•� u,slS Otaar al�7 itrPPvati! .Soreg? tgarsoga'k�rix�o':'ix,��� sn�:=i�=w��E'-. I 1 ...: i�g.ji�-. fCma_��MBeas�-T?n��-�W���h^�i°v.f�oR rtarmTawraKxkz � ZX1Y9�if5+'Fu%?�i Y I' $: P ��� �_., .-.•Uw�wr..�: 3•`V- w.•. R 6 .n: �r IfCs � f1,G�eDtt <h�`p°no- �.f'?. �},ti'` ` M t'i` '7 't.C''rC'-^ t�� ~y" ,(-7 -,,,:4 :Y2., S .JF-`'..5 :P_°'�� xf s .. LL ti,td'S« tf .•mot,-. S-,,," s pa h" eerp' eT'(requrpm n m- za .., .0 sction'74§- i §'7n " sc A. .?�r�'q.%,,et'"-.,-' .. in• s. �f cif u� ems- *�.ct�i��sr?fi: s✓,:t*;�':�'a; a+ � '*3}�*� �� :,�Ag- a nriFil trots Res hse a mod- d� a ui > a z ,OW � �'f" A I t+. ✓dxRnere'/w"yr-T m:SS-Fa'.- rcsi' al.. f.�-' ^T 7' 'V.'Yf r%r'✓ I Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk This Form Should Be Completed Artd Submitted To The Department No Later Than Sixty (60) Days After The Termination Date Of The Agreement 1 QS,CATEGDRIES, 1 Planning Costs s<E. P : D(tr)RES; 2. Organizational Activities (limited to 25% of the total UASI award) 3_ Training Costs 4. Exercise Costs 6. Equipment Acquisition Costs 6 Management and Adnilnlstratlon Costs (limited to 3% of total UASI award) 7. TbTAL EXPENDfTURES Total Funds Received From The Division of Emergency Management Agreement (column 4, Line 7) Less Total Grant Award Expenditures (Col. 2, Line 7) Equal Balance of Agreement Owed to DEM Refund Due to State? Yes No If Yes, Refund Check Enclosed? Yes No If No, Enter Date Refund will be submitted Refund and/or final Interest check are due no later than ninety (90) days after the expiration date of the Agreement Make Check Payable to: Cashier Department of Community Affairs Mall to: Department of Community Affairs Division of Emergency Management 2555 Shumard Oaks Boulevard Tallahassee, Florida 32399-2100 Nit -'. u 03'f z jka 4} , S FUNOSRECE ED l7NDEI7+11S A ileffI j Fa si -, Date wi xx.r-r-x— irk A'mo 1. 2. 3. 4. S. 6. 7- TOTAL '�.'ys ;' 's u i`SAgr°teemen <A� unto_ Less Total Funds Received under thls Agreement (Column 4,Line 7} ance"',o`FiAgreeme'nt�:„ fo.::cz�:?�� I hereby certify that the above coats are true and valid costs Incurred In accordance with the proJectAgreement, and that the matching funds, In•klnd or cash, were utilized toward the proJect'In this Agreement Signed Date Contract Manager or Financial Officer Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk MEMORANDUM OF AGREEMENT FOR PARTICIPATING MIAMI UASI GRANT FY 2008 AGENCIES This Agreement is entered into this day of , 2008, by and between the City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency") and Miami -Dade County Board of County Commissioners, (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 $11,620,600 dollars through the Urban Area Security Initiative (UASI) Grant Program 2007; and WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program FY 2007; and WHEREAS, as the OG&T requires that the urban areas selected for funding take a regional metropolitan area approach to the development and implementation of the UASI Grant Program FY 2007 and involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and WHEREAS, the FY 2007 Urban Area has been defined as the City of Miami, Miami -Dade and Monroe Counties, and the City of Hialeah, and anticipates sub - granting a portion of the UASI funds in accordance with the grant requirements; and WHEREAS, the City Commission, by Resolution No. adopted on , has authorized the City Manager to enter into this Agreement with each participating agency on behalf of the City of Miami; and Zop o$-633 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson Citv Clerk 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 FY 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. II. SCOPE A. The provisions of this Agreement apply to UASI Grant Program FY 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. 8. 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 Page 2 of I I Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 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. UASI Grant Program FY 2007. The UASI Grant Program Fiscal Year 2007 reflects the intent of Congress and the Administration to enhance and quantify the preparedness of the nation to combat terrorism. 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 N1MS will include a core set of concepts, principles, terminology, and technologies covering the incident command system; mufti -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,-tncsuding the urban area -assessment, -strategy-development,-and -any direct services that are delivered by OG&T. F. UASI Grant Program FY 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 FY 2007 was appropriated by U.S. Congress and is Page 3 of 1 I Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson city Clerk 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 10 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 named counties and cities, with the respective State Administrative Agency, and with the OG&T. C. Conducting a comprehensive Urban Area Assessment, which will in tum 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 pubtic 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. Page 4 of 11 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk G. Ensuring satisfactory progress toward the goals or objectives set forth in the grant application. i. Following grant agreement requirements and/or special conditions. Submitting required reports. Y. 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 UASI Grant Program FY 2007 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 monthly budget detail worksheets to the City of Miami on the progress of direct purchases of equipment or services. D. Complying with all UASI Grant Program FY 2007 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 11 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 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 Program FY 2007 agreement requirements and/or special conditions. K. Submitting required reports as prescribed by the Sponsoring Agency. L. Maintaining an equipment inventory of UASI purchased items. 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. 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 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 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. 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. 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 UASI Grant Program FY 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 he grantee __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. Page 7 of 11 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 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. This Agreement shalt 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. Page 8 of 11 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk ATTEST: Name: Title: PARTICIPATING AGENCY BY: NAME: TITLE: APPROVED AS TO FORM AND CORRECTNESS: Participating Agency Attorney Page 10 of II Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk MAR-18-2008 09:27 Date: j /17/2007 C 1 TY t 1RNACERS OFFICE ASiENQA YTEM 51elm5it T run= FILE ID: 0 - OC135 Requesting Department: Fire-Rescuc Commission Meeting Date: 4/IQ/7007 District impacted: 305 415 1019 Type_ tEl Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion ]lem Other Subject: Urban Are S curity Initiative.("VAST") Grant Pro_grarn FY 2007 I Memoranda of A rnents ("MOA's") Purpose of ltem: It is respectfully recommended that the Honorable Mayor and the City Commission establish a special revenue project and award entitled Urban AA.re.a Security initiative ("UASI") Grant Program FY 2007, appropriating funds in the amount of SI 1,620,600, received from the U.S. Department of Homeland Security, passed through the State of Florida Division of Emergency Management; and authori7ing the City Manager to execute Memoranda of Agreements with Miami -Dade and Monroe Counties and the City of Hialeah setting forth their responsibilities in connection with the support of the UASI Project administered by the City of Miami Department of Fire -Rescue. Background Information: See Attached) Budget Impact Analysis YES Is this item related to revenue? NO Is this item an expenditure? If so, please identify funding source below. General Account No: Special Revenue Account No: CIF Project No: NO Is this item funded by Homeland Defense/Neighborhood Improvement Bond Start Up Capital Cost: 0.00 _M.aintenance-Cost:-------.$0.00 Total Fiscal Impact: Final Approvals (51G LAN? WI) CIP / Budget 31 t1 f t If wing nr meivin Grants /�.'�7� ��/ Risk Management Purchasin Chief - �- Dept. Director City Manager Page lof1 P. TOTAL P.03 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Background information: (continued) The United States Department of Homeland Security, through the State of Florida Division of Emergency Management, has sub -granted the Urban Area Security Initiative ("UAS1") Grant Program FY 2007 to the City of Miami and its contiguous counties, Miami -Dade and Monroe, and the City of Hialeah in the amount of S11,620,600. This program targets homeland security funding to "high threat' urban areas in order to prevent, respond to, and recover from threats or acts of terrorism and other disasters of natural or man-made origin. I1 is now appropriate to accept said grant award, establish a special revenue fund, and appropriate the said grant award therein for this fiscal year. In addition, the City Commission authorizes the City Manager to execute Memoranda of Agreements with contiguous counties, Miami -Dade and. Monroe, and the City of Hialeah, setting forth the parties' responsibilities in connection with the development and support of the UASI Grant Program FY 2007 administered by the City of Miami's Department of Fire -Rescue; contingent upon funding of said project being secured in the form of Grants from the United States Department of Homeland Security, passed through the State of Florida Division of Emergency Management. Page 2 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson FUND TITLE: RESOURCES: APPROPRIATIONS: S f1 Urban Area Security Initiative (UASI) Grant Program FY 2007 Depariment of Homeland Security (DHS) Pass through the Stale of Florida Division of rriergency Management $11,620,600 $11,620,600 Bums, Pamela E From: Kemp, Maurice L Sent: Friday, April 11, 2008 12:39 PM To: Bru, Julie; Thompson, Priscilla; Bums, Pamela E Cc: Duren, Reginald Subject: 410-08 Commission Meeting Item RE.4 Julie, You were correct Item RE.4 should have had the substitutions not RE.5. I apologize for the confusion. Thanks 10 everyone for your assistance. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM/ 6- ON y-io-o, . 08-0035G- SubP-t;tai- Maurice L- (em2 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk MEMORANDUM OF AGREEMENT FOR PARTICIPATING MIAMI UASI GRANT FY 2008 AGENCIES This Agreement is entered into this day of , 2008, by and between the City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency) and Monroe County, (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 Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program FY 2007; and WHEREAS, as the OG&T requires that the urban areas selected for funding take a regional metropolitan area approach to the development and implementation of the UASI Grant Program FY 2007 and involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and WHEREAS, the FY 2007 Urban Area has been defined as the City of Miami, Miami -Dade and Monroe Counties, and the City of Hialeah, and anticipates sub - granting a portion of the UASI funds in accordance with the grant requirements; and WHEREAS, the City Commission, by Resolution No. adopted on , has authorized the City Manager to enter into this Agreement with each participating agency on behalf of the City of Miami; and Page I of 1 I SUBMITTED INTO THE PUBLIC RECORD FOR ITEM/Ey ON y-iD-or Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 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 FY 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. II. SCOPE A. The provisions of this Agreement apply to UASI Grant Program FY 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 "o� ifs Sponsnng-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 Toss management of resources (including systems for classifying types of resources); qualifications and Page 2 of I 1 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 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 FY 2007. The UASI Grant Program Fiscal Year 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 (NMMS). 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 FY 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 FY 2007 was appropriated by U.S. Congress and is Page 3 of 1 1 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 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. Coordinating with named counties and cities, with the respective State Administrative Agency, and with the OG&T. 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. Complying with the requirements or statutory objectives of federal law. Page 4 of 1 1 — Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk Ensuring satisfactory progress toward the goals or objectives set forth in the grant application. H. Following grant agreement requirements and/or special conditions. 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 UASI Grant Program FY 2007 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 monthly budget detail worksheets to the City of Miami on the progress of direct purchases of equipment or services. D, Complying with all UASI Grant Program FY 2007 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 5of1I - Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 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. 1. Ensuring satisfactory progress toward the goals or objectives set forth in the grant application. J. Following UASI Grant Program FY 2007 agreement requirements and/or special conditions. K. Submitting required reports as prescribed by the Sponsoring Agency. L. Maintaining an equipment inventory of UASI purchased items. 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. 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 Page 6 of 1 i Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 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. 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. 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 UASI Grant Program FY 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, ccess_to and the rightlo 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. Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 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. 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. 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. Page 8ofli Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 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 April 30, 2010, unless otherwise extended, 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 OG&T. ATTEST: SPONSORING AGENCY THE CITY OF MIAMI, a municipal Corporation of the State of Florida BY: Priscilla A. Thompson Pedro G. Hernandez City Clerk City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Jorge L. Femandez LeeAnn Brehm, Administrator City Attorney Risk Management Division Page 9 of I 1 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk ATTEST: Nance: Title: PARTICIPATING AGENCY BY: NAME: TfTLE: APPROVED AS TO FORM AND CORRECTNESS: Participating Agency Attorney Page I0 of 11 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk MEMORANDUM OF AGREEMENT FOR PARTICIPATING MIAMI UASI GRANT FY 2008 AGENCIES This Agreement is entered into this day of 2008, by and between the City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency") and the City of Hialeah, (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 Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program FY 2007; and WHEREAS, as the OG&T requires that the urban areas selected for funding take a regional metropolitan area approach to the development and implementation of the UASI Grant Program FY 2007 and involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and WHEREAS, the FY 2007 Urban Area has been defined as the City of Miami, Miami -Dade and Monroe Counties, and the City of Hialeah, and anticipates sub - granting a portion of the UASI funds in accordance with the grant requirements; and WHEREAS, the City Commission, by Resolution No. adopted on , has authorized the City Manager to enter into this Agreement with each participating agency on behalf of the City of Miami; and s9-°111 NO rtoil Lad a03-11 Oland ]H1 01NI Oalmens Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 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: 1. PURPOSE A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies for activities under the UASI Grant Program FY 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. ll. SCOPE A. The provisions of this Agreement apply to UASI Grant Program FY 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. 8. No provision in this Agreement limits the activities of the Urban Area Working Group or -its -Sponsoring Agency in performing Jocai a-nd-state functions. A. III DEFINITIONS 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 Page 2 of 11 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 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 FY 2007. The UASI Grant Program Fiscal Year 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 N1MS 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 FY 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 FY 2007 was appropriated by U.S. Congress and is Page 3 of 11 - Submitted into the public record in connection with items RE.9 on 03 z, q_11 Priscilla A. Thompson City Clerk 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. 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: 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 OG&T. C. Conducting a comprehensive Urban Area Assessment, which will in turn guide the development of an Urban Area Homeland Security Strategy. 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, govemmental 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. Page 4 of 11 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk G. Ensuring satisfactory progress toward the goals or objectives set forth in the grant application. H. Following grant agreement requirements andtor 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 Depaitrnent, 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 UASI Grant Program FY 2007 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 monthly budget detail worksheets to the City of Miami on the progress of direct purchases of equipment or services. D. Complying with all UASI Grant Program FY 2007 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 5ofIl Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 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. 1. Ensuring satisfactory progress toward the goals or objectives set forth in the grant application. J. Following UASI Grant Program FY 2007 agreement requirements and/or special conditions. K. Submitting required reports as prescribed by the Sponsoring Agency. L. Maintaining an equipment inventory of UASI purchased items. 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. 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 Page 6 of II Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 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 mariner arising out of this Agreement or any other contract. 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. 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 UASI Grant Program FY 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-fo-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. Page 7 of I I Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 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 Agfeemenf 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. Page 8 of 11 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk 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 April 30, 2010, unless otherwise extended, 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 OG&T. SPONSORING AGENCY THE CITY OF MIAMI, a municipal ATTEST: Corporation of the State of Florida BY: Priscilla A. Thompson Pedro G. Hernandez City.Clerk City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Jorge L. Fernandez LeeAnn Brehm, Administrator City Attorney Risk Management Division Page 9 of 11 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk ATTEST: Name: Title: PARTICIPATING AGENCY 6Y: NAME: TITLE: APPROVED AS TO FORM AND CORRECTNESS: Participating Agency Attorney Page 10 of 1 1 Submitted into the public record in connection with items RE.9 on 03-24-11 Priscilla A. Thompson City Clerk