HomeMy WebLinkAboutExhibit 1MEMORANDUM OF AGREEMENT
MIAMI UASI GRANT PROGRAM FY 2007
Broward County
This Agreement is entered into this day of , 2011, by
and between the City of Miami, a municipal corporation of the State of Florida,
(the "Sponsoring Agency") and Broward 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 $11,620,600.00 dollars through the Urban Area Security Initiative
("UASI") Grant Program FY 2007; and
WHEREAS, the UASI FY 2007 Urban Area has included Broward County
and anticipates sub -granting a portion of the UASI funds in accordance with the
grant requirements in an amount not to exceed $287,424.37; and
WHEREAS, the City Commission, by Resolution No. 08-0196, adopted on
April 10th, 2008, has authorized the City Manager to enter into this Agreement
with each participating agency on behalf of the City of Miami; and
WHEREAS, the Sponsoring Agency wishes to work with the participating
agency through the Urban Area Working Group process to enhance Miami and
its surrounding jurisdictions ability to respond to a terrorist threat or act.
NOW.THEREFORE, in consideration of the foregoing, the parties hereto
agree as follow:
Qco IV/0
I. PURPOSE
A. ThisAgreementdelineates 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 or its Sponsoring Agency in performing local and state functions.
III. DEFINITIONS
A. Critical -Infra structure :--Any--system-or--asset-that-if_.attacked would_resultrin
catastrophic Toss of life and/or catastrophic economic Toss management of
resources (including systems for classifying types of resources);
qualifications and certification; and the collection, tracking, and reporting of
incident information and incident resources.
B. Core County. The county within which the core city is geographically
located. The core city is the City of Miami.
C. UASI Grant Program FY 2007. The UASI Grant Program FY 2007 reflects the intent
of Congress and the Administration to enhance and quantify the preparedness of
the nation to combat terrorism.
D. National Incident Management System (NIMS). This system will provide a
consistent nationwide approach for federal, state, and local governments to work
effectively and efficiently together to prepare for, respond to, and recover from
domestic incidents, regardless of cause, size, or complexity. To provide for
interoperability and compatibility among Federal, State, and local capabilities, the
NIMS will include a core set of concepts, principles, terminology, and technologies
covering the incident command system; multi -agency coordination systems; unified
command; training; identification and
E. Urban Area Working Group (UAWG). The State Administrating Agency Point of
Contact (SAA POC) must work through the Mayor/CEOs from all other jurisdictions
within the defined urban area to identify POCs from these jurisdictions to serve on
the Urban Area Working Group. The Urban Area Working Group will be responsible
for coordinating development and implementation of all program elements, including
the urban area assessment, strategy development, and any direct services that are
delivered by OG&T.
F. UASI Grant Program 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 authorized
by Public Law 108-11, the Emergency Wartime Supplemental Appropriations Act,
2003. The funding .will provide assistance to build an enhanced and sustainable
capacity to prevent, respond to, and recover from threats or acts of terrorism
for the selected urban areas.
G. Urban Area. An urban area is limited to inclusion of jurisdictions contiguous
to the core city and county/counties, or with which the core city or
county/counties have established formal mutual aid agreements.
IV. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the City of Miami Fire -Rescue
Department, authorized to carry out the herein agreed upon responsibilities of the
Sponsoring Agency.
B. Coordinating with core counties, with the respective State Administrative Agency, and
with the OG&T.
C. Participating in comprehensive Urban Area Assessments, which will in turn continue
to update the Urban Area Homeland Security Strategy.
D. Ensuring the participation of the following critical players in the assessment and
strategy development process: law enforcement, emergency medical
services, emergency management, the fire service, hazardous materials,
public works, governmental administrative, public safety communications,
healthcare and public health.
E. Developing a comprehensive Urban Area Homeland Security Strategy and
submit to the SAA POC.
F. Complying with -the requirements or sia/utory objectives of rederallaw.
G. Ensuring satisfactory progress toward the goals or objectives set forth in the
grant application.
H. Following grant agreement requirements and/or special conditions.
I. Submitting required reports.
V. THE PARTICIPATING AGENCY SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the main liaison and partner
with the City of Miami Fire -Rescue Department, authorized to carry out the herein
agreed upon responsibilities of the Sponsoring Agency.
B. Abiding by the grant requirements including budget authorizations, required
accounting and reporting on fund usage, use of funds only for the intended purpose,
and tracking of federally funded assets.
C. Submitting budget detail worksheets for direct purchases of equipment or services
when requesting reimbursement.
D. Complying with all UASI Grant Program FY 2007 requirements.
E. Participating in comprehensive Urban Area Assessments, which will in turn continue
to update the Urban Area Homeland Security Strategy, upon request.
F. Ensuring the participation of the following critical players in the assessment and
strategy development process: law enforcement, emergency medical services,
emergency management, the fire service, hazardous materials, public works,
governmental administrative, public safety communications, healthcare and public
health, upon request.
G. Complying with the requirements or statutory objectives of federal law.
H. Ensuring satisfactory progress toward the goals or objectives set forth in the grant
application.
I. Following UASI Grant Program FY 2007 agreement requirements and/or special
conditions.
J. Submitting required reports as prescribed by the Sponsoring Agency, upon request.
K. Maintaining an equipment inventory of UASI purchased items and provide to the
Sponsoring Agency upon request.
VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY
AGREE:
A. The Participating Agency will provide financial and performance reports to the
sponsoring agency in a timely fashion, upon request. The Sponsoring Agency will
prepare consolidated reports for submission to the State of Florida.
B. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers
compensation or time related issues of the Participating Agency personnel.
C. Sponsoring Agency and Participating Agency are subdivisions as defined in
Section 768.28, Florida Statutes, and each party agrees to be fully responsible for
the respective acts and omissions of its agents or employees to the extent permitted
by law. Nothing herein is intended to serve as a waiver of sovereign immunity by
any party to which sovereign immunity may be applicable. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be
sued by third parties in any manner arising out of this Agreement or any other
contract.
VII. FINANCIAL AGREEMENTS
A. Financial and Compliance Audit Report: Recipients that expend $300,000.00 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 to the grant.
C. Submit Categorical Assistance Progress Report to describe progress to date
in implementing the grant and its impact on homeland security in the state
upon request, upon request.
D. All financial commitments herein are made subject to the availability of funds
and the continued mutual agreements of the parties.
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 will end on June 30th, 2011, unless otherwise extended by
the Florida Division of Emergency Management.
ATTEST:
SPONSORING AGENCY:
THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
BY:
Priscilla A. Thompson Tony E. Crapp, Jr.
City Clerk City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Julie O. Bru
City Attorney
Gary Reshefsky, Director
Risk Management Division
ATTEST:
Name:
Title:
PARTICIPATING AGENCY:
BY:
NAME:
TITLE:
APPROVED AS TO FORM AND
CORRECTNESS:
Participating Agency Attorney