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HomeMy WebLinkAboutExhibit 1MEMORANDUM OF AGREEMENT FOR PARTICIPATING MIAMI UASI GRANT 2008 AGENCY "Palm Beach 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 Palm Beach County, (the "Participating Agency"). RECITALS WHEREAS, the U.S. Department of Homeland Security (USDHS) is providing financial assistance to the Miami Urban Area in the amount $11,271,885 dollars through the Urban Area Security Initiative (UASI) Grant Program 2008; and WHEREAS, The Miami Urban Area is subgranting $42,553.00 to Palm Beach County through the Urban Area Security Initiative (UASI) Grant Program 2008 for the purpose of regional training; and WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Programs 2008; and WHEREAS, as the USDHS requires that the urban areas selected for funding take a regional metropolitan area approach to the development and implementation of the UASI Grant Programs 2008, and involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and WHEREAS, the 2008 Urban Areas have been defined as the City of Miami, Broward, Miami -Dade, Monroe, and Palm Beach Counties, the Cities of Hialeah, Miami Beach, and. Coral -Gables, and the Village of Key Biscayne and anticipates sub -granting -- la:portion of -the UASI funds in accordance with the grant requirements; and \-4 rt- 3‘(4)' Page 1 of 11 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 WHEREAS, the Sponsoring Agency wishes to v.'ork 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 Programs 2008 which were made available by the U.S. Department of Homeland Security and the State of Florida Division of Emergency Management (FDEM). B. This Agreement serves as the Scope of Work between the Participating Agency and the Sponsoring Agency. II. Terms A. This agreement solely is for Regional Training, approved by the Urban Area Working Group (UAWG). B. Regional Training must be made available to first responders and emergency management in the four UASI Counties: Broward, Miami -Dade, Monroe, and Palm Beach Counties. C.---The-Participating Agency; -Palm Beach County, -can only deliver courses 'that "have - been approvedty the state or federal government and have been deemed allowable and approved by the UAWG. Page 2 of 11 D. The Participating Agency, Palm Beach County, will be funded for regional training only upon approval by the UAWG. E. The Participating Agency, Palm Beach County, will receive written communication with a regional training budget and classes that have been approved. F. The Participating Agency, Palm Beach County, can only procure and schedule approved courses after approval by the UAWG. G. The Participating Agency, Palm Beach County, can only procure courses that have been approved by the Department of Homeland Security or the State of Florida. H. The Participating Agency, Palm Beach County, must only request training they can procure on their own and must then procure any approved training on their own accord. I. The Participating Agency, Palm Beach County, cannot exceed the UAWG approved budget for each approved course. J. The Participating Agency, Palm Beach County, cannot deliver the same course more than once with UASI funding unless otherwise approved by the UAWG or UASI administrators. K. The Participating Agency, Palm Beach County, must follow their jurisdiction's and governing body's procurement procedures. L. The Sponsoring Agency, The City of Miami, is not responsible for costs associated with cancellation of a course. M. The Sponsoring Agency; The -City of Miami, is not responsible.for failure on the.pa of the Participating Agency, Palm Beach County, to follow their jurisdiction's_. procurement and purchasing procedures. Page.3 of 11 N. The Sponsoring Agency, The City of Miami, is responsible for reimbursing approved costs associated with UAWG-approved regional training provided that the Participating Agency, Palm Beach County has complied with all UASI procedures.. O. The Sponsoring Agency, The City of Miami, is not responsible for reimbursing unapproved costs. III. SCOPE A. The provisions of this Agreement apply to UASI Grant Programs 2008 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. IV. DEFINITIONS • A. Critical Infrastructure. Any system or asset that if attacked would result in catastrophic loss of life and/or catastrophic economic loss management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources. B. Core County. The county within which the core city is geographically located. The core city is the City of Miami. °....UASI Grant Programs 2008 -The UASI Grant Programs.2008 reflect the intentof. -Congress and the -Administration to enhance and quantify the preparedness of the nation to combat terrorism. Page 4 of 11 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 the grant. F. UASI Grant Programs 2008. These grants are being provided to address the unique equipment, training, planning, and exercise needs of large high threat urban areas, and program activities must involve coordination by the identified core city, core county/counties, and the respective State Administrative Agency. Funding for the UASI Grant Programs 2008 were 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. Page 5of11 V. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR: A. Providing an administrative department, which shall be the City of Miami Fire - Rescue Department, authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. . B. Complying with the requirements or statutory objectives of federal law. C. Ensuring satisfactory progress toward the goals or objectives set forth in the grant application. D. Following grant agreement requirements and/or special conditions. E. Submitting required reports. VI. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR: A. Complying with all items outlined in the "Terms" section of this agreement. B. 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. C. Participating. Agencies and any sub -grantees must abide by the grant requirements including budget authorizations, required accounting and reporting expenditures, proper use of funds, and tracking of assets. D. Complying with all UASI Grant Programs 2008 requirements. Complying with _the requirements or statutory objectives:of.:federal law:: -,<F _-:Ensuring;_ satisfactory: progress toward the goals or objectives set forth in the grant application. G. Submitting required reports as prescribed by the Sponsoring Agency. L. Maintaining an equipment inventory of UASI purchased items. VII. 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 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:; Page7ofll VIII. 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 Programs 2008 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 agencyor the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers or documents related to the grant. C. Financial Status Reports are due within 45 days after the end of each calendar quarter. A report must be submitted for every quarter that the award is active, including partial calendar quarters, as well as for periods where no grant activity occurs. D. Submit progress reports to describe progress to date in implementing the grant and its impact on homeland security in the state. E. All financial commitments herein are made subject to the availability of funds and the continued mutual agreements of the parties. Page 8 of 11 IX. 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 terminated by either party on thirty (30) days written notice to the other party. D. 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. E. This Agreement will end on February 29, 2012, for the 2008 UASI Grant 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 grant. ATTEST: SPONSORING AGENCY THE CITY OF MIAMI, a municipal Corporation of the State of Florida BY: BY: Priscilla A. Thompson City Clerk Johnny Martinez City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: BY: Julie O. Bru City Attorney BY: Calvin Ellis, Director Department of Risk Management Page 10 of 11 ATTEST: Name: Title: PARTICIPATING AGENCY "Palm Beach County" BY: NAME: TITLE: APPROVED AS TO FORM AND CORRECTNESS: Participating Agency Attorney