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HomeMy WebLinkAboutPre-Resolution - City of MiramarTemp. Reso. No. 4912 11/9/10 11/22/10 CITY OF MIRAMAR MIRAMAR, FLORIDA RESOLUTION NO. •11-18 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIRAMAR, FLORIDA, ACCEPTING A GRANT FROM THE "URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FY 2010", THROUGH THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, FOR THE BENEFIT OF THE FORT LAUDERDALE UASI, COMPRISED OF THE CITY OF MIRAMAR AND VARIOUS OTHER COUNTY AND MUNICIPAL ENTITIES, IN THE AMOUNT OF $5,885,153.00; AUTHORIZING THE EXECUTION OF A GRANT ACCEPTANCE AWARD LETTER WITH THE STATE OF FLORIDA; AUTHORIZING THE EXECUTION OF A FEDERALLY -FUNDED SUB - GRANT AGREEMENT WITH THE STATE OF FLORIDA; AUTHORIZING THE EXECUTION OF MEMORANDUMS OF AGREEMENT BETWEEN THE CITY OF MIRAMAR, AS "SPONSORING AGENCY", AND THE VARIOUS OTHER GOVERNMENTAL ENTITIES COMPRISING THE FORT LAUDERDALE UASI, AS "PARTICIPATING AGENCIES", AND ANY APPROPRIATE FUTURE AMENDMENTS TO SAME; AND AUTHORIZING THE EXECUTION OF OTHER MEMORANDUMS OF AGREEMENT DEEMED APPROPRIATE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, although 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 Department of Homeland Security, Office of Grants & Training ("OG&T"), is authorized by the Emergency Wartime Supplemental Appropriations Act of 2003 to provide funds to States for subsequent distribution to selected urban areas to address the unique equipment, training, planning, exercise and Reso. No. 11-38 Temp. Reso. No. 4912 11/9/10 11/22/10 operational needs for large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to and recover from threats or acts of terrorism; and WHEREAS, the OG&T, through the State of Honda Division of Emergency Management ("DEM"), has subgranted UASI Grant Program FY 2010 grant funds to the City of Miramar ("City") in the net amount of $5,885,153.00 for Fiscal Year 2010 for the benefit of the entities which comprise the Fort Lauderdale UASI, which include Broward and Palm Beach Counties, the cities of Fort Lauderdale, Hollywood, Pembroke Pines, Miramar, Coral Springs, Sunrise and Miami Gardens, and the Broward County and the Palm Beach County Sheriff's Offices; and WHEREAS, as stipulated in the state grant acceptance award letter, attached hereto as Exhibit "AW, in accordance with the provisions of the State Homeland Security Grant Program, this award letter must be signed before execution of the grant agreement; and WHEREAS, as a result of receiving the state grant agreement, entitled "Federally- Funded Subgrant Agreement", the City of Miramar Police Department will facilitate the expenditure and reimbursement of said funds to address the unique equipment, training, planning, exercise and operational needs of the entities comprising the Fort Lauderdale UASI in order to build an enhanced and sustainable capacity to prevent, respond to and recover from threats or acts of terrorism; and Reso. No. 11-38 2 Temp. Reso. No. 4912 11/9/10 11 /22/10 WHEREAS, in accordance with the UASI Grant Program FY 2010, execution of the form of Memorandum of Agreement ("MOA") between the City of Miramar, as Sponsoring Agency, and the entities comprising the Fort Lauderdale UASI, as Participating Agencies, attached as "Exhibit "Bn, will provide the necessary guidelines to coordinate the expenditure and reimbursement of funds as required under the UASI Grant Program FY 2010 and will enhance the ability of the City of Miramar and its surrounding jurisdictions to respond to terrorist threats or acts and permit the City to facilitate reimbursement of the Fort Lauderdale UASI members for expenditures that are compliant with the Program; and WHEREAS, providing authority to the City Manager to execute any appropriate future amendments to the MOAs, future MOAs relating to surplus funds or to future budget transfers that are agreed to by the Fort Lauderdale UASI Working Group, and MOAs with non -Fort Lauderdale UASI entities, as deemed appropriate and in accordance with the . State Grant Contract, the FY 2010 UASI grant budget and with federal and state grant guidelines, oversight and guidance, will facilitate the expenditure and reimbursement of the grant fundsas contemplated by the FY 2010 UASI Grant Program; and WHEREAS, the City Commission deems it to be in the best interest of the residents and citizens of the City of Miramar to accept the grant from the UASI Grant Reso. No. t 7-98 3 Temp. Reso. No. 4912 11/9/10 11/22/10 Program FY 2010, through the State of Florida, Division of Emergency Management, for the benefit of the Fort Lauderdale UASI, in the net amount of $5,885,153.00; to authorize the execution of the grant acceptance award letter with the State of Florida, attached hereto as Exhibit "A"; to authorize the execution of the Federally -Funded Subgrant Agreement with the State of Florida once it is received; and to authorize the execution of MOAs between the City of Miramar, as "Sponsoring Agency", and the various other governmental entities comprising the Fort Lauderdale UASI, as "Participating Agencies", in substantial conformity with the form attached hereto as Exhibit "B", and any appropriate future amendments to same, and to authorize the execution of other MOAs, as deemed appropriate and in accordance with the State Grant Contract, the FY 2010 UASI grant budget and all relevant federal and state guidelines, oversight and guidance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIRAMAR, FLORIDA AS FOLLOWS: Section 1: That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2: That the City Commission of the City of Miramar accepts the grant funding referenced above from the Urban Area Security Initiative ("UASI") Grant Program FY 2010 on behalf of the City of Miramar and for the benefit of the Fort Lauderdale UASI and authorizes the City Manager to execute the state grant Reso. No. > > _11R 4 Temp. Reso. No. 4912 11/9/10 11 /22/10 acceptance award letter, attached hereto as Exhibit "A", and further authorizes the City Manager to execute the Federally -Funded Subgrant Agreement once it is received. Section 3: That the City Manager is authorized to execute separate MOAs, in substantial conformity with the form of MOA attached hereto as Exhibit 13", between the City and the various other govemmental entities comprising the Fort Lauderdale UASI, for the purpose of setting forth the parties' responsibilities in connection with the development and support of the UASI Grant Program FY 2010 administered by the City of Miramar's Police Department, a UASI sponsoring agency, contingent upon funding of said project being secured in the form of the grants from the OG&T through the DEM, and to facilitate the expenditure and reimbursement of grant funds in conformance with all applicable grant requirements, as well as any appropriate future amendments to same, subject to non -substantial changes deemed appropriate by the City Manager and approved as to form and legal sufficiency by. the City Attorney. Section 4: That the City Manager is authorized to execute any additional MOAs related to the FY 2010 UASI Grant Program deemed appropriate and in accordance with the State Grant Contract, the FY 2010 UASI grant budget and all federal and state grant guidelines, oversight and guidance, subject to City Attorney approval as to form and legal sufficiency. Section 5: That the appropriate City officials are authorized to do all things necessary and expedient to carry out the aims of this Resolution. Reso. No. t 1_38 5 Temp. Reso. No. 4912 11/9/10 11/22/10 Section 6: That this Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 29 day of NnvemhPr , 2010. Vice M Or, Winston. . Barnes ATTEST: Yve M. McLeary, Cit IREBY CERTIFY that I have a.proved this RESOLUTION as to form: Ci Weiss S - ota Heffman Pastoriza Cole & oniske, P.L. .L4 Requested by Administration Voted Commissioner Winston F. Bames FPF Commissioner Alexandra P. Davis Yes Commissioner Yvonne Garth Yes Commissioner Troy R. Samuels Yes Mayor Lori C. Moseley Yes Reso. No. 11-38 Exhibit "A" STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT CHARLIE GRIST DAVID HALSTEAD Governor Director October 15, 2010 SUBGRANTEE: Fort Lauderdale UASI ISSUE NUMBER PROJECT TITLE FINAL ALLOCATION 47 Urban Area Security Initiative $5,885,153.00 GRANT PERIOD: August 1, 2010—July 31, 2013 AWARD TOTAL: $5,885,153.00 FEDERAL GRANT NO: 2010-SS-TO-0092 STATE AGREEMENT NO: Provided Upon Execution In accordance with the provisions of Federal Fiscal Year 2010 Homeland Security Grant Program, the Florida Division of Emergency Management hereby awards to the foregoing Subgrantee a grant in the amount shown above. Payment of Funds: This Award Letter must be signed by the Official Authorized to Sign in the space below and the original returned to the Florida Division of Emergency Management before execution of your agreement. The subgrantee should not expend any funds until they receive a fully executed agreement from the Florida Division of Emergency Management and all Special Conditions are satisfied. Grant funds will be disbursed to subgrantees (according to the approved project budget) upon receipt of evidence that items have been invoiced, deliverables have been received and that funds have been expended (i.e., invoices, contracts, itemized expenses, canceled checks, etc.). Supplantation: The Act requires that subgrantees provide assurance that subgrant funds will riot be used to supplant or replace local or state funds or other resources that would otherwise have been available for homeland security activities. In compliance with that mandate, I certify that the receipt of federal funds through Florida Division of Emergency Management shall in no way supplant or replace state or local funds or other resources that would have been made available for homeland security activities. Conditions: I certify that I understand and agree that funds will onty be expended for those projects outlined in the funding amounts as individually listed above. I also certify that I understand and agree to comply with the general and fiscal terms and conditions of the grant including special conditions; to comply with provisions of the Act governing these funds and all other federal laws; that all information is correct; that there has been appropriate coordination with affected agencies; that I am duly authorized to commit the applicant to these requirements; and that all agencies Involved with this project understand that all federal funds are limited to a thirty six-month (36) period. FLORIDA RECOVERY OFFICE • DIVISION HEADQUARTERS • STATELOOISTICBRESPONSECENTER 36 Skyline Drive^^^ 2555 Shumard'Oak .Boulevard 2702 Directors Row SPECIAL CONDITIONS 1. The grantee and any aubgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to DHS grants are listed below: A. Administrative Requirements 1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110) B. Cost Principles 1. 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) 2. 2 CFR Part 220, Cosi Principles for Educational Institutions (OMB Circular A-21) 3. 2 CFR Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122) 4.. Federal Acquisition Regulations (FAR), Part 312 Contract Cost Principles and Procedures, Contracts with Commercial Organizations C. Audit Requirements 1. OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations 2. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any taw, regulation or policy. at any level of government, without the express prior written approval of FEMA_ 3. The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2010 Homeland Security Grant Program (HSGP) guidance and application kit. 4. The recipient shall not undertake any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA, including but not limited to ground disturbance, construction, modification of structures, and purchase and use of sonar equipment. Recipient mustcomply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non-comptiance finding and will riot be eligible for FEMA funding. 5. A. Provision applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this award, and subreclplents' employees may not: a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; b. Procure a commercial sex act during the period of time that the award is in effect; or c. Use forced labor in the performance of the award or subawards under the award. 2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or al subrecipient that is a private entity: a. Is determined to have violated a prohibition in paragraph A.1 of this award term; or b. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 of thls award term through conduct that is either. I. Associated with performance under this award; or ii. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided In 2 CFR Part 180, "OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension (Non -procurement)," as implemented by our agency at 2 CFR Part 3000. Provisions applicable to a recipient other than a private entity. We as the Federal warding agency may unilaterally terminate this award, without penalty, if a subrecipient that Is a private entity: 1. Is determined to have violated a prohibition in paragraph A.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 ()Tiflis award term through conduct that is either. a. Associated with performance under this award; or b. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, 'OMB Guidelines to Agencies on Government wide Debarment and Suspension (Non -procurement)," as implemented by our agency at 2 CFR Part 3000. C. Provision applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph A.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph A.2 or B of this section: a. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and b. Is in addition to all other remedies for noncomplicance that are available to us under this award. 3. You must include the requirements of paragraph A.1 of this award term in any subaward you make to a private entity. 6. Definitions_ For purposes of this award term: 1. "Employee" means either: a. An individual employed by you or a subrecipient who Is engaged in the performance of the project or program under this award; or b. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitrnent, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity" means: a. Any entity other than a State, local govemment, Indian Tribe, or foreign public entity, as those terms are, defined in 2 CFR 175.25. b. Includes: I. A nonprofit organization, including any nonprofit Institution of higher education, hospital, or tribal organization other than one included in the definition of Indian Tribe at 2 CFR 175.25(b). ii. A for -profit organization. 4. "Severe forms of trafficking in persons,' "commercial sex act,' end "coercion' have the meanings given at section 103 of the TVPA, as amended (22U.S.C. 7102). 7. A. 'Classified national security information,' as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. B. No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information If the award recipient has not been approved for and has access to such information. C. Where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subawardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with whom the classified effort will be performed. D. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS 'Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other applicable implementing directives or instructions. Alt security requirement documents are located at: http://www.dhs.ciovixopnbixtqrantsfindex.shtrn E. Immediately upon determination by the award recipient that funding under this award will be used to support such a contract, subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract. subaward, or other agreement, the award recipient shall contact ISPB, or the applicable Federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Email: DD254AdministrativeSecurity(a)dhs.gov Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, D.C. 20528 ACCEPTANCE FOR THE SUBGRANTEE: Signature of Official Authorized to Sign for Grantee Signature of State Administrative Agency EXHIBIT B MEMORANDUM OF AGREEMENT FOR PARTICIPATING FORT LAUDERDALE UASI AGENCIES This Agreement isentered into this day of , 20 ,'by and between the City of Miramar, a municipal corporation of the State of Florida (the "Sponsoring Agency") and (the Participating Agency"). RECITALS WHEREAS, The United States Department of Homeland Security (DHS), through the Office of Grants and Training (OG&T), is providing financial assistance to the Fort Lauderdale Urban Area through the FY 2009 Urban Area Security Initiative (UASI) Grant Program in the amount $5,885,153; and WHEREAS, the Sponsoring Agency is the coordinating agent for the Fort Lauderdale FY 2010 UASI Grant Program; and WHEREAS, the OG&T requires that the urban areas selected for funding take a regional metropolitan area approach to the development and implementation of the FY 2010 UASI Grant Program and involve core cities, core counties, contiguous jurisdictions, mutual aid partners and State agencies; and WHEREAS, the Fort Lauderdale Urban Area has been defined as the City of Miramar, City of Miami Gardens, City of Fort Lauderdale, City of Hollywood, City of Pembroke Pines, City of Coral Springs, City of Sunrise, Broward County and Palm Beach County; and the Fort Lauderdale Urban Area Working Group includes the foregoing agencies as well as the Broward Sheriff's Office, the Palm Beach County Sheriff's Office, the Miami -Dade County Police Department and the State Administrative Agency, represented by the Florida Department of Law Enforcement; and WHEREAS, the City of Miramar anticipates that it will be subgranting a portion of the funds to the cities and counties listed above, as well as to the Broward Sheriff's Office and the Palm Beach County Sheriffs Office, as members of the Fort Lauderdale UASI in acxordance with the FY 2010 UASI Grant Program; and WHEREAS, the City Commission of the City of Miramar, by Resolution No. adopted on , has approved the execution of the Federally - Funded Subgrant Agreement with the State of Florida, and has authorized the City Manager to enter into this Agreement with each Participating Agency on behalf of the City of Miramar; and WHEREAS, the Sponsoring Agency wishes to work with the Participating Agencies through the Urban Area Working Group process to enhance the ability of Miramar and its surrounding jurisdictions to respond to a terrorist threat or act. NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1. PURPOSE A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies for activities under the FY 2010 Urban Areas Security Initiative (UASI) Grant Program which was made available by the U.S. Department' of Homeland Security (DHS) and through the State of Florida Division of Emergency Management (DEM)_ B. This Agreement serves as the Scope of Work between a Participating Agency and the Sponsoring Agency. II. SCOPE A. The provisions of this Agreement apply to FY 2010 UASI activities to be performed at the request of the Federal government, provided at the option of the Sponsoring Agency, and in conjunction with, in preparation for or in anticipation of, a major. disaster or emergency related to terrorism and/or weapons of mass destruction. B. No provision of this Agreement limits the activities of the Urban Area Working Group or its Sponsoring Agency in performing local and state functions. III. DEFIINRIONS A. Critical Infrastructure. Any system or asset that if attacked would result in catastrophic Toss of life and/or catastrophic economic Toss. B. The U.S. Department of Homeland Security (DHS), Urban Areas Security Initiative (UASI) Grant Program (FY 2010). This program reflects the intent of Congress and the Administration to enhance and quantify the preparedness of the nation to combat terrorism. The UASI Grant Program is being provided to address the unique equipment, training, planning, operational and exercise needs of large high threat urban areas, and program activities must involve coordination by the named cities and counties, and any which are identified by the Urban Area Working Group and the respective State Administrative Agency. Funding for the FY 2010 UASI Grant Program was appropriated by the U.S. Congress and is authorized by Public Law 108-11, the Emergency Wartime Supplemental Appropriations Act of 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. C. National Incident Management System (NIMS). This system will provide a consistent nationwide approach for Federal, State, and local govemments 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; and identification. According to current Homeland Security Grant Program Guidance, awardees must meet the NIMS compliance requirements in order to receive preparedness funding. State, Territory, Tribal and local govemments are considered to be in full NIMS compliance if they have adopted and/or have implemented the FY 2005 through FY 2010 compliance activities, as described by the Federal Emergency Management Agency. D. Urban Area Working Group (UAWG). _ The State Administrative Agency, (SAA) Point of Contact (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 end implementation of all program elements, including the urban area asscsment, strategy development and any direct services that are delivered by OG&T. E. Urban Area. An urban area is limited to inclusion of jurisdictions contiguous to the named cities and counties, or with which the named cities and 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 Miramar Police Department, authorized to carry out the herein agreed upon responsibilities of•the Sponsoring Agency. B. Coordinating with named.. cities and counties, with the respective State Administrative Agency and with the OG&T. C. Conducting a comprehensive Urban Area Assessment, which in tum will guide development of an Urban Area Homeland Security Strategy. D. Ensuring the participation of the following critical players in the assessment and strategy development process: law enforcement, emergency medical services, emergency management, the fire service, hazardous materials, public works, governmental administrative, public safety communications, healthcare and public health. E. Developing a comprehensive Urban Area Homeland Security Strategy to be submitted to the SAA POC. F. Complying with the requirements or statutory objectives of federal law. G. Ensuring satisfactory progress toward the goals or objectives set forth in the grant application. H. Following grant agreement requirements and/or special conditions, including the terms, conditions, certifications and other requirements contained in the Federally - Funded Subgrant Agreement between the State of Florida, Division of Emergency Management, and the City of Miramar, attached hereto as Exhibit "1" and hereby incorporated by reference. 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 Miramar Police Department, authorized to carry out the herein agreed upon responsibilities of the Participating Agency. B. Developing subgrants for municipalities within each county in accordance with UASI Grant Program FY 2010 requirements. Participating Agencies and subgrantees must and hereby agree to comply with the requirements of the UASI Grant Program FY 2010 and the terms, conditions, certifications and other requirements contained in the Federally -Funded Subgrant Agreement between the State of Florida, Division of Emergency Management, and the City of Miramar, attached hereto as Exhibit "1", including but not limited to budget authorizations, required accounting and reporting on fund usage, use of funds only for the intended purpose and tracking of federally funded assets. C. Submitting budget detail worksheets for direct purchases of equipment or services. D. Participating as a member of the Urban Area Working Group to include coordinating with and assisting the City of Miramar in conducting a comprehensive Urban Area Assessment, which in tum will guide development of an Urban Area Homeland Security Strategy. E. 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. F_ Assisting the City of Miramar in development of a comprehensive Urban Area Homeland Security Strategy. 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. Submitting required reports. VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE: A. That funding acquired and identified for the Urban Areas Security Initiative will be administered solely by the Sponsoring Agency. B. The Participating Agencies will provide financial and performance reports to City of Miramar in a timely fashion. The City of Miramar 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 Chapter 76B.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. The Participating Agency has been allocated $ to be expended and reimbursed pursuant to the terms of this Agreement_ VII. FINANCIAL AGREEMENTS A. Financial and Compliance Audit Report: Recipients that expend $500,000 or more of Federal funds during their fiscal year are required to submit an organization - wide financial and compliance audit report. The audit must be performed in accordance with the U.S. General Accounting Office Government Auditing Standards and OMB Circular A-133. B. The Secretary of Homeland Security and the Comptroller General of the United States shall have access to any books, documents, and records of recipients of FY 2010 UASI Homeland Security Grant Program assistance for audit and examination purposes, provided that, in the opinion of the Secretary of Homeland Security or the Comptroller General, these documents are related to the receipt or use of such assistance. The grantee will also give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers or documents related to the grant. C. Financial Status Reports are due within 45 days after the end of each calendar quarter. A report must be submitted for every quarter that the award is active, including partial calendar quarters, as well as for periods where no grant activity occurs. D. Categorical Assistance Progress Reports by the Sponsoring Agency, the Participating Agency or by Subgrantees must be submitted 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_ CONDmONS, AMENDMENTS, AND TERMINATION A_ The Participating Agency will not illegally discriminate against any employee or applicant for employment on the grounds of race, color, religion, sex, age, or national origin in fulfilling any and all obligations under this Agreement. B. Any provision of this Agreement later found to be in conflict with Federal law or regulation, or invalidated by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law or regulation. Any provision found inoperable is severable from this Agreement, and the remainder of the Agreement shall remain in full force and effect. C. This Agreement may be modified or amended only with the written agreement of each of the parties. D. This Agreement may be terminated by either party on thirty (30) days written notice to the other party. E. This Agreement shall be considered the full and complete agreement between the undersigned parties, and shall supersede any prior Memorandum of Agreement among the parties regarding the subject of this Agreement, written or oral, except for any executory obligations that have not been fulfilled. F. This Agreement may be executed in several parts, each of which shall be considered a valid Agreement, provided that each of the parties to the Agreement has executed at least one (1) original copy of the Agreement and has transmitted copy of the signature page hereof to the other parties. G. This Agreement will end on July 31, 2013, 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 with procedures, training and equipment standards as prescribed by the OG&T. H. Per Section (21), entitled "Lobbying Prohibition", of the Federally -Funded State Grant Agreement, attached hereto as Exhibit "1", 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. 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 will 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 making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; and (2) if any funds other than Federal appropriated funds have been paid or will be 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 or cooperative agreement, the undersigned shall complete Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all 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 making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SPONSORING AGENCY THE CITY OF MIRAMAR, a municipal ATTEST: corporation of the State of Florida BY: Yvette McLeary Robert A. Payton City Clerk City Manager Approved as to form and legal sufficiency for the use of and reliance by the City of Miramar only: City Attorney Weiss Serota Hellman Pastoriza Cole & Boniske, P.L., ATTEST: PARTICIPATING AGENCY BY: Name: Name: Title: Title: APPROVED AS TO FORM AND CORRECTNESS: Participating Agency Attorney