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
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Temp. Reso. No. 4912
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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
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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
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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
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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
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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