Loading...
HomeMy WebLinkAboutExhibitOPERATION STONEGARDEN SUBAWARD AGREEMENT MIAMI-DADE COUNTY AND THE CITY OF MIAMI Contract Number: R0562 FAIN: EMW-2021-SS-00056-S01 WHEREAS, Miami -Dade County (County), by and through its Miami -Dade Police Department (MDPD), and the City of Miami (City), by and through its Miami Police Department (MPD), have a long history of partnering on a joint effort to secure the United States borders along routes of ingress from international borders to include travel corridors in states bordering Mexico and Canada, as well as states and territories with international waters; and WHEREAS, this collaborative effort is called Operation Stonegarden (OPSG); and WHEREAS, OPSG is a federal grant program administered by the Federal Emergency Management Agency (FEMA), a component of the U.S. Department of Homeland Security (DHS), as part of the State Homeland Security Grant Program; and WHEREAS, On September 1, 2022, the Florida Division of Emergency Management, as the pass -through entity, sub -granted OPSG grant funds to the County, via the MDPD, in the amount of $360,000.00, to continue OPSG efforts in the County; and WHEREAS, pursuant to Resolution No. R-682-21, adopted on July 20, 2021, the County, by and through the MDPD, accepted awarded OPSG Program grant funds via Federal Award Identification Number (FAIN) EMW-2021-SS-00056-S01; and WHEREAS, this Agreement is entered into by the County, through its police department, the MDPD, and the City of Miami, through its police department, the MPD, to share funding for the continuation of the OPSG Program, and NOW, THEREFORE, BE IT KNOWN that the County and the City, in consideration for mutual promises and covenants contained herein, agree to abide by fully and faithfully, and be bound by the following terms and conditions: Page 1 of 8 PURPOSE The goal of the OPSG Program is to provide funding for the enhanced cooperation and coordination among state, local, tribal, territorial, and federal law enforcement agencies to jointly enhance security along the United States land and water borders. Ii. SCOPE This Agreement delineates the responsibilities and scope of work expected for participation in FY22 OPSG Program, FAIN EMW-2021-SS-00056-S01. Funds have been provided to the County by the State of Florida, Division of Emergency Management Division (FDEM). The Division serves as the pass -through entity for a federal award, and the County is the sub -recipient. III. RESPONSIBILITIES OF THE COUNTY The County, by and through the MDPD, agrees to: A. Monitor the implementation of this agreement in accordance with grant guidelines and requirements, that include, but are not limited to, operational and administrative performance, fiscal management, reporting, and other related grant requirements stipulated in Attachment A. B. Implement appropriate action as may be necessary to maintain grant compliance. C. Provide each partner agency with reporting deadlines and other information required to participate in OPSG. D. Comply with the requirements and statutory objectives as stipulated in Attachment A. E. Ensure satisfactory progress towards the goals and objectives stipulated in Attachment A. Page 2 of 8 F. Follow grant agreement requirements and/or special conditions as stipulated in Attachment A. G. Review submitted reimbursement requests and Deliverable Reports in accordance with the following Attachments: Division of Emergency Management Financial History and Performance Tracking (Form 1A); Quarterly Status Report (Form 1 B): Reimbursement Request (Form 2); Detail of Claim (Form 3); Reimbursement Budget Breakdown (Form 4); and Procurement Method Report (Form 5) to the MDPD's Fiscal Administration Bureau. H. Authorize the subaward of grant funds to the MPD in an amount not to exceed $68,756.06, pursuant to the terms of FY2022 OSPG Contract Number R0562 awarded to the MDPD on September 1, 2022, from FEMA, a component of DHS. I. Prepare and consolidate reports for submission to the State of Florida as stipulated in Attachment A. J. Make payments within 30 calendar days after receipt of the City's reimbursement request, unless there is reason to believe that the request is improper. If the request is found to be improper, it will be returned to the City for revision. Upon submission of a revised reimbursement request, a new 30- day calendar period will begin. IV. RESPONSIBILITIES OF THE CITY The City, by and through the MPD, agrees to: A. Provide an administrative liaison to coordinate financial and programmatic compliance. Page 3 of 8 B. Abide by all grant requirements including but not limited to budget authorizations, required accounting and reporting expenditures, proper use of funds, and tracking of assets as stipulated in Attachment A. C. Participate as a member of the OPSG Program, to include coordinating with and assisting the MDPD in conducting all police operations. D. Comply with the requirements and operational objectives of the OPSG Program as stipulated in Attachment A. E. Ensure satisfactory progress toward the goals or objectives as stipulated in Attachment A. F. Submit monthly reimbursement requests by the 10th day of the following month, using the Reimbursement Request (Form 2, 3, 4 and 5) if an expense has occurred. G. Provide quarterly financial and performance reports to the MDPD detailing project progress, to include the direct purchase of equipment or services as provided and stipulated in Attachment A, Financial History and Performance Tracking (Form 1A); and Quarterly Status Report (Form 1 B) by the 10th day of the following quarter. H. Maintain an inventory of equipment purchased using OSPG awarded funds. I. Ensure that all equipment obtained using OPSG funds awarded under Contract Number R0562, as identified in Attachment A, is readily available for use by trained personnel only; and ensure that all equipment purchased using OPSG funds awarded under Contract Number R0562 is readily available for onsite monitoring by the DHS, FDEM, and the County. J. Assume full responsibility of equipment purchased using OPSG funds awarded under Contract Number R0562, as identified in Attachment A. Such responsibilities include but are not limited to equipment maintenance and Page 4 of 8 replacement, training of personnel, insuring equipment and personnel, and complying with intra-agency auditing requirements. V. THE COUNTY AND CITY AGREE: A. The funding acquired and identified for the OPSG Program will be administered solely by the County via the MDPD. B. The MPD will provide financial and performance reports to the MDPD in a timely fashion. The MDPD will prepare consolidated reports for submission to the State of Florida as stipulated in Attachment A. C. The County is not responsible for personnel salaries, benefits, workers compensation or time related issues of the MPD personnel. D. All records received or created shall be made available at all reasonable times for inspection, review, copying, or audit by MDPD, FDEM, DHS or other persons as required by Florida law. E. All financial commitments herein are made subject to the availability of funds and the continued mutual agreements of the parties as identified in Attachment A. F. The OPSG is a reimbursement grant. As such, the City shall pay all allowable expenditures in full prior to submitting requests for reimbursement to the MDPD. VI. AUDITS A. The County and the City shall comply with the audit requirements outlined in 2 C.F.R. 200, subpart F. B. Should the City or County expend more than $750,000.00 in Federal funds during a fiscal year, an organization -wide financial and compliance audit report shall be submitted. The audit must be performed in accordance with U.S. General Accounting Office Government Auditing Standards and 2 C.F.R. 200. Page 5 of 8 VII. INDEMNIFICATION Each party to this Agreement agrees to assume responsibility for the acts, omissions, or conduct of such party's own employees while participating herein and pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. "Assume Responsibility" shall mean incurring all costs associated with any suit, action, or claim for damages arising from the performance of this Agreement. VIII. NON -ASSIGNABILITY Neither party shall assign any of the obligations or benefits of this Agreement. IX. TERM This Agreement shall become effective on the date of execution by all parties, and unless terminated or cancelled on an earlier date, will continue through March 31, 2024, the date on which all reporting requirements as detailed herein are due to the MDPD. This deadline may be extended if authorized via a grant extension and executed in compliance with Section X. below. X. NOTICES All notices to include invoices required or permitted under this Agreement shall be in writing and delivered by personal service, mailing the same by United States mail, or via electronic mail, addressed as follows: If to the County: With a copy to: Stephanie V. Daniels, Interim Director Miami -Dade Police Department 9105 NW 25 Street Doral, Florida 33172 Sergeant Samir Amado Fiscal Administration Bureau Miami -Dade Police Department 9105 NW 25 Street Doral, Florida 33172 Page 6 of 9 If to the City: With a copy to: XI. AMENDMENTS Manuel A. Morales, Chief Miami Police Department 400 NW 2nd Avenue Miami, Florida 33128 Name: Address: This Agreement may be amended as may be necessary, including to remain consistent with OPSG requirements, amendments, or extensions. Such amendments shall be made in writing and shall be effective only when signed by all parties. XII. CANCELLATION This Agreement may be cancelled by either party upon providing 90 days written notice to the other party. Cancellation will be at the discretion of the parties; in the case of Miami -Dade County, the Police Director and County Mayor or the Mayor's designee are authorized to cancel this Agreement. SIGNATURES ON NEXT PAGE Page 7 of 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers on the day and year written below. AGREED TO AND ACKNOWLEDGED BY: FOR MIAMI-DADE COUNTY: Daniella Levine Cava, Mayor Date n.tai,u1_, Stephanie V. Daniels, Interim Director Miami -Dade Police Department ATTEST: Juan Fernandez-Barquin, Clerk of the Court and Comptroller By: Print Name: Date: �3 `7 ...k__ Date Page 8 of 9 CITY OF MIAMI, a Florida Municipal Corporation: By: Date: Arthur Noriega V, City Manager By: Date. Manuel A. Morales, Chief Miami Police Department Attest: By: Date: Todd B. Hannon, City Clerk Approved as to Form and Correctness: By: Date: Victoria Mendez, City Attorney Approved as to Insurance Requirements: By: Date: Ann -Marie Sharpe, Director of Risk Management Page 9 of 9