Memorandum of Agreement c� )08 26729
MEMORANDUM OF AGREEMENT
-FOR PARTICIPATING MIAMI UASI GRANT FY 2009 AGENCY
"City of Miami Beach
This Agreement is entered into this / of Q... 2011, b and
9 �y y Y
between the City of Miami ( "City "), a municipal corporation 0of the State of Florida, (the
"Sponsoring Agency ") and the City of Miami Beach, (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 $10,708,461.00. dollars through the Urban
Area Security Initiative (UASI) Grant Program FY 2009; and
E
WHEREAS, the Sponsoring Agency is the coordinating agent for the,Miami UASI Grant
Program FY 2009; and
WHEREA +S, 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
Program FY 2009 and involve core cities, core counties, contiguous jurisdictions, mutual aid
I
partners, and State agencies; and
WHEREAS, the UASI Grant Program FY 2009 has included the - City of Miami Beach and
t
anticipates sub - granting a portion of the UASI funds in accordance with the grant's
requirements; and
J
WHEREAS, the City Commission,. by Resolution No, -� `p , adopted on
. has authorized the City Manager to enter into this Agreement with the
City 0 Miami Beach' on behalf of the City of Miami; and
WHEREA {S,. the Sponsoring Agency wishes to work with the participating agencies
through the Urban Area Working Group process to enhance the ability to respond to respond to
a terrorist threat or act by Miami and its surrounding jurisdictions.
f
Page I of 12
. 4
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 Program FY 2009 which
was made iavailable b the U.S. D of Homeland Security and the State of
Y p - Y
Florida Di ision of Errier :enc Management FDEM
9 Y . g � )
B. This Agreement serves as the Scope .of Work between the Participating Agency
-and the Sponsoring Agency.
II. SCOPE
A. The provisions of this Agreement apply to UASI Grant Program FY 2009 activities
to be erformed at the request of the-federal government, provided at the option of
. p � q 9 �P P .
the Sponsoring Agency, and in conjunction with, preparation for, or in anticipation
of,. a majol disaster or emergency related to terrorism and or wea o of mass
J . g. Y ns P.
destruction:
B. No, provision in this Agreement limits the activities of the Urban Area Working
Group or its Sponsoring Agency in performing local and state functions.
III. DEFINITONS
A.. Critical Infrastructure. Any system or asset that - if attacked would result in
i
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
Page 2 of 12
t,
4
• a
B. Core County, The county within which the core city is geographically located. The
core city is the City of Miami.
C. 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
: intero erabiiit and compatibility among Federal, State, and local capabilities, the
p Y Y .
NIMS includes a core set of concepts, principles, terminology, and technologies
covering e incident command system; multi-agency coordinations stems; unified
9 Y �. g Y Y
command,; training; identification and
D.. 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 is responsible for
coordinating development and implementation of all program elements, including
the urban area assessment, strategy development, and any direct services that are
delivered the rant.
Y .g
E. UASI Grant Program FY 2009. UASI : G'rant Program FY 2009 refers to a grant
provided to address the unique equipment, training, planning, and exercise needs
of larg high h threat urban areas and program ram activities involving coordination b
9. g �. p g 9 Y
the identified core city, core county /counties, and the respective State
Administrative Agency. Fundin_ for the UASI Grant Program FY 2009 was
9 g
appropriated by U.S. Congress and is authorized by Public Law 108 -11 the
Emerge. Y pp Wartime Su .lemental 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:
Page 3 of 12
I
i .
F. Urban Area. An . area is limited to inclusion of jurisdictions .contiguous to the
core city and county /counties, or with- which the core city or--county/counties have „
established formal mutual aid agreements.
IV. - SPONSORING. AGENCY SHALL BE RESPONSIBLE FOR:
f F'
A. Providing an administrative department, which shall be the City of Miami Fire-
.. r
Rescue Department, authorized to carry out -the herein agreed upon
responsibilities of the Sponsoring Agency.
B. Coordinati i g with named counties and cities, with the respective State
Administrative Agency, and with the FDEM and. USDHS.
C. Conducting a. comprehensive Urban Area Assessment, which will in turn guide the
development of an Urban. Area Homeland Security Strategy
p , . Y
'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,
overnme tal administrative, public safety communications healthcare and public,
_g � , p Y p
health.
E'. Developing a comprehensive Urban Area Homeland Security* Strategy and submit
to the SAA!. POC.
F. Com I in 1 with the requirements or statutory objectives of federal law:
P Y g� q ry . J
G. Ensuring satisfactory progress toward the goals or objectives set forth in the grant
t `
ap
H. Following grant agreement requirements and /or special conditions.
Page 4 of 12
}
I.. Submitting; required reports.
V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR:
}
{
A. Providing an administrative department, which shall be the City of Miami Beach
Fire Depafti ment who shall serve as the main liaison and partner with the City of
Miami Fire-Rescue Department, authorized to carry out the herein agreed upon
responsibilities of the Sponsoring Agency.
B. Developing sub- grants for municipalities within each county in accordance with
UASI Grant Program FY 2009 requirements. Participating Agencies and sub -
grantees must abide b the rant requirements including budget authorizations
g Y. 9 q g 9 ,
re uired accounting and reporting on fund: usage, use of funds only for the
- q 9 P 9 g Y _
intended u r ose, and tracking of federally funded assets.
p, p g Y . ,
C. Submitting monthly budget detail worksheets to the City of Miami on the progress
of direct purchases of equipment or services.
D:- Complying with all UASI. Grant Program FY 2009 requirements.
E. Participating as a member of the Urban Area Working Group to include
coordinating with and assisting, City of Miami in conducting a co.m rehensive
9. Y 9 _ P
ment of an Urban Area
Urban Area Assessment, which in turn will -guide development
Homeland Security Strategy.
F. Ensuring the participation of. the following critical players in the assessment and
strategy development process: law enforcement, emergency medical services,
emergency management, the fire service, hazardous materials, public works,
overnmental administrative public safety communications, healthcare and
9 ,p y public
_ p.
health.
G. Assisting the sponsoring agency in development of a comprehensive- Urban Area
Homeland Security Strategy.
I
I
Page 5 of 12
i
H. Complying with the requirements or statutory objectives of federal law:
I... Ensuring `satisfactory progress toward the goals or objectives set forth in the grant
application
J. Following. UASI Grant Program FY 2009 agreement requirements. and /or special
conditions.
i
K. Submitting required reports as prescribed rescribed b the Sponsoring Agency in a timely manner.
- 9 q p p Y p 9 9 Y� Y . ,
L.. Maintainingan equipment inventory of UASI purchased items.
VI. THE SPONSORING AGENY AND THE PARTICIPATING AGENCY AGREE: .
{
l
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.
l
C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers
compensation or time related issues of the .Participating Agency personnel.
D.' ' Sponsoring f 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 agen dy or subdivision of the State of Florida to be sued by third parties in any
manner arisin g 9 out of -this A greement or any other contract.
_ I .
r
j Page 6-of 12
4
E. This.is 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.
t
VII. FINANCIAL AGREEMENTS
A. Financial and Compliance Audit Re Com ort: Recipients that e $300,000.00 or
. I p p p p �
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 j in accordance with the U.S. General Accounting Office Government
Auditing Standards and' OMB Circular A -133.
B. The Secretary Security of Homeland Securit and the Comptroller General of ' the United
�.
States. shall have access to any books, documents, and records of recipients of
UASI Grant purposes
Program FY 2009 assistance for audit and examination ur
9 p p
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 rantee will also give the sponsoring agency or. the Comptroller
g g P g 9 Y p
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.
1.
E. All financial commitments herein are made subject to the availability of funds and
the continued mutual a reements of the parties.
! g p -
Page 7 of 12
Vill. - CONDITIONS, AMENDMENTS, AND TERMINATION
A. - The Participating Agency will not illegally discriminate against any employee or
applicant for employment on the: grounds of race, color, religion, sex, age or
national origin in fulfilling any and all obligations under this Agreement.
B. Any provision of this Agreement later found to be in conflict with Federal law or
regulation or invalidated by a court of competent jurisdiction, shall be considered
inoperable and /or superseded by, that law or regulation. Any provision found
inoperable is severable from this Agreement, and the remainder of the Agreement
shall remain in full force and effect.
C. This Agreement may be modified or amended only with the written agreement of
each of the parties.
D. This Agreement may be terminated by either party on thirty (30) days written notice
I
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 he parties, written or oral, except for ian execut obligations that have
g p P Y rY
not been fulfilled.
1
F.. This A regiment may be ' executed in several arts, each of which shall be
. 9 E. Y p
considered a valid Agreement, provided that each of the parties to the Agreement.
has executed at least one (1) 1 original co PY of the Agreement and has transmitted
9
copy of the signature page hereof to the other. parties.
G. This Agreement will end on April 30, 2012, 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.
t
Page 8of12
r
' IX. DEFAULT
A. If any of the following events occur ( "Events of Default"), all obligations on part of
the S onso'ring Agency to make further payment of funds shall, if the Sponsoring
p I ,
Agency elects, terminate and the Sponsoring Agency has the option to exercise
any of its remedies set forth in Section X. However, the Sponsoring Agency may
i
make payments or partial payments after any Events of Default without waiving the
right to exercise such remedies, and without becoming liable to make any further
payment.
a. If any warranty or representation made by the Participating Agency in this
Agreement or any previous agreement with, the Sponsoring Agency is or
becomes false or misleading n an respect, or if the Participating Agency.
g Y P P 9 9 Y
fails to keep or perform any of the obligations, terms or covenants in this
Agreement or any previous agreement with the Sponsoring Agency and
i
has not.cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
b. If material adverse changes occur in the financial condition of the
Participating Agency at any time during the term of this Agreement and
the Participating Agency fails to cure this adverse change within thirty
days from the date written notice is sent by the Sponsoring Agency;
i
c. If any reports required by this Agreement.have not been submitted to the
Sponsoring Agency, or have been submitted with incorrect, incomplete, or
fi
insufficient information;
I
d. If the Participating Agency has failed to perform and complete on. time any
of Jts obligations under this Agreement.
X. REMEDIES
A. If an Event of Default occurs, then the Sponsoring Agency may, after thirty
calendar days written notice to the. Participating Agency and upon the Participating
Agency's failure to cure within those thirty days., exercise any one or more of the
following remedies, either concurrently or consecutively:
f
r
Page 9 of 12
i
t
a. Terminate' this Agreement, provided that the Participating Agency is given
at ,least thirty days prior written notice of the ter mi na tions. The, notice shall
be ieffective when placed in the United States, first class mail, postage,
prepaid, by registered or, certified mail - return receipt requested;
b.- Begin an appropriate legal or equitabl3e action to enforce performance of
this Agreement;
c. Withhold or suspend payment of all or an art of a request for payment;
p pY any a q pY
d. Require that the Participating Agency refund to the Sponsoring Agency any
monies used for ineligible :purposes under that laws, rules and regulations
governing the use of these funds;
. - I
e'. Exercise any corrective or remedial actions, to include but not be limited to:
1. Request additional information from 'the Participating Agency to
determine the reasons for. or the extent of non - compliance or lack
of performance;
l .2. Issue a written warning to advise that more serious measures may
be taken if the situation is not corrected
3. Advise the Participating Agency to suspend, discontinue or refrain
from incurring costs for any activities in question or
1.4. Require the'. Participating Agency to 'reimburse. -the Sponsoring
Agency for the amount of costs incurred for any items determined
1
E to be ineligible;
f. Exercise an y g other ri hts.or remedies which - may be„ available under law.
� .
g. Pursuing any of the above remedies will not stop the Sponsoring Agency
from ursuin an other remedies in this Agreement or provided at law or
•. � p g Y
in equity. If the Sponsoring Agency waives. any right or remedy in this
Agreement or fails to insist on strict performance by the Participating
nc
A e , it will not affect; extend or waive any other right or remedy of the
9, Y
Sponsoring Agency, or affect the later exercise of the same right or remedy
b YI Sponsoring l the S onsorin Agency. for: any other default by the Participating'
.
Agency.
I
Page 10 of 12
i
}
SPONSORING AGENCY
THE CITY OF.MIAMI, a. municipal
ATTEST; ! Corporation of the State of Florida
BY: s BY:
Priscilla A. Thompson Ton Crapp, J
City Clerk. 1 , a (dvCity anager
APPROVED AS TO FORM AND APPROVED AS T IN
.CORRECTNESS: REQUIREMENT
i
BY: BY:
Ju.I e O. Bru �A/k/ G.ar�i Reshefs y, Director
City Attorney Risk Management
} I
r
I
Page l l of 12
i
PARTICIPATING AGENCY
«City of Miami Beach"
ATTEST:
C BY:
I
Name:
NAME ` (::;o -
Title:
TITLE: �Q-�c
APPROVED AS TO FORM AND
G RECTNESS:
' " , ; ?�'; - %`rticipating Agency Attorney
` 6�
Page 12 of 12
i