Memorandum of Agreement for Urban Area Security Initiative FY 2016 01° 16 —aciS-s.
MEMORANDUM OF AGREEMENT
URBAN AREA SECURITY INITIATIVE FY 2016
"City of Miami Beach"
Agreement Number: 17-DS-V9-11-23-02-346
FAIN Number: EMW-2016-SS-00092-S01
CFDA#: 97.067
This Agreement is entered into this -11 qt day of May , 2016, by and between the
City of Miami, a municipal corporation of 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$5,158,500 dollars through the Urban Area Security Initiative(UASI)
Grant Program 2016; and
WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program
2016; and
WHEREAS, as the USDHS requires that the urban areas selected for funding take a regional
metropolitan area approach to the development and implementation of the UASI Grant Program 2016 and
involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and
WHEREAS, the 2016 Urban Area has been defined Miami and Ft. Lauderdale collectively and
anticipates sub-granting a portion of the UASI funds in accordance with the grant requirements; and
WHEREAS, the City Commission, by Resolution No.1(D -OSa - , adopted on )0 'd -1 t0,
2016, has authorized the City Manager to enter into this Agreement with each participating agency on
behalf of the City of Miami; and
WHEREAS, the Sponsoring Agency wishes to work with the participating agencies through the
Urban Area Working Group process to enhance Miami and its surrounding jurisdictions ability to respond
to a terrorist threat or act.
NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follow:
1
I. PURPOSE
A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies
for activities under the UASI Grant Program 2016 which was made available by the U.S. Department
of Homeland Security and the State of Florida Division of Emergency Management(FDEM).
B. This Agreement serves as the Scope of Work between the Participating Agency and the Sponsoring
Agency.
II. SCOPE
A. The provisions of this Agreement apply to UASI Grant Program 2016 activities to be performed at the
request of the federal government, provided at the option of the Sponsoring Agency, and in
conjunction with, preparation for, or in anticipation of, a major disaster or emergency related to
terrorism and or weapons of mass destruction.
B. No provision in this Agreement limits the activities of the Urban Area Working Group or its Sponsoring
Agency in performing local and state functions.
III. DEFINITIONS
A. Critical Infrastructure: Any system or asset that if attacked would result in catastrophic loss of life
and/or catastrophic economic loss management of resources (including systems for classifying types
of resources); qualifications and certification; and the collection, tracking, and reporting of incident
information and incident resources.
B. Core County: The County within which the core city is geographically located. The core city is the
City of Miami.
C. UASI Grant Program 2016: The UASI Grant Program 2016 reflects the intent of Congress and the
Administration to enhance and quantify the preparedness of the nation to combat terrorism and
continues to address the unique equipment, training, planning, and exercise needs of large high
threat urban areas, and program activities must involve coordination by the identified core city, core
county/counties, and the respective State Administrative Agency. Funding for the UASI Grant
Program 2016 was appropriated by U.S. Congress and is authorized by Public Law 108-11, the
Emergency Wartime Supplemental Appropriations Act, 2003. The funding will provide assistance to
build an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts
of terrorism for the selected urban areas.
D. National Incident Management System (NIMS): This system will provide a consistent nationwide
approach for federal, state, and local governments to work effectively and efficiently together to
prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or
2
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 and
training.
E. Urban Area Working Group (UAWG): The State Administrating Agency Point of Contact (SM POC)
must work through the Mayor/CEOs from all other jurisdictions within the defined urban area to
identify POCs from these jurisdictions to serve on the Urban Area Working Group. The Urban Area
Working Group will be responsible for coordinating development and implementation of all program
elements, including the urban area assessment, strategy development, and any direct services that
are delivered by the grant.
F. Urban Area: An urban area is limited to inclusion of jurisdictions contiguous to the core city and
county/counties, or with which the core city or county/counties have established formal mutual aid
agreements.
IV. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the City of Miami Fire-Rescue Department,
authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency.
B. Coordinating 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.
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 and submit to the SM POC.
F. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit #1 of
MOA".
G. Ensuring satisfactory progress toward the goals or objectives stipulated in"Exhibit#1 of MOA".
3
H. Following grant agreement requirements and/or special conditions as stipulated in "Exhibit #1 of
MOA".
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
Miami Fire-Rescue Department, authorized to carry out the herein agreed upon responsibilities of the
Sponsoring Agency.
B. Participating Agencies and any sub-grantees must abide by the grant requirements including budget
authorizations, required accounting and reporting expenditures, proper use of funds, and tracking of
assets as stipulated in the UASI Grant Program 2016 Agreement.
C. Submitting monthly budget detail worksheets to the City of Miami on the progress of direct purchases
of equipment or services as stipulated in"Exhibit#1 of MOA".
D. Complying with all UASI Grant Program 2016 requirements as stipulated in"Exhibit#1 of MOA".
E. Participating as a member of the Urban Area Working Group to include coordinating with and
assisting the City of Miami in conducting a comprehensive Urban Area Assessment, which in turn will
guide development of an Urban Area 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, governmental administrative, public safety communications,
healthcare and public health.
G. Assisting the sponsoring agency in development of a comprehensive Urban Area Homeland Security
Strategy.
H. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit #1 of
MOA".
I. Ensuring satisfactory progress toward the goals or objectives as stipulated in"Exhibit#1 of MOA".
J. Submitting required reports as prescribed by the Sponsoring Agency as stipulated in "Exhibit #1 of
MOA".
4
K. Inventory of the equipment obtained from the UASI Grant Program 2016, as identified in"Exhibit#2 of
MOA", shall be maintained and be made available for onsite monitoring upon request by the
Sponsoring Agency, DEM, and/or DHS by trained personnel on such equipment.
L. If the Participating Agency is incapable of staffing or maintaining the equipment obtained from the
UASI Grant Program 2016, as identified in "Exhibit #2 of MOA", the Participating Agency shall notify
the Sponsoring Agency and such equipment may be made available or transferred to another
Participating Agency ONLY with the Sponsoring Agency's approval in writing.
M. All equipment obtained from the UASI Grant Program 2016, as identified in "Exhibit #2 of MOA", is
the sole responsibility of the receiving agency. This includes, where applicable, maintenance,
replacement, training on equipment, certifications, licenses, insuring of equipment and personnel, and
compliance with intra-agency auditing requirements.
VI.THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE:
A. That funding acquired and identified for the Urban Area Security Initiative will be administered solely
by the Sponsoring Agency.
B. The Participating Agencies will provide financial and performance reports to the sponsoring agency in
a timely fashion.The Sponsoring Agency will prepare consolidated reports for submission to the State
of Florida as stipulated in"Exhibit#1 of MOA".
C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or
time related issues of the Participating Agency personnel.
D. The Sponsoring Agency and Participating Agency are subdivisions as defined in Section 768.28,
Florida Statutes, and each party agrees to be fully responsible for the respective acts and omissions
of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a
waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing
herein shall be construed as consent by a municipality, state agency or subdivision of the State of
Florida to be sued by third parties in any manner arising out of this Agreement or any other contract.
E. This is a reimbursement grant that requires the Participating Agencies to purchase, receive, and pay
invoices in full for equipment, services, and allowable personnel costs PRIOR to submitting the same
for reimbursement to the Sponsoring Agency.
5
VII. FINANCIAL AGREEMENTS
A. Financial and Compliance Audit Report: Recipients that expend $300,000 or more of Federal funds
during their fiscal year are required to submit an organization-wide financial and compliance audit
report. The audit must be performed in accordance with the U.S. General Accounting Office
Government Auditing Standards and 2 CFR 200.
B. The Secretary of Homeland Security and the Comptroller General of the United States shall have
access to any books, documents, and records of recipients of UASI Grant Program 2016 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 7 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 as stipulated in"Exhibit 1 of MOA".
D. Submit progress reports to describe progress to date in implementing the grant and its impact on
homeland security in the state.
E. All financial commitments herein are made subject to the availability of funds and the continued
mutual agreements of the parties as identified in"Exhibit 2 of MOA".
VIII. CONDITIONS, AMENDMENTS,AND TERMINATION
A. The Participating Agency will not illegally discriminate against any employee or applicant for
employment on the grounds of race, color, religion, sex, age, or national origin in fulfilling any and all
obligations under this Agreement.
B. Any provision of this Agreement later found to be in conflict with Federal law or regulation, or
invalidated by a court of competent jurisdiction, shall be considered inoperable and/or superseded by
that law or regulation. Any provision found inoperable is severable from this Agreement, and the
remainder of the Agreement shall remain in full force and effect.
C. This Agreement may be terminated by either party on thirty(30) days written notice to the other party
at the address furnished by the parties to one another to receive notices under this agreement or if no
address is specified, to the address of the parties'signatory executing this contract.
6
D. This Agreement shall be considered the full and complete agreement between the undersigned
parties, and shall supersede any prior Memorandum of Agreement among the parties, written or oral,
except for any executory obligations that have not been fulfilled.
E. This Agreement will end on June 30, 2018, unless otherwise extended, by a written amendment duly
approved and executed prior to June 30, 2018, 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.
SPONSORING AGENCY
THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
ATTEST:
. !a 1,1
BY: s BY: - .Lea .:�..
Todd B. Hannon Daniel J.Alfons/
City Clerk City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURA/tx10E
CORRECTNESS: REQUIREMENTS: j
I
/ r
•
BY: Y:
V toria Mended 'XEhc A n-Marie S .arpe, Director
7
City Attorney Department of Risk Management
PARTICIPATING AGENCY
"City of Miami Beach"
ATTEST:
BY: 1...,V1
Name:
NAME: 51 rv-Ner\J 010,--c-jt
ILA Ii 2o 1 1
2k11.
Title: ....1* NcoRp ORP ; g
$ (0
'4444P H
DUNS: °2- (D5LI G2-09
APPROVED AS TO FORM AND
CORRECTNESS:
C-1-7<c_311-
Participating Agency Attorney
8