FY2008 01/20/2010
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
February 5, 2010
TO:
Chief James Callahan
Emergency Services
ATTN:
Jose Tezanos,
Emergency Management Planner
FROM:
Isabel C. DeSantis, D. C.
At the BOCC meeting held on January 20,2010, the Board granted and authorized
execution of a Memorandum of Agreement between Monroe County and the City of Miami,
dated September 30, 2009, concerning a United States Department of Homeland Security's
Office of Grants & Training (OG&T), through the State of Florida Division of Emergency
Management (FDEM) sub-grant (Agreement #10DS-48-11-23-02-195), fully grant funded and
no county match, and authorization for the County Administrator to execute any other required
documentation in relation to the application process.
Attached hereto are three fully executed duplicate originals of the subject document for
your handling. Should you have any questions, please feel free to contact my office.
cc: County Attorney
Financo/
File V
MEMORANDUM OF AGREEMENT
FOR PARTICIPATING MIAMI UASI GRANT 2008 AGENCY
"Monroe County"
This Agreement is entered into this~'""- day Of~~ tv- . 2009. by
and between the City of Miami, a municipal corporation of the State of Florida, (the
uSponsoring Agency") and Monroe County, (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 $11,271,885 dollars through
the Urban Area Security Initiative (UASI) Grant Program 2008; and
WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI
Grant Program 2008; 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 2008 and involve core cities, core counties, contiguous
jurisdictions, mutual aid partners, and State agencies; and
WHEREAS, the 2008 Urban Area has been defined as the City of Miami, Miami-
Dade and Monroe Counties, and the City of Hialeah, and anticipates sub-granting a
portion of the UASI funds in accordance with the grant requirements; and
WHEREAS, the City Commission, by Resolution No. Oq - 04/.3 I
adopted orE:;,i. JO} cJ n!) '1. 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.
Lm)~o:I1 oq -}1~?J
Page 1 of 10
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 2008 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 2008 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 correction, tracking, and reporting of incident information and
incident resources.
Page 2 of 10
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 2008. The UASI Grant Program 2008 reflects the intent of
Congress and the Administration to enhance and quantify the preparedness of the
nation to combat terrorism.
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 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; m~lti-agency coordination systems; unified
command; training; identification and
E. Urban Area Working Group (UAWG). The State Administrating Agency Point of
Contact (SAA PO C) must work through the Mayor/CEOs from all other jurisdictions
within the defined urban area to identify POGs 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. UASI Grant Program 2008. This grant is being provided 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 2008 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 sustaina.ble
capacity to prevent, respond to, and recover from threats or acts of terrorism for
the selected urban areas.
Page 3 of 10
G. 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, whi"ch 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. DeveJoping a comprehensive Urban Area Homeland Security Strategy and submit
to the 8M POCo
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
apprication.
H. Following grant agreement requirements and/or special conditions.
Page 4 of 10
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.
8. Developing sub-grants for municiparities within each county in accordance with UASI
Grant Program 2008 requirements. Participating Agencies and sub-grantees must
abide by the grant requirements including 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 monthly budget detail worksheets to the City of Miami on the progress of
direct purchases of equipment or services.
D. Complying with aU UASI Grant Program 2008 requirements.
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.
Page 5 of 10
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 2008 agreement requirements and/or special
conditions.
K. Submitting required reports as prescribed by the Sponsoring Agency.
L. Maintaining an equipment inventory of UASI purchased items.
VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE:
A. That funding acquired and identified for the Urban Area Security Initiative will be
administered sofely 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.
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 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 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.
Page 6 of 10
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.
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 OMS
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
UASI Grant Program 2008 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 aU 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,
incfuding partial calendar quarters, as well as for periods where no grant activity
occurs.
D. Submit Categorical Assistance Progress Report 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.
Page 7 of 10
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 raw 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, written or oral, except for any executory obligations that have
not been fulfilled.
F. This Agreement may be executed in severar parts, each of which shaH 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 May 311 2011 r 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.
Page 8 of 10
ATTEST:
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
Julie O. Bru
City Attorney
ATTEST:
~.~
Name: Danny L. Kolhage, Clerk
Title:
1/:;"0//0
. ,
SPONSORING AGENCY
THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
APPROVED AS TO RANCE
REQUIREMENTS:
PARTICIPATING AGENCY
"Monroe County"
NAME:
TITLE:
Mayor/Chairman
Page 9 of 10
ASSIST
Date
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Page 10 of 10