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HomeMy WebLinkAboutItem C39BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 19, 2011 Division: Emergency Services Bulk Item: Yes X No _ Department: Emergency Management Staff Contact Person/Phone # Jose Tezanos / 305-289-6325 AGENDA ITEM WORDING: Approval of Modification #1 to reinstate and extend grand expiration of Memorandum of Agreement with the City of Miami concerning a United States Department of Homeland Security's Office of Grants & Training (OG&T), through the State of Florida Division of Emergency Management (DEM) sub -grant Agreement # 09DS-24-11-23-02-011, no county funding required, in the amount of $336,998.00, and authorization for the County Administrator to execute any other required documentation in relation to the application process. ITEM BACKGROUND: The United States Department of Homeland Security's Office of Grants & Training (OG&T), through the State of Florida Division of Emergency Management (DEM), has subgranted the Urban Area Security Initiative (UASI) Grant Program, FY 2007, to the City of Miami, it's contiguous counties, Miami -Dade and Monroe, the City of Hialeah, and the Florida Department of Health, in the amount of $11,620,600.00. This program targets homeland security funding to "high threat" urban areas in order to prevent, respond, and recover from threats or acts of terrorism. Monroe County is receiving $336,998.00 and it breaks down as follows; MCSO $168,499.00, and MCEM $168,499.00. PREVIOUS RELEVANT BOARD ACTION: On October 15, 2008 the Board approved a Memorandum of Agreement with the City of Miami concerning an United States Department of Homeland Security's Office of Grants & Training (OG&T), through the State of Florida Division of Emergency Management (DEM) sub -grant (Agreement # 09DS-24-11-23-02-011) in the amount of $336,998.00, and authorization for the County Administrator to execute and other required documentation in relation to the application process. CONTRACT/AGREEMENT CHANGES: Reinstatement and extension of grant expiration from April 30, 2010 to December 30, 2011. STAFF RECOMMENDATIONS: Approval TOTAL COST: 336,998.00 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $ 0.00 SOURCE OF FUNDS: UASI Grant REVENUE PRODUCING: Yes X No 'f A O 'NT PER MONTH Year s, APPROVED BY: County Atty OMB/Purc ing X Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM #, Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: City of Miami Contract #09DS 24-11-23-02-011 Effective Date: May 20, 2008 Expiration Date: December 30, 2011 Contract Purpose/Description: Approval of Modification # 1 to reinstate and extend grand expiration of Memorandum of Agreement with the City of Miami concerning a United States Department of Homeland Security's Office of Grants & Training OG&T , through the State of Florida Division of Emergency Management (DEM) sub -grant Agreement # 09DS-24-11-23-02-011, no county funding required, in the amount of $336,998.00, and authorization for the County Administrator to execute any other required documentation in relation to the application process. Contract Manager: Jose Tezanos (Name) for BOCC meeting on Oct 19, 2011 6325 _ 14 (Ext.) (Department/Stop #) kaenda Deadline: Oet 4, 2011 CONTRACT COSTS Total Dollar Value of Contract: $ 336,998.00 Current Year Portion: $ 336,998.00 Budgeted? Yes❑ No ® Account Codes: GE-0922-530340-13524-530490 Grant: $ 336,998.00 - - - - County Match: $ 0 -- - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Date In Needed viewer Division Director -, . > Yes❑ NoLj Risk Management Yes❑ No(�' .. O.M.B./TuDdasing tiyll Yes[:] No0 County Attorney `' � Yes ted ❑ No - y I� Comments: OMB Form Revised 2/27/01 MUY 42 Contract Number: 09DS-24-11-23-02-011 CFDA Number: 97,067 "MEMORANDUM OF AGREEMENT - Modification #1" URBAN AREA SECURITY INITIATIVE GRANT PROGRAM 2007 This Modification is made and entered into by and between the City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency"), and Monroe County, (the "Participating Agency") to reinstate and to modify the Sponsoring Agency's Memorandum of Agreement for the Urban Area Security Initiative ("UASI") Grant Program 2007, (the "Agreement"), Contract Number 09DS-24-11- 23-02-011. WHEREAS, the Sponsoring Agency and the Participating Agency have entered into the Agreement, pursuant to which the Sponsoring Agency has provided sub -grants to the Participating Agency; and WHEREAS, the Agreement expired on April 30'h, 2010; and WHEREAS, the Sponsoring Agency and the Participating Agency desire to reinstate and modify the Agreement by extending it. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated as though it had not expired. 2. Section Vill, Paragraph G, Period of Agreement, is hereby amended to have an expiration date of December 30'h, 2011 3. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 4. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out herein. BY: NAME & TITLE: DATE: SPONSORING AGENCY: City of Miami BY: NAME & TITLE: Johnny Martinez City Manager DATE': MONROE COUNTY D,AST ORNEY CYNTHIA L• °ALL i T OU TY (T ate.. "MEMORANDUM OF AGREEMENT - Modification #111- Monroe County URBAN AREA SECURITY INITIATIVE GRANT PROGRAM 2007 APPROVED AS TO INSURANCE REQUIREMENTS: Calvin Ellis, Interim Director Risk Management Division APPROVED AS TO FORM AND CORRECTNESS: Julie O. Bru City Attorney ATTEST: MEMORANDUM OF AGREEMENT FOR PARTICIPATING MIAMI UASI GRANT FY 2007 AGENCIES This Agreement is entered into this day of , 2008, by and between the City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency") and Monroe County, (the "Participating Agency") RECITALS WHEREAS, the U.S. Department of Homeland Security Office of Grants and Training (OG&T), is providing financial assistance to the Miami urban area in the amount $11,620,600 dollars through the Urban Area Security Initiative (UASI) Grant Program 2007; and WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program FY 2007; and WHEREAS, as the OG&T 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 2007 and involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and WHEREAS, the FY 2007 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. Opg nwt, adopted on <:NOO has authorized the City Manager to enter into this Agreement with each participating agency on behalf of the City of Miami; and Pal-e I of i WHEREAS, the Sponsoring Agency wishes to work with the participating 2gencies 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: A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies for activities under the UASI Grant Program FY 2007 which was made available by Office of Grants and Training (OG&T) and the State of Florida Division of Emergency Management (DEM). 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 2007 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. TIZ171A4t tf91561LI 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 Page 2 of 1 certification; and the collection, tracking, and reporting of incident information and 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 FY 2007. The UASI Grant Program Fiscal Year 2007 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; multi -agency coordination systems; unified command; training; identification and E. 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 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 OG&T. F. UASI Grant Program FY 2007. 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 FY 2007 was appropriated by U.S. Congress and is Page 3of10 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. 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. 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 OG&T. 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 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 1 H. Following grant agreement requirements and/or special conditions. 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. Developing sub -grants for municipalities within each county in accordance with UASI Grant Program FY 2007 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 all UASI Grant Program FY 2007 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, Page 5 of 1 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. I. Ensuring satisfactory progress toward the goals or objectives set forth in the grant application. J. Following UASI Grant Program FY 2007 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 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. 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 Page 6 of 10 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. 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 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 UASI Grant Program FY 2007 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, uirough 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. Page 7 of 1 Submit-•• 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. 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 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 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 April 30, 2010, 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 OG&T. ATTEST: Priscilla A. Thomps On I City Clerk Julie C) �U7 City Attorney THE CITY OF MIAMI, a municipal Corporation of the State of Florida lu Pedro G. NiiZndez City Manager APPROVED AS TO INSURANCE REQUIREMENTS: LeeAnn Brehm, Administrator ,[Risk Management Division Page 9 of 1 Name: - Danny L. Kolhage, Clerk Hm PARTICIPATING AGENCY BY: mzxm�W- W i vvvftofffs� TITLE: Mayor/Chairman 10/1572008 role] 0.410.4 =a 1011 aft4tc 0. 1 0 . 1 0 A a - a go JOHNNY MARI INI,/ Cily khmagur a 490 63"' Street Ocean, # 150 Marathon, FL 33050 MAINIC1, 1. KI NIP Fire Chief RE: Urban Area Security Initiative Grant Program 2007 — Memorandum of A,-_reement Monroe County Please find enclosed the rour oriainals of "Memorandum of Agreement Modification #1 - t) Monroe County" lor the Urban Area Security Initiative (UASI) Grant Prograrn 2007. This document will extend this contract period until December 30"', 2011. M Should you have any questions concerning this document, please contact me at (305) 416-5429 or via email kjordahl@rniamigov.com. A) F" 1.1c. am= Kristin M. Jordahl NIMM90 IN RX-31M N 1#10.7d I 1 11 DEPARTM 1151 N.W. 7"'Street /Miami, F1 33136 '(305) 575-5216