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Item C231 1 , AGENDA ITEM SUMMARY Meeting Date: Aug_15, 2012 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 #2 of Agreement with the City of Miami dated July 8, 2010 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 # 11DS-32-11-23-02-233 in the amount of $312,472.00, with no county funding required; and authorization for the County Administrator to execute any other required documentation in relation to the agreement. ITEM BACKGROUND: The United States Department of Homeland Security's Office of Grants & "Training (OG&T), through FDEM, has subgranted the Urban Area Security Initiative (UASI) Grant Program, FY 2009, to the City of Miami, Miami -Dade and Monroe Counties, and the City of Hialeah in the amount of $10,708,461.00. 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 $312,472.00 and it breaks down as follow: Monroe County Emergency Management $145,833.00 and Monroe County Sheriff's Office $166,639.00. PREVIOUS RELEVANT BOARD ACTION: The UASI FY05, FY06, UASI FY07, UASI FY08, and UASI FY09 were approved on the March 15, 2006, May 11, 2007, March 19, 2008, January 20, 2010, and January 19, 2011 BOCC meetings respectively. CONTRACT/AGREEMENT CHANGES: The original deadline is being extended from July 31, 2012 to January 31, 2013. STAFF RECOMMENDATIONS: Approve. TOTAL1 312,472.00 INDIRECT COST:BUDGETED: Yes N• DIFFERENTIAL OF LOCALPREFERENCE: N/A COST TO COUNTY:-`; 111 SOURCE OF FUNDS:. REVENUE PRODUCING- Yes No X A1MONTH Year APPROVED BY: County Aft,�AX 1111&urc(X'wiing X Risk Manaaement W�( DOCUMENTATION: Include, X Not, DISPOSITION: AGEN1 Revised 7/09 Contract with: City of Miami Contract #1 l-DS 32-11-23-02-233 Effective Date: October 1, 2009 Expiration Date: January 31, 2013 Contract Purpose/Description: Approval of Modification #2 of Agreement with the City. of Miami dated July 8, 2010 concerning a United States Department of Homeland Security's Office of Grants & Trainm (OG&T), through the State of Florida Division of Emergency Management (FDEM) sub- Agreement # 11 DS-32-11-23-02-233 in the amount of $312,472.00, with no county funding required; and authorization for the County Administrator to execute any other required documentation in relation to the agreement. Contract Manager: Jose Tezanos 6325 14 (Name) (Ext.) (Department/Stop #) for BOCC meeting on Aug 15, 2012 Agenda Deadline: Jul 31, 2012 �4 M z I I T-.TQ • Total Dollar Value of Contract: $ 312,472.00 Current Year Portion: $ 312,472-00 Budgeted? Yes[:] No Z Account Codes: 125-13530-GE1103- Grant: $ 312,472.00 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 ev r Division Director '-)-3J-/1—YesE1 Nor=i-�' Risk Management 7. 14Yes[:] Noa' 31- O.M.B./PurMasing Yes[-] NoEj - YesdF� No[E( 9-30 - County Attorney I )L Comments: This Modification is made and entered into by and between the City of Miami, amunicipal corporation ofand Monroe County, (tb "Participating Agency^)bzreinstate and tomodify the Sponsoring for the Urban Area Security Initiative ("UAS|'')Grant Program 2O09.(the ''Agreement").Contract Number 11DB-32-1 1- 23-02-233. 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 onJuly 31m`2O12; and WHEREAS, the Sponsoring Agency and the Participating Agency desire toreinstate and modify the Agreement byextending it. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree asfollows: 1.The Agreement hahereby reinstated amthough ithad not expired. 2.Section \8U Paragraph ��.Per�dofoishereby amended tohave anexpirationdabe Agreement, ofJ�nua�318t,2013. 3.All provisions not inconflict with this Modification remain infull force and effect, and are tobe performed atthe 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 ofthe last execution ofthis Modification byboth parties. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out herein. RECIPIENT: Monroe County BY: NAME &TITLE: P-M ki I W11 it Rv�� " � -*-, M40 UAIP 1 11 C Ivin Ellis, "Tfk�t& E !�I-M: iC I City Attorney ti l!riscilla A. I om n C14 ,C er Ci Clerk Monroe County Clerk This Agreement is entered into this day of _OOLL 201(\ by and between the City of Miami, a municipal corporation of the to of Florida, (the WHEREAS,Department of Homeland Security (USDHS) is providing financial assistance to the Miami urban area in the amount $10,708,461 dollars through OtION-9111un'-pVT M., 1, WROUM 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 2009 and involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and Dade and Monroe Counties, and the City of Hialeah, and anticipates sub -granting portion of the UASI funds in accordance with the grant requirements; and I WHEREAS, the City Commission, by Resolution No. adopted on S' - /0_, 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 2gencies through the Urban Area Working Group process to enhance Miami and its • •IM 11 �11 - . • A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies for activities under the UASI Grant Program 2009 which was made available by the U.S. Department of Homeland Security and the State of g3ff-�� A. The provisions of this Agreement apply to UASI Grant Program 2009 activities to be performed at the request of the federal gover nment, 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 ZZINT'", IIIIIIIIIIIII! JJJJrFfft= I1JIIIrJ:IJIJJ�JJI p1pq�J�pIIIII11111 !�11�11pql;1111! !!J1111p UN142IN11197,I&I 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. I 1I 3[117' I 1� I R � I I I I � 'I 1 I•i � I I I I jg- - • 711 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 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 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 bg 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 2009. This grant is being provided to address the uniqu�; 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 tht UASI Grant Program 2009 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. G. Urban Area. An urban area is limited to inclusion of jurisdictions contiguous to th'� core city and county/counties, or with which the core city or county/counties have established formal mutual aid agreements. 9TOM A. Providing an administrative department, which shall be the City of ITliami 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 ths- 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 kealth. E. Developing a comprehensive Urban Area Homeland Security Strategy and submit to the SAA POC. 11:1ililivir G. Ensuring satisfactory progress toward the goals or objectives set forth in the grant application. INMIN91 MITIRMRI! I I 1 1111 ZEMEMEM= 7-4,70 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 17MITOM B. Developing s ' ub-grants for municipaes within each county in accordance with UASI Grant Program 2009 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. Submifting monthly budget detail worksheets to the City of Miami on the progress of direct purchases of equipment or services. 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 M�� M 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. MM= I. Ensuring satisfactory progress toward the goals or objectives set forth in the grant application. J. Following UASI Grant Program 2009 agreement requirements and/or special IMMIFIRIIIIIIII'lgil Illy I III III III �� III iii III III III III iii 0 • That funding acquired and identified • the Urban Area Security Initiative will • 3WIM�� B. The Participating ••- will provide financial and performance -•• to tNz� sponsoring agency in a timely fashion. The Sponsoring Agency will prepart consolidated -•• for submission to the State of Florida. C. The Sponsoring '• is not responsible •' personnel salaries, benefits, worke compensation or time related issues of the Participating Agency personnel. I D. Sponsoring Agency and Participating Agency are subdivisions as defined in Secti 768.28, Florida Statutes, and each party agrees to be fully responsible for ti 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 9MMMAM =- 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 ip�111' 1111111111 :111111111 �l�� - MHEZVITXVI�—. —�#Tkjig 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 organ izatio n-wide financial and compliance audit report. The audit must be performed in accordance illi�ill�lill�ll�1:1:�l�ll�l�iiiI I! I III III I . . a 0 : MrAIMMISM B. The Secretary of Homeland Security and the Comptroller General of the, United •1�11111�11p� rem ff --M 14MIum General, these documents are related to the receipt or use of such assistance. Tfrt 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, 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 QlZ 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 C. This Agreement may be modified or amended only with the written agreement of rzy Wme El i - l- � 1. This Agreement may be terminated by either party on thirty (30) days written WIT M-1 I. 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 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. B Criscilla A. Thompso�_ City Clerk BY: Julie 0. City Attorney [420] Z 01 .00101#113-145M R 51MINJUI - i l. BY: L --I - -Tony E. J✓i'appr City Manager APPROVED AS TO INSURANCE REQUIREMENTS: BY- Gary,Re f 'Di�ector s : ey Risk Man g: nt "Monroe County" 70NAR Title: TITLE: 0- 1401 2014