Item C13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 16. 2009 /. Division: Emergency Services
Bulk Item: Yes X No Department: Emergency Management /
-
Staff Contact Person/Phone Jerry O'Cathey /
AGENDA ITEM WORDING: Approval of an agreement between the City of Miramar, a municipal
corporation of the State of Florida (the "Sponsoring Agency") and Monroe County (the Participating
Agency"). This funding is to provide the Monroe County CERT and Citizens Corp Program Planning
Training & Exercise as supported by the approved project worksheets in the amount of $35,000.00;
and authorization for the County Administration to execute any other required documentation
in relation to the application process.
ITEM BACKGROUND: This is a Grant Agreement between the united States Department of
Homeland Security (DHS) through the Office of Grants and Training (OG&T), which is providing
financial assistance to the Fort Lauderdale Urban Area through the FY 2008 Urban Area Security
Initiative (UASI) Grant Program in the amount of $6,191,025 and the Sponsoring Agency is the
coordinating agent for the Fort Lauderdale FY 2008 UASI Grant Program.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: It is apprOpria? accept the Sponsoring Agency Agreement.
A revenue cost center is requested from OMB.
TOTAL COST: NONE INDIRECT COST: BUDGETED: Yes - No-1L-
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DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: NONE SOURCE OF FUNDS: GRANT
REVENUE PRODUCING: Yes - No X AMOUNT PER MONTH - Year $35.000
~ ~
APPROVED BY: County Atty _ VChasing _Risk Management_
DOCUMENTATION: Included X NotRequired_
DISPOSITION: _.
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: City of Miramar " Contract #
-
Effective Datt!: 2009
Expiration Date: May 31,2011
Contract Purpose/Description:
Approval of an agreement between the City of Miramar, a municipal corporation of the
State of Florida (the "Spponsoring Agencyll) and Monroe County (the Participating
Agency"). This funding is to provide the Monroe County CERT and Citizens Corp
Program Planning Training & Exercise, A revenue cost center is requested form OMB.
Contract Manager: Jerry O'Cathey 6012 $35,000.00
'(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on September 16, Agenda Deadline:
2009
CONTRACT COSTS
/
Total Dollar Value of Contract: $ 35,000.00. Current Year Portion: $ 35,000.00
Budgeted? YesD No IZJ Account Codes: GE-_-_-_-_
Grant: $ 35,000.00./ - - - -
- - ---............ -.............. -
County Match: $ 0 - - - -
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- - - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $Qlyr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
ADat In Needed,
Division Director$ 31 oCj YesD Noa
Ri~Manage~ent ~-p.t:f; YesO Nof1"
.~ ~}.~
O.M.B./Purc as~g ~'"' lq", 0, YesD Noc9
County Attorney f21/a$.. YesD No~;td~~ ti)~
Comments: ~ b:dJ't'-~ ~ ~a1;~ ?Q}~ 8~ 0; /Il.l~a4-U:/___ .
MEMORANDUM OF AGREEMENT
FOR PARTICIPATING FORT LAUDERDALE UASI AGENCIES
This Agreement is entered into this day of ,209_,
by and between -the City of Miramar, a municipal corporation of the State of Florida (the
"Sponsoring Agency") and Monroe County (the "Participating Agency").
RECITALS
WHEREAS, The United States Department of Homeland Security (DHS),
through the Office of Grants and Training (OG&T), is providing financial assistance to
the Fort Lauderdale Urban Area through the FY 2008 Urban Area Security Initiative
(UASI) Grant Program in the amount $6,191,025; and
WHEREAS, the Sponsoring Agency is the coordinating agent for the Fort
Lauderdale FY 2008 UASI Grant Program; and
WHEREAS, the OG&T requires that the urban areas selected for funding take a
regional metropolitan area approach to the development and implementation of the FY
2008 UASI Grant Program and involve core cities, core counties, contiguous
jurisdictions, mutual aid partners and State agencies; and
WHEREAS, the Fort Lauderdale Urban Area has been defined as the City of
Miramar, City of Miami Gardens, City of Fort Lauderdale, City of Hollywood, City of
Pembroke Pines, City of Coral Springs, City of Sunrise, Broward County and Palm
Beach County; and the Fort Lauderdale Urban Area Working Group includes the
foregoing agencies as well as the Broward Sheriff's Office, the Palm Beach County
Sheriff's Office, the Miami-Dade County Police Department and the State
Administrative Agency, represented by the Florida Department of Law Enforcement;
and
WHEREAS, the City of Miramar anticipates that it will be subgranting a portion of
the funds to the cities and counties listed above, as well as to the Broward Sheriff's
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Office and the Palm Beach County Sheriff's Office, as members of the Fort Lauderdale
UASI in accordance with the FY 2008 UASI Grant Program; and
WHEREAS, the City Commission of the City of Miramar, by Resolution No.
09-97, adopted on February 18, 2009, has approved the execution of the Federally-
Funded Subgrant Agreement with the State of Florida, and has authorized the City
Manager to enter into this Agreement with each Participating Agency on behalf of the
City of Miramar; and
WHEREAS, the Sponsoring Agency wishes to work with the Participating
Agencies through the Urban Area Working Group process to enhance the ability of
Miramar and its surrounding jurisdictions to respond to a terrorist threat or act.
NOW THEREFORE, in consideration of the foregoing, the parties hereto agree
as follows:
I. PURPOSE
A. This Agreement delineates responsibilities of the Sponsoring Agency and the
Participating Agencies for activities under the FY 2008 Urban Areas Security
Initiative (UASI) Grant Program which was made available by the U.S. Department
of Homeland Security (DHS), through the Office of Grants and Training (OG& T)
and through the State of Florida Division of Emergency Management (OEM).
B. This Agreement serves as the Scope of Work between a Participating Agency and
the Sponsoring Agency.
II. SCOPE
A. The provisions of this Agreement apply to FY 2008 UASI activities to be performed
at the request of the Federal government, provided at the option of the Sponsoring
~.
Agency, and in conjunction with, in preparation for or in anticipation of, a major
disaster or emergency related to terrorism and/or weapons of mass destruction.
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B. No provision of 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.
B. The U.S. Department of Homeland Security (DHS), Office of Grants and Training,
Urban Areas Security Initiative (UASI) Grant Program (FY 2008). This program
reflects the intent of Congress and the Administration to enhance and quantify the
preparedness of the nation to combat terrorism. The UASI Grant Program is being
provided to address the unique equipment, training, planning, operational and
exercise needs of large high threat urban areas, and program activities must
involve coordination by the named cities and counties, and any which are
identified by the Urban Area Working Group and the respective State
Administrative Agency. Funding for the FY 2008 UASI Grant Program was
appropriated by the U.S. Congress and is authorized by Public Law 108-11, the
Emergency Wartime Supplemental Appropriations Act of 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.
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
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; and identification. According to current Homeland
Security Grant Program Guidance, awardees must meet the NIMS compliance
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requirements in order to receive preparedness funding. State, Territory, Tribal and
local governments are considered to be in full NIMS compliance if they have
adopted and/or have implemented the FY 2005 and FY 2006 compliance
activities, as described by the Federal Emergency Management Agency.
D. Urban Area Working Group (UAWG). The State Administrative Agency (SAA)
Point of Contact (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.
E. Urban Area. An urban area is limited to inclusion of jurisdictions contiguous to the
named cities and counties, or with which the named cities and 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 Miramar Police
Department, authorized to carry out the herein agreed upon responsibilities of the
Sponsoring Agency.
B. Coordinating with named cities and counties, with the respective State
Administrative Agency and With the OG&T.
C. Conducting a comprehensive Urban Area Assessment, which in turn will guide
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,
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governmental administrative, public safety communications, healthcare and public
health.
E. Developing a comprehensive Urban Area Homeland Security Strategy to be
submitted to the SAA 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
application.
H. Following grant agreement requirements and/or special conditions, including the
terms, conditions, certifications and other requirements contained in the Federally-
Funded Subgrant Agreement between the State of Florida, Division of Emergency
Management, and the City of Miramar, attached hereto as Exhibit "1" and hereby
incorporated by reference.
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 Miramar Police Department, authorized to carry out the
herein agreed upon responsibilities of the Participating Agency.
B. Developing subgrants for municipalities within each county in accordance with
UASI Grant Program FY 2008 requirements. Participating Agencies and
subgrantees must and hereby agree to comply with the requirements of the UASI
Grant Program FY 2007 and the terms, conditions, certifications and other
requirements contained in the Federally-Funded Subgrant Agreement between the
State of Florida, Division of Emergency Management, and )he City of Miramar,
attached hereto as Exhibit "1", including but not limited to budget authorizations,
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required accounting and reporting on fund usage, use of funds only for the
intended purpose and tracking of federally funded assets.
C. Submitting budget detail worksheets for direct purchases of equipment or services.
D. Participating as a member of the Urban Area Working Group to include
coordinating with and assisting the City of Miramar in conducting a comprehensive
Urban Area Assessment, which in turn will guide development of an Urban Area
Homeland Security Strategy.
E. 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, health care and public
health.
F. Assisting the City of Miramar in development of a comprehensive Urban Area
Homeland Security Strategy.
G. Complying with the requirements or statutory objectives of federal law.
H. Ensuring satisfactory progress toward the goals or objectives set forth in the grant
application.
I. Submitting required reports.
VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE:
A. That funding acquired and identified for the Urban Areas Security Initiative will be
administered solely by the Sponsoring Agency.
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B. The Participating Agencies will provide financial and performance reports to City of
Miramar in a timely fashion. The City of Miramar 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
Chapter 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.
E. The Participating Agency, Monroe County Board of County Commissioners, has
been allocated ji35.000.00 to be expended and reimbursed pursuant to the terms of
this Agreement. This sum is allocated to Monroe County Board of County
Commissioners for a regional project to fund planning, recruitment, training,
exercising, provision of supplies and equipment, and/or continuation of education for
the South Florida Citizen Corps Taskforce. This award is in addition to the sum
allocated to each jurisdiction comprising the Fort Lauderdale Urban Area for projects
benefiting each respective jurisdiction.
VII. FINANCIAL AGREEMENTS
A. Financial and Compliance Audit Report: Recipients that expend $500,000 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
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accordance with the U.S. General Accounting Office Government Auditing
Standards and OMS Circular A-133.
S. 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 FY
2008 UASI Homeland Security Grant Program 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 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. Categorical Assistance Progress Reports by the Sponsoring Agency, the
Participating Agency or by Subgrantees must be submitted 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.
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
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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 regarding the subject of this Agreement, 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 May 31, 2011, 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 with procedures, training
and equipment standards as prescribed by the OG& T.
H. Per Section (21), entitled "Lobbying Prohibition", of the Federally-Funded State
Grant Agreement, attached hereto as Exhibit "1", no funds or other resources
received from the Division in connection with this Agreement may be used directly
or indirectly to influence legislation or any other official action by the Florida
legislature or any state agency. The recipient certifies, by its signature to this
Agreement, that to the best of his or her knowledge and belief: (1) no federal
appropriated funds have been paid or will be paid, by or on behalf of the
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undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal Contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement and the
extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement; and (2) if any funds other than
Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this federal contract, grant, loan or
cooperative agreement, the undersigned shall complete Standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its instructions. The
undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants
and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly. This certification is a material
representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
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[ UASI - 2008 (Monroe County CERT) [
SPONSORING AGENCY
THE CITY OF MIRAMAR, a municipal
ATTEST: corporation of the State of Florida
BY:
Yvette McLeary Robert A. Payton
City Clerk City Manager
Approved as to form and legal sufficiency
for the use of and reliance by the City of
Miramar only:
City Attorney
Weiss Serota Helfman Pastoriza
Cole & Boniske, P.L.,
PARTICIPATING AGENCY
ATTEST:
BY:
Name: Name:
Title: Title:
APPROVED AS T FORM AND
CORRECTNESS:
Participating A ncy Attorney
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Page 11 001 I UAS! - 2008 (Monroe County CERT) I