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03/15/2006 MEMORANDUM OF AGREEMENT FOR PARTICIPATING MIAMI UASIIV AGENCIES This Agreement is entered into this /S!{ day of 4-uL , 2006, by and between the City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency") and Monroe County, a political subdivision of the State of Florida, (the "Participating Agency"). RECITALS WHEREAS, the U.S. Department of Homeland Security Office for Domestic Preparedness (ODP), is providing financial assistance to the Miami urban area in the amount $15,828,322 dollars through the FY 2005 Urban Area Security Initiative (UASI); and WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Project IV; and WHEREAS, as the ODP requires that the urban areas selected for funding take a regional metropolitan area approach to the development and implementation of the UASI Grant Project IV and involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and WHEREAS, the Urban Area has been defined as the City of Miami, Miami-Dade, Broward, and Monroe Counties; and WHEREAS, the City of Miami anticipates that it will be subgranting a portion of the funds to Miami-Dade, Broward, and Monroe Counties in accordance with the FY 2005 UASI Grant Project IV; and WHEREAS, the City Commission of the City of Miami, by Resolution No. R-05- 0629, adopted on November 3, 2005, has authorized the City Manager to enter into this Agreement with each participating agency on behalf of the City of Miami; and Page 1 of 10 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: I. PURPOSE A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies for activities under the FY 2005 UASI Grant Project IV which was made available by ODP and the State of Florida Division of Emergency Management (OEM). 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 FY 2005 UASI Grant Project IV 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 Page 2 of 10 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 Project IV (FY 2005). The Fiscal Year 2005 UASI Grant Project IV 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 paC) 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 ODP. F. UASI Grant Project IV. UASI Grant Project IV 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. Page 3 of 10 Funding for the FY 2005 UASI Grant Project IV 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 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 core counties, with the respective State Administrative Agency, and with the ODP. 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, governmental administrative, public safety communications, healthcare and public health. E. Developing a comprehensive Urban Area Homeland Security Strategy and submit to the SAA POCo F. Complying with the requirements or statutory objectives of federal law. Page 4 of 10 G. Ensuring satisfactory progress toward the goals or objectives set forth in the grant application. 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 subgrants for municipalities within each county in accordance with UASI Grant Project IV requirements. Participating Agencies and subgrantees 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 budget detail worksheets for direct purchases of equipment or services. D. Complying with all FY 2005 UASI Grant Project IV 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. Page 5 of 10 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 Project IV agreement requirements and/or special conditions. K. 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. 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 Page 6 of 10 sued by third parties in any manner arising out of this Agreement or any other contract. 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. 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 2005 UASI Grant Project IV 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. 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 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 February 28, 2007, unless otherwise extended, at which time the parties may agree to renew the association. Renewal will be based Page 8 of 10 on evaluation of the Sponsoring Agency's ability to conform to procedures, training and equipment standards as prescribed by the ODP. ATTEST: SPONSORING AGENCY THE CITY OF MIAMI, a municipal Corporation of the State of Florida . ~\ ! BY: Priscilla A. Tompson City Clerk Jci " Arriola Ci Manager APPROVED AS TO FORM AND CORR CTNESS: APPROVED AS TO INSURANCE REQUI REMENTS: \ " -; ~ " '""", .,' /- -~(J;J~.~ I /,;,' r.j~1istr;;Jt.Of Risk Management Division Page 9 of 10 .ly\\'I.';,,:: ,":~/j,~_ ", .c:'" '&1ft. ' Art."'""'!;,"";:, . ~ '. ..........: '> D.C. Name: Danny.;L. Kolhage, Clerk Deputy Clerk Title: PARTICIPATING AGENCY MONROE COUNTY, a political subdivision of the State of Florida BY: NAME: Charles TITLE: Mayor/Chairman APPROVED AS TO FORM AND CORRECTNESS: ~~ aJ{~-#,jJ Participating Agency Attorney 3: ~ -n c = r:= 0 ;;> - % 2: m ;;on"" 0 0,-% :z: 'T1 "':;x-< N 0 ("'). r ..... ::0 00' c::-;:r; ::n 20;00 :00 -t (J r- :x M :1" n -<-I - t:P. C) . . l> "Tl c> :xl r ,." Ul 0 l> \D Page 10 of 10 Contract Number: 06DS-4H-11-23-02-,::I /j CFDA Number: 97.067 FEDERALLY-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and the City of Miami, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS A WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B WHEREAS, the Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin June 1, 2005, and shall end February 28, 2007, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. 1 (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes whicti are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORD KEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal ACommon Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMS Circular No. A-11 0, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organi~ations," and either OMS Circular No A-87, "Cost Principles for State and Local Governments," OMS Circular No. A-21, "Cost Principles for Educational Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 2 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p,m" local time, on Monday through Friday, "Agents" shall include, but not be limited to, auditors retained by the Department. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a,m, to 5:00 p,m" local time, Monday through Friday, (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised, EXHIBIT 1 to this Agreement 3 indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipieht expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directlv to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Bureau of Preparedness and Response 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 4 The Federal Audit Clearinghouse designated in OMS Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2). OMS Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Sureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), OMS Circular A-133, as revised. m Pursuant to Section .320 (I), OMS Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMS Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Soulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Management Grants Administration Unit 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMS Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the rep6rting package was delivered to the Recipient in correspondence accompanying the reporting package. 5 (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. U) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a pUblic accountant licensed under Chapter 473, Fla Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department no later than seven (7) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide the Department with semi-annual reports, and with a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by the Department. (b) Semi-annual reports are due to be received by the Department no later than 30 days after the end of each period of the program year and shall continue to be submitted each period until submission of the administrative close-out report. The ending date for the period of the program year is December 31. (c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance with the Budget and Scope of Work. 6 (e) The Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall provide additional reports and information as identified in Attachment D. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold the Department harmless against all claims of whatever nature by third 7 parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla Stat., agrees to be fully responsible to the extent provided by Section 76828 Fla Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies 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 matter arising out of any contract. (10) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 8 (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES. Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein; (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Department any funds Which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) The pursuit of anyone of the above remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the 9 Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. (12) TERMINATION. (a) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Department may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as eVidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. 10 (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Dianne Smith, Financial Specialist Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 413-9966 Fax: (850) 488-7842 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Joseph Fernandez City of Miami 1151 NW7" Street ' Miami, Florida 33136 Telephone: 305-416-5414 Fax: 305-400-5031 Email: jrfernandez@ci.miami.fl.us (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Department for review and approval prior to execution of the subcontract by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (Iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient. 11 For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A:- Budget and Scope of Work Attachment B - Program Statutes and Regulations Attachment C - Justification of Advance Attachment D - Warranties and Representations Attachment E - Certification Regarding Debarment Attachment F - Assurances (17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $15,828,322 subject to the availability of funds (b) Any advance payment under this Agreement is subject to Section 216.181(16), FlaStat. and is contingent upon the Recipient's acceptance of the rights of the Department under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of ihe contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A- 122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the 12 budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. >< No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, all obligations on the part of the Department to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Department. (18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($1500) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue 13 the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this. Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not Invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seQ.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 14 (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (h) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connedion with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 15 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Department prior to the Recipient entering into a contract with any prospective subcontractor. (i) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. U) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (k) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (I) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. 16 (n) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 USC Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")] The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department (21) LOBBYING PROHIBITION (a) No funds or other resources received from the Department 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. (b) 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 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 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 and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17 3. 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 failur",. (22) COPYRIGHT. PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECT/ON WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State Of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. 18 (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know.could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such , property exists The Department shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (23) LEGAL AUTHORIZATION. The Recipient certifies with respect to. this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (24) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment F. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recioient CITY OF MIAMI ../ BY C~ ih~ Name and title: Joe Arriola, Ci ty Manager Date: FID# 59-6000375 STATE OF FL02)A DEPARTMENT OF COMMUNITY AFFAIRS BY: ^A~ ........ '-" '-" '-J Name and Title:.W. Craiq FU7te. Director of Emerqencv Manaqement Date I / df0 0 L l I 19 f~ ATTEST APPROVED AS TO FORM AND CORRECTNESS: APPROVED AS TO INSURANCE REQUIREMENTS: ~~~-~ Dania F. Carrillo Administrator Risk Management 19(a) EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program Department of Homeland Security, Office of Domestic Preparedness CFDA # 97067 $15,828,322 NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: N/A 1. Recipient is to perform eligible activities as identified in the Office for Domestic Preparedness Fiscal Year 2005 Urban, Area Security Initiative (UASI) Grant Program, consistent with the Department of Homeland Security State Strategy and the Urban Area Strategy 2. Recipient is subject to all administrative and financial requirements or will be in violation with the terms of the agreement. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply with a specific law(s}, rule(s}, or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE. Section :400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 20 c~I.;~ \. A ., Budget Detail Worksheet #048 - Eligible Activities - 'It u .. Gl Quantit .. ->> E .. e Gl Gl Allowable Plannmg Costs y Umt Cost Total Cost u 1L!t: ~ Public EducationJOutreach Sroad-based community education, information & awareness 290 program to compliment other established Area-wide programs 1 $95,748 $95,748 Establish, enhance, or evaluate Citizen Corps-related volunteer proqrams 353 CERT - continuation of Miami Program for two years 1 $175,000 $175,000 445 Medical Reserve Corps 1 $124,826 $124,826 Hirinq of full or part-time staff or contractors/consultants to assist with plannina activities Emergency Management Coordinator- to coordinate UASJ Core City integration and EGC Ops, 2 years @ 70Klyear + 37% 360 benefit cost: at $8000/month: prorate for 18 months 1 $144,000 $144,000 Includes continued RDSTF Support to work groups, planning to support urban area strategy implementation, comprehensive emergency management planning, assessments, and support to regional jurisdictions with workshops and templates for 300 various plans. 1 $1,271,000 $1,271,000 422 COOP Proj~cl residual 1 $16,224 $16,224 'It u .. Gl >> Allowable Orgamzational Activities (lim.ted to Quant.t .. -- Gl E .. el<: Gl 25% of the total UASI award) Umt Cost Total Cost U 11._ ~ Y Hiring of contractors/consultants for participation in informationJintelligence analysis and sharing roups or intelli ence fusion center activities .. <J .. Gl >> Quant.t .. -Gl E .. e~ Ql Allowable Training Costs Unit Cost Total Cost U 11._ ~ Y Overtime and backfill funding for emergency preparedness and response personnel attending OOP. sponsored and approved traininQ classes. t>.1 351 Training j backfill Overtime to train 1,600 in NIMS 1,600 $ 169 $270,000 Backfill Overtime to train Law Enforcement Officers on School b.6 350 response 1 $ 250,000 $250,000 new 424 Overtime and Backfill and Training 1 $ 395,040 $395,040 Training: Instructor overtime and personnel backfill salaries to 365 meet the requirements of NIMS training 1 $1,034,000 $1,034,000 346 Overtime for training and back-fill personnel 1 $ 101,250 $101,250 Training Workshops and Conferences t>.6 342 Training costs for HLS CAM 1 $ 54,750 $54,750 md4 473 Apple/MAC Forensic Training (2) 2 $ 4,000 $8,000 md.4 477 Encase Intermediate Training (Includes Travel) (4) 4 $ 3,000 $12,000 b.6 339 Books, materials for training 1 $ 50,000 $50,000 md.4 480 Intrusion Detection Training (4) 4 $ 3,500 $14,000 Specialized Forensic Network Sniffer Training (Includes Travel) md.4 484 (5) 5 $ . 3,000 $15,000 md.4 486 Gyber Incident Response Training (5) 5 $ 3,500 $17,500 Miami Urban Area Initiative 2005 Budget Detail Worksheet #048 - Eligible Activities AV equipment fC?r unit training (laptops and PowerPoinl projectors) (25 uniJs) Miami Urban Area Initiative 2005 $80,000 Budget Detail Worksheet #048 - Eligible Activities Full or Part-Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support training related activities. Cost for specialized training to enhance current operational response capabilities (travel, matenals"..) to maintain Level A b 41 337 operations 1 $ 40,000 $40,000 b.6 340 Contractor to assist in project effort 1 $ 50,000 $50,000 Continuation of the University of Miami Emergency Response Training program classes for hands-on CBRNE response skill 295 development ($350KJ 1 $ 350,000 $350,000 'It U .. II> -' -"" E Quantlt .. E .. II> Allowable Exercise Costs Unit Cost Tolal Cost U <1.~ = Y ..111 Full or Part-Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support exercise-refated activities. Contractor support for Regional exercise program, includes $50K for support to State ExerCise Program. .-- $674,620 U 'It II> '- "" CQ e Q) U<1.~ 'It E ~ Allowable Maintain & Sustain Equipment Quantil y Unit Cost Total Cost Maintenance and sustainment of ODP approved equipment and 364 interoperability items Annual equipment maintenance and calibration expenses for 330 WMO monitors $ 60,000 $60,000 $ 10,000 $10,000 Includes sustainment of GOP-funded equipment for first responders in the Miami Urban Area to maintain equipment, calibration, replacement of consumables and to assure operational readiness for all teams; State Lab equipment to enhance the capabilities of the Miami-Dade pubric Health Laboratory for CBRNE incidents; and contractor suPpo.rt for 296 equipment selection. $ 430,000 $430,000 .. U 'It II> - 0- >- E Quantll ra e ~ .. EligIble Equipment AcquiSition Costs Unit Cost Total Cost U<1.~ = Y Personal protective equipment 1 b.4.3 345 ISI Viking Stealth SCSA (Breathing Units) (15' units) 15 $ 5,478 $ 82,163 1 b.5 310 PPE Ty'ek BR Level C Proteclive Suiles (18) 18 $ 80 $ 1,440 1 b.5 311 Portable GlObal Positioning Satellite (GPS) System (3) 3 $ 500 $ 1,500 ". 1 b.5 312 3Smm Camera Protective Housing (6) 6 $ 275 $ 1,650 1 b.5 315 Label Maker and Supplies (3) 3 $ 840 $ 2,520 1 b.5 320 10 x 20 ~t Pop Up Enclosed Tents (command posts) (3) 3 $ 1,000 $ 3,000 1 b,5 321 Digital 35mm camera. 8 Megapixe\ (3 units) 3 $ 1,000 $ 3,000 1 b5 323 Mini.OV Camcorder (3) 3 $ 1,200 $ 3,600 495 HardwarefSoftware Maintenance/Upgrades (Recurring Cost) (1) $ 25,000 $25,000 Miami Urban Area Initiative 2005 Budget Detail Worksheet #048 - Eligible Activities 1 b5 328 SC8A Encaps'ulated Level 8 Tyvek 8R Suits (18 units) X TWO 2 $ 3)40 $ 6,480 1 b5 332 Flexible Fiberscope with Video Recorder (3) 3 $ 6,100 $ 18,300 1 b.5 338 SC8A Air Pack Units (12 units) 12 $ 4,000 $ 48,000 1 m.4 372 Air bag escape device: Response asset. Est. with trailer 7SK 1 $ 75,000 $ 75,000 1 m4 377 High Visibility Reflective Vests:160@ $25 160 $ 25 $ 4,000 1 m.4 379 Standard Shoulder Split Leather Palm Gloves. 200 @ $3 200 $ 3 $ 600 new to 1 '05 352 Escape mask for self.rescue for GA nla nla $ 40,000 Explosive device mitiqation and remediation equipment 2 md.3 479 LV8 (Large Vehicle 80mb) System (2@$6K) 2 $ 6,000 $ 12,000 2 md.3 482 Fiber Optic Scopes for MDPD 80mb Squad (2 @ $7,500) 2 $ 7,500 $ 15,000 2 md.3 483 Gander System (2 @ $7500) 2 $ 7,500 $ 15,000 Large Vehicle. Hock.and Line Kits for MDPD Bomb Squad (2@ 2 md.3 487 $10K) 2 $ 10,000 $ 20,000 2 md_3 491 EPIC LOGOS X-Ray System (1) . 1 $ 24,000 $ 24,000 2 md.3 492 Hazardous Material Meters 2 @ $6K) 2 $ 12,000 $ 24,000 2 md.3 493 Radiological Detection Equipment (2 @ $6K) 2 $ 12,000 $ 24,000 2 md.3 499 80mb Suits (2@ $20K) 2 $ 20,000 $ 40,000 2 md.3 501 Explosives Detection Meters (2@ $12,000) 2 $ 30,000 $ 60,000 Forkbot. a large remote-controlled forklift that is capable of 2 md3 505 towing and lifting large vehicles, vessels, and containers (1) 1 $ 437,000 $ 437,000 3 m.4 375 Ught Tower- pull behind/self contained power 1 $ 15,000 $ 15,000 3 m.4 376 Trailer for Front End Loader 1 $ 8,000 $ 8,000 3 md.4 450 Transportation Cart/Dolly (2) 2 $ 200 $ 400 3 md,4 451 Serial-ATA DriveLock Kit (2) 2 $ 350 $ 700 3 md.4 452 SMART for Linux (1) 1 $ 700 $ 700 3 md.4 453 USB/Firewire Write Btockers (4) 4 $ 200 $ 800 3 mdA 456 Equipment Flight Cases (5) 5 $ 300 $ 1,500 3 md.4 457 Firefly 800 Write blockers (10) 10 $ 150 $ 1,500 3 md.4 458 High Res Digllal Camera (1) 1 $ 1,500 $ 1,5QO 3 md.4 460 Cell Seizure Kit (2) 2 $ 1,000 $ 2,000 3 md.4 461 Stego Suite (1) 1 $ 2,000 $ 2,000 CBRNE operational search and rescue equipment Miami Urban Area Initiative 2005 Budget Detail Worksheet #048 - Eligible Activities 3 mdA 462 Prinlers . (2) miniature (4) Photo (6) 6 $ 350 $ 2,100 3 md.4 463 External Data Storage (4) 4 $ 600 $ 2,400 3 mdA 464 VoomTech Shadow Drive (Slave Config) (2) 2 $ 1,300 $ 2,600 3 mdA 465 Access Data Ultimate Took. Kits (2) 2 $ 1,500 $ 3,000 3 mdA 466 Mobile Laboratory Vehicle Maintenance (Reoccurring Costs) (1) 1 $ 3,000 $ 3,000 3 mdA 467 Welstone Network Forensic Sensor (1) 1 $ 3,500 $ 3,500 3 md.4 468 Gargoyle ForenSIc Pro (5) 5 $ 800 $ , 4,000 3 mdA 469 1 Apple MAC G5 (Apple/MAC Forensic Applications) . 1 $ 6,000 $ 6,000 3 md4 470 Image MASSter Solo 2 Portable Forensic Kit (2) 2 $ 3,000 $ 6,000 3 md.4 471 FIM Module Training (2) 2 $ 3,500 $ 7,000 3 md.4 472 Laptop compulers ~ On.scene administrative databases (20 20 $ 350 $ 7,000 Internal ?elVer Storage Space (for data analysis) 4 Terabytes 3 md.4 474 (4) 4 $ 2:000 $ 8,000 3 md.4 476 Aircards with Service - Onsile internet capability (4) 4 $ 2,020 $ 8,080 3 md.4 478 Laptop Computer (For Data SniftersH2) 2 $ 6,000 $ 12,000 Encase Field Intelligence Module (FIM) w/additional Enterprise 3 md,4 481 Certificates) (1) 1 $ 15,000 $ 15,000 3 mdA 488 Logicube Portable Forensic Kits (5) 5 $ 4,000 $ 20,000 3 md4 489 RoadMASSter II Portable Forensic Lab (2) 2 $ 10,000 $ 20,000 3 md.4 490 Wireless Intrusion Detection System (1) 1 $ 20,000 $ 20,000 3 md.4 496 Response and Identification Equipment 1 $ 27,980 $ 27,980 3 md.4 497 Digital Intelligence Mobile Forensic'Workstation (4) 4 $ 8,000 $ 32,000 3 mdA 500 Intrusion Detection Devices (2) 3 $ 16,667 $ 50,000 . 3 mdA 503 Network Data Sniffers/Monitors (2) , 3 $ 33,333 $ 100,000 Customize Van JBus Mobile Laboratory (Capable of housing (4) 3 mdA 504 mobile examination stations) (1) 2 $ 75,000 $ 150,000 Information technoloQY HazMat Tier II Data Response & Management System to integrate & provide access to Tier II data on infrastructure in the Region; compliments other data source information for CBRNE 4 a.3 294 intelligence and response 1 $ 310,400 $310,400 Cyber security enhancement equipment new to Improve Network security/encryption and detection on intrusion 5 '05 367 for city network infrastructure. 1 $ 248,230 $ 248,230 Miami Urban Area Initiative 2005 '~ Budget Detail Worksheet #048 - Eligible Activities Interoperable communications equir men! EGC & Interoperable Communications Enhancements between EOC and Airport and Port Everglades. 6 b.3 348 1 $ 169,000 $ 169,000 AM Radio enhancement, additional transmitter-phase in and add finallransmitler for saturation & for maintain and sustain 6 m.1 357 eXIsting: $30K 1 $ 30,000 $ 30,000 High volume credentialing system with portability and photo capability; 3 or 4 setups and also pre print some credentials for 6 mA 363 impromptu scenes 1 $ 30,000 $ 30,000 ELMO: EV-2000AF Visual Presenter wI Swivel Head Camera 12x Optical Zoom, Built.ln Lighting & Wireless Remote Control; 6 m5 354 Mfr #9430 87H #ElEV2000AF; www.bhphotovidea,com 1 $ 1,500 $ 1,500 Blackberry Miami EM and City continued and expanded to 20 6 m,5 355 more units @ $200 20 $ 200 $ 4,000 EOC weather system, (investigate Capricorn/Pegasus Weather System- w-,v...y.COlumbiaweatheLcom, vehicle mount, station 6 m,5 356 mount and portable systems or any better solution. 1 $ 5,000 $ 5,000 Maintain & Sustain Blackberries @$600/yrfor 100 units (or 2 6 m.5 359 years; sustain current ($80K); new above ($12K) 2 $ 46,000 $ 92,000 EOC security, video surveillance, access card system, cyber . 6 m.5 361 securityl Infrastructure protection 1 $ 150,000 $ 150,000 EOC audio, video and interop-com, video conf, equip 6 m.5 362 enhancements 1 $ 250,000 $ 250,000 6 md,1 433 Emergency Satellite Communications Telephones (4 units) 4 $ 975 $ 3,900 Emergency Management Support and Efficiency Program (20 6 md.1 434 two.way wireless communications devices such as blackberries) 20 $ 350 $ 7,000 6. mo.1 509 Accessories & Parts 1 $ 6,360 $ 6,360 6 mO.1 510 Shelter Site Generator 1 $ 50,000 $ 50,000 6 mo.1 511 Tea Table three channel loR Site Equipment 1 $ 100,000 $ 100,000 Transportable Radio Interconnect System (10 Channel back-up 6 new 425 radio system) . 1 $ 774,576 $ 774,576 new to 6 '05 366 Automatic Vehicle Locator mapping equipment 1 $ 392,526 $ 392,526 . Detection Equipment Multi Rae Calibration Kit required for equipment sustainment (4 7 bA.1 308 units) 4 $ 248 $ 992 Ludlum Survey Meters, Model 48-1611 for dirty bomb/rad scene 7 b.4.1 322 monitoring (4 units) 4 $ 750 $ 3,000 Multi Rae Gas Monitoring (02,C02,H2S,LEL) PID Lamp, Pump, 7 b.4.1 331 Data lo'g (4 units) 4 $ 2,839 $ 11,356 7 bA1 335 APO 2000 Monitor (FIO Monitor for WMD Events) (4 units) 4 $ 9,750 $ 39,000 7 bA.1 343 AP2C Monitor (PID Monitor for WMD Events) (4 units) 4 $ 17,000 $ 68,000 7 m.4 378 Rain Gear PVC Polyester 3 pieces: 80 @ $15 80 $ 15 $ 1,200 ] Miami Urban Area Initiative 2005 Budget Detail Worksheet #048 - Eligible Activities CBRNE incident response vehicles , JIC Trailer ($88K) to provide a public information command post 12 3:1 289 10 compliment incident command and provide public information 1 $ 88,000 $88,000 Fold-Up Steel Work Table. BFSWT 12 b.4,2 302 1 $ 248 $248 Chassis Parts & Service Manual ~ BFLMAN 12 b.42 303 1 $ 446 $446 Installation / prep of customer supplied light bar. BILS 12 b.4,2 304 1 $ 496 $496 Installation I prep of customer supplied radio and antenna. 12 b.4,2 305 BIRA 1 $ 496 $496 Set of (2) Aluminum Rescue Ramps - 8RR2 12 b,42 306 2 $ 298 $595 Roof Mounted Remote Control Spotlight - BRCS 12 b.42 307 1 $ 987 $987 Seat Belts for Rear Bench Seats (11) - B~BSB 12 b.42 309 11 $ 122 $1,339 Whelen Edge light Bar (installed) - BWELB 12 b.4.2, 313 1 $ 2.247 $2,247 Back Up Camera and Monitor. BBU 12 b.4.2, 314 1 $ 2,250 $2,250 , Set of (2) BallIStic Skip Round Shields. BBSRS2 12 b.4,2, 316 . 2 $ 1,390 $2,779 Intercom System; outside to inside - BINT 12 b.4 2, 317 1 $ 2,800 $2,800 Ludlum Scintillators, Model 44-98 for stand off radiation 12 b4.2, 318 monitoring (4 units) 4 $ 700 $2,800 12 b.4 2, 319 Custom Paint Job (2 tone). SPJ 1 $ 2,990 $2,990 12 b.4.2, 324 Explosive Gas Detection System. BORG 1 $ 4,962 $4,962 12 b42 325 Radiation Detection Package - BRAD 1 $ 4,962 $4,962 12 b4.2. 326 Rotating Roof Hatch w/Gun port. BTUR 1 $ 4,975 $4,975 . 12 b4.2, 327 Run Flat Tires (set of 6) . BRF6 6 $ 993 $5,955 12 b4.2 336 4 WO, four wheel drive option. 84WD70 1 $ 39,600 $39,600 12 b4.2. 349 Vehicle. Lenco B.E.A.R. to include Kodiak Pkg 1 $ 207,075 $207,075 12 m4 368 HazMat WMD Decon Trailer Packages 1 $ 210,000 $210,000 12 m.4 370 Front End Loader Model John Deer JRB 624H: 1 @ $95,000 1 $ 95,000 $95,000 Contribution towards Data Fusion (Intelligence and data mining program to provide high level data collection Area.wide); 13 a6 299 housed at the Region 7 FDLE offices 1 $ 1,200,000 $1,200,000 Continue the support and operation 01 the Terrorism Early 13 301 Warning Program (Counter Terrorism Unil) 1 $614,429 Terrorism incident prevention equipment Miami Urban Area Initiative 2005 Budget Detail Worksheet #048 - Eligible Activities , Physical security enhancement equipment 14 b.2 329 Garmin GPS (40 unils) 40 $ 200 $8,000 14 b,2 333 Sony Digital Cameras (40 units) 40 $ 500 $20,000 Notebook Computers including docking stations, OVO burners 14 b.2 347 and Cases (40 units) 40 $ 2,900 $116,000 Secure perimeter of Training Center (hard fence with electric . 14 m2 371 gate( card controlled} 1 $ 75,000 $ 75,000 14 m2 373 Video surveillance system ex.terlorfin\erior 1 $ 30,000 $ 30,000 14 m2 374 Install KeyJCard entry security system at Training Center 1 $ 21,950 $ 21,950 14 m.2 426 "Do Not Enter" signs 30"x30": 20 @ $88 20 $ 88 $ 1,760 14 m.2 427 Traffic cones: 200@ $18 200 $ 18 $ 3,600 . 14 m2 428 "Stop" signs 30"x30": 50 @ $88 50 $ 88 $ 4,400 14 m.2 429 Concrete sign bases. 70@$125 70 $ 125 $ 8,750 14 m.2 430 InstaIJ neW Emergency Generators 1 $ 50,000 $ 50,000 Seaport: wireless hand hetd devices to provide for che~k1ng of 14 md.5 436 securlty Ids any.vhere on the Port 24/7 (1) 1 $ 15,000 $ 15,000 Seaport undercarriage mirrors for inspectlng cars and trucks 14 md.5 454 (12) 12 $ 95 $ 1,140 14 md5 455 Seaport: Meta! detector hand wands (12) 12 $ 115 $ 1,380 Seaport: Protectl\Je 91oIJe5 rated to protect against haz:ardcus 14 md5 459 materials (100) . 100 $ 15 $ 1,500 14 md.5 475 Seaport: Traffic cones (50) 50 $ 160 $ 8,000 14 md.5 485 Seaport: Barricades (38) 38 $ 450 $ 17,100 Seaport: GEM carts, suHiciently small and maneuverable' to moye security officers quickly along the slringpiece wharf-area 14 md.5 494 (3) 3 $ 8,000 $ 24,000 md.5 Seaport:- wireless hand held devices to provide for checking of $37,500 security Ids anywhere on the Port 2417 (15) 14 498 15 $ 2,500 Seaport: Mobile devices with imbedded wireless mechanism for use in vehicles or in buildings to allow for nalional background 14 md.S 502 checks (20) 20 $ 4,500 $90,000 Mosq Control: Barrier security gate: tamper resistance fasteners, maximum corrosion resistant; 1/2 hydraulic powered automatic motor. Card reader ir\ metal housing with intercom fOf 14 md.6 gate operation 1 $ 45,500 $45,500 . Mosq. Co.,ntrol: Surveillance color camera with transmitter on board to be installed outside the building and property entrance; waler resistant. surrounding lens for darkness, range of 1 ,000 14 md.6 506 meters; incfude receiver 1 $ 7,500 $7,500 Mosq. Control: Wireless security system for hangar and main building: built in control panel, keypad, graphic LCD display; siren alarm; back.up battery for a minimum of 4 hours; message 14 md.6 507 to private phones 1 $ 13,000 $13,000 Miami Urban Area Initiative 2005 Budget Detail Worksheet #048 - Eligible Activities Mosq. Control: Security perimeter fence: 2,100 ft. iron material spear tipped pale fence; maximum corrosion resistant; pointed 14 md6 508 rail security spikes betvYeen pales to prevent climbing $ 27,300 $27,300 Winson Water Plant: Installation of sensors/detectors 14 md.7 432 throughout the facility $ 3,000 $3,000 14 md.7 435 Winson Water Plant: Installation of siX" (6) security cameras 6 $ 2,000 $12,000 Norwood Water Plant: Purchasing of laboratory analytical 14 md 7 438 equipment for water toxicity testing $ 30,000 $30,000 Winson Water Plant: Well area protection: Fencing at 6 remote 14 md.7 442 locations for well protection wi remote sensing equipment 6 $ 14,167 $85,000 Norwood Water Plant: Installation of remote water quality equipment for instantaneous monitoring of pH, chlorine residual, 14 md,7 447 and conductivity within the water distribution system $ 200,000 $200,000 Winson Waler Plant: Protective coverings for the 14 md.7 448 accelator/filters/ Aerator $ 200,000 $200,000 new to SUl\leillance, protection, and monitoring systems for critical 14 '05 369 facilities (fire stations and WMD equipment storage facility) $ 112,000 $112,000 14 b.6 341 Video Equipmertt for project $50,000 CBRNE logistical support equipment Thermal Image & Color Camera with Flat Screen Color Monitor 16 b4.2 334 8TI $ 28,500 $28,500 16 mA 380 Black Latex Over boots: 200 @ $3 200 $ 3 $600 16 m.8 423 Skywatch Observation Platform $ 98,000 $98,000 16 md.1 437 Telephone Equipment $ 19,600 $19,600 16 md.l 439 Satellite Equipment $ 50,000 $50,000 16 md,1 440 Audio-visual Equipment $ 72,000 $72,000 16 md1 441 Radios $ 75,000 $75,000 16 md.1 443 Data Equipment $ 89,000 $89,000 16 md.1 444 Furniture, cabinetry $ 119,300 $119,300 16 md.1 446 Misc. (generators, UPS, antennas, wiring, parts and supplies $ 196,400 $196,400 16 md.1 449 Vehicle and trailer $ 949,800 $949,800 "" '" :.:: '* U '" ..; 0' .. ~ U ll. .. E Quantit ~ Eligible Management and Administration Costs y Unit Cost Total Cost Hirin of full-time or part.time staff or contractors/consultants Provide overall management of the Miami UASI grant, project planning and monitoring, Area-wide management & administrative items, and City of Miami Indirect Cost percent 293 applied to identified full.time employee salaries $ 192,300 $192,300 Miami Urban Area Initiative 2005 Budget Detail Worksheet #048 - Eligible Activities Total Miami Area UASI Grant 2005 Miami Urban Area Initiative 2005 $15,828,322 B. Scope of Work Funding is provided to perform eligible activities as identified in the Office for Domestic Preparedness Fiscal Year 2005 Urban Area Security Initiative (UASI) Grant Program, consistent with the Department of Homeland Security State Strategy and the Urban Area Strategy. Eligible activities are outlined in the Scope of Work for each category below: I. Categories and Eligible Activities 048. Urban Area Security Initiative FY2005 UASI allowable costs are divided into the following categories: planning, organization, equipment. training and exercises. In addition, management and administration costs are also allowable, as are certain operational costs. Each category's allowable costs have been listed in more detail in the "Budget Detail Worksheet" above. A. Planning Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following: . Costs associated with implementing and adopting HSPD.8 initiatives . Costs associated with implementing and adopting NIMS . Costs associated with modifying existing incident management and EOPs to ensure proper alignment with the NRP coordinating structures, processes, and . Establishing or enhancing mutual aid agreements . Developing communications and interoperability protocols and solutions . Conducting local, regional, and tribal program implementation meetings . Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIC . Designing state and local geospatiar data systems . Developing related critical infrastructure terrorism prevention activities including: o Planning to enhance security during heightened alerts, during terrorist incidents, and/or during mitigation and recovery o Public information/education: printed and electronic materials, public service announcements, seminars/town hall meetings, web postings coordinated through local Citizen Corps Councils o Citizen Corps activities in communities surrounding critical infrastructure sites, including Neighborhood Watch, VIPS, and other opportunities for citizen participation o Evaluating CIP security equipment andlor personnel requirements to protect and secure sites o CIP cost assessments, including resources (financial, personnel, etc.) required for security enhancements/deployments. Developing and enhancing plans and protocols, including but not limi.ted to: . Developing or enhancing EOPs and operating procedures . Developing terrorism prevention/deterrence plans . Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and implementation' of State or Urban Area Homeland Security Strategies . Developing or enhancing border security plans . Developing or enhancing cyber security plans . Developing or enhancing cyber risk mitigation plans . Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans . Developing publidprivate sector partnership emergency response, assessment, and resource sharing plans . Developing or updating local or regional communications plans . Developing plans to support and assist special needs jurisdictions, such as port authorities and rail and mass transit agencies . Developing or enhC:'ncing continuity of operations and continuity of government plans, . Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate federal assets provided under the NRP. Developing or conducting assessments, including but not limited to: . Conducting point vulnerability assessments at critical infrastructure siteslkey assets and develop remediation/security plans . Conducting cyber risk and vulnerability assessments . Conducting assessments and exercises of existing catastrophic incident response and recovery plans and capabilities to identify critical gaps that cannot be met by existing local and state resources . Activities which directly support the identification of speCific catastrophic incident priority response and recovery projected needs . Activities which directly support the identification and advance preparation of pre-designated temporary housing sites; for example: o Conducting assessments and studies to identify qualified candidate sites o Obtaining accurate site surveys and existing utility information 26 o Coordinating zoning requirements and necessary penn its and/or waivers o Coordinating environmental impact requirements related to a selected site o Coordinating historic preservation requirements related to a selected site. Other eligible planning activities are listed in the "Budget Detail Worksheet" above. B. Operational Activities No more than 25% of the gross amount of the UASI award may be used for operational expenses and overtime costs for the operational activities noted below. These funds may be used for the following three (3) operational activities. States and local jurisdictions may use up to 25% of FY05 UASI funds to support select operational overtime costs associated with increased security measures at critical infrastructure sites in UASI jurisdictions during periods of heightened alert. 4. Of this amount, up to 10% of FY05 UASI funds may be used to support operational overtime costs incurred at Code Yellow orOrange that are associated with increased security measures at critical infrastructure sites in UASI jurisdictions. 4 The remaining 15% of FY05 UASI funds may be used to support operational overtime costs incurred only at Code Orange that are associated with increased security measures at critical infrastructure sites in UASI jurisdictions. Grantees and sub-grantees may use UASI funds for select operational expenses associated with increased security measures at critical infrastructure sites, incurred during time periods of DHS- declared Code Orange or Yellow. Funds may only be used in the following authorized categories: 't~ Backfill and overtime expenses for staffing state or local EOCs 4.. Hiring of contracted security for critical infrastructure sites 4. Public safety overtime ~;j. National Guard deployments to protect critical infrastructure sites, including all resources that are part of the standard National Guard deployment package (consumable costs, such as fuel expenses, are not allowed except as part of the standard National Guard deployment package) c'J;. Increased border security activities in coordination with CBP. 2. Overtime costs are also allowable for personnel to participate in information, investigative, and intelligence sharing activities specifically related to homeland security. This includes activities such as anti-terrorism task forces, JTTF, Area Maritime Security Committees (as required by the Maritime Transportation Security Act of 2002), and TEW groups. 3. Hiring of contractors/consultants for participation in information/intelligence sharing groups or intelligence fusion centers. 4. Critical Infrastructure Sites Local governments should generally consider critical infrastructure to include any system or asset that if attacked would resuJt in catastrophic loss of life and/or catastrophic economic loss, In addition, protection for the fOllowing specific types of facilities should also be considered: 4. .Protective security enhancements for large public gatherings/areas, such as New Year's Eve celebrations, sporting events and outdoor concerts ... Public water systems serving large population centers " 'Primary data storage and processing facilities, major stock exchanges and major banking centers ,4;. Chemical facilities located in close proximity to large population centers '* Major power generation facil~ies that exceed 2000MW and if successfully attacked would disrupt the regionaJ electric grid .~ Hydroelectric facilities and dams that produce power in excess of 2000MW or could result in catastrophic loss of life if breached .,. Nuclear Power plants .. Electric substations 500KV or larger, and substations 345KV or larger that are part of a critical system supporting populations in excess of one million people 4 Rail and highway bridges over major watelWays that, if destroyed, would cause catastrophic economic loss ,il, Major highway tunnels under watelWaYs that if attacked would cause catastrophic loss of life or catastrophic economic impact ,,'.. Major natural gas transmission pipelines in excess of 3000 bet throughput ~ Natural gas and liquid natural gas (LNG) storage facilities -J,. Major petroleum handling facilities such as pipelines, ports, refineries and terminals 4. Major mass transit subway systems and the supporting ventilation systems '. Telecommunications, internet, and cyber facilities 27 5 Approval Process: In order for grantees to drawdown funds for operational activities, the grantee must provide the Division w'lth: '4.. The critical infrastructure site requiring additional security; ,!liL If an event will be taking place, the title of the event and the time period of the event; ,4. A detailed budget and a total dollar amount associated with the additional security; Emaif the above information to the contract manager listed in this contract for review and approval. Note: Written approval must be provided by the State prior to the use of any FY 2005 UASr funds for operational activities. c. Equipment Acquisition Any equipment purchased, under this contract, must be in accordance with the Authorized Equipment List (AEL), located at htto:l/www1.rkb.miotora/ael fv2005cfm. D. Training Allowable trainin9~related costs include: 1) establishment of CBRNE terrorism and cyber security training programs within existing'training academies,. universities or junior colleges; and 2) overtime and backfill costs associated with attendance at OOP-sponsored and ODP approved CBRNE and cyber security training courses. The target audience for training courses include emergency preparedness, prevention and response personnel, emergency managers and public/elected officials within the following disciplines: fire service, law enforcement, emergency management, emergency medical seNices, hazardous materials, public works, pUblic health, health care, public safety communications, governmental administrative, cyber security, and private security providers. In order to deliver these courses, state and local instructors must be certified to deliver the course by successfully completing OOP'train-the-trainer course delivery, Detailed descriptions of ODP courses are , included in the ODP CBRNE Training Course Catalog at hUp:/Iwww,ojp.usdoj.gov/odp/docs/cours?catalog.pdf. E. Exercises Exercises conducted with OOP support (grant funds or direct support) must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP), HSEEP Volumes I-III contain guidance and recommendations for designing, developing, conducting, and evaluating exercises. HSEEP Volumes 1#111 can be found at OOP's website at http://www.ojp.usdoj.gov/odp/exercises.htm. Volume IV, which contains sample exercise materials and documents, can be found on ODP's Secure Portal at https:!!odp.esportals.com or http://vvww.llis.gov, Exercise Scenarios. The scenarios used in UAS1-funded exercises must be terrorism-related and based on the State or Urban Area Homeland Security Strategy and plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosi\le, cyber and agricultural. Grantees that need further clarification on scenarios should consult with their Stale Exercise Manager for assistance and/or approval. Fifteen all-hazards National Planning Scenarios. including 12 terrorism scenarios, have been developed, and will be made available for use in national, federal, state, and local homeland security preparedness activities (See HSPD-8: National Preparedness on page 49). Citizen participation in exercises is encouraged to include backfilling non-professional tasks for first responders deployed on exercise, administrative and logistical assistance with exercise implementation, and providing simulated victims, press, and members of the public, Ciliz.en participation in exercises should be coordinated with local Citizen Corps Council(s), If a state or urban area will be hosting an upcoming special event (e.g., Superbowl, G-B Summit, etc.), or they anticipate that they will apply to be a venue for a fulure Top Officials (TOPOFF) exercise, they should plan to use SHSP or UASI funding to fund training and exercise activities in preparation for that event. AU tabletop exercises (ITXs) , drills, functional exercises (FEs), and full-scale exercises (FSEs) will be evaluated and perfonnance based. An After Action Report (AAR) and Improvement Plan will be prepared and submitted to the Slate following every TTX, drill, FE, and FSE. AARlIPs must be provided to the State within 30 days following completion of each exercise (see HSEEP Volume II, Appendix A). A local jurisdiction that conducts an exercise IJsing VASI funds must follow the HSEEP doctrine and proto.col contained in Volume 11. F. Management and Administration.. no more than 2.5% of each sub-recipient's total award may be expended on Management and Administration costs by the sub.recipients Hiring of fuJI-time or part-time staff or contractors/consultants: "*' To assist with the management of the FY2005 UASI 7'," To assist with design, requirements and the implementation of the FY2005 UASI ,. To assist with the implementation and administration of the Urban Area Homeland Security Strategy, as it may relate to the FY2Q05 UASI Hiring of full-time or part-time staff or contractors/consultants and expenses related to: 28 .~ Meeting compliance reporting/data collection reQuirements, including data calls Development of operating plans for infonnation collection and processing necessary to respond to DHS/ODP data calls Overtime and backfill costs - Payment of overtime expenses will be for work performed by award (8AA) or sub-award employees in ex;cess of the established work week (usually 40 hours) related to the M&A activities for the development and implementation of the programs under H8GP. These costs are allowed only to the extent the payment for such services is in accordance with Ihe policies of the state or local unit(s) of government and has the approval of the state or the awarding agency, whichever is applcable, In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1 :00 pm to 5:00 pm), even though such work may benefit bolh activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. Travel expenses Meeting-related expenses (For a complete list of allowable meeting. related expenses, please review the OJP Financial Guide at htto:llwww.oio.usdoi.oov/FinGuide). AcqUisition of authorized office equipment, including: :i. Personal computers Ji. Laptop computers ~ Printers ,;j,;,. LCD protectofs, and 'it. Other equipment or software which may be reQuired to support the implementation of the homeland security strategy The following are allowable only within the period of performance of the contract: ~ Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. Leasing and/or renting of space for newly hired personnel to administer programs within the FY2005 UA81 G. Construction and Renovation Project construction and fenOl/ation not exceeding $1.000,000 is also allowable, as deemed necessary by the Office for Domestic Preparedness, under the FY 2005 UASI. These program funds may be used for construction and renovation projects only when those projects specifically address enhanced security at criticar infrastructure facilities. The following actions and improvements are considered 10 constitute construction or renovation: "" Construction and/or renovation to guard facilities: ~ Communications antennas; and, ~ Any other construction or renovation efforts that change or expand the footprint of a facility or structure, including security enhancements to impro'ie perimeter security. Approval Process: In order for grantees to drawdown funds for construction and renovation costs, the grantee must prol/ide the Division with: 4. A description of the asset or facility, asset location, whether the infrastructure is publicly or privately owned, and lhe construction or reno\lation project; 4. Certification that a facility vulnerability assessment has been conducted for the facility; ~ A description of how the construction or renovation project will address the identified \lulnerability{ies) from the ass~ssment; iii. A statement on the consequences of not implementing the construction or reoovation project: and, "" Completed National Environmental Policy Act (NEPAl Compliance Checklist. Note: Written approval must be provided by ODP prior to the use of any FY 2005 UASI funds for construction or renovation. H. Overtime and Back.fill Guidance Overtime. Expenses incurred by those personnel who, as a result of OOP-approved activities, are performing over and above their normal, scheduled work hours or work week. Backfill (also called Overtime as Backfill). Expenses incurred by those personnel who are working Ol/er and above their normal, scheduled work hours, or work week, in order to perform the duties of other personnel who are temporarily assigned to OOP-approved actil/ities outside their core responsibilities. The OJP OC does not distinguish between Overtime and Overtime as Backfill- they are both viewed as overtine regardless of whether the indj'Jidual has performed more hours in their normally assigned place of duty or if the overtime 29 accrued as a result of being re.assigned to a different place of duty. Overtime and backfill do not result in an increase of full.time employees (FT Es). G. National Preparedness Initiatives Urban Areas are strongly encouraged to pay close attention to the language in these sections in order to stay abreast of initiatives being highlighted by DHS and to comply with associated program requirements. H. National Incident Management System (NIMS) NIMS provides a consistent nationwide approach for federal, state, territorial, tribal, and local governments to work effectively and efficiently together to prepare for, prevent, respond to, and recover from domestic incidents, regardless of cause, size or complexity, Since FY2005 is a critical year for initial NlMS adoption, the Recipient should start now by prioritizing FY2005 preparedness assistance (in accordance with the eligibility and allowable uses of the grant) to facilitate its implementation. 1, Minimum FY200S NIMS Compliance Requirements "$, Incorporating NIMS into existing training programs and exercises; ~ Ensuring that federal preparedness funding supports NIMS implementation (in accordance with the eligibility and allowable uses of the grants); .{. Incorporating NIMS into emergency operations planning; Ji. Promotion of mutual aid agreements; and, "iI.. Institutionalizing the use of the Incident Command System (leS). 2. UASls should support NIMS implementation by: 4; Having relevant personnel complete the NIMS Awareness Course: "National Incident Management System (NIMS), An Introduction" IS 700. This ,independent study course is available on.line and will take between forty.five minutes to three hours to complete, The course is available on the Emergency Management Institute web page at: htto:l/traininQ.fema.oov/EMIWeb/IS/is700.aso 4,.. Formally recognizing NIMS and adopting NIMS principles and policies. The NIC will provide sample language and templates to assist in' formally adopting NIMS through legislative and/or executive/administrative means. ,;to Establish a NIMS baseline by determining which NIMS requirements are already satisfied. The NIC is developing a web-based self.assessment system, the NIMS Capability Assessment Support Tool (NIMCAST) to evaluate their incident response and management capabilities. The NIC is currently piloting the NIMCASTwith a limited number of states. Upon completion of the pilot, the NIC will provide all potential future users with voluntary access to the system. Additional information about the NIMCAST tool will be provided later this year. ~. Establishing a timeframe and developing a strategy for full NIMS implementation. Transit systems are encouraged to achieve full NIMS implementation during FY 2005. To the extent that full implementation is not possible during FY 2005, federal preparedness assistance must be leveraged to complete NIMS implementation in FY 2006. By FY 2007, federal preparedness assistance will be conditioned upon full compliance with NIMS. ,t< Institutionalizing the use of the ICS. Transit systems that are not already using ICS, must institutionalize the use of ICS (consistent with the concepts and principles taught by DHS) across the entire response system. 3. FY 2006 and FY 2007 Requirements In order for the Division to receive FY2006 preparedness funding, the minimum FY2005 compliance requirements described above must be met. Additional information about NIM5 compliance and resources for achieving compliance will be forthcoming from the NIC. The NIC web page, htto:llwww.fema.oov/nims. will be updated regularly with NIMS information and implementation guidance. I. Unauthorized Expenditures 1. Expenditures for items such as general.use software (word processing, spreadsheet, graphics, etc.) 2. General-use computers and related equipment 3. General-use vehicles 4, Licensing fees 5. Weapons systems and ammunition 30 6. Construction or renovation of facilities that would have been reasonably necessary due to non- terrorist threats 7. Activities unrelated to the completion and implementation of the UASl 8. Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs 9. Recurring Costs 1 Q. Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency responders, and may not be used to hire staff for operational activities or backfill. II. Reporting Requirements a. Semi.Annual Proorammatic Reoortina: The Semi-Annual Programmatic Report is due within 15 days after the end of the reporting periods (June 30 and December 31) for the life of this contract. If a report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current. Pro rammatic Re ortin Schedule Re ortin Period Re ort due to OEM no later than Jul 15 Jul 1 throu h December 31 Janua 15 Proarammatic Reoartino: Information to Reoort On After the end of each reporting period, for the life of the contract. the Division will provide a Biannual Strategy and Implementation Report worksheet to the Recipient Point of Contact listed in this contract. This worksheet will contain aU of the information that the Recipient needs to report on. The Recipient is to complete this worksheet in its entirety and.email the finished product to the programmatic contact listed below. The first worksheet will be available after the July 1 - December 31,2005 reporting period. b. Reimbursement Reauests: An invoice or purchase order must accompany each request for reimbursement. A request for reimbursement may be sent to your contract manager for review and approval at anytrne during the contract period. c. Close.out Proarammatic Reoortina: The Close-out Report is due to the Florida Division of Emergency Management no later than 60 days after the contract is either completed or the contract has expired. III. Points of Contact Contractual Point of Contact Programmatic Point of Contact Dianne Smith Farrah Gasford FDEM, Grants Administration Unit FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850) 413-9966 (850) 413-9974 Dianne. smith~dca. state, fl. us Farrah.nosfordf.9,dca_state_ fl. us 31 Attachment B Program Statutes and Regulations 1) 53 Federal Register 8034 2) Federal Acquisition Regulations 31.2 and 031.2 3) Section 1352, Title 31, US Code 32 Attachment C JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16)(a)(b), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial three months. [Xl NO ADVANCE REQUESTED [ 1 ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET If. you are requesting an advance, complete the following worksheet I (A) (S) (C) (D) FFY 2002 FFY 2003 FFY 2004 Total DESCRIPTION 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES' 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 bv line 1.\ First three monthS ex enditures need only be provided for It e years In whic you requeste an advance. If you do not ~ave this information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: X $ = Cell 03 DCA Award MAXIMUM o not include any match) ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM [ ) Recipient has no previous DCA contract history. Complete Estimated Expenses chart and E:xplanation of Circumstances below. ] Recipient has exceptional Circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. 33 ESTIMATED EXPENSES BUDGET CATEGORY 2004-2005 Anticipated Expenditures for First Three Months of ADMiNISTRATIVE COSTS Contract (Include Secondarv Administration.! PROGRAM EXPENSES TOTAL EXPENSES Explanation of CIrcumstances. 34 Attachment 0 Warranties and Representations Financial Manaoement Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in Order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. 35 Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from 8am to 4pm. Monday through Friday. Licensinq and Permittinq All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient 36 Contractor Covered Transactions (1) The prospective contractor of the Recipient, ' certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: By: Signature Recipient's Name DCA Contract Number Name and Title Street Address City, State, Zip Date 37 Attachment F Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMS Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that. 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will 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. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipf of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA . 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973,.public Law 93-234,87 Stat. 975, approved December 31,1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 38 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P. L. 97-348) dated October 19, 1982 (15 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug- Free Workplace Act of 1988, and implemented at 28 CFR Part 57, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.515and 67.620. 39 ,. i i / :i ~ ,'\'l IIf. II,.. ..... ." ~~ ::. . """l"';'I " -::;,,~, J;.: +~.,. i:'('/1.,I_\'\.'I City of Miami Legislation Resolution R-OS-0629 CllyHaU 3500 Pan American Drive Miami, FL 33133 WYN./.cLmiaml.f1.us File Number: 05-01057 Final Action Dale: 11/ 3 / 05 A RESOLUTION OF THE MIAMI CITY COMMISSION. WITH ATTACHMENT(S). ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "URBAN AREAS SECURITY INITIATIVE ("UAS''') GRANT PROGRAM IV (FISCAL YEAR 2005)," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME. IN THE AMOUNT OF $15.828,322, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY PASSED THROUGH THE OFFICE FOR DOMESTIC PREPAREDNESS ("ODP"), DIRECTLY TO THE STATE OF FLORIDA DIV/SION OF EMERGENCY MANAGEMENT ("OEM"); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ITS CONTIGUOUS COUNTIES, MIAMI-DADE, BROWARD AND MONROE. iSETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH TI\tE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI'S DEPARTMENT OF FIRE-RESCUE, AS AN UASI SPONSORING AGENCY; CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED IN THE FORM OF GRANTS FROM THE ODP THROUGH THE OEM. WHEREAS, most states and municipalities have strengthened their overall caP~i1ity to respond to acts of terrorism Involving chemical, biological, radiological, nuclear or explosive we.pons, there continues to be room for improvement in meeting our national priorities in preventing alld responding to terrorist attacks; and WHEREAS. the United States Department of Homeland Security, Office for Domestic . Preparedness ("ODP"), is authorized by the Emergency Wartime Supplemental Appropriations Act 2003. to provide funds to states for subsequent distribution to selected urban areas to addreSi the unique equipment, training, planning, exercise and operational needs for large urban areas and to assist them in building an enhanced and sustainable capacity to prevent, respond to and recoWl" from threats of acts or terrorism; and . WHEREAS, the ODP, through the State of Florida Division of Emergency Management ("DE~"). has subgranted an Urban Areas Security Initiative ("UASI") Grant Project IV (Fiscal Year 2005) tO~he City of Miami ("City") and Its contiguous counties, Miami-Dade, Broward and Monroe ("Contiguous. Counties"), in the amount of $15,828,322. for Fiscal Year 2005; and \ WHEREAS, as stipulated in the grant award, the City's Department of Fire-Rescue will use said \ funds to address the unique equipment, training, planning, exercise and operational needs of the Cit~'. City of M/<<rlll Page J of3 Printed On: 9126120~ File Number: 05-01057 and the Contiguous Counties and to assist the City in building an enhanced and sustainable capacity to prevent, respond to and recover from threats or acts of terrorism; and WHEREAS, in accordance with the UASIIV Project Grant, the attached Memorandum of Agreements with the City's Contiguous Counties, will provide the necessary gUidelines to coordinate the UASIIV Project Grant between the aforementioned counties to enhance the City and its surrounding jurisdictions' ability to respond to terrorist threats or acts and will permit the City to reimburse its Contiguous Counties, for its expenditures that are compliant with said project; and WHEREAS, it is now appropriate for the City Manager to accept said grant and to establish a . special revenue fund for the appropriation of said grant award; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The following new Special Revenue Fund is established and resources are appropriated as described below: FUND TITLE: Urban Area Security Initiative ("UASI") Grant Program IV (Fiscel Year 2005) RESOURCES: Department of Homelend Security, $15,828,322 Pass through the Office for Domestic Preparedness. directly to the State Of Florida Division of Emergency Management APPROPRIATIONS: $15,828,322 Section 3. The City Manager is authorized {1} to accept said grant award and to execute the necessary documents to implement acceptance of said grant award. Section 4. The City Manager is authorized {1} to execute Memorandum of Agreements, with its Contiguous Counties, for the purpose of selling forth the parties' responsibilities in connection with the development and support of the UASI IV Project administered by the City's Department of Fire-Rescue, an UASI sponsoring agency, contingent upon funding of said project being secured in the form of the grants from the ODP through the DEM. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor,{2} AS TO FORM AND CORRECTNESS:'C- l'.fl,M ell)! of Miami Pagd of J Prblted 0,,: 9/1612005 File Number: 05-01057 Footnote. : {1) The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by appiicable City Charter and Code provisions. {2) If the mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, It shall become effective immediateiy upon override of the veto by the City Commission. City of MiamI Pagel oj 3 Printed 0.: 9/26/'JOOS '.~ City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Master Report Resolution R-05-0629 File ID #: 05-01057 Enactment Date: 11/3/05 Version: Controlling Office of the City Body: Clerk Status: Passed Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "URBAN AREAS SECURITY INITIATIVE ("UASI") GRANT PROGRAM IV (FISCAL YEAR 2005)," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $15,828,322,CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY PASSED THROUGH THE OFFICE FOR DOMESTIC PREPAREDNESS ("ODP"), DIRECTLY TO THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT ("DEM"); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT A W ARC AND TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT A W ARC; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ITS CONTIGUOUS COUNTIES, MIAMI-DADE, BROW ARD AND MONROE, SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI'S DEPARTMENT OF FIRE-RESCUE, AS AN UASI SPONSORING AGENCY; CONTINGENT UPON FUNDING OF SAID PROIECT BEING SECURED IN THE FORM OF GRANTS FROM THE ODP THROUGH THE DEM. Reference: Introduced: 9/19/05 Name: Establishing Special Revenue Fund - Urban .Areas Security Initiative Grant Program IV Requester: Department of Fire-Rescue Cost: Final Action: 11/3105 Notes: Sections: Indexes: Attachments: 05-01057 Legislation.pd~ 05-01057 Exhibit l.pdf, 05-01057 Exhilit 2.pd~ 05-01057 Exhibit 3.pdf, 05-01057 Exhibit 4.pd~ 05-01057 Exhibit 5.pdf, 05-01057 Exhibit6.pd~ 05-01057 Exhibi 7.pdf, 05-01057 Exhibit8.pdf, 05-01057 Summary Form.pdf, 05-0I057Email.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result City of Miami Pagel Printed on IlllSnOOS Office of the City Attorney 10/11/05 Reviewed and Approved CONTINUED City Commission 1113/05 ADOPTED A motion was made by Jeffery L. Allen, seconded by Angel Gonzalez, that this matter be ADOPTED. The motion carried by the following vote: Aye: 4 . Angel Gonzalez, Johnny L. Winton, Joe Sanchez and Jeffery L. Allen Absent: 1 - Tomas Regalado City of Miami Signed by the Mayor Office of the City Clerk City Commission 10127/05 Signed and Attested by City Clerk Office of the Mayor 11110/05 Office of the City Clerk, 11110/05 Page 2 Printed on 1tI15f2llOS