HomeMy WebLinkAbout2010-159-1341 - UASI Grant Program
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 22, 2010 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source:
Urban Area Security Initiative Grant Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny O. Crew,
City Manager Department: City Manager’s Office Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO
EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN MEMORANDUM OF AGREEMENT WITH THE CITY OF MIRAMAR IN THE AMOUNT OF THREE HUNDRED EIGHTY-EIGHT THOUSAND, FOUR HUNDRED FIFTY DOLLARS ($388,450.00),
A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary:
Background: The City of Miami Gardens has been identified by the Federal Department of Homeland Security as eligible to receive funding from the Urban Area Security Initiative (UASI)
Grant Program as a member of the Fort Lauderdale UASI. The City was awarded $388,450.00 under the 2009 UASI Grant for the purchase of Remote Incident Management Communications Devices
to improve the City’s ability to conduct remote site public safety operations. The 2009 grant guidance mandated that all named agencies dedicate at least twenty-five (25%) percent of
its allocation to training. This mandate was made in an effort to increase local agencies’ ability to ITEM J-6) CONSENT AGENDA RESOLUTION UASI Agreement
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 respond immediately to natural or man-made disasters within the region. As such, the 2009 award includes funding
for Critical Incident Response Training Exercises for the Miami Gardens Police Department. The City of Miramar acts as the lead agency for the Fort Lauderdale UASI , and as such, the
City of Miami Gardens is a sub-granting agency of the City of Miramar in the Fort Lauderdale UASI. As the sub-granting agency the City Council must also approve and execute the attached
Memorandum of Agreement for participating Fort Lauderdale UASI agencies in order to utilize the grant funding listed above. Proposed Action: It is recommended that the City Council approve
the attached resolution authorizing the City Manager to execute the 2009 Memorandum of Agreement for Participating Fort Lauderdale UASI Agencies. Attachment: Attachment A – Memorandum
of Agreement
Page 1 of NUMPAGES 11 MEMORANDUM OF AGREEMENT EXHIBIT B FOR PARTICIPATING FORT LAUDERDALE UASI AGENCIES This Agreement is entered into this ______ day of ________________, 20__, by and
between the City of Miramar, a municipal corporation of the State of Florida (the “Sponsoring Agency”) and The City of Miami Gardens (the “Participating Agency”). RECITALS WHEREAS, The
United States Department of Homeland Security (DHS), through the Office of Grants and Training (OG&T), is providing financial assistance to the Fort Lauderdale Urban Area through the
FY 2009 Urban Area Security Initiative (UASI) Grant Program in the amount $5,881,547; and WHEREAS, the Sponsoring Agency is the coordinating agent for the Fort Lauderdale FY 2009 UASI
Grant Program; and WHEREAS, the OG&T requires that the urban areas selected for funding take a regional metropolitan area approach to the development and implementation of the FY 2009
UASI Grant Program and involve core cities, core counties, contiguous jurisdictions, mutual aid partners and State agencies; and WHEREAS, the Fort Lauderdale Urban Area has been defined
as the City of Miramar, City of Miami Gardens, City of Fort Lauderdale, City of Hollywood, City of Pembroke Pines, City of Coral Springs, City of Sunrise, Broward County and Palm Beach
County; and the Fort Lauderdale Urban Area Working Group includes the foregoing agencies as well as the Broward Sheriff’s Office, the Palm Beach County Sheriff’s Office, the Miami-Dade
County Police Department and the State Administrative Agency, represented by the Florida Department of Law Enforcement; and WHEREAS, the City of Miramar anticipates that it will be subgranting
a portion of the funds to the cities and counties listed above, as well as to the Broward Sheriff’s
Page 2 of NUMPAGES 11 Office and the Palm Beach County Sheriff’s Office, as members of the Fort Lauderdale UASI in accordance with the FY 2009 UASI Grant Program; and WHEREAS, the City
Commission of the City of Miramar, by Resolution No. 10-74, adopted on January 27, 2010, has approved the execution of the Federally-Funded Subgrant Agreement with the State of Florida,
and has authorized the City Manager to enter into this Agreement with each Participating Agency on behalf of the City of Miramar; and WHEREAS, the Sponsoring Agency wishes to work with
the Participating Agencies through the Urban Area Working Group process to enhance the ability of Miramar and its surrounding jurisdictions to respond to a terrorist threat or act. NOW
THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: I. PURPOSE A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating
Agencies for activities under the FY 2009 Urban Areas Security Initiative (UASI) Grant Program Program which was made available by the U.S. Department of Homeland Security (DHS), through
the Office of Grants and Training (OG&T) and through the State of Florida Division of Emergency Management (DEM). B. This Agreement serves as the Scope of Work between a Participating
Agency and the Sponsoring Agency. II. SCOPE A. The provisions of this Agreement apply to FY 2009 UASI activities to be performed at the request of the Federal government, provided at
the option of the Sponsoring Agency, and in conjunction with, in preparation for or in anticipation of, a major disaster or emergency related to terrorism and/or weapons of mass destruction.
Page 3 of NUMPAGES 11 B. No provision of this Agreement limits the activities of the Urban Area Working Group or its Sponsoring Agency in performing local and state functions. III. DEFINITIONS
A. Critical Infrastructure. Any system or asset that if attacked would result in catastrophic loss of life and/or catastrophic economic loss. B. The U.S. Department of Homeland Security
(DHS), Office of Grants and Training, Urban Areas Security Initiative (UASI) Grant Program (FY 2009). This program reflects the intent of Congress and the Administration to enhance and
quantify the preparedness of the nation to combat terrorism. The UASI Grant Program is being provided to address the unique equipment, training, planning, operational and exercise needs
of large high threat urban areas, and program activities must involve coordination by the named cities and counties, and any which are identified by the Urban Area Working Group and
the respective State Administrative Agency. Funding for the FY 2009 UASI Grant Program was was appropriated by the U.S. Congress and is authorized by Public Law 108-11, the Emergency
Wartime Supplemental Appropriations Act of 2003. The funding will provide assistance to build an enhanced and sustainable capacity to prevent, respond to and recover from threats or
acts of terrorism for the selected urban areas. C. National Incident Management System (NIMS). This system will provide a consistent nationwide approach for Federal, State, and local
governments to work effectively and efficiently together to prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity. To provide for interoperability
and compatibility among Federal, State and local capabilities, the NIMS will include a core set of concepts, principles, terminology and technologies covering the incident command system;
multi-agency coordination systems; unified command; training; and identification. According to current Homeland Security Grant Program Guidance, awardees must meet the NIMS compliance
compliance requirements in order to receive preparedness funding. State, Territory, Tribal and local governments are considered to be in full NIMS compliance if they have
Page 4 of NUMPAGES 11 adopted and/or have implemented the FY 2005 and FY 2006 compliance activities, as described by the Federal Emergency Management Agency. D. Urban Area Working Group
(UAWG). The State Administrative Agency (SAA) Point of Contact (POC) must work through the Mayor/CEOs from all other jurisdictions within the defined urban area to identify POCs from
these jurisdictions to serve on the Urban Area Working Group. The Urban Area Working Group will be responsible for coordinating development and implementation of all program elements,
including the urban area assessment, strategy development and any direct services that are delivered by OG&T. E. Urban Area. An urban area is limited to inclusion of jurisdictions contiguous
to the named cities and counties, or with which the named cities and counties have established formal mutual aid agreements. IV. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR: A. Providing
an administrative department, which shall be the City of Miramar Police Department, authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. B. Coordinating
with named cities and counties, with the respective State Administrative Agency and with the OG&T. C. Conducting a comprehensive Urban Area Assessment, which in turn will guide development
of an Urban Area Homeland Security Strategy. D. Ensuring the participation of the following critical players in the assessment and strategy development process: law enforcement, emergency
medical services, emergency management, the fire service, hazardous materials, public works, governmental administrative, public safety communications, healthcare and public health.
Page 5 of NUMPAGES 11 E. Developing a comprehensive Urban Area Homeland Security Strategy to be submitted to the SAA POC. F. Complying with the requirements or statutory objectives of
federal law. G. Ensuring satisfactory progress toward the goals or objectives set forth in the grant application. H. Following grant agreement requirements and/or special conditions,
including the terms, conditions, certifications and other requirements contained in the Federally-Funded Subgrant Agreement between the State of Florida, Division of Emergency Management,
and the City of Miramar, attached hereto as Exhibit “1” and hereby incorporated by reference. I. Submitting required reports. V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the main liaison and partner with the City of Miramar Police Department, authorized to carry out the herein agreed upon responsibilities
of the Participating Agency. B. Developing subgrants for municipalities within each county county in accordance with UASI Grant Program FY 2009 requirements. Participating Agencies and
subgrantees must and hereby agree to comply with the requirements of the UASI Grant Program FY 2007 and the terms, conditions, certifications and other requirements contained in the
Federally-Funded Subgrant Agreement between the State of Florida, Division of Emergency Management, and the City of Miramar, attached hereto as Exhibit “1”, including but not limited
to 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.
Page 6 of NUMPAGES 11 D. Participating as a member of the Urban Area Working Group to include coordinating with and assisting the City of Miramar in conducting a comprehensive Urban
Area Assessment, which in turn will guide development of an Urban Area Homeland Security Strategy. E. Ensuring the participation of the following critical players in the assessment and
strategy development process: law enforcement, emergency medical services, emergency management, the fire service, hazardous materials, public works, governmental administrative, public
safety communications, healthcare and public health. F. Assisting the City of Miramar in development of a comprehensive Urban Area Homeland Security Strategy. G. Complying with the requirements
or statutory objectives of federal law. H. Ensuring satisfactory progress toward the goals or objectives set forth in the grant application. I. Submitting required reports. VI. THE SPONSORING
AGENCY AND THE PARTICIPATING AGENCY AGREE: A. That funding acquired and identified for the Urban Areas Security Initiative will be administered solely by the Sponsoring Agency. B. The
Participating Agencies will provide financial and performance reports to City of Miramar in a timely fashion. The City of Miramar will prepare consolidated reports for submission to
the State of Florida. C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or time related issues of the Participating Agency personnel.
Page 7 of NUMPAGES 11 D. Sponsoring Agency and Participating Agency are subdivisions as defined in Chapter 768.28, Florida Statutes, and each party agrees to be fully responsible for
the respective acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which
sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any manner
arising out of this Agreement or any other contract. E. The Participating Agency has been allocated $388,450 to be expended and reimbursed pursuant to the terms of this Agreement. VII.
FINANCIAL AGREEMENTS A. Financial and Compliance Audit Report: Recipients that expend $500,000 or more of Federal funds during their fiscal year are required to submit an organizationwide
financial and compliance audit report. The audit must be performed in accordance with the U.S. General Accounting Office Government Auditing Standards and OMB Circular A-133. B. The
Secretary of Homeland Security and the Comptroller General of the United States shall have access to any books, documents, and records of recipients of FY 2009 UASI Homeland Security
Grant Program assistance for audit and examination purposes, provided that, in the opinion of the Secretary of Homeland Security or the Comptroller General, these documents are related
to the receipt or use of such assistance. The grantee will also give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right
to examine all records, books, papers or documents related to the grant. C. Financial Status Reports are due within 45 days after the end of each calendar quarter. A report must be submitted
for every quarter that the award is active,
Page 8 of NUMPAGES 11 including partial calendar quarters, as well as for periods where no grant activity occurs. D. Categorical Assistance Progress Reports by the Sponsoring Agency,
the Participating Agency or by Subgrantees must be submitted to describe progress to date in implementing the grant and its impact on homeland security in the state. E. All financial
commitments herein are made subject to the availability of funds and the continued mutual agreements of the parties. VIII. CONDITIONS, AMENDMENTS, AND TERMINATION A. The Participating
Agency will not illegally discriminate against any employee or applicant for employment on the grounds of race, color, religion, sex, age, or national origin in fulfilling any and all
obligations under this Agreement. B. Any provision of this Agreement later found to be in conflict with Federal law or regulation, or invalidated by a court of competent jurisdiction,
shall be considered inoperable and/or superseded by that law or regulation. Any provision found inoperable is severable from this Agreement, and the remainder of the Agreement shall
remain in full force and effect. C. This Agreement may be modified or amended only with the written agreement of each of the parties. D. This Agreement may be terminated by either party
on thirty (30) days written notice to the other party. E. This Agreement shall be considered the full and complete agreement between the undersigned parties, and shall supersede any
prior Memorandum of Agreement among the parties regarding the subject of this Agreement, written or oral, except for any executory obligations that have not been fulfilled.
Page 9 of NUMPAGES 11 F. This Agreement may be executed in several parts, each of which shall be considered a valid Agreement, provided that each of the parties to the Agreement has
executed at least one (1) original copy of the Agreement and has transmitted copy of the signature page hereof to the other parties. G. This Agreement will end on April, 30, 2012, unless
otherwise extended, at which time the parties may agree to renew the association. Renewal will be based on evaluation of the Sponsoring Agency’s ability to conform with procedures, training
and equipment standards as prescribed by the OG&T. H. Per Section (21), entitled “Lobbying Prohibition”, of the Federally-Funded State Grant Agreement, attached hereto as Exhibit “1”,
no funds or other resources received from the Division in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the
Florida legislature or any state agency. The recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: (1) no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement;
and (2) if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned
shall complete Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all
Page 10 of NUMPAGES 11 subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SPONSORING AGENCY THE CITY OF
MIRAMAR, a municipal ATTEST: corporation of the State of Florida _____________________________ BY: __________________________ Yvette McLeary Robert A. Payton City Clerk City Manager
Approved as to form and legal sufficiency for the use of and reliance by the City of Miramar only: _____________________________ City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske,
P.L., PARTICIPATING AGENCY __________________________ __________________________ ATTEST: _____________________________ BY: ___________________________ Name: Name: Title: Title:
Page 11 of NUMPAGES 11 APPROVED AS TO FORM AND CORRECTNESS: _______________________________ Participating Agency Attorney