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HomeMy WebLinkAbout2588 2023 Memo of Agrmnt - Orlando/Orange Urban Area Security Initiative (w/Reso 3262)2023 MEMORANDUM OF AGREEMENT FOR PARTICIPATING ORLANDO/ORANGE fps URBAN AREA SECURITY INITIATIVE AGENCIES This Memorandum of Agreement (hereinafter referred to as MOA) is entered into this 25 day of March, 2024, by and between the Orange County Sheriffs Office (hereinafter referred to as OCSO), a political subdivision of the State of Florida, and Orange, Seminole, Lake, and Osceola Counties, political subdivisions of the State of Florida; all other participating counties and cities (listed in the attached appendices) of the State of Florida, collectively known as the Orlando/Orange Urban Area (hereinafter referred to as O/OUA) Participants. RECITALS WHEREAS, the State of Florida, Division of Emergency Management (FDEM) (hereinafter referred to as the Division) is providing financial assistance to the O/OUA in the amount $3,610,000.00 dollars ($3,800,000.00 less the 5% State Management and Administration) through the FY 2023 Urban Area Security Initiative (hereinafter referred to as UASI); WHEREAS, the OCSO is the Recipient for the O/OUA UASI Grant Program; WHEREAS, as the Division requires that the urban areas selected for funding take a regional metropolitan area approach to the development and implementation of the UASI Grant Program and involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; WHEREAS, the Urban Area has been defined as the City of Orlando, Orange, Seminole, Lake, and Osceola Counties; WHEREAS, the OCSO wishes to work with the O/OUA Participants through the Urban Area Working Group process to enhance the O/OUA and its surrounding jurisdiction's ability to prevent, protect against, respond to, and recover from acts of terrorism, or any other manmade or natural disaster; and WHEREAS, on or about the 25 of March, 2024, the OCSO entered into an agreement with the Division for a Federally Funded Sub grant Agreement, #R0881; CFDA Number 97.067. NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: I. PURPOSE A. This Agreement delineates responsibilities of the OCSO and the O/OUA Participants for activities under the FY 2023 UASI Grant Program, by the Division. B. This Agreement serves as the Scope of Work among all Participants and the OCSO. II. SCOPE A. The provisions of this Agreement apply to FY 2023 UASI activities to be performed at the request of the Division, provided at the option of the OCSO, 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 Recipient 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 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 City: A city at the center of a metropolitan area. C. Core County: The county within which the core city is geographically located. D. Urban Area Security Initiative (UASI) Grant Program: The UASI Grant Program is intended to provide financial assistance to address the unique multi -discipline planning, organization, equipment, training, and exercise needs of high -threat, high-density Urban Areas, and to assist these Areas in building and sustaining capabilities to prevent, protect against, respond to, and recover from threats or acts of terrorism, all hazards or man-made disasters. E. National Incident Management System (NIMS): The NIMS provides a consistent nationwide template to enable all levels of government, tribal nations, non-governmental organizations, and private sector partners to work together to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity. F. Urban Area Working Group (UAWG): The UAWG is responsible for coordinating the development and implementation of all program initiatives. The UAWG may also support the State's efforts to develop the Stakeholder Preparedness Review, particularly as it relates to UASI activities. G. Orlando/Orange Urban Area (O/OUA) Administrator: The (O/OUA) Administrator shall be the Orange County Sheriffs Office. H. 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. I. Stakeholder Preparedness Review (SPR): The SPR is a self-assessment of a jurisdiction's current capability levels against the targets identified in the Threat and Hazard Identification and Risk Assessment (THIRA). J. Threat and Hazard Identification and Risk Assessment (THIRA): The THIRA is a three-step risk assessment process to help communities understand their risks and determine the level of capability they need in order to address those risks. The outputs form this process lay the foundation for determining a community's capability gaps as part of the SPR. K. Florida Division of Emergency Management (FDEM): The non -Federal pass-through entity that provides a subaward to a sub -recipient to carry out part of a Federal program. IV. OCSO SHALL BE RESPONSIBLE FOR: A. Providing an administrative department within the OCSO authorized to carry out the herein agreed upon responsibilities of this MOA. B. Ensuring the participation of the following critical stakeholders in the UASI THIRA, UASI SPR, 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. C. Complying with the requirements of the 2 CFR Chapter I, Chapter II, Part 200, et al. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards: 2 CFR Chapter I, Chapter II. Part 200. et al. Uniform Administrative Requirements. Cost Principles. and Audit Reouirements for Federal Awards D. Ensuring satisfactory progress toward the goals or objectives set forth in the grant application. E. Complying with all grant agreement requirements and/or special conditions. F. Submitting required programmatic and financial reports. V. THE O/OUA PARTICIPANTS SHALL BE RESPONSIBLE FOR: A. Providing personnel who will act as the main liaison (the project manager) and partner with the OCSO, authorized to carry out the herein agreed upon responsibilities of the MOA. B. Tracking of their grant purchased federally funded assets via their respective internal inventory control system and attach the provided 2023 UASI inventory tag to 2023 UASI grant purchased equipment. Note: For reconciliation purposes, OCSO as Recipient will maintain and manage a grant -wide database for all federally funded assets purchased under this contract. C. Submitting budget detail worksheets to include approved modifications for direct purchases of equipment or services. D. Ensure deliverables and performance are followed on Attachment B when developing and providing quotes for allowable expenditures to OCSO. E. Follow Environmental Planning & Historic Preservation (EHP) compliance guidelines on Attachment C, if the project requires an EHP. F. Participating as a member of the UAWG to include coordinating with and assisting the O/OUA in conducting a UASI SPR and UASI THIRA, which in turn, will guide development of an Urban Area Homeland Security Strategy. G. Ensuring and assisting the participation of the following critical stakeholders in the UASI SPR and UASI THIRA and updating of the O/OUA strategies: law enforcement, emergency medical services, emergency management, the fire service, hazardous materials, public works, governmental administrative, public safety communications, healthcare and public health. H. The OCSO and O/OUA participants shall be governed by applicable State and Federal laws, rules and regulations, including those program statutes and regulations identified and outlined in Attachment D. I. Ensuring satisfactory progress toward the goals or objectives set forth in the grant application. J. Following UASI Grant Project agreement requirements and/or special conditions as provided in the FDEM agreement. K. Ensure that equipment obtained from the UASI Grant Program is readily available for use by personnel trained to use such equipment for actual emergencies or exercises. Also, ensure that such equipment is readily available for onsite monitoring by DHS/FEMA, FDEM, and the O/OUA. If the agency is incapable of staffing the equipment, such equipment shall be made available to another partnering agency for use during any actual emergencies or exercises. Failure to ensure equipment availability may result in loss of funding and/or equipment to the partner agency. L. All equipment obtained from the UASI Grant Program is the sole responsibility of the receiving agency. This includes, where applicable, maintenance, replacement, training on equipment, and insuring of equipment and personnel, and compliance with intra -agency auditing requirements. M. Take affirmative steps to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. Relevant Vendor Listing Link N. Ensuring required NIMS Awareness Course(s) is/are completed by relevant personnel. O. Providing a signed document recognizing NIMS in principle and policy. VI. THE OCSO AND THE O/OUA PARTICIPANTS AGREE: A. That funding acquired and identified for the UASI will be administered solely by the OCSO. B. The OCSO is not responsible for personnel salaries, benefits, workers compensation or time related issues of any participating agency personnel. C. OCSO and O/OUA Participants are subdivisions as defined in Chapter 768.28, Florida Statutes, and each agree to be fully responsible for their respective acts and/or 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 participant to whom 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 MOA or any other contract. D. For the purposes of executing the conditions established in this MOA, each O/OUA Participants' point of contact (hereinafter referred to as POC) will be designated by each O/OUA Participant in accordance with their internal policies and procedures. The OCSO or designees will remain the UASI POC. (See Attachment A) E. In the event the Division determines that any funds disbursed were not spent in accordance with the conditions of the UASI Grant Agreement, the O/OUA Participant that procured the item(s) in question shall reimburse the OCSO for all such funds within thirty (30) days after being notified of said non-compliance. Notwithstanding the above, no funds shall be directly provided to O/OUA Participants under this Agreement. VII. AUDITS A. The OCSO and O/OUA Participants shall comply with the audit requirement contained in 2 CFR Part 200, Subpart F. B. OCSO shall follow Generally Accepted Accounting Principles (GAAP), as defined by 2 CFR §200.49. C. When conducting an audit of the OCSO performance under the OCSO and FDEM agreement, FDEM shall use Generally Accepted Government Auditing Standards (GAGAS), as defined by 2 CFR §200.50. VIII. RECORDS A. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the OCSO and O/OUA Participants which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access is not limited to the required retention period but lasts as long as the records are retained. The O/OUA Participants will also give the OCSO, through any authorized representative, access to and the right to examine all records, books, papers or documents related to the grant. IX. REPORTS A. Programmatic status reports are due within fifteen (15) days after the end of each calendar quarter. The O/OUA Participants (program manager) must submit a programmatic status report before the fifteen (15) days after the end of each calendar quarter. B. All financial commitments herein are made subject to the availability of funds and the continued mutual agreements of the participants. X. CONDITIONS, AMENDMENTS, AND TERMINATION A. The O/OUA Participants will not 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 MOA. B. Any provision of this MOA 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 MOA, and the remainder of the MOA shall remain in full force and effect. C. This MOA may be modified or amended only in writing and upon approval of all the parties hereto. D. This MOA maybe terminated by any O/OUA Participant upon thirty (30) days prior written notice to the OCSO and the return of any and all equipment that has been received through the UASI Funding program. E. This MOA shall be considered the full and complete agreement between the undersigned parties, and shall supersede any prior MOA among the O/OUA Participants, written or oral, except for any executor obligations that have not been fulfilled. F. This MOA may be executed in several parts, each of which shall be considered a valid MOA, provided that each of the O/OUA Participants to the MOA has executed at least one (1) original copy of the MOA and has transmitted copy of the signature page hereof to the other O/OUA Participants. G. This MOA will end at the conclusion of the stated grant performance period of September 30, 2025. H. Subcontracts: If an O/OUA Participant subcontracts any of the work required under this MOA, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The O/OUA Participants agree to include in the subcontract that (i) the subcontractor is bound by the terms of this MOA, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division, OCSO, and O/OUA Participants harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this MOA, to the extent allowed and required by law. The O/OUA Participants shall document in the quarterly report the subcontractor's progress in performing its work under this MOA. For each subcontract, the O/OUA Participants shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in 2 CFR §200.321. G. This MOA will end at the conclusion of the stated grant performance period of September 30, 2025. H. Subcontracts: If an O/OUA Participant subcontracts any of the work required under this MOA, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The O/OUA Participants agree to include in the subcontract that (i) the subcontractor is bound by the terms of this MOA, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division, OCSO, and O/OUA Participants harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this MOA, to the extent allowed and required by law. The O/OUA Participants shall document in the quarterly report the subcontractor's progress in performing its work under this MOA. For each subcontract, the O/OUA Participants shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in 2 CFR §200.321. A6-IJ2�, RECIPIENT BY: JO W. MINA SHERIFF OF ORANGE COUNTY, FLORIDA DATE: APPROVED AS TO FORM AND LEGALITY FOR THE RELIANCE OF THE SHERIFF OF ORAN E COUNTY, FLORIDA BY: /i {-1 4 1 , r ! 1 RECIPIENT ATTORNEY ATTEST Typed Name:y uSQ� /1/,jG134_ Title: ��r H Ner-K Signature page for The City of Apopka PARTICIPATING AGENCY The City of Apopka, a Municipal Corporation of the State of Florida By: -- )�voir, &bcw� I Typed Name: U�y� N I �► Q I `�b� r Title: 0.1/ APPROVED AS TO FORM AND LEGALITY Par W ating Agency Attorney— - ATTEST• Typed Name:r�, Title: _ le Signature page for The City of Clermont PARTICIPATING AGENCY The City of Clermont, a Municipal Corporation of the State of Florida i v By: Typed Name: Yl u r r I Title: Ol. APPROVED AS TO FOJM AND LEGALITY l'P rt cipalin -gency Attorney /1 T r r 4e- •!.b DENISSE SANTOS •• CUMWQe t HH 667122 'vNef rde ExOrw Muds 24, 2028 Signature page for The City of Kissimmee PARTICIPATING AGENCY The City of Kissimmee, a Municipal Corporation of the State of Florida By: 1cCI (I-Iaf 1 Typed Name: Title: APPROVED AS TO FORM AND LEGALITY Participating Agency Attorney PARTICIPATING AGENCY Lake County Sheriff's Office, A Political Subdivision of the State of Florida ATTEST: By: " /,I 19 Typed Name: Typed Name: Peyton C. Grinnell Title: Title: Sheriff APPROVED AS TO FORM AND LEGAUPA r Participating ency Attorney Signature page for Lake County SherlfPs Office 2024 MEMORANDUM OF AGREEMENT ORLANDO/ORANGE USAI BOARD OF COUNTY COMMISSIONERS LAKE COUNTY, .i CITY OF OCOEE SIGNATURE PAGE 2023 Memorandum of Agreement For Participating Orlando/Orange Urban Area Security Initiative Agencies CITY: CITY OF OCOEE, FLORIDA By' Rusty Joh sdn, ayor clanie Sibbitt, City Clerk (SEAL) APPROVED BY THE CITY OF OCOEE COMMISSION AT A MI;I:�I'1NG I II'I.D ON -- L--- - -ISP- UNDI,*R AC;1=:NC)A ITEM NO. (� FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS -1.0 Ijc)RM AND LEGALITY this ]G -day of -- ri --- . 20 L i -TS 4-I CK DOMINICI 13 _ Richard Geller, Ci y Itorncy PARTICIPATING AGENCY The City of Orlando, a Municipal Corporation of the State of Florida ATTEST: : BY ( �(" Typed Name: Stephanie Herdocia Typed Name: -Buddy-Dyer TpLerf STtIN� Title: City Clerk Title: Mayor Prey Tr_ v By Of Typed Name: Eric D... -Smith Title: Chief of Police Signature page for The City of Orlando AS TO FORM AND LEGALITY Agency Attorney City Council Meetlnp: 05- 1,Dly item: N • 6 Documentary: lwosTol ORANGE COUNTY, FLORIDA By: Orange County Board of County Commissioners By: Jerry L. Demings f'A Orange County Mayor Date: May 21, 2024 ATTEST: Phil Diamond, CPA, County Comptroller As Clerk of the Board of County Commissioners By. Deputy Clerk Signature page for Orange County, Florida ATTEST: Typed Name t fw Title: Q��, CI�L�f Ba��P Signature page for Osceola County BCC PARTICIPATING AGENCY Osceola County BCC, A Political Subdivision of the State of Florida By: _ Typed Name: PA.q Ch auc&r V� ` V Title: Ur 'It,�-.— APPROVED AS TO FORM AND LEGALITY Participating Agency Attornhy ATTEST: F • Typed Name: ihin Title: 0 ly 01 rr K Signature page for The City of Sanford PARTICIPATING AGENCY The City of Sanford, a Municipal Corporation of the State of Florida Typed Name: Pr �- Title: APPROVED AS TO FORM AND LEqALITY gency Attorney tjtj10- N Gn o �-- 1JCA PARTICIPATING AGENCY Seminole County Sherifrs Office, A Political Subdivision of the State of Florida ATTEST: rf By: Nicole Nelson Dennis M. Lemma Typed Name: _i _ Typed Name:. _ Title: Executive Administrator Title: Sheriff APPROVED AS TO FORM AND LEGALITY Si 1�•. Participai„ 1g Agency Attorney Signature page for Seminole County Sheriff's Office PARTICIPATING AGENCY Seminole County BCC, A Political Subdivision of the State AT1E ; i - By' -- -- / JAY ZEMBOWER GRANT MALOY Chairman Clerk to the Board of Board of County Commissioners County Commissioners of t Seminole County, Florida Seminole County, Florida Signature page for Seminole County BCC of Florida APPROVE AS TO FORM AND LEGALITY Pa ic' ting Agency Attorney ------------------------------------------------------------------------ Certifie(1 Copy -Grant M>aloy Seminole County Clerk of the Circuit Court and Comptroller Ck rk of else ('ircnit ('ourt an ('umptrollcr i eCertified at 04/25/2024 17:21;04 -04:00 Seminole County, ! lurid eCertified Id: F9D9-7AD4-722Y Page 21 of 29 ATTEST: k�'By, CL Typed Name: a talldc 4 k-(ock ey' Typed Name: Title: bt-4,-k l:ctu �%er�C Signature page for City of St. Cloud PARTICIPATING AGENCY City of St. Cloud, a Municipal Corporation of the State of Florida Title: zt- 1 AP f�OVED AS T� FORM A LEGALITY i Participating Agency Attorney ATTEST: , 4' Typed Name: Title: Signature page for Town of Windermere PARTICIPATING AGENCY Town of Windermere, a Municipal Corporation of the State of Florida l By: Typed Name: S M OS 90 CN Title: (I m ;z To I-) n O hal abvil t -rt APPROVED AS TO FORM AND 1 E GALITY pafing Fgency Attorney J,/ DocuSign Envelope ID: 6A25E3F6-0830-489E-8B32-C36872AF780A ATTEST: '11011IS19ned by: �-a({�.l "4, k aC 3D3D3BO081)CF4AF Typed Name: Kathleen Reed Title: Administrative Coordinator III Signature page for City of Winter Park PARTICIPATING AGENCY City of Winter Park, a Municipal Corporation of the State of Florida --- Doeusi9ned by: By: ( " r.4f1cr FD2929B59BA24BC Typed Name: Randy Knight Title: City Manager APPROVED AS TO FORM AND LEGALITY Docuswoea by: VALA, 41114F,"ting Agency Attorney Attachment A Point of Contact Apopka Police Department POC: Chief Mike McKinley Address: 112 East Sixth Street, Apopka, FL 32703 Email: mmckinlev .aooDka.net Clermont Police Department POC: Chief Charles Broadway Address: 3600 South US Hwy 27, Clermont, FL 34711 Email: cbroadwav(a.clermontfl.ora Kissimmee Police Department POC: Chief Betty Holland Address: 8 North Stewart Avenue, Kissimmee, FL 34741 Email : bettv.hollandCa kissimmee.aov Lake County Sheriff's Office POC: Sheriff Peyton C. Grinnell Address: 360 West Ruby Street, Tavares, FL 32778 Email: peyton.arinnell(@lcso.oro Lake County Department of Public Safety/Emergency Management Division POC: Megan Milanese, Director Address: 425 W. Alfred Street, Tavares, FL 32778-7800 Email: mmilanese(cDlakecountyfl.aov Ocoee Police Department POC: Acting Chief Vincent Ogburn Address: 646 Ocoee Commerce Parkway, Ocoee, FL 34761 Email: voaburn -ocoee.ora Orlando Police Department POC: Chief Eric D. Smith Address: 100 South Hughey Avenue, Orlando, FL 32801 Email: eric.smith-citvoforlando.net Orange County Emergency Management POC: Chief Lauraleigh Avery, Emergency Manager Address: 6590 Amory Court, Winter Park, FL 32793 Email: Lau raleiah.Avery ar )ocfl.net Osceola County Sheriff's Office POC: Sheriff Marcos R. Lopez Address: 2601 E. Irlo Bronson Memorial Hwy, Kissimmee, FL 34744 Email: mlor)ez(a osceola.ora Sanford Police Department POC: Chief Cecil Smith Address: 815 Historic Goldsboro Blvd, Sanford, FL 32771 Email: cecil.smithCa.sanfordfl.aov Seminole County Sheriffs Office POC: Captain Mark Pergola Address: 100 Bush Blvd., Sanford, FL 32773 Email: myeroola(cDseminolesheriff.ora Seminole County Emergency Management POC: Chief Administrator Alan Harris Address: 150 Bush Blvd. Sanford, FL 32773-6179 Email: aharris(cDseminolecountyfl.aov St. Cloud Police Department POC: Chief Douglas A. Goerke Address: 4700 Neptune Road, St. Cloud, FL 34769 Email: doualas.00erke(a-)stcloud.ora Windermere Police Department POC: Chief Dave Ogden Address: 620 Main Street, Windermere, FL 34786 Email: dogden(a�town.windermere.fl.us Winter Park Police Department POC: Chief Tim Volkerson Address: 500 North Virginia Avenue, Winter Park, FL 32789 Email: tvolkerson(a)citvofwinterpark.ora Attachment B Deliverables and Performance State Homeland Security Program (HSGP): HSGP supports the implementation of risk driven, capabilities -based State Homeland Security Strategies to address capability targets set in Urban Area, State, and regional Threat and Hazard Identification and Risk Assessments (THIRAs). The capability levels are assessed in the State Preparedness Report (SPR) and inform planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. Planning Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub -Recipient for the actual cost of successfully completing Planning activities consistent with the guidelines contained in the Comprehensive Planning Guide CPG 101 v.2. For additional information, please see http://www.fema.gov/pdf/about/divisions/npd/CPG_l01_V2.pdf or grant guidance (Notice of Funding Opportunity). For the purposes of this Agreement, any planning activity such as those associated with the Threat and Hazard identification and Risk Analysis (THIRA), State Preparedness Report (SPR), and other planning activities that support the National Preparedness Goal (NPG) and place an emphasis on updating and maintaining a current Emergency Operations Plan (EOP) are eligible. The Sub -Recipient can successfully complete a planning activity either by creating or updating such plan(s). Organization Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub -Recipient for the actual eligible costs for Personnel, Intelligence Analysts, Overtime and Operational Overtime. Exercise Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub -Recipient for the actual cost of successfully completing an exercise which meets the Department of Homeland Security Homeland Security Exercise and Evaluation Program (HSEEP) standards and is listed in A) the State of Florida Multi -Year Training & Exercise Plan (MYTEP), and B) County or Regional TEP for the region in which the Sub -Recipient is geographically located. Information related to TEPs and HSEEP compliance can be found online at: https://www.Ilis.dhs.gov/hseep. For the purposes of this Agreement, any exercise which is compliant with HSEEP standards and contained in the State of Florida MYTEP qualifies as an authorized exercise. The Sub -Recipient can successfully complete an authorized exercise either by attending or conducting that exercise. Training Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub -Recipient for the actual cost of successfully completing a training course listed on the Department of Homeland Security (DHS) approved course catalog. For non -DHS approved courses the Sub -Recipient shall obtain advance FDEM approval using the Non -TED form by contacting their grant manager. The DHS course catalog is available online at: http://training.fema.gov/. For the purposes of this Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized course. The Sub -Recipient can successfully complete an authorized course either by attending or conducting that course. Equipment Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub -Recipient for the actual cost of purchasing an item identified in the approved project funding template and budget of this agreement and listed on the DHS Authorized Equipment List (AEL). For the purposes of this Agreement, any item listed on the AEL qualifies as an authorized item. The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories and equipment standards for HSGP are listed on the web -based version of the Authorized Equipment List (AEL) on the Lessons Learned Information System at http://beta.fema.gov/authorized-equipment-list. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Attachment C Environmental Plannina & Historic Preservation (EHP) Compliance Guidelines ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION (EHP) COMPLIANCE GUIDELINES The following types of projects are to be submitted to FEMA for compliance review under Federal Environmental Planning and Historic Preservation (EHP) laws and requirements prior to initiation of the project: • New Construction, Installation and Renovation, including but not limited to: a Emergency Operation Centers o Security Guard facilities o Equipment buildings (such as those accompanying communication towers) o Waterside Structures (such as dock houses, piers, etc.) • Placing a repeater and/or other equipment on an existing tower • Renovation of and modification to buildings and structures that are 50 years old or older • Any other construction or renovation efforts that change or expand the footprint of a facility or structure including security enhancements to improve perimeter security • Physical Security Enhancements, including but not limited to: o Lighting o Fencing o Closed-circuit television (CCTV) systems o Motion detection systems o Barriers, doors, gates and related security enhancements In addition, the erection of communications towers that are included in a jurisdiction's interoperable communications plan is allowed, subject to all applicable laws, regulations, and licensing provisions. Communication tower projects must be submitted to FEMA for EHP review. EHP DETERMINATION PROCESS I. Submit the Final Screening Memo to the SAA for review prior to funds being expended. II. The SAA will review and notify the Sub -Recipient of its decision. The grantee should incorporate sufficient time and resources into the project planning process to accommodate EHP requirements. III. THE PROJECT MAY NOT BEGIN UNTIL FINAL FEMA APPROVAL IS RECEIVED. Attachment D Proaram Statutes and Reaulations 1) Age Discrimination Act of 1975 42 U.S.C. § 6101 et seq. 2) Americans with Disabilities Act of 1990 42 U.S.C. § 12101-12213 3) Chapter 473, Florida Statutes 4) Chapter 215, Florida Statutes 5) Chapter 252, Florida Statutes 6) Title VI of the Civil Rights Act of 1964 42 U.S.C. § 2000 et seq. 7) Title VIII of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq. 8) Copyright notice 17 U.S.C. §§ 401 or 402 9) Assurances, Administrative Requirements, Cost Principles, Representations and Certifications 2 C.F.R. Part 200 10) Debarment and Suspension Executive Orders 12549 and 12689 11) Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq. 12) Duplication of Benefits 2 C.F.R. Part 200, Subpart E 13) Energy Policy and Conservation Act 42 U.S.C. § 6201 14) False Claims Act and Program Fraud Civil Remedies 31 U.S.C. § 3729-3733 also 31 U.S.C. 3801-3812 15) Fly America Act of 1974 49 U.S.C. § 41102 also 49 U.S.C. § 40118 16) Hotel and Motel Fire Safety Act of 1990 15 U.S.C. § 2225a 17) Lobbying Prohibitions 31 U.S.C. § 1352 18) Patents and Intellectual Property Rights 35 U.S.C. § 200 et seq. 19) Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act 20) Terrorist Financing Executive Order 13224 21) Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) 20 U.S.C. § 1681 et seq. 22) Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104 23) Rehabilitation Act of 1973 Section 504, 29 U.S.C. § 794 24) USA Patriot Act of 2001 18 U.S.C. § 175-172c 25) Whistleblower Protection Act 10 U.S.C. § 2409, 41 US.C. § 4712, and 10 U.S.C. § 2324,41 U.S.C. § 4304 and § 4310 26) 53 Federal Register 8034 27) Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code Urban Area: Orlando Project Title: FFY 2023 Funding Request Amount: 2023 Regional License Plate Reader Program Amount dedicated for LETPA (if none, Enter 0) $ Is the project shareable, deployable or both? both Provide a summary description of the project answering each of the questions below. (spell out all acronyms and abbreviations) What is the scope of the problem (please define the nexus to a threat or act of terronsrna)) The capability to identify, track, and locate vehicles associated with potential threats through active and passive surveillance and search procedures is an identified gap the region needs to enhance. Regional investigative and response efforts to acts of terrorism involving vehicles are key components of our strategy. In an effort to build and sustain our regional capacity, an effort is underway to expand the regional license plate reader program. The Orlando -Orange UASI region is a centralized hub for tourism and transient populations. Within the jurisdictions of Orlando -Orange UASI lies multiple transportation hubs such as the Orlando International Airport, the Orlando Executive Airport, Sun Rail (commuter rail), the future Brightline Rail (inter city rail), as well as the Lynx main bus terminal. These transportation hubs increase the ability for potential terrorists to move freely and quickly to and from the region. The Orlando International Airport alone has more than 21,000 employees and is the busiest airport in the state, seeing more than 55 million passengers a year. The tourist and residential population continues to grow throughout the Central Florida region, thereby creating more opportunities to harm the public. Enhancing the region's ability to build and sustain the capability to detect, track, and locate vehicles involved in threats or acts of terrorism by providing the proper tools to monitor the areas surrounding these hubs is essential. This funding will allow Orlando -Orange UASI jurisdictions to expand the regional UASI License Plate Reader (LPR) program. This grant, UASI FY2023, will allow funds to build out to 10 additional law enforcement agencies, the Orlando Police Department, Orange County Sheriffs Office, Seminole County Sheriffs Office, Wnter Park Police Department. Windermere Police Department, Ocoee Police Department, Kissimmee Police Department, Lake County Sheriffs Office, and Clermont Police Department. The goal is to continue to incorporate additional agencies to the uniform license plate reader platform. Since 2011, the region has been building a network on License Plate Reader platforms. These platforms have consisted of multiple vendors and a wide variety of LPR hardware associated with these programs. Moving forward, the region will be able to share equipment and data seamlessly via the available platforms. This program will support the purchase of fixed, portable, and mobile LPRs. This agreement will allow assets to be focused regionally instead of locally, maximizing the program's effectiveness in Orlando - Orange UASI The State of Florida has been trying to build a program that would allow law enforcement agencies to share license plate data in real-time but has not been successful. The stakeholders in this region have developed strategies to pool resources together to share data across jurisdictional lines with uniformity in information sharing. Grant funds will provide the essential equipment needed to reduce the identified gap- Screening. Search, and Detection are essential in identifying, discovering, or locating threats through both active and passive surveillance/search procedures. Additional LPR equipment will support screening, search, and detection operations, enhancing the regions investigative and response capabilities. What is the overall goal or objective of this project? The project's overall goal is to improve and expand the region's capability to identify, track, and locate vehicles associated with potential threats through active and passive surveillance and search procedures. Data from this program will continue to be shared with all stakeholders and those outside of the region. This is addressed in Florida Domestic Security Strategy GOAL 2: Prevent and deter acts of terrorism, Objective 2.1: Information and Intelligence Sharing - Recognize, gather, analyze, and share terrorism information and intelligence with public and private partners incorporating the established fusion process, Objective 2.2: Interdiction of Threats - Ensure collaboration with public and private partners to Investigate and interdict actionable threats, Objective 2.3: Identify Current and Emerging Threats - Monitor and analyze national and international trend patterns to identify current and emerging threats. Describe the capability gap(s) that this project will address ( only complete this section for new projects, enter NA if a sustainment project). identified N/A Who is affected by the gap N/A are we paying tor? Describe how this project will narrow of N/A Describe the capability this project will sustain. (only complete this section if this Is NOT a new projectJor new projects enter NA) If applicable, list any FEMA grants that have previously provided a role in sustaining the capability. Mat is the current capability sustained by this project Currently, the counties of Orange, Lake, Seminole, Osceola, Volusia, Polk, City of Orlando, Winter Park Police Department, and the University of Central Florida utilize a uniform License Plate Reader Platform. New agencies entering this UASI 2023 program that will also use a uniform LPR platform are the Windermere Police Department, Clermont Police Department, and Ocoee Police Department. Who is affected by the capability, or wiii be affected if the capability All law enforcement agencies are actively using the License Plate Reader technology for live time and investigative purposes. What has already been done to sustain this capability? The current agencies that have already received funds from previous grant cycles have agreed that the more agencies are involved in the program, the more it helps us all enhance inter -agency communication and sharing of information and intelligence. The incorporation of more LPRs will provide more accurate and timely license plate reader data for the region. Will this project sustain the capability at current levels ur sustain it white also narrowing a gap This project will sustain itself as all participating stakeholders will invest from their operating funds to cover the reoccurring expenses related to maintenance or expansion. To date, all stakeholder recipients have continued to do the LPRs sustainment. Select the primary core capablity the project will support Intelligence & Infor Sharing Does this project support one of the National Priority Areas (NPAs)? If so which one and how does the project address the priority? Describe how this project addresses gaps and/or sustainment in the THIRA and SPR for the primary core capability. If there are other relevant capabilities, describe how the project also addresses their gaps and/or sustainment. Page numbers must be provided. This project addresses the functional area of Analysis of Intelligence and Information outlined in the 2020 Orlando -Orange UASI THIRA (pg. 15). The SPR identifies a gap in the planning area, "Intelligence explicitly and information sharing is essential for addressing and sharing information about potential and ongoing threats to the community. There is a need for better regional collaboration." (2020 Orlando -Orange UASI SPR pg. 34). This project also enhances information and intelligence sharing and cooperation with federal agencies by tracking suspected terrorists. and tNMD and biological identified vehicles. The FBI office in Atlanta is a sharing partner on this platform. This fulfills priority 3, listed on page 5 of the FY2021 HSGP NOFO. Additionally, the expansion of the license plate reader system directly impacts the gaps identified in the functional area of Screening. Search, and Detection noted in the 2020 Orlando -Orange UASI THIRA (pg. 17). The 2020 Orlando -Orange SPR identifies the functional area of Screening, Search, and Detection and identifies explicitly the gap in both planning and equipment. The planning area notes, 'Screening, search and detection is essential to Identify, discover, or locate threats and/or hazards through active and passive surveillancelsearch procedures. The equipment area states. 'there is a need for additional equipment that can support screening, search and detection operations' (2020 Orlando -Orange UASI SPR pg. 49). I Florida's Domestic Security Strategic Plan Select one primary and a secondary goal and objective that this project supports. Primary: Prevent-Infor/intell Sharing Secondary: Prevent -Interdiction of Threats I Project Impact Statements Describe the criteria that should be evaluated to determine if this project was a success at the end of the grant performance period. The LPRs can locate vehicle information and location across jurisdictional lines through a shareable system with trackable results. The LPR application allows querying of all entries. A full chronological tracking system by all users is available in the system. A measurable product efficiency report can be derived for this system at any time by all users How will the urban area's capabilities be enhanced by this project? The region will be better equipped to identify, track, and locate vehicles associated with potential threats, improving the investigations and response to incidents of terrorism This system will share comprehensive vehicle data on identified vehicles with other agencies throughout our region and the state of Florida. What is the long-term plan to sustain the capability(ies) developed, enhanced or supported by this project? Each stakeholder w ll rely on internal funding to sustain their programs. Long-term program sustainment depends on a commitment from all the participating stakeholders to back and continue to support this intelligence -sharing partnership. Initial startup costs are the greatest hurdle to this program. 100% of the stakeholders that have started with this program are still using it. Project Implementation and Management Complete the section below if this project supports a previous UASI-funded project(s), funded within the past ten years (list the three most recent years if more than three). Provide the previous project's name, the investment name, the start and end dates of previously funded project(s) and provide the last milestone completed, and the appropriate life -cycle phase. Keep in mind, consider all UASI-funded projects, not just UASI-funded projects received by your agency. For example, when requesting a bomb suit, list the three most recent grant years that bomb suits were purchased for any agency in this urban area with UASI funding. Grant Year. Project. Name/IJ. start/end date -Milestone 2020 UASI, License Plate Reader Program, IJ -Screening, Search, and Detection, 3/9/21-12/31/22. Completed Grant Year, Project Name/IJ, startlend date Last Milestone Life Cycle. 2021 UASI, License Plate Reader Program, IJ -Domestic Violent Extremism Priority Area, 3/12/22-6/30/23. EHP Approvals Needed. Grant Year, Project, Name/U, startlend date fast Milestone Lite Cycle: 2022 UASI, License Plate Reader Program, IJ -Combating Domestic Violent Extremism, TBD. Contract has not been issued by FDEM. Provide up to 10 milestones including the start and end date which will be achieved within the 18 month period of performance. (No start date should begin before September 1, 2023) Milestone Start and End Dates Purchase LPR system 10/1/23-10/31/23 Installation of LPR Cameras and share intelligence with 1 1 /1 /2 3-1 1/30123 Receive 40 million verifiable LPR detections 10/112023 - 9/30/2024 25% increase of platform users in the region 10/1/2023 - g13C/2024 WIII the project require construction, renovation, retrofitting or modifications to an existing struture? (yes or no) No. �rrVon') , ,gFLORIDA - WS _ RQM (X' Item No. D v CITY COMMISSION MEMORANDUM 24,185 JULY 8, 2024 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Cecil E. Smith, Chief of Police SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Resolution No. 2024-3262; City Police Department As Part Of The Urban Area Security Initiative (UASI) Grant Program; Grant Funding And Implementation STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approval of Resolution No. 2024-3262, relating to the City's Police Department participation in the Urban Area Security Initiative (UASI) grant program for the Orlando/Orange Urban Area (O/OUA), for the funding of automated license plate readers, is requested. FISCAL/STAFFING STATEMENT: The UASI grant program provides funding to enhance regional preparedness and capabilities in designated high -threat, high-density areas. The UASI grant program is a program of the United States Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) implemented and administered in the State of Florida by the Florida Division of Emergency Management (FDEM). The UASI grant program assists local efforts to build and sustain the capabilities necessary to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. It provides financial assistance to address the unique multidiscipline planning, organization, equipment, training and exercise needs of these areas, as well as assisting them in building and sustaining capabilities to prevent, protect against, mitigate, respond to, and recover from threats or acts of terrorism using the whole community approach. The FDEM is providing financial assistance to the O/OUA in the amount $3,800,000 less the 5% fee for State management and administration through the Fiscal Year 2023 of the UASI grant program. The approval of Resolution No. 2024-3262 will allow the City to implement its receipt of grant funding on an annual basis. BACKGROUND: The Orange County Sheriff's Office (OCSO) is the recipient for O/OUA UASI grant program funding. The FDEM requires that the urban areas selected for funding take a regional metropolitan area approach to the development and implementation of the UASI grant program. That approach means involving core cities, core counties, contiguous jurisdictions, mutual aid partners and State agencies. Law enforcement agencies within the O/OUA which have been determined to be appropriate are those of the City of Orlando, Orange County, Seminole County, Lake County and Osceola County. The OCSO has expressed its desire to work with the O/OUA participants through the Urban Area Working Group process to enhance the O/OUA and its surrounding jurisdiction's ability to prevent, protect against, respond to and recover from acts of terrorism, or any other manmade or natural disaster. In March, 2024, the OCSO entered into an agreement with the FDEM for a Federally funded sub grant agreement. The annual memorandum of agreements (MOA) are, in essence, implementation of a joint venture between the Cities, Counties, the State and FEMA. The attached spread sheet relates to the "National Priority Regarding Video Surveillance" equipment project for the O/OUA. The spread sheet provides an overview of the entire project which will be managed and monitored by the OCSO. The City's Police Department has had automated license plate readers (ALPRs) on its vehicles and speed trailers for a number of years. The Seminole County Sheriff's Office, the Sanford Airport Authority's police department and the Volusia County Sheriff's Office have ALPRs located within and around Sanford which the City's Police Department uses on a daily basis. The City's Police Department has also requested additional ALPRs in its present and previous budgets. The funding resulting from the MOA O/OUA UASI grant program will increase the City Police Department's available ALPRs thereby enhancing the high quality law enforcement services provided to the City and its citizens (as well as the general public) and will, also, hopefully reduce City expenditures. The City's Police Department focuses funds received on activities occurring, or potentially occurring, within the municipal limits of the City although it collaborates and cooperates with other agencies in the O/OUA Area which agencies reciprocally provide assistance and aid to the City in its efforts The City desires to continue to receive funding from the UASI grant program and to enter and to execute periodic MOAs from time -to -time and engage in implementing procurement activities pertaining to funds received from the UASI grant program. LEGAL REVIEW: The Assistant City Attorney has reviewed and assisted in this matter, prepared Resolution No. 2024-3262, and has no legal objections to the actions proposed. RECOMMENDATION: City staff recommends that the City Commission adopt Resolution No. 2024-3262. 21 SUGGESTED MOTION: "I move to adopt Resolution No. 2024-3262, as proposed." Attachments: (1). Resolution No. 2024-3262. (2). Current year MOA. (3). Spread sheet.