Loading...
2007-LETP-MONR-1-Q4-047 Award • DANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: May 9, 2007 TO: Irene Toner, Director Emergency Management ATTN: Jose Tezanos Emergency Management Planner FROM: Pamela G. Hanc Deputy Clerk At the April 18, 2007, Board of County Commissioner's meeting the Board granted approval and authorized execution of an Application for Funding Assistance reference #2007-LETP-112 between Monroe County and the Florida Department of Law Enforcement FDLE) concerning a Law Enforcement Terrorism Prevention Program Grant in the amount of $100,000.00; and authorization for the County Administrator to execute any other required documentation in relation to the application process. Per our telephone conversation Section #3 Page 1 of 1 has been replaced with a page that removed Section 0648 - Threat Detection Equipment, due to the change by the State. After review, by the County Attorney's Office, it was determined that our office could execute the document without the above-mentioned section. Enclosed are three duplicate originals, executed on behalf of Monroe County, for your handling. Please return the fully executed 'Monroe County Clerk's Office Original" and the 'Monroe County Finance Department's Original" as soon as possible. Should you have any questions please do not hesitate to contact this office. -- cc: County Attorney Finan9e w/o document Filed MEMORANDUM To: Emergency Services Attn: Jose Tezanos From: Isabel DeSantis, Deputy Clerk• Date: September 27, 2007 At the BOCC meeting of April 18, 2007 the BOCC granted approval and authorized execution of the following item: Application for Funding Assistance reference#2007-LETP-112 between Monroe County and the Florida Department of Law Enforcement(FDLE) concerning a Law Enforcement Terrorism Prevention Program Grant in the amount of$100,000.00; and authorization for the County Administrator to execute any other required documentation in relation to the application process. Note: Per Jose, State requires Mayor to sign on behalf of BOCC (will not accept County Administrator). Assistant County Attorney,Pedro Mercado has reviewed and advised BOCC has authorized execution via Agenda Item C-10 @ 4/18/07 BOCC. Should you have any questions concerning this matter,please do not hesitate to contact my office. Cc: County Attorney -Finance File FDLE Florida Department of Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302-1489 (850) 617-1250 www.fdle.state.fi.us Charlie Crist, Governor Bill McCollum, Attorney General Alex Sink, Chief Financial Officer Charles H. Bronson, Commissioner of Agriculture Gerald M. Bailey Commissioner AUG 3 2007 The Honorable Mario Di Gennaro Mayor Monroe County Board of Commissioners County Administration Office 1100 Simonton Street Key West, FL 33040 Re: Contract No. 2007-LETP-MONR-1-Q4-047 Dear Mayor Di Gennaro: The Florida Department of Law Enforcement is pleased to award a Law Enforcement Terrorism Prevention Program grant in the amount of $ 100,000.00 to your unit of government. These funds shall be utilized to implement Florida's Domestic Security Strategic Plan. A copy of the approved subgrant application with the referenced project number and title is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to the Standard Conditions of the subgrant. These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service' Integrity' Respect. Quality The Honorable Mario Di Gennaro Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Martha McWilliams at 850/410-8700. Sincerely, ~'/:J'i1LW~ Administrator CHW/MKM Enclosures State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2007-lETP-MONR-1-Q4-047, in the amount of $ 100,000.00, for a project entitled, KEY WEST AIRPORT SECURITY AND SURVEillANCE, for the period of 03/05/2007 through 01/31/2008, in accordance with the statement of work contained in the subgrant application, and subject to the Florida Department of law Enforcement's Conditions of Agreement and any special conditions governing this subgrant. b M~r;o DiGennaro. Mayor/Chairman Typed Name and Title of Official April 18, 2007 Date of Acceptance ="'Vl.taI1J._~ -/-. ) ~a);J.l, . 11~(<l./ ~1fY et.!!~ :?: ...., = .." C) CJ = Z ):> ..... 1-" ::0 -. '" !'-l .' CJ~i: r'1 -:) '" .- -< -0 ,', N G C" co :;::,;j c: -0 :x ": , - r:-:> -, -;1 C~, '--" e- r' : CJ1 . . " . c:J .. State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: g - 3-17 Grant Period: From: 03/05/2007 TO: 01/31/2008 Project Title: KEY WEST AIRPORT SECURITY AND SURVEILLANCE Grant Number: 2007-LETP-MONR-1-Q4-047 Federal Funds: $ 100,000.00 Total Project Cost: $ 100,000.00 Program Area: 0643: Regional Critical Infrastructure Assessments & Hardening Federal CFDA #: 97.067 Award is hereby made in the amount and for the period shown above of a grant under the Homeland Security Act of 2004, Public Law 108-090, to the above mentioned subgrantee and subject to any attached standards or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Office of Justice Programs, Common Rule for State and Local Governments or OMB Circulars A-87, A-11 0 and A-133, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of Public Law 108-090, as amended. SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certification of Acceptance/ Request for Payment is returned to the department. AutQg~-/:;1 II. if JJJL Clayton H. Wilder Administrator t - 3-11 7 Date ( ) This award is subject to special conditions (attached). State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SPECIAL CONDITION(S)/GENERAL COMMENT(S) Grantee: Office of Criminal Justice Grants Grant Number: 2007-LETP-MONR-1-Q4-047 Grant Title: KEY WEST AIRPORT SECURITY AND SURVEILLANCE In addition to the general conditions applicable to fiscal administration, the grant is subject to the following Special Condition(s)/General Comment(s): Ref# S6611: Prior to the drawdown of federal funds used as a sole source purchase of $1 00,000 or more, a Sole Source Justification must be submitted to and approved by the Office of Criminal Justice Grants. Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention Subgrant Recipient Organization Name: County: Chief Official Name: Title: Address: City: State: Phone: Fax: Suncom: Email: Monroe County Board of Commissioners Monroe Mario Di Gennaro Mayor County Administration Office 1100 Simonton Street Key West FL Zip: 33040 305-289-6000 Ext: 305-289-6306 boccdis4@monroecounty-fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Suncom: Email: dkolhage@monroe-clerk.com Application Ref # Contract 2007-LETP-112 2007 -LETP-MONR-1-Q4-047 Section #1 Page 1 of 2 Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention Implementing Agency Organization Name: County: Chief Official Name: Title: Address: City: State: Phone: Fax: Suncom: Email: Monroe County Emergency Management Monroe Irene Toner Director 490 63rd Street Marathon FL 305-289-6025 305-289-6333 Zip: 33050 Ext: toner -irene@monroecounty-fl.gov Project Director Name: Jose Tezanos Title: Emergency Management Planner Address: 490 63rd Street City: Marathon State: FL Zip: 33050 Phone: 305-289-6325 Ext: Fax: 305-289-6333 Suncom: Email: tezanos-jose@monroecounty-fl.gov Application Ref # Contract 2007-LETP-112 2007-LETP-MONR-1-Q4-047 Section #1 Page 2 of 2 Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention General Project Information Project Title: KEY WEST AIRPORT SECURITY AND SURVEILLANCE Project Sequence No: 1 Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Emergency Management Project Start Date: 3/5/2007 End Date: 1/31/2008 Problem Identification In the event of a declared incident the Key West Airport Fire Department as part of the alldiscipline, all-hazards plan will work in concert to provide cooperation, resources, and support to all the County agencies, municipalities, and our region. This project will enhance local and regional capabilities to respond to incidents of terrorism. Also, augment electronic security and surveillance capabilities within the Key West International Airport envelope, which existing system is rudimentary at best. As we have experienced, adverse and violent foreign situation may result in mass migration to the State and in particular Monroe County. In the event of a civil disturbance created by an act of terrorism, extensive need of law enforcement; mass care by all governmental, public and volunteer agencies; and detention facilities may be required. Mobile, surveillance security, and all hazards equipment requested will address all those needs. The acquisition of this equipment will enhance our ability to communicate with fire-rescue, law enforcement, municipalities, state, federal, and regional agencies; to respond to events that include: high jacking, terrorist activities, hostage situation, mass migration, hurricanes, tornadoes, waterspouts, large fires, hazardous material incidents, airplane crashes, and civil disorders. This equipment will reduce the vulnerability of people and communities in this County to loss of life, injury, or damage and loss of property resulting from natural, technological, criminal, or hostile acts. It will help us prepare for prompt and efficient response and recovery to protect lives and property affected by emergencies. Project Summary The Key West International Airport terminal is in need of purchasing and installing a central console with a multi feed screen for each security camera with the corresponding computer hardware to run it and store data. This equipment is to establish a security command control center inside the existing security quarters. The surveillance system is rudimentary at best. We have six cameras on 24/7 but the video feed comes into a single split screen computer. We would like to secure the use of two hand held, pole mounted electronic snifters to detect explosives in vehicles and unattended baggage. To complement our terrorism response plan we would like to secure bomb containment cylinders, thermal imaging cameras, a cut-off rescue saw, and hazmat equipment including emergency wash down stations, and a Biodetection System; this is an ideal instrument to test material samples used as weaponizable bacterial agents. It will detect the following elements; Anthrax, Plague, Tularemia,Brucellosis, Salmonellosis, Cholera, Typhoid Fever, Q Fever, Psittacosis, Application Ref # Contract 2007-LETP-112 2007-LETP-MONR-1-Q4-047 Section #2 Page 1 of 2 Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention Glanders, Melioidosis, Botulinum, Ricin, Viruses, and New Bacterial Weapons. It will provide our first responders on-site results in minutes, it provides a comprehensive support, easy to use, portable, rugged, reliable, decon-friendly, the manufacturer provides 24/7 technical support service, and is validated by a national laboratory. Should it become necessary, this equipment will enhance our ability to provide safety to our first responders, the citizens of Monroe County, and other regional partners; assisting us with any major terrorist, or emergency incident which the region would need a quick, and accurate reading detection of lethal or harmful bacterial agents. This project request will expand our regionalization collaboration, strengthen CBRNE detection, response and decontamination capabilities. The monitor requested will enhance Monroe County Government and the citizens of Monroe County capability for applications from environmental issues to HazMat and Homeland Security incidents. Application Ref # Contract 2007-LETP-112 2007-LETP-MONR-1-Q4-047 Section #2 Page 2 of 2 Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention Glanders, Melioidosis, Botulinum, Ricin, Viruses, and New Bacterial Weapons. It will provide our first responders on-site results in minutes, it provides a comprehensive support, easy to use, portable, rugged, reliable, decon-friendly, the manufacturer provides 24/7 technical support service, and is validated by a national laboratory. Should it become necessary, this equipment will enhance our ability to provide safety to our first responders, the citizens of Monroe County, and other regional partners; assisting us with any major terrorist, or emergency incident which the region would need a quick, and accurate reading detection of lethal or harmful bacterial agents. This project request will expand our regionalization collaboration, strengthen CBRNE detection, response and decontamination capabilities. The monitor requested will enhance Monroe County Government and the citizens of Monroe County capability for applications from environmental issues to HazMat and Homeland Security incidents. Application Ref # Contract 2007-LETP-112 2007-LETP-MONR-1-Q4-047 Section #2 Page 2 of 2 Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 2006 - Law Enforcement Terrorism Prevention State Purpose Area: 0643 - Regional Critical Infrastructure Assessments & Hardening Objectives and Measures Objective: 0643.01 - Critical Infrastructure Assessments: Provide funding within each RDSTF to conduct critical infrastructure assessments of the "critical of the criticals" of Florida's diverse assets Measure: Part 1 We will provide quarterly Performance Reports summarizing the status of our progress in completing the project. We will include details of any specific problems encountered, delivery dates, etc. Goal: Is to augment electronic security and surveillance capabilities within the Key West In!. Airport envelope. This equipment will reduce the vulnerability of people and communities in this County to loss of life, injury, or damage and loss of property resulting from natural, technological, criminal, or hostile acts. It will help us prepare for prompt, efficient response, recovery, and to protect lives and property affected by emergencies. We would like to accomplish this project within six months Application Ref # Contract 2007-LETP-112 2007-LETP-MONR-1-Q4-047 Section #3 Page 1 of 1 Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention General Financial Info: Note: All financial rem of the Subgrantee Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No SAMAS I Vendor Number: 59-6000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $0.00 $0.00 $0.00 Expenses $0.00 $0.00 $0.00 Operating Capital $100,000.00 $0.00 $100,000.00 Outlay Indirect Costs $0.00 $0.00 $0.00 .. Totals .. $100,000.00 $0.00 $100,000.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # Contract 2007-LETP-112 2007-LETP-MONR-1-Q4-047 Section #4 Page 1 of 3 Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention Budget Narrative: Operating Capital Outlay - The following items are listed by a general name description, brand or model will be provided once quotes are obtained. Unit Description Unit Cost Total Cost 1 Security Command Center with 29,950 29,950 multiple six feed capability and 24/7 surveillance. 1 Hand held, pole Snifters to 20,050 20,050 detect explosives in vehicles and unattended baggage. 1 Bomb containment equipment, 39,050 39,050 thermal imaging cameras, cut-off rescue saw, hazmat equipment, washdown stations. 1 Biodetection System 10,950 10,950 Total Cost $100,000 -------- -------- Application Ref # Contract 2007-LETP-112 2007 -LETP-MON R-1-Q4-04 7 Section #4 Page 2 of 3 Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention Section Questions: Question: Indicate your agency's Operating Capital Outlay threshold. Answer: 1000 Question: Provide a statement of your Procurement Process for the items included in the budget of the grant. (GSA or State Contract, formal bid process, etc.) Answer: The Monroe County Board of County Commissioners (BOCC) Purchasing Policy has various purchasing level and each level is designated a purchasing authority; purchases exceeding 25,000.01 requires BOCC prior approval and Competitive Bid process. Purchases under 25,000.00 require two quote be attached and the following approval authority: $0 - $5000 Dept. Director $5000.01 - $10,000 Division Director $10,000.01 - $25,000 County Admin. $25,000.01 - greater BOCC Application Ref # Contract 2007-LETP-112 2007-LETP-MONR-1-Q4-047 Section #4 Page 3 of 3 Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention Program , Standard Conditions Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with prov~sions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in Item 13 of this section. The subgrant recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs Financial Guide and the U. S. Department of Homeland Security, Office for Domestic Preparedness FY 2004 Homeland Security Grant Program Guidelines and must support the goals and objectives included in the State Homeland Security Strategy for Florida. The Financial Guide incorporates by reference the provisions of the Office of Management and Budget (OMB) circulars and government-wide common rules applicable to grants and cooperative agreements. The subgrant recipient agrees to comply with all federal statutes, regulations, policies, guidelines and requirements. including OMB Circulars, as applicable: :... -=a Administrative Reauirements - OMS Circular A-102 "Grants and'Cooperative Agreements with State and Local Governments" and OMS Circular A-110 "Uniform Administrative Requirements for Grants and' Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations", 48 CFR 31.2 "Contracts With Commercial Organizations" and 45 CFR 74, Appendix E "Principles for Determining Costs Applicable to Research and Development Under Grants and Contracts with Hospitals", FY 2005 Homeland Security Grant Program Guidelines and Application Kit. (http://www.ojp.usdoj.gov/odp/docs/fy05hsgp.pdf.) Cost Principles - OMS Circular A-21 "Cost Principles for Educational Institutions", OMS Circular A-87 "Cost Principles for State, Local, and Indian Tribal Governments", OMS Circular A-122 "Cost Principles for Non- Profit Organizations" Audit Reauirements - OMS Circular A-133 "Audits of States, Locai Governments and Non-Profit Organizations"; Statutorv Authoritv - Public Law 108-090. OMS Circulars may be obtained by visiting the following web address: http://www.whitehouse.gov/omb/circulars/index.html 1. Reports a. Performance Reports: Semi-Annual Project Performance Reports are due on January 10 and July 10, encompassing Jan- June and July-Dee reporting periods (respectively.) Failure to report may result in lack of funding. b. Expenditure Reports: The subgrant recipient shall have a choice of submitting either Monthly or Quarterly Expenditure Reports. All reports are due thirty-one (31) days after the end of the reporting period. The final Expenditure Report must be submitted upon close out of the grant. All reporting and special conditions must be satisfied prior to reimbursement. Failure to comply with the above provisions shall result in forfeiture of reimbursement. c. Other Reports: The subgrant recipient must submit other reports as may be reasonably required by the Department. 2. Project Closeout Project funds that have been properly obligated by the end of the subgrant funding period will have 45 days in which to be liquidated (expended). Any funds not liquidated at the end of the 45-day period will Section #5 Page 1 Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention Program lapse and revert to the Department. A subgrant funded project will not be closed out until the subgrant recipient has satisfied all closeout requirements. ; All refunds or repayments made to the Department under this Agreement are made payable to the order of "Florida Department of Law Enforcement" and mailed to the following address: <t- Office of Criminal Justice Grants Attention: Criminal Justice Initiatives Unit Florida Department of Law Enforcement 2331 Phillips Road Tallahassee,FL 32308 3. Fiscal Control and Fund Accounting Procedures The subgrant recipient must establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project must be disbursed according to provisions of the project budget as approved by the Department. All funds not spent according to this agreement will be subject to repayment by the subgrant recipient. 4. Allowable Costs . _ a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for State. Local and Indian Tribal Governments", or OMB Circular A-21, "Cost Principles for Educational Institutions" and the FY 2005 Homeland Security Grant Program Guidelines and Application Kit. '---"& b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-110 and Florida law to be eligible for reimbursement. 5. Travel and Training a. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. b. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 6. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities set forth in the approved agreement; b. Budget deviations that do not meet the fpllowing criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c. Transfers of funds above the ten (10) percent cap shall be made oniy if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, i.e., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) Under no circumstances can transfers of funds increase the total budgeted award 7. Reimbursement Subject to Available Funds Section #5 Page 2 Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention Program The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funding. 8. Advance Funding Advance funding may be authorized for each project according to Section 216.181(16)(b), Florida Statutes, the OJP Financial Guide, the FY 2005 1'1omeland Security Grant Program Guidelines and Application Kit, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the OCJG justifying the need for such funds 9. Excusable Delays Except with respect to defaults of consultants, the subgrant recipient will not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include but are not limited to acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the subgrant ~~~ .- If failure to perform is caused by failure of a consultant or third party to perform or make progress, and if such failure arises out of causes beyond the control of the subgrant recipient and the consultant, and without fault or negligence of either of them, the subgrant recipient will not be deemed in default, unless: a. Supplies or services to be furnished by the consultant were obtainable from other sources; b. The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources; and c. The subgrant recipient failed to reasonably compiy with such order. Upon request of the subgrant recipient, the Department will ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule will be revised accordingly. 10. Obligation of Subgrant Recipient Funds Subgrant recipient funds must not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the grant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for funding under this subgrant. A cost is incurred when the subgrant recipient's empioyee or consultant performs required services, or when the subgrant recipient receives goods, notwithstanding the date of order. 11. Review of Consultant Contracts The Department shall review all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Review shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The review of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Performance of Agreement Provisions Section #5 Page 3 Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention Program In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department will impose sanctions it deems appropriate including withholding payments and cancellation, termination or suspension of the agreement in whole or in part. In such an event, the Department will notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient will be paid only for those services satisfactorily performed prior to the effective date of such sanction. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of Florida Department of Law Enforcement and mailed directly to the Department at the following address: Office of Criminal Justice Grants Attention: Criminal Justice Initiatives Unit Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 13. Access to Records __ The Florida Department of Law Enforcement; the U.S. Department of Homeiand Security, Office of Domestic Preparedness; and the Auditor Generai of the State of Florida; the U.S. Comptroller General . or any of their duly authorized representatives, will have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Office of Justice Programs' Financial Guide, as amended. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency or contractor refuses to allow public access to all documents, papers, ietters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant or its contractor in conjunction with this agreement. 14. Audit a. Subgrant recipients and Implementing Agencies that expend $500,000 or more in a year in federal awards must have a single or program-specific audit conducted for that year. The audit must be performed in accordance with the federal OMS Circular A-133 and other applicable federal iaw. The contract for this agreement must be identified with the subject audit in The Schedule of Federal Financial Assistance. The contract must be identified as federal funds passed-through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient must submit an annual financial audit which meets the requirements of Chapters 11.45 and 215.97, Florida Statutes; and, Rules 10.550 and 10.600, Florida Administrative Code.. b. A complete audit report which covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report must include any management letters issued separately and management's written response to all findings; both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned. c. The subgrant recipient must have all audits completed by an independent public accountant (lPA). The IPA must be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient andlor Implementing agency must take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal iaws and regulations. Section #5 Page 4 Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention Program ; e. The subgrant recipient and/or Implementing Agency must ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report Is issued, unless extended in writing by the Department. f. Subgrant recipients and/or Implementing Agencilis that expend less than $500,000 in federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case, written notification must be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice must be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disaliowed costs identified in an audit completed after such closeout. h. The completed audit reports should be sent to the following address: Office of Criminal Justice Grants Attention: Criminal Justice Initiatives Unit Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 15. Retention of Records The subgrant recipient must maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 16. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs' Financial Guide, as amended or OMB Circulars A-110 or A-102, as applicable. 17. Property Accountability The subgrant recipient agrees to use all non-expendable property for domestic security purposes during its useful life or request Department disposition. The subgrant recipient must establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs' Financial Guide, as amended or the federal OMB Circulars A-110 or A-102, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 18. Disputes and Appeals The Department will make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and will distribute its response to all concerned parties. The subgrant recipient must proceed diligently with the performance of this agreement according to the Department's decision. If the subgrant recipient appeals the Department's decision, it must be submitted in writing to the Department's agency clerk within twenty-one (21) calendar days of receipt of notification. The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Chapters 28-5 and 9-5, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. Section #5 Page 5 Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention Program 19. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, representatives of the Department andlor the U.S. Department of Homeland Security have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 20. Publication or Printing of Reports ~ The subgrant recipient must submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the subgrant recipient's or government's expense, must contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by grant award number 2004-GE-T4-0010 awarded by the U.S. Department of Homeland Security, Office of Domestic Preparedness. Points of view within this document are those of the author and do not necessarily represent the official position of policies of the U.S. Department of Homeland Security." 21. Equal Employment Opportunity (EEO) All subgrant recipients are required to comply with nondiscrimination 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 A'2t_ of 1973, as amended; Subtitle A, Titie 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 reguiations on disability discrimination, 28 CFR Part 35 and Part 39. The subgrant recipient acknowledges, by completing and signing the attached EEO Certification Letter that failure to submit an acceptable Equal Employment Opportunity Plan approved by the Office for Civil Rights (if subgrant recipient is required to submit one pursuant to 28 CFR 42.302), is a violation of its certified assurances and may result in suspension of funding obligation authority. Submission of this certification letter is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formuiated, implemented and maintained such a current written EEO Program, they have 120 days after the date of this agreement to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.c. 3783 (a) and CFR Section 42.207 Compliance Information; Title VI of the Civil Rights Act of 1964, as amended; and Department of Justice regulation 28 CFR Part 42, Subparts C, D, E. If any court or administrative agency makes a finding of discrimination on the grounds of race, color, religion, national origin, gender, disability or age against a subgrant recipient of funds, the subgrant recipient must agree to forward a copy of the findings to the USDOJ Office of Justice Programs (OJP), Office for Civil Rights. All subgrant recipients must provide the OJP Office for Civil Rights with an Equal Opportunity Plan, if required to maintain one, where the subgrant award is $500,000 or more. 22. Americans with Disabilities Act 1990 Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law (P.L.) 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Titie I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). (Reference Title Ii of the Americans with Disabilities Act and Department of Justice regulation 28 CFR Part 42. Part 35; and Title IX of Education Amendments of 1972 and Department of Justice Regulation 28 CFR Part 54.) Section #5 Page 6 Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention Program 23. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant recipient to certify it will not enter into any lower tiered covered transaction with a party that is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. <to A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime 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. 24. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 25. Federal Restrictions on Lobbying _ _ The subgrant recipient agrees to comply with Section 319 of P,L 101-121 set forth in "New Restrictions on Lobbying; Interim Final Rule," published in the February 26, 1990, Federal Register. . _ Each person must file the most current edition of this Certification and Disclosure Form, if applicable, with each submission that initiates agency consideration of such person for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was pi aced when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. The undersigned certifies, to the best of his or her knowledge and belief, that: a. No federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal 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 loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. b. If any non-federal funds have been paid or will be paid to any person for influencing or attempting to influence 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 must complete and submit the standard form, Disclosure of Lobbvina Activities, according to its instructions. c. The undersigned will require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients must certify and disclose accordingly. 26. State Restrictions on Lobbying In addition to the provisions contained herein, the expenditure of funds for the purpose of lobbying the state Legislature or a state agency is prohibited under this contract. 27. Political Activities Limitations The subgrantee assures that it will comply with provisions of federal law which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or part by federal grants (5 USC 1501, et seq.) Section #5 Page 7 Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention Program 28. Fair labor Standards The subgrantee assures that it will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 29. Environmental Protection Agency's (EPA) List of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervIsion which will be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used is under consideration for listing by the EPA. 30. Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 31. National Historic Preservation Act ~ 40 The subgrantee Will assist the Department 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 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 Florida Department of Law Enforcement of the existence of any such properties and by b. complying with all requirements established by the Federai grantor agency to avoid or mitigate adverse effects upon such properties. 32. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (PL 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 33. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist the Department in complying with the NEPA and other reiated federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds: (1 )New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 DO-year flood plain; (3)A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a)purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the Section #5 Page 8 Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention Program subgrantee, upon specific request from the Department and the U.S. Department of Justice (DOJ), agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 34. Signature Authority Both the Subgrant Recipient Authorizing Official ortlesignated Representative and the Implementing Agency Official, Administrator or Designated Representative who sign the Signature Page have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source and the ADP Justification forms. The Project Director has authority to submit requests for approval of specific travel, Financial and Performance Reports, with the exception of the Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 35. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 36. Personnel Changes " 4a Upon implementation of the project, in the event there is a change in Chief Executive Officers for !h~ . Subgrantee or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 37. Supplanting The subrecipient agrees that funding under this award wili be used to suppiement, but not supplant, state or local funds for homeland security preparedness. Costs aliocated or included in any other federaliy financed program must not be included. 38. Use of Funds The subrecipient understands and agrees that it cannot use any funding under this award either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the awarding agency. 39. Categorical Exclusions The subrecipient understands that funding under this award is to enhance its capabilities to prevent, respond to and recover from incidents of terrorism involving chemical, biological, radiological, nuclear or explosive weapons and cyber attack. Equipment purchases for this subgrant are restricted to 18 categories that range from personal protective equipment to search and rescue equipment, to cyber security equipment and related costs. This action consequently meets the OJP's criteria for categorical exclusion as contained in Title 40, paragraph 4(b) of Appendix D to Part 61, CFR. Additionaliy, the proposed action is neither a phase nor a segment of a project which when viewed in its entirety would not meet the criteria for a categorical exclusion. None of the foliowing activities will be conducted either under this action or a related third party action: 1 . New construction 2. Any renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located within a 100-year flood plain. 3. A renovation which will change the basic prior use of a facility or significantly change its size. 4. Research and technology whose anticipated and future application could be expected to have an effect on the environment. 5. Implementation of a program involving the use of chemicals. 40. Authorized Equipment Expenditures The equipment, goods, and supplies ("the eligible equipment") purchased with funds provided under this agreement are for the purposes specified in "Florida's Domestic Security Strategy". Equipment Section #5 Page 9 . , Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention Program purchased with these funds will be utilized in the event of emergencies, including, but not limited to, terrorism-related hazards. The subrecipient shall place the equipment throughout the State of Florida in such a manner that, in the event of an emergency, the equipment can be deployed on the scene of the emergency or be available for use at a fixed location within two (2) hours of a request for said deployment. The Florida Department of Law Enforcement (FDLE) must approve any purchases of equipment not itemized in a project's approved Initial Strategic Implementation Plan (ISIP) in advance of the purchase. The subrecipient will, in accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the "Florida Domestic Security Strategy," ensure that all equipment purchased with these funds is used to respond to any and all incidents within its regional response area as applicable for so long as this Agreement remains in effect. Prior to requesting a response, the FDLE will take prudent and appropriate action to determine that the level or intensity of the incident is such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. The subrecipient shall notify the FDLE Office of Domestic Preparedness at 2331 Phillips Road, Tallahassee, Florida 32308 one year in advance of the expiration of the equipment's posted shelf-life or normal life expectancy or when it has been expended. The subrecipient shall notify the FDLE immediately if the equipment is destroyed, lost, or stolen. ~.c;& The subrecipient Shall not transfer, rent, sell, lease, alienate, ,donate, mortgage, encumber or otherwise dispose of the eligible equipment without the prior written consent of the FDLE. . . 41. Memorandum of Understanding (MOU) Requirements The Department Reserves the right to require that applicants of funding under this agreement must enter into a formal MOU with the local unit of government or urban area, specifying the amount of funds to be retained by the state and the intended use of the funds. This MOU request must be initiated by the local unit of government or urban area. Agencies are encouraged, but not required to submit these MOUs to their Office of Domestic Preparedness Officer for the review to ensure compliance. A final, executed copy of the MOU must be submitted along with the application for funding to the Department and must be available to the Department of Homeland Security upon request. Section #5 Page 10 Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whlteout, etc. are not StalIe of Florida Oepnnent of ..... Enforcement 0fIlce of Crlmlnal J'*IctI Grants Signature: (lp,t. JJ. Lt~~~ J lj'1in!slrator Typed Name and 8'- 3 - (; 7 Date 8ubgnInt RecIpIent AutIIo. bdl." 0.181 of Governmental Unit (Commission ChlIlrman. Mayor, or DealgnatH RepnlHntatlvll) Typed Name of Subgrant Monroe County Board af. County Commissioners Signature: ~4..<~4~e Date Mayor Mario DiGennaro, Chairman A,'H >S. ,,,, ... ~::.L Implemenltng Agency >",."" . Ottlclal, Admlnlatlft){ or DeaIgnatH Rep.......1liIMI Typed Name and Signature: Typed Name and Date Monroe County Emergency Management F7TJkM Typed Name of Implementing T~~n~ ~nn~r. nirp~rnr JUREl NTY ATTOANEY3'/~V.J 7 Application Ref # Contract 2007-LETP-112 -LETP-MONR- - - Section #6 Page 1 of 1 Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention Section 7: Certifications and Authorizations <" Insert Certifications and Authorizations here. :...=& Application Ref # Contract 2007 -LETP-112 -LETP-MONR- - - Section #7 Page 1 of 1 Application for Funding Assistance Florida Department of Law Enforcement Law Enforcement Terrorism Prevention Program I. EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION (SUBGRANT RECIPIENT) Mr. Clayton H. Wilder Community Program Administrator Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements for the Subgrant Recipient Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe S~~~tS~f 1968 as amended, that the Subgrantee (Subgrant Recipient). . . (Select one of the fOIlOWi~. , . _Meets Act Critena Does not meet Act Critena I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant ReciPi/, (Select one of the following): -VHas a Current EEO Plan _Does Not Have a Current EEO Plan I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or ce loss ~f~~j Signature of Subgrantee Authorized Official Type Name: Mayor Mario DiGennaro Title: Chairman, Monroe County of County Commissioners Subgrant Recipient: Monroe County Board. Date: April 1 R. 7007 .~=s~ Mr?tf~~?f;t~g ASSI~~~N~OC'bU~~~:T~~~'E~ ':;PI Co 7 Date / f ! LETP Application EEO Certification Page 1