09/19/2007 Agreement
MEMORANDUM
To:
Peter Horton, Airports Director
From:
Isabel DeSantis, Deputy Clerk f ' l,
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September 27, 2007
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Date:
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At the BOCC meeting of September 19, 2007 the BOCC granted approval and authorized
execution of the following item:
Approva:i to accept an Assistance Award from the Transportation Security
Administration, to supplement local funds for required security at the Key West
International Airport.
Attached hereto are four (4) duplicate originals ofthe subject document for your
handling. Please be sure that the sets stamped Monroe County Clerk's Office Original
and Momoe County Finance Department's Original are returned to my attention as
quickly as possible.
Should you have any questions concerning this matter, please do not hesitate to contact
my office.
Cc: County Attorney
Finance, w/o doc.
File \//-'
. M... Cout)' Clerk'. OftIee 0rfgIaI
.. ~rtation
Security
Adminii;tration
ASSISTANCE AWARD
2 AWARD NUMBER
3 REQUISITION NUMBER
1 AWARD TYPE
Grant
" Cooperativl9 Agreement
HSTS0208HSLR360
2107208SLR360
5 ISSUED BY
Name & Address:
Transportation Security Administration
Transportation Credentialing & Sector Network
Management
10W408N, TSA-25
601 S. 12th Street
Arlington VA 22202
Ted Fernandez, 571-227-3202, FAX 571-227-1392
email: tedJernandez dhs. ov
APPLICATION TITLE & DATE
4 RECIPIENT
Name & Address: EYW
Key West IntElrnational Airport
Monroe County Sheriffs Office
3491 South Roosevelt Blvd.
Key West FL 330405295
6
Law Enforcement Officer Reimbursement Agreement Program
Dated: 7/30/2007
7 AWARD PERIOD
Total Project Period 10/1/2007 through 9/30/2012
Effective Date: Date of Signature by TSA Grants
Officer
9 RECIPIENT PROJECT COORDINATOR
Mr. Jerome Fain
Key West International Airport
Monroe County Sheriff's Office
3491 South Roosevelt Blvd.
Key West FL 330405295
305-296-8099
kwsheriff bellsouth.net
11 ADMINISTRATIVE DATA
CFDA Number: 97.090
Program: Chief Operating Officer
Legislative Authc)rity: 49 U.S.C. ~~ 106(m) and
114(m)
13 AUTHORIZED SIGNATURES
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I Date
L
Recipient's Signature
,,110 (10 llis..f V)CU
TYPED NAME AND TITLE
(:LER~
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8 FISCAL DATA
Federal Share: $306,162.00
Non-Federal Share: $0.00
Total Project Cost
Appropriation No.
5AV078AOOOD2007ADE011GE000031006100616SL
R 59063048001700004101 F = $0.00
Obli ated: $0.00
10 TSA GRANTS OFFICER TECHNICAL
REPRESENTATIVE GOTR
Aimee Jackson, Program Manager
Transportation Security Administr!!tio'\::,
601 S. 12th Street, TSA-18 ~ i:
EastTower (E8-206S) ;:5 <:6'
Arlington, VA 22202 ro'.~,~.
Telephone: 571.227.1532 :;'-0'
e-Mail: aimee.'ackson dhs. ov d
12 FAADS DATA '~n'
City Code: 36556 ~r l'
State Code: 12 r- In (,.) C
>.-' e,.)
County Code: 087
Congressional District 01
EIN: 5960000749 DUNS: 155639339
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OCT - 3
LOG?
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Grants Officer's Sign
Date
Ted Fernandez. Contractina Officer (Grants)
TYPED NAME AND TITL'RECEIVED
OCT 2 2 2007
AIRPORT ADMIN'/ff
PEDRO J. RCADO I
Da~SSISTANT co NTY ATTORNEY Ci(/'<;(U 7
DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
COOPERATIVE AGREEMENT
TERMS AND CONDITIONS
COOPERATCiR: Key West International Airport
AGREEMENT NO: HSTS0208HSLR360
ARTICLE I - AUTHORIZING LEGISLATION
(a) The Homeland Security Act of 2002, H.R. 5005-8, P.L. 107-296
(b) 49 U.S.C. 99106(m) and 114(m)
ARTICLE II - IPROGRAM DESCRIPTION
The Recipient and the Transportation Security Administration as part of this cooperative effort
through the FSD and the Law Enforcement Officer Reimbursement Agreement Program will deploy
and train sufficient law enforcement officers to meet their dual responsibility of ensuring the
safety of passengers and to counter risks to transportation security. Pursuant to 49 U.S.C. 9
44903(c) and 49 C.F.R. Part 1542, each Airport Operator is required to establish an airport
security progr:am that provides a law enforcement presence and capability at the airport that
adequately ensures the safety of passengers and national security. The work described in the
Statement of ,Joint Objectives (SOJO) is made part of this Cooperative Agreement as
Attachment 1.
ARTICLE III -. BUDGET AND PROJECT PERIOD
A. Proiect Period:
1. The Project Period shall be five years from 10/1/2007, the start date of this Cooperative
Agreement, through 9/30/2012 contingent on acceptable performance by the Recipient of
the program approved under this award and any TSA modifications and the availability of
appropriated funds.
2. The Re,cipient shall not request reimbursement or incur costs or obligate funds for any
purpos,e pertaining to the operation of the project, program, or activities prior to or beyond
the expiration date of the performance period.
ARTICLE IV - AMOUNT OF AWARD
A. The total estimated cost of the TSA share for the performance of this award is $306,162.00.
Costs reimbursed hereunder shall in no event exceed the amount obligated by modification
without pric)r written approval of the Contracting Officer.
B. Funds for future Fiscal Years are contingent upon availability of funds. Recipient may
receive a dlecrease in funding based on funding availability, number of Recipients, and/or
project under runs. Should funds become available; a modification to the Cooperative
Agreemenlt will be issued to obligate the additional funds.
C. This CoopEirative Agreement is for the administration and completion of an approved
Homeland SecuritylTransportation Security Administration program or project within the
Performance Period. Cooperative Agreement funds shall not be used for other purposes.
D. The reimbursable costs for this award include but are not limited to:
a. Fully burdened salary rate of a Police Patrol Officer as described in Attachment 1.
b. TSA furnished training and/or security briefings.
E. No transfE~r of funds to agencies other than those identified in the approved grant
application shall be made without prior approval of the TSA Contracting Officer.
F. The Partic:ipant shall follow the appropriate OMB Circulars for administrative and cost
principles guidance and OMB Circular A-133 Audit of States, Local Governments and Non-
Profit Organizations in the implementation of this award.
ARTICLE V - COST -SHARE/MATCH
This program has no statutory formula and no matching requirements.
ARTICLE VI -- MAINTENANCE OF EFFORT/SUPPLANTING OF FUND
Funds approved under this Cooperative Agreement shall be used to supplement and shall not
be used to supplant State or local funds dedicated to this effort. The Participant may be
requested to llUPPOrt maintenance of effort through documentation supporting previous years
budgets dedic:ated to this effort.
ARTICLE VII- TRANSPORTATION SECURITY ADMINISTRATION OFFICIALS
A. TSA officillls for the Cooperative Agreement are as follows:
1. The Program Officer (PO) shall be the Office of Law EnforcemenVFAMS staff member
3
responsible for monitoring the completion of work and technical performance of the
projects or activities described in the application under the Statement of Joint Objectives
(SOJO).
The Prl)gram Officer is Aimee Jackson. The contact information for the PO and his
alternate is listed below:
Aimee Jackson
Program Manager
Transpo,rtation Security Administration
601 S. 12th Street, TSA-18
East Tower (E8-206S)
Arlingtol1, VA 22202
Telephone: 571.227.1532
e-Mail: aimee.jackson@dhs.gov
LEO Pr')gram Technical Representative
Wendy Palacio
601 S. 112'" StreetTSA-18
East Tower (E8-207S)
Arlington, VA 22202
TelephlJne: 571.227.2451
e-Mail: wendy.palacio@dhs.gov
Grants Officer Technical Representativel Budget and Finance
Aimee Jackson
Transp,ortation Security Administration
OLE/FAMS/LEO Program, TSA-18
601 S. 12th Avenue, E8-206S
Arlingtcm VA 22202
Teleph,one: 571.227.1532
e-Mail: aimee.jackson@dhs.gov
2. The Grants Officer is the only TSA official that has the full authority to negotiate,
administer and execute all terms and conditions of the Cooperative Agreement in
concurrence with the Program Officer. The Contracting Officer is
Ted Fernandez
Contracting Officer (Grants)
Transportation Security Administration
Transportation Credentialing & Sector Network Management
10W-408N, TSA-25
601 S. 1 zlh Street
Arlington VA 22202
Teleph,one: 517-227-3202, FAX 571-227-1392
e-Mail: tedJernandezaildhs.aov
ARTICLE VIII- TRANSPORTATION SECURITY ADMINISTRATION INVOLVMENT:
4
Complete participation in this program is described in Attachment 1.
ARTICLE IX -. Terms and Conditions:
FOIA: All requests for information, to include those under the Freedom of Information Act or
Privacy Acts, will be forwarded to the TSA Program Officer. The TSA Program Officer will
coordinate a n~sponse with the TSA FOIA Office.
Oraanization Staffina: The project shall be staffed and organized by the Participant to satisfy its
assigned mission and to perform its required functions.
Insurance: The Participant shall at all times during the duration of this Agreement maintain
insurance or be self insured relating to the project and Participant employees covering property,
fire, casualty, liability, life, worker's compensation, and all other forms of insurance customarily
obtained by entities in the same industry. The Participant will not insure TSA agents,
contractors, or anyone else against any of these risks.
Public Affairs: All public affairs activities related to project(s) sponsored under this award, and its
activities must be approved by TSA. This does not preclude the Cooperator's personnel from
participating in public affairs activities not related to project(s) sponsored under this award solely
as agents of the Cooperator.
CODvriaht: The Participant is free to copyright any original work developed in the course of or
under the agrE~ement. The TSA reserves a royalty-free, nonexclusive and irrevocable right to
reproduce, publish, or otherwise use, and to authorize others to use, the work for Government
purposes. Any publication resulting from work performed under this agreement shall include an
acknowledgement of TSA financial support and a statement that the publication does not
necessarily reflect TSA's views.
Contract Provisions: All contracts executed under this Cooperative Agreement will contain the
contract provisions listed under the OMS Circular A-1 02, Common Rule, section 36 (i) Contract
provisions or OMS Circular A-110, section 48 Contract Provisions.
Environmental Reauirements: Cooperators are encouraged to integrate National Environmental
Policy Act (NEPA) compliance and related legislation with the initial planning and selection
process for this program. Cooperators are encouraged to coordinate with the TSA
Environmental Officers in complying with NEPA and Historic Preservation Act requirements.
Local Permits: Prior to the start of any construction activity, the Participant shall ensure that all
applicable Federal, State, and local permits and clearances are obtained.
Publications: Iln compliance with the Section 623 of the Treasury, Postal Service, and General
Government Appropriations Act, 1993, and reenacted in Section 621 of the fiscal year 1994
Appropriations Act requires that all recipients disclose the amount and percentage of Federal
funding and funding from non-governmental sources when making public announcements about
Federally-funded projects in the amount of $500,000 or more.
Termination: Either the Participant or TSA may terminate the Cooperative Agreement by giving
written notice 110 the other party at least thirty (30) calendars days prior to the effective date of the
5
termination. Alii notices are to be transmitted via registered or certified mail, return receipt
requested. The Cooperator's authority to incur new costs will be terminated upon arrival of the
date of receipt of the letter or the date set forth in the notice. Any costs incurred up to the earlier of
the date of the receipt of the notice or the date of termination set forth in the notice will be
negotiated for 'final payment. Closeout of the Cooperative Agreement will be commenced and
processed as under OMB Circular A-102, Common Rule .50 Closeouts.
Buv America: The Grantee, Subgrantees and contractors receiving funds from this grant shall
comply with the Buy American Act (41 U.S.C. 10a et seq.) unless it is determined that it is
inconsistent with the public interest, impracticable to comply with such a requirement or that it
would unreasonable increase the cost of articles, materials, or supplies. The exception shall be
noted in the specifications and documentation to justify the exception will be retained in the
grant file for rE~cord.
ARTICLE X - REQUEST FOR REIMBURSEMENT
A. Payment under this award will be authorized by the reimbursement payment method (using
the SF 270, "Request for Advance or Reimbursement") in compliance with information
provided in the SF 424A, "Budget Information" with supporting invoice document.
B. The TSA will reimburse the Recipient monthly for amounts expended for the activities
described in the SOJa. The amount of $61 ,232.40 is hereby estimated for obligation at the
time of Modification 1 for the categories outlined in the SOJa, Attachment 1.
Recipient is required to provide mandated Law Enforcement Services regardless offunding level or
period fundin~1 is received.
C. Requests 'for reimbursement SF270's must be submitted to the FSD or FSD Designee for
certification within 30 days of the end of the monthly period of performance (ex. SF 270's for
January's period of performance must be submitted no later than February 28th).shall be
submitted monthly through the local FSD office at the address listed in Attachment 1.
Detailed dl~cumentation must be available for each item for which reimbursement is
requested; for example, checkpoint logs, timesheets, and/or appropriate validation from
payroll for each individual Law Enforcement Officers' fully burden salary rate as described in
Attachment 1 .
D. Include banking information and DUNS number on all SF270's submitted.
E. Participant must be registered in the Centralized Contractor Registration (CCR) at CCR.gov.
Banking in'formation and DUNS number reflected on SF270 must match information contained in
the Recipil3nt's CCR account. Inaccurate information may result in payment delays.
F. In the event of non-compliance with all or portion of the terms and requirements of this
Cooperative Agreement, or if a disagreement arises on the interpretation of the provisions of
this CoopE~rative Agreement, or modifications and/or revisions thereto, the Program Manager
and Grants Officer in consultation with the FSD will attempt to resolve the matter. If the
matter cannot be resolved, the Contracting Officer will determine with the FSD and Program
Manager the materiality of the breach and/or resolution of the interpretation of the
Cooperative Agreement and the appropriate action(s) that may be taken. The Contracting
6
Officer's dEltermination and proposed action will be in writing and shall be presented by the
FSD and/or the Contracting Officer. The Recipient may use the Alternative Dispute
Resolution (ADR) process to appeal.
ARTICLE XI- FINANCIAL REPORTS
A. FINANCIAL STATUS REPORT: The Recipient shall submit financial reports (SF 269,
Financial Status Report) to the appropriated Awarding Office within 30 days after end of
each budget period.
B. Final Financial Status Reports are due 90 days after the close of each* Recipient fiscal year.
C. Submit Financial reports to: Grants Officer, Block 5, face page of this agreement.
ARTICLE XII .- PERFORMANCE REPORTS
A. The Program Officer shall review the monthly Certification sheets submitted by the Federal
Security Director.
B. The annual performance review shall consist of a comparison of the following:
. LEO evaluation/certification results
. ASI Compliance Reports
. Consolidated invoiced and actual cost reports
ARTICLE XIII- COOPERATIVE AGREEMENT MODIFICATIONS
A. Changes ~lnd/or modifications to this Agreement although done unilaterally shall be in writing
and signed by the TSA Grants Officer. The modification shall cite the Cooperative Agreement
number and shall set forth the exact nature of the change and/or modification. No oral
statement by any person shall be interpreted as modifying or otherwise affecting the terms of
this Agreement.
B. All requests for interpretations of this Agreement or modifications to it shall be submitted in
writing to the TSA Grants Officer.
C. EXTENSION REQUEST:
1. Extensions to the performance period can only be authorized in writing by the TSA
Grants Officer with the concurrence of the TSA Program Officer.
2. Reque:sts for time extensions to the Performance Period will be considered but will not be
granted automatically and must be supported by adequate justification to be processed.
The ju!.tification is a written explanation of the reason or reasons for the delay; an outline
of remaining funds available to support the extended Performance Period; and a
7
description of performance measures necessary to fulfill regulatory requirement. Without
financiatl status reports current and justification submitted, extension requests shall not be
processed.
3. TSA has no obligation to provide additional funding as a result of an extension. All
modific,ations to the award to increase funding or to extend the Performance Period are at
the SOIEl discretion of the TSA staff involved in this Cooperative Agreement.
ARTICLE XIV - AUDIT REQUIREMENTS
Cooperators must follow the audit requirements under OMS Circular No. A-133, Audits for
States, Local Governments and Non-Profit Organizations. Non-Federal entities that expend
$500,000 or more of Federal funds in their fiscal year shall have a single or program-specific
audit conductEld for that year in accordance with the provisions of A-133.
ARTICLE XV - GENERAL PROVISIONS
The following are hereby incorporated into this agreement by reference as applicable:
31 CFR 205 Rules and Procedures for Funds Transfers
OMS Circular A-1 02 Uniform Administrative Requirements for grants and Cooperative
Agreements with State and Local Governments
OMS Circular A-87 Cost Principles for State and Local Governments
OMS Circular A-11 0 Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations
OMS Circular A-21 Cost Principles for Educational Institutions
OMS Circular A-122 Cost Principles for Nonprofit Organizations
For-profit organizations are subject to the provisions of 48 CFR Part 31, "Contract Cost
Practices and Procedures."
Application
Cooperative Agreement Application and Assurances contained therein
received by TSA on 7/30/2007 and/or as amended on
End of Cooperative Agreement HSTS0208HSLR360
8
Attachment I
TRANSPORTATION SECURITY ADMINISTRATION
AIRPORT LAW ENFORCEMENT PERSONNEL PROGRAM
STATEMENT OF JOINT OBJECTIVES
Program Narrative Statement
This document defines the responsibilities and conditions that the Monroe
Countv Airoort Deoartment (hereinafter referred to as the "Participant") agrees to
as part of Transportation Security Administration (TSA) Airport Law Enforcement
Personnel Program, hereafter referred to as the "Program." This document also
defines responsibilities and participation of the TSA.
The authority to enter into this agreement is granted by 49 U.S.C. !i!i 106(m)
and 1114(m). TSA has programmatic authority for the activities undertaken in
this Cooperative Agreement pursuant to 49 U.S.C. !i!i 114(g), 44901 (g),
44903(e) and 44922(f). The effective date of the Cooperative Agreement
will be the date of the signature by the TSA Grant Officer, with a pre-
agreement date based upon the date of the last signature on this Statement
of Joint Objectives.
The P,articipant agrees to provide qualified law enforcement services on-site at
the ~,v West International Airoort\ during airport operating hours and to provide
law enforcement response to the security passenger-screening checkpoints in
keeping with requirements provided by TSA in accordance with the current
Security Directive 1542-01-07 (series), or other regulations and documents
regarding law enforcement services.
The TSA will provide partial reimbursement support for on-site response to
airport security passenger-screening checkpoints supplied by Monroe Countv
~rs Deoartment pursuant to the terms of this Cooperative Agreement.
Payment is subject to the availability of appropriated funds and compliance with
the requirements of the applicable Security Directive(s), the Airport Security Plan,
and other regulations regarding law enforcement services as noted in the
paragraph above. Should the Participant fail to comply with the provisions
outlined in this agreement, the Participant may face full or partial forfeiture of
paymEmt or sanctions up to removal from the Program.
TRANSPORTATION SECURITY ADMINISTRATION RESPONSIBiliTIES
1. The TSA will provide partial reimbursement to Participants. TSA will
provide funds as available to offset the cost to carry out Aviation LE
responsibilities.
o Actual/direct costs for fully burdened salary rate of a Police Patrol
Officer
FOR OFFICIAL USE ONLY
Fully Burdened rate includes:
- base salary for each locality
- social security
- 401 (k)/403(b)/457 plans
Disability Insurance
Health care benefits
Pension
Life Insurance
o No Overhead/Administrative Costs
2. The TSA Federal Security Director (FSD), in consultation with the airport
operator and local law enforcement, may determine that flex stationing is
appropriate in certain circumstances, and that an armed LAW ENFORCEMENT
OFFICER (LEO) or state certified armed security guard, if applicable, may
therefore not have to be posted at the airport screening location.
3. The TSA will process Participant monthly invoices promptly after obtaining
FSD signature, certifying that work was performed in accordance with the
Agreement.
4. The TSA will notify the Participant, immediately in writing, of any changes in
the points of contact for invoicing or clarification of the intent of the Cooperative
Agreement.
5. The TSA will provide on an as needed basis, as determined by the FSD or
other TSA representative, training/briefings on relevant security topics, to include
but not limited to:
. Improvised Explosive Device recognition.
. Flying Armed Law Enforcement Officer regulation.
. Armed Law Enforcement Officer Federal Criminal statutes pertinent to
Aviation Security.
. Armed Law Enforcement Officer No-Fly/selectee procedures/processes.
. Man Portable Air Defense System.
. Screening Passengers by Observation Technique
FOR OFFICIAL USE ONLY
PARTICIPANT RESPONSIBILITIES:
1. The Participant agrees to maintain a sufficient number of law enforcement
personnel to satisfy the responsibilities as outlined in Paragraphs 2, 3 and 4
below. Funding is intended to support LAW ENFORCEMENT OFFICER (LEO)
presence for flexible stationing or dedicated checkpoint support as needed based
on surges, security alerts, and other conditions.
2. ThEl Participant agrees to provide LEO dedicated checkpoint support
contin!~ent on the final funding agreed upon.
3. ThE! Participant agrees to provide LEO flexible stationing or dedicated
checkpoint support as needed based on surges, security alerts, and other
conditions.
4. The Participant will provide monthly invoices in addition to the SF270 to the
FSD and to the Contract Officer's Representative in the format provided by TSA
detailing the number of hours of LE services provided, the actual hourly rate, and
the total amount requested for reimbursement. Monthly invoicing consists of
services provided from the 1 sl day of the month to the last day of the month not to
exceed 30 days past the invoiced period of performance.
5. The Participant will notify the TSA, immediately in writing, of any changes to
the points of contact for this Agreement or in the law enforcement agency
providing the services to TSA.
6. The, Participant will notify the TSA, immediately in writing, if for any reason the
Participant desires to terminate participation in the Program. Resolution of
specific details on outstanding issues will be accomplished on a case-by-case
basis.
7. The, Participants or the Law Enforcement providers will not publicly disclose
Sensitive Security Information (SSI) in any context, including litigation or
pursuant to a state open records act request without the advance approval of
TSA a.s provided in 49 CFR part 1520. A copy of any summons, complaint,
subpoena, or other legal document served upon a State or local Law
Enforcement Officer that is related to a legal proceeding that seeks records or
testimony containing SSI shall be promptly forwarded to the FSD or the Federal
Security Director's designee for forwarding to Transportation Security
Administration's Field Counsel.
FOR OFFICIAL USE ONLY
8. The Participant will coordinate all media releases and other contact with or by
media on the terms and conditions of this CA shall be coordinated with the
Federal Security Director.
9. As requested by the FSD or other TSA representative, the Participant will
participate in security breach drill/exercises.
10. As requested by the FSD or other TSA representative, the Participant will
participate in MAN PORTABLE AIR DEFENSE SYSTEM (MAN PADS)
assessments and exercises.
11. As requested by the FSD or other TSA representative, the Participant will
participate in new and emerging aviation security programs. (Ex. Aviation Direct
Access Security Program (ADASP).
12. As requested by the FSD or other TSA representative, the Participant will
provide verification of Law Enforcement Officer credentials as required by
Transportation Security Administration.
13. The Participant will consult with Federal authorities to determine if a case
involving an incident at the airport will be handled in Federal jurisdiction.
14. The Participant will provide support for VIP/executive protection operations.
15. The Participant will promptly furnish on request incident reports and other
information dealing with Aviation Security and other criminal activities at the
airport.
16. The Participant will fully cooperate with regulatory investigations.
ATTACHMENTS:
The TSA may provide administrative and informational updates to the
attachments (Le., updates to the HQ Program Staff listing) without re-issuance of
this agreement. Any new attachment(s) or significant changes to the current
attachments will be accomplished through written modifications as provided in
the Terms and Conditions of this agreement.
PROTECTION OF INFORMATION
The parties agree that they shall take appropriate measures to protect
proprietary, privileged, or otherwise confidential information that may come into
FOR OFFICIAL USE ONLY
their possession as a result of this Cooperative Agreement, including Security
Sensitive Information (SSI) as explained in #7 above.
FOR OFFICIAL USE ONLY