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2010-SS-T0-0092 12/15/2010DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: January 6, 2011 TO: Chief James Callahan Emergency Services ATTN. Jose Tezanos, Planner Emergency Management FROM. Pamela G. Hancock C. At the December 15, 2010, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Item C8 Florida Division of Emergency Management (FDEM) Award Letter for delivery of Position ICS Training (IMT) and WebEOC in the amount of $8,500.00, no county match required; and authorization for the County Administrator to execute any other required documentation in relation to the application process. Enclosed are five duplicate originals, executed on behalf of Monroe County, for your handling. Item C31 Rescind FY07 State Homeland Security Grant Program (SHSGP) Agreement Number 08-DS-60-11-54-01-343 Modification #2, and approval of Federally -Funded Subgrant Agreement contract number 11DS-52-11-54-01 in the amount of $57,834.92 with no county match required; entered into between the State of Florida, Division of Emergency Management (FDEM) and Monroe County Emergency and authorization for the County Administrator to execute any other required documentation in relation to the application process; and extending the ending date from December 31, 2010 to June 30, 2011. Enclosed are four duplicate originals, executed on behalf of Monroe County, for your handling. Please be sure to return the "Monroe County Clerk"' and "Monroe County Finance" originals as soon as possible. Should you have any questions, please feel free to contact my office. cc: County Attorney Finann e File Monroe County Clerk STATE OF FLORIDA DIVISION OF EMERGENCY CHARLIE CRIST Governor November 12, 2010 SUBGRANTEE: Monroe County MANAGEMENT DAVID HALSTEAD Director ISSUE NUMBER PROJECT TITLE FINAL ALLOCATION 10 Delivery of Position ICS Training (IMT) $4,000.00 10 WebEOC $4,500.00 GRANT PERIOD: August 1, 2010 — January 31, 2013 AWARD TOTAL: $8,500.00 FEDERAL GRANT NO: 201O-SS-TO-0092 STATE AGREEMENT NO: Provided Upon Execution In accordance with the provisions of Federal Fiscal Year 2010 Homeland Security Grant Program, the Florida Division of Emergency Management hereby awards to the foregoing Subgrantee a grant in the amount shown above. Payment of Funds: This Award Letter must be signed by the Official Authorized to Sign in the space below and the original returned to the Florida Division of Emergency Management before execution of your agreement. The subgrantee should not expend any funds until they receive a fully executed agreement from the Florida Division of Emergency Management and all Special Conditions are satisfied. Grant funds will be disbursed to subgrantees (according to the approved project budget) upon receipt of evidence that items have been invoiced, deliverables have been received and that funds have been expended (i.e., invoices, contracts, itemized expenses, canceled checks, etc.). Supplantation: The Act requires that subgrantees provide assurance that subgrant funds will not be used to supplant or replace local or state funds or other resources that would otherwise have been available for homeland security activities. In compliance with that mandate, I certify that the receipt of federal funds through Florida Division of Emergency Management shall in no way supplant or replace state or local funds or other resources that would have been made available for homeland security activities. Conditions: I certify that I understand and agree that funds will only be expended for those projects outlined in the funding amounts as individually listed above. I also certify that I understand and agree to comply with the general and fiscal terms and conditions of the grant including special conditions; to comply with provisions of the Act governing these funds and all other federal laws; that all information is correct; that there has been appropriate coordination with affected agencies; that I am duly authorized to commit the applicant to these requirements; and that all agencies involved with this project understand that all federal funds are limited to a thirty -month (30) period. o co Lt:: N L .� O N Li C✓ CL W G W — Lt1 Lz Cl%i v FLORIDA RECOVERY OFFICE • DIVISION HEADQUARTERS • STATE LOGISTICS RESPOWSE CENTER 36 Skyline Drive 2555 Shumard Oak Boulevard 2702 Directors Raw Lake Mary, FL 32746-6201 Tallahassee, FL 32399-2100 Orlando, FL 32809-5631- - Tel: 850-413-9969 • Fax: 850-488-1016 www.Flori aDisaster.org SPECIAL CONDITIONS 1. The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to DHS grants are listed below: A. Administrative Requirements 1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements.with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110) B. Cost Principles 1. 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB - Circular A-87) 2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) 3. 2 CFR Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122) 4. Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations C. Audit Requirements 1. OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations 2. Recipient understands and agrees that it cannot use any federal funds, 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 FEMA. 3. The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2010 Homeland Security Grant Program (HSGP) guidance and application kit. 4. The recipient shall not undertake any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA, including but not limited to ground disturbance, construction, modification of structures, and purchase and use of sonar equipment. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA funding. 5. A. Provision applicable to a recipient that is a private entity. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not: a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; b. Procure a commercial sex act during the period of time that the award is in effect; or c. Use forced labor in the performance of the award or subawards under the award. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity: a. Is determined to have violated a prohibition in paragraph A.1 of this award term; or b. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 of this award term through conduct that is either: i. Associated with performance under this award; or ii. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non -procurement)," as implemented by our agency at 2 CFR Part 3000. B. Provisions applicable to a recipient other than a private entity. We as the Federal warding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity: Is determined to have violated a prohibition in paragraph A.1 of this award term; or Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 of this award term through conduct that is either: a. Associated with performance under this award; or b. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Non -procurement)," as implemented by our agency at 2 CFR Part 3000. C. Provision applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph A.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph A.2 or B of this section: a. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and b. Is in addition to all other remedies for noncomplicance that are available to us under this award. 3. You must include the requirements of paragraph A.1 of this award term in any subaward you make to a private entity. 6. Definitions. For purposes of this award term: 1. "Employee" means either: - a. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or b. Another person engaged in the performance of the project or prograirt under this award and not compensated by you including, but not limited to, a ve'f- nteer or individual whose services are contributed by a third party as an in -kid contr-ibution- toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity" means: a. Any entity other than a State, local government, Indian Tribe, or foreign public entity, as those terms are, defined in 2 CFR 175.25. b. Includes: # y - i. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian Tribe at 2 CFR 175.25(b). ii. A for -profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22U.S.C. 7102). 7. A. "Classified national security information," as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. B. No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and has access to such information. C. Where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subawardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with whom the classified effort will be performed. D. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other applicable implementing directives or instructions. All security requirement documents are located at: http://www.dhs.gov/xoi)nbix/grants/index.shtm E. Immediately upon determination by the award recipient that funding under this award will be used to support such a contract, subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award recipient shall contact ISPB, or the applicable Federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Email: DD254AdministrativeSecurity(odhs.gov Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, D.C. 20528 ACCEPTANCE FOR THE SUBGRANTEE: Monroe Coun Board of County Commissioners Mayor Heattys r Carrgihers, 12/15/2010 of Offici AuthorizW,to_ S± MONK COUNTY ATTORNEY APP VE A6 O C NTHlA L. HALL ASSISTA T COUNTY ATTORNEY Date, I — /S' 7010 Signature of State Administrative Agency CLM �4 •,K,v 3 ..at ' ° t�`. DEPI)TY CLEPK