Item C07BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Division: Emergency Services
Bulb Item: Yes X No Department: Emerizency Mana ement
Staff Contact Person/Phone # Jose Tezanos 1305-289-6325
AGENDA ITEM WORDING: Approval of a Florida Division of Emergency Management (FDEM)
Award Letter for delivery of training in the amount of 3 5,500.00, no county match required; and
authorization for the County Administrator to execute any other required documentation in relation to
the application process.
ITEM BACKGROUND: In accordance with the provisions of Federal fiscal Year 2012 Homeland
Security Grant Program (SHSGP), FDEM has provided Monroe County an award letter Federal grant
number EMW-2012-SS-00109-S01 which outlines condition to provide training. We must have this
award letter signed by an authorized official and returned prior to the execution of the Federally Funded
Subrant Agreement. We should not expend any funds until we receive a fully executed agreement from
FDEM.
PREVIOUS RELEVANT BOARD ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approve FDEM Award Letter. A revenue cost center is requested
of OMB once Agreement is received.
TOTAL COST: 35,500.00 INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: NIA
COST TO COUNTY: $ 0.00 SOURCE OF FUNDS: Grant
REVENUE PRODUCING: Yes X No AM UNT PER MONTH Year
APPROVED BY: County Ariy X � OMB/Purc ing X Risk Management Xy
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 7/09
AGENDA ITEM
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: State of Florida DEM Contract #EMw 2012-SS-00109-So l
Effective Date: October 1, 2012
Expiration Date: June 30, 2014
Contract Purpose/Description:
Approval of a Florida Division of Emergency Management (FDEM) Award Letter for
delivery of Training (IMT) in the amount of $35,500.00, no counV match required; and
authorization for the County Administrator to execute any other required documentation in
relation to the application process. A revenue cost center will be requested once the FDEM
agreement is received.
Contract Manager: Jose Tezanos 6325 14
(Name) (Ext.) (Department/Stop #)
A0 ila, 0 sA�j 120 3
for BOCC meeting on , 31-2 Agenda Deadline:
CONTRACT COSTS
Total Dollar value of Contract: $ 35,500.00 Current Year Portion: $ 3 59500.00
Budgeted? Yes❑ No E Account Codes: � -� 4 - ?
Grant: $ 35,500.00 ev. � - ,s --C �� q
County Match: $ 0 - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $/ yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director 1!;2f-w12.-YesO No[�;
Risk Management � � �Yes� NoQ�
O.M.B./PuiEliasing" YesO No[2]
County Attorney 'fib L,\� YesO Nop
Comments:
{OMB Form Revised 2/27/01 MCP #2
Reviewer
Date Out
Zif
101 L;�Zot,�
STATE OF FLORIDA
DIVISION- 0__F EMERGENCY
RICK scorn
Governor
October 22, 2012
SUBGRANTEE: Monroe County Emergency Management
ISSUE NUMBER PROJECT TITLE
11 Training
GRANT PERIOD: October 1, 2012 — June 30, 2014
FEDERAL GRANT No: EMW-2012-SS-001 09-So1
MANAGEMENT
B RYAN W. KOO N
Director
FINAL ALLOCATION
$35,500.00
AWARD TOTAL: $35,500-00
STATE GRANT No: Provided Upon Execution
In accordance with the provisions of Federal Fiscal Year 2012 Homeland Security Grant
Program, the Florida Division of Emergency Management hereby awards to the foregoing
Sub -grantee a grant in the amount shown above.
Payment of Funds: The 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
P9 y
Management before execution of your agreement. The sub -grantee 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 sub -
grantees (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 sub -grantees provide assurance that sub -grant
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 l 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 1 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 1 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 twenty month (20) period.
FLORIDA RECOVERY OFFICE DIVISION HEADQUARTERS • STATE LOGISTICS RESPONSE CENTER
5900 Lake Ellenor Chive 2555 Shumard Oak Boulevard 2702 Directors Row
Orlando, FL 32809-4634 Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
Tel: 850-413-9969 • Fax: 850-488-1015
www. Florida Disaster. c rg
SPECIAL CONDITIONS
Article l — Financial Guidelines
1. The grantee and any sub -grantee 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)
3. 44 CFR Part 10, Environmental Considerations
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. 48 CFR 31.2, Federal Acquisition Regulations (FAR), contracts with
Commercial Organizations
C. Audit Requirements
1. OMB Circular A-133, Audits of States, Local Governments, and Non -Profit
Organizations
Article Il — Specific Acknowledgements and Assurances
All recipients of financial assistance must acknowledge and agree and require any sub -
recipients, contractors, successors, transferees, and assignees acknowledge and agree to
comply with applicable provisions governing DHS access to records, accounts, documents,
information, facilities, and staff.
1. Recipients must cooperate with any compliance review or complaint
investigation conducted by Florida Division of Emergency Management
and Department of Homeland Security.
2. Recipients must give Florida Division of Emergency Management and
Department of Homeland Security access to and the right to examine and
copy records, accounts, and other documents and sources of information
related to the grant and permit access to facilities, personnel, and other
individuals and information as may be necessary, as required by DHS
regulations and other applicable laws or programs guidance.
3. Recipients must submit timely, complete, and accurate reports to Florida
Division of Emergency Management and maintain appropriate back up
documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection,
and evaluation requirements, as prescribed by law or detailed program
guidance.
5. If, during the past three years, the recipient has been accused of
discrimination on the grounds of race, color, national origin (including
limited English proficiency), sex, age, disability, religion, or familial status,
the recipient must provide a list of all such proceedings, pending or
completed, including outcome and copies of settlement agreements to
Florida Division of Emergency Management and the DHS Office of civil
Rights and Civil Liberties.
5. In the event any court or administrative agency makes a finding of
discrimination on grounds of race, color, national origin (including limited
English proficiency), sex, age, disability, religion, or familial status against
the recipient, or the recipient settles a case or matter alleging such
discrimination, recipients must forward a copy of the compliant and
findings to Florida Division of Emergency Management which will then be
forwarded to DHS Component. The United States has the right to seek
judicial enforcement of these obligations.
Article III — Lobbying Prohibitions
None of the funds provided under an award may be expended by the recipient to pay any
person to influence, or attempt to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with any Federal action concerning the award or renewal of any
Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions can be
found at 31 U.S. C. 1352.
Article Iv — Acknowledge of Federal Funding from DHS
The recipient agrees that all allocations and use of funds under this grant will be in
accordance with the FY 2012 Homeland Security Grant Program (HSGP) guidance and
application kit. Also recipients will comply to acknowledge Federal funding when issuing
statements, press releases, request for proposals, bid invitations, and other documents
describing projects or programs funded in whole or in part with Federal funds.
Article V —Financial Reports (FDEM Form 1 & 2) Required Quarterly
The recipient shall submit the Financial Report (FIDEM Form 1 & 2) within 30 days of the
end of the first Federal quarter covering the grant period of performance. The recipient
shall submit quarterly reports thereafter until the grant ends and final payment is received.
Reports are due on January 31, April 30, July 31 and October 30. A report must be
submitted for every quarter of the period of performance, including partial calendar
quarters, as well as for periods where no grant activity occurs. Future reimbursement
requests may be withheld if these reports are delinquent. The Close -Out Report (FIDEM
Form 5) is due within sixty (60) days after the end date of the performance period.
Article VI — Copyright
Recipients will comply with requirements that publications or other exercise copyright for
any work first produced under Federal financial assistance awards hereto related unless
the work includes any information that is otherwise controlled by the Government (e.g.,
classified information or other information subject to national security or export control laws
or regulations). For any scientific, technical, or other copyright work based on or containing
first data produces under this award, including those works published in academic,
technical or professional journals, symposia proceedings, or similar works, the recipient
grants the Government a royalty -free, nonexclusive and irrevocable license to reproduce,
display, distribute copies, perform, disseminate, or prepare derivative works and to
authorize others to do so, for Government purposes in all such copyrighted works. The
recipient shall affix the applicable copyright notices of 17 U.S.C. 401 or 402 and an
acknowledge of Government sponsorship (including award number) to any work first
produced under an award.
Article VII — Use of DHS seal, Logo and Flags
Recipients must obtain DHS's approval prior to using the DHS seals), logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United
States coast Guard seal, logo, crests or reproductions of flags or likeness of Coast Guard
officials.
Article Vlll — Activities Conducted Abroad
Recipients will comply with requirements that project activities carried on outside the United
States are coordinated as necessary with appropriate government authorities and that
appropriate licenses, permits, or approvals are obtained.
Article IX — Fly America Act of 1974
Recipients will comply with the requirements of the Preference for U.S. Flag Air Carriers:
Travel supported by U.S. Government funds requirement, which states preference for the
use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. 4110 ) for
international air transportation of people and properly to the extent that such service is
available, in accordance with the international Air Transportation Fair Competitive Practices
Act of 1974 (49 U.S.C. 40118) and the interpretative guidelines issued by the Comptroller
General of the united States in the March 31, 1981, amendment to Comptroller General
Decision B 138942.
Article X — GPD — drug -Free Workplace Regulations
Recipients will comply with the requirements of the Drug -Free Workplace Act of 1988 (41
U.S.0 707 et seq.), which requires that all organizations receiving grants from any Federal
agency agree to maintain a drug -free workplace. The recipient must notify the awarding
office if an employee of the recipient is convicted of violating a criminal drug statue. Failure
to comply with these requirements may be cause for debarment. These regulations are
codified at 2 CFR 3001.
Article Xl — Trafficking Victims Protection Act of 2000
Recipients will comply with requirements of the government -wide term which implements
Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22
U.S.C. 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB
Interim in Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. in
accordance with the statutory requirement, in each agency award under which the funding
is provided to a private entity, Section 106(g) of the TVPA, as amended, required the
agency to include a condition that authorizes the agency to terminate the award, without
penalty, if the recipient or a sub -recipient — (a) Engages in severe forms of trafficking in
persons during the period of time that the award is in effect; (b) Procures a commercial sex
act during the period of time the award is in effect; or (c) Uses forced labor in the
performance of the award or sub -awards under the award. Full text of the award term is
provided at 2 C F R 175.15.
Article XII — Civil Rights Act of 1964
Recipients will comply with the requirements of the title V1 of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.), which provides that no person in the United States will, on the
grounds of race, color, or national origin, be excluded from participation, in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving
Federal financial assistance.
Article XIII - civil Rights Act of 1968
Recipients will comply with the requirements of Titles VII of the Civil Rights Act, which
prohibits recipients from discriminating in the sale, rental, financing, and advertising of
dwelling, or in the provision of services in connection therewith, on the basis of race, color,
national origin, religion, disability, familial status, and sex (42 U.S.C. 3601 et seq.), as
implemented by the Department of Housing and Urban Development at 24 CFR Part 100.
The prohibition on disability discrimination includes the requirement that new multifamily
housing with four or more dwelling units i.e., the public and common use areas and
individual apartment units (all units in buildings with elevators and ground floor units in
buildings without elevators) be designed and constructed with certain accessible features
(see 24 c F R 100.201) .
Article XIV — American with Disabilities Act of 1990
Recipients will comply with the requirements of Titles 1, 11, 111 of the Americans with
Disabilities Act, which prohibits recipients from discriminating on the basis of disability in
the operation of the public entities, public and private transportation systems, places of the
public accommodation, and certain testing entities (42 U.S.C. 12101-12213).
Article XV — Age Discrimination Act of 1975
Recipients will comply the requirements of the Age discrimination Act of 1975 (42 U.S.C.
6101 et seq.), which prohibits discrimination on the basis of age in any program or activity
receiving Federal financial assistance.
Article XVI — Title IX of the Education Amendments of 1972
Recipients will comply with the requirements Title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.) which provides that no person in the United States will, on the
basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any educational program or activity receiving Federal financial
assistance. These regulations are codified at 44 CFR Part 19.
Article XVII — Rehabilitation Act of 1973
Recipients will comply with the requirements of Section 504 of the Rehabilitation Act of
1973, 29 U.S.C. 794, as amended, which provides that no otherwise qualified handicapped
individual in the United States will, solely by reason of the handicap, be excluded from
participation in, be denied the benefits of, or be subjected to the discrimination under any
program or activity receiving Federal financial assistance. These requirements pertain to
the provision of benefits or services as well as to employment.
Article XVIII — Limited English Proficiency
Recipients will comply with the requirements of Executive Order 13188, Improving Access
to Services for Persons with Limited English Proficiency, and resulting agency guidance,
national origin and resulting agency guidance, national origin discrimination includes
discrimination on the basis of limited English proficiency (LEP). To ensure compliance with
title VI, recipients must take reasonable steps to ensure that LEP persons have meaningful
access to your programs. Meaningful access may entail providing language assistance
services, including oral and written translation, where necessary. Recipients are
encouraged to consider the need for language services for LEP persons served or
encounters both in developing budgets and in conducting programs and activities. For
assistance and information regarding LEP obligations, go to http://www.lep.gov.
Article XIX — Animal Welfare Act of 1966
Recipients will comply with the requirements of the Animal Welfare Act, as amended (7
U.S.C. 2131 et seq.), which requires that minimum standards of care and treatment be
provided for vertebrate animals bred for commercial sale, used in research, transported for
commercial sale, or exhibited t the public. Recipients must establish appropriate policies
and procedures for the humane care and use of animals based on the Guide for the Care
and Use of Laboratory Animals and comply with the Public Health Service Policy and
Government Principles Regarding the Care and Use of Animals.
Article X — clean Air Act of 1970 and clean Air Act of 1977
Recipients will comply with the requirements of 42 U.S.C. 7401 et seq. and Executive
Order 11738, which provides for the protection and enhancement of the quality of the
nation's air resources to promote public health and welfare and for restoring and maintain
the chemical, physical, and biological integrity of the nation's waters is considered research
for other purposes.
Article XXl — Protection of Human Subjects
Recipients will comply with requirements of the Federal regulations at 45 CFR Part 46,
which requires recipients to comply with the applicable provisions/law for protection of
human subjects for purposes of research. Recipients must also comply with the
requirements of DHS Management Directive 026--04, Protection of Human Subjects, prior
to implementing any work with human subjects. For purposes of 45 CFR Part 46, research
means a systematic investigation, including research, development, testing, and evaluation,
designed to develop or contribute to general knowledge. Activities that meet this definition
constitutes research for purposes of this policy, whether or not they are conducted or
supported under a program that is considered research for other purposes. The
regulations specify additional protections for research involving human fetuses, pregnant
women, and neonates (Subpart B): prisoners (Subpart C); and children (Subpart D). The
use of autopsy materials is governed by applicable state and local law and is not directly
regulated by 45 CFR Part 46.
Article XXII —National Environmental Policy Act (NEPA)
Recipients will comply with the requirements of the National Environmental Policy Act
(NEPA), as amended, 42 U.S.C. 4331 et seq., which establishes national policy goals and
procedures to protect and enhance the environment, including protection against natural
disasters. To comply with NEPA for its grant -supports activities, DHS requires the
environmental aspects of the construction grants (and certain non -construction projects as
specified by the Component and Florida Division of Emergency Management) to be
reviewed and evaluated before final action on the application.
Article XXIII — National Flood Insurance Act of 1968
Recipients will comply with the requirements of Section 1306(c) of the National Flood
Insurance Act, as amended, which provided for benefit payments under the Standard Flood
insurance Policy for demolition or relocation of a structure insured under the Act that is
located along the shore of a lake or other body of water and that is certified by an
appropriate State or local land use authority to be subject to imminent collapse or
subsidence as a result of erosion or undermining caused by waved exceeding anticipated
cyclical levels. These regulations are codified at 44 CFR Part 003.
Article XXIV — Flood Disaster Protection Act of 1973
Recipients will comply with the requirements of the Flood Disaster Act of 1973, as
amended (42 U.S.C. 4001 et seq.), which provides that no Federal financial assistance to
acquire, modernize, or construct property may be provided in identified flood -prone
communities in the United Stated, unless the community participates in the National Flood
Insurance Program and flood insurance is purchases within one year of the identification.
The flood insurance purchase requirement applies to both public and private applicants for
DHS support. Lists of flood prone areas that are eligible for flood insurance are published
in the Federal Registry by FEMA.
Article XXV — Coastal Wetlands Planning, Protection, and Restoration Act of 1990
Recipients will comply with the requirements of Executive Order 1190, which provides that
federally funded construction and improvements minimize the destruction, loss or
degradation of wetlands. The Executive Order provides that, in furtherance of Section
101(b)(3) of NEPA (42 U.S.C. 4331(b)(3)}, Federal agencies, to the extent permitted by
law, must avoid undertaking or assisting with new construction located in wetlands unless
the head of the agency finds that there is no practicable alternative to such construction,
and that the proposed action includes all practicable measures to minimize harm to
wetlands that may result from such use. In making this finding, the head of the agency may
take into account economic, environmental, and other pertinent factors. The public
disclosure requirement described above also pertains to early public review of any plans or
proposals for new construction in wetlands. This is codified at 44CFR Part 9.
Article XXVI — USA Patriot Act of 2001
Recipients will comply with the requirements of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA
PATRIOT Act), which amends 18 U.S.C. 175-175c. Among other things, it prescribes
criminal penalties for possession of any biological agent, toxin, or delivery system of a type
or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide
research, or other peaceful purpose. The act also establishes restrictions on access to
specified materials. `Restricted persons,'} as defined by the act, may not possess, ship,
transport, or receive any biological agent or toxin that is listed as a select agent.
Article XXVII — summary Description of Project
The FY 2012 Homeland Security Grant Program (HSGP) funding plays an important role in
the implementation of Presidential Policy Directive — 8 (PPD-8) by supporting the
development and sustainment of core capabilities to fulfill the National Preparedness Goal
(NPG). HSGP funding shall be used for costs related to the planning, organization,
equipment, training, and exercise needs that prevent, protect against, mitigate, respond to
and recover from acts of terrorism and other catastrophic events.
ACCEPTANCE FOR THE SUBGRANTEE:
Signature of Official Authorized to Sign
for Grantee
Date
MO of COUNTY ATTORNEY
RO ED To R r
r
YNTHIA L. HALL
ASS#S TNT COUNTY ATTORNEY
Date
Signature of State Administrative
Agency
Date