Item D10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 18. 2005
Division:
Public Safety
Bulk Item: Yes X No
Department: Emergency Management
Staff Contact: Jerry O'Cathey
AGENDA ITEM WORDING: Approval of an application for a Homeland Security Grant to
enhance security and communications in the Emergency Operations Center (EO C) and for Emergency
Management Operations, subject to clearance by the County Attorney of Pages 26 and 27, concerning
Equal Employment Opportunity Certification
ITEM BACKGROUND: Funds, in the amount of$124,000, have been appropriated through the
Homeland Security Grant Program's Law Enforcement Terrorism Prevention Program. The grant
funds will be used to purchase a security locking system, surveillance cameras and satellite
communication equipment for the EOC and Emergency Management facilities.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes
No L
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY:
County Atty YES
DOCUMENTATION:
/'
/
Included YES
OMB/Purchasing N/A Risk Management N/A
/~// '---
:-/,;/ ~. '----------~ /"": 3'. L-. "-
. 'i ~/ ,~~
James "Reggie" Paros /
DIVISION DIRECTOR APPROVAL:
Not Required_
DISPOSITION:
AGENDA ITEM #
Law Enforcement Terrorism Prevention Program
Florida Department of Law Enforcement
FDLE GRANT CONTRACT #:
To be completed by FDLE
ISSUE #:
To be completed by FDLE
COUNTY NAME: Monroe
RDSTF #:
To be completed by FDLE
FEDERAL CFDA# 97.004
PROJECT TITLE: Monroe County EOC Security Improvements
d characters includin s aces.
1. SUBGRANT RECIPIENT NAME: Monroe County Board of County Commissioners
Name of a enc or 0 anization
2. CHIEF OFFICIAL OF SUBGRANT RECIPIENT: Dixie S ehar
Title: Ma or
Address: 500 Whitehead St. Suite 102
Cit : Ke West
Area Code/Phone: 305-292-3440
E-Mail Address: S
Zi Code: 33040
Fax: 305-292-3466
3. CHIEF FINANCIAL OFFICER OF SUBGRANT RECIPIENT: Danny Kolhage
Title: Count Clerk
Address
Clt : Ke West
E-Mail Address
Zi Code: 33040
Area Code/Phone: 305-295-3550 Fax: 305-289-6333
4. IMPLEMENTING AGENCY: Monroe County Emergency Management
Agency responsible for impiementing project activities
5. CHIEF OFFICIAL OF IMPLEMENTING AGENCY: William A. Wa ner, Jr.
Title: Senior Director
Address: 490 63rd Street
Cit : Marathon
Area Code/Phone: 305-289-6018
6. PROJECT DIRECTOR: Irene Toner
Individual responsible for managing and implementing project activities
Zi Code: 33050
Fax: 305-289-6333
Title: Director
Address: 490 63m street
Cit : Marathon
Area Code/Phone: 305-289-6065
E-Mail Address: Toner-Irene monrocount -fl. ov
Zi Code: 33050
Fax: 305-289-6333
LETP Application
State Fiscal Year 2004-2005
8
Law Enforcement Terrorism Prevention Program
Florida Department of Law Enforcement
7. CONTACT PERSON: Jerry D'Cathey
If Project Director is not available, then this individual will be the contact for FDLE.
Title: Emergency Management
Administrator E-Mail Address:Dcathe-.er
Address: 490 63rd street
monroecount -fl. ov
Cit : Marathon
Area Code/Phone: 305-289-6012
Zi Code: 33050
Fax: 305~289-6333
GRANT PERIOD:
Start Date: July 1, 2004
End Date: June 30,2005
L REMIT WARRANT: Leave blank if funds are to be sent to the Chief Financial Officer listed in Section A.
If you are requesting that funds be sent to an individual other than the Chief Financial Officer, enter their
information in this section.
If subgrantee is participating in the State of Florida Comptroller's Office electronic transfer program,
reimbursement cannot be remitted to an other entit than the Chief Financial Officer.
Name
Title
Address
Cit
Area Code/Phone
E~Mail Address
Zi Code
Fax
2, FEID # FOR SUBGRANT RECIPIENT: 59-6000749
Federal Employer Identification Number
3. STATE AGENCY FLAIR #: N/A
4. DUN AND BRADSTREET #: 160278995
LETP Application
State Fiscal Year 2004-2005
9
Law Enforcement Terrorism Prevention Program
Florida Department of Law Enforcement
Based on your approved Initial Strategic Implementation Plan (ISIP), BRIEFLY describe project activities in
narrative form. Please refer to the attached ISIP provided. Limit text to this page only.
Other then a Sheriff's Deputy, There is no security for our Emergency Operation's Center (E.O.C.). It is our
plan to use the bulk of this funding to purchase and install modern security locks, cardkey operated, and
security cameras in the EOC as well as the Emergency Management (E.M.) offices and our alternate E.O.C.
room. Additionally we will be using funds to purchase satellite communications equipment for the E.O.C.
Room.
LETP Application
State Fiscal Year 2004-2005
10
Law Enforcement Terrorism Prevention Program
Florida Department of Law Enforcement
,. , li0t~;~;tl,,::);'IIt'D,"'::':"":::"'.'.:.,:".:~::?~,,"',i~iC,.,'-~i1"'m:j!'r,3:~~p;~~
'1 "BWIlGET .SOFlEDt]1llii8",
}fmtt;i,j.:,":..:,: ........,' ....:.<....,..........,:>..... .:..;,." .......;:...::::';T::i.R:tl:*FJ4jj~:
Enter the sum of the sub~totals from each of the budget categories from the Budget Narrative
(Section F) that are applicable for your project's expenditures.
Enter dollar amounts only in applicable categories and leave other areas blank. Use whole dollar
amounts only.
BUDGET CATEGORY
FEDERAL (TOTAL) AMOUNT
Salaries & Benefits
Contractual Services
$82,370
Expenses
Operating Capital Outlay
$41,630
Indirect Costs
TOTAL
$124,000
LETP Application
State Fiscal Year 2004-2005
11
Law Enforcement Terrorism Prevention Program
Florida Department of Law Enforcement
Unit costs are to be provided for each budget category as specified in Section E. This documentation
must be described and itemized. Please include subtotals and totals if applicable. Use additional pages
if necessary.
Contractual Services $82.370.
See Attached Price Quote from Quality Communications
Operating Capital out lay
. 7 Mobile Satellite phones
· 10 Hand held Satellite phones
· 2 ESATCOM Units (installed)
$ 21,000
$ 5,000
$ 15,630
$ 41,630
$124,000
LETP Application
State Fiscal Year 2004-2005
12
LETP Application
Law Enforcement Terrorism Prevention Program
Florida Department of Law Enforcement
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State Fiscal Year 2004-2005
13
Law Enforcement Terrorism Prevention Program
Florida Department of Law Enforcement
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I""_~'" ..:r;;lONS,OFA&CEPt.A.:blC.E:"AND,iASR,IiEtIIttJ!I--,' ,I
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 provisions 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:
Administrative Requirements - 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"
Cost Principles - OMS Circular A-21 "Cost Principles for Educational Institutions", OMS Circular A-a? "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, Local Governments and Non-Profit
Organizations";
Statutory Authoritv - Public Law 108-090.
1. Reports
a. Project Performance Reports:
The subgrant recipient must submit a Semi-Annual Project Performance Report to OCJG by
January 10 and July 10. The reports must report data relating to January - June and July through
December. Failure to submit Performance Reports that are complete, accurate and timely may
result in sanctions.
b. Financial Reports:
(1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly
Financial Claim Report to the OCJG. Monthly Financial Claim Reports (1-11) are due thirty-
one (31) days after the end of the reporting period. Quarterly Financial Claim Reports (1-3)
are due thirty-one (31) days after the end of the reporting period. In addition. if the subgrant
award period is extended, additional Financial Claim Reports shall be submitted. A final
Financial Claim Report and a Criminal Justice Contract (Financial) Closeout Package shall be
submitted to OCJG within forty-five (45) days of the subgrant termination period. Such claim
shall be distinctly identified as "final".
LETP Application
State Fiscal Year 2004-2005
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Law Enforcement Terrorism Prevention Program
Florida Department of Law Enforcement
(2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial
Claim Report Forms prescribed and provided by the Office of Criminal Justice Grants. A
subgrant recipient shall submit either monthly or quarterly claims in order to report current
project costs. Reports are to be submitted even when no reimbursement is being requested.
(3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit
and post-audit.
(4) Before the "final" claim will be processed, the subgrant recipient must submit to the
OCJG all outstanding project reports and must have satisfied all special conditions.
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
lapse and revert to the Department. A subgrant funded project will not be closed out until the subgrant
recipient has satisfied a/l closeout requirements in one final subgrant closeout package. A check for the
full amount of any unexpended funds must accompany the closeout package.
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:
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-8l, "Cost Principles for StateL Local and Indian Tribal Governments", or OMB Circular A-
21, "Cost Principles for Educational Institutions".
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
The cost of all travel shall be reimbursed according to local regulations, A municipality or agency of
a municipality may provide for a per diem and travel expense policy which varies from providions in
Chapter 112.061 ~4; Florida Statutes. If a municipality does not provide a per diem and travel policy
pursuant to the above subsection, it remains subject to, but not in excess of provisions in Section
LETP Application
State Fiscal Year 2004-2005
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Law Enforcement Terrorism Prevention Program
Florida Department of Law Enforcement
112.061, Florida Statutes.
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 following 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 only 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
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, 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. This request, including the justification, shall be either
enclosed with the subgrant application or submitted to the OCJG prior to the first request for
reimbursement. Justification should address a 30/60/90-day need for cash based on the budgeted
activities for the period.
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
recipient.
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 comply with such order.
LETP Application
State Fiscal Year 2004-2005
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Law Enforcement Terrorism Prevention Program
Florida Department of Law Enforcement
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 employee
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
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 Homeland Security, Office of
Domestic Preparedness; and the Auditor General 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, letters, 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.
LETP Application
State Fiscal Year 2004-2005
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Law Enforcement Terrorism Prevention Program
Florida Department of Law Enforcement
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 law.
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, Chapters 10.550 and 10.600, Rules of the Florida Auditor General.
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
(IPA). The IPA must be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient and/or 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 laws
and regulations.
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 Agencies that expend less than $500,000 in federal
awards during a fiscal year are exempt from the audit requirements of OMS 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
disallowed 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 OMS 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.
LETP Application
State Fiscal Year 2004-2005
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Law Enforcement Terrorism Prevention Program
Florida Department of Law Enforcement
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 OMS 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.
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 and/or 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 Act
of 1973, as amended; Subtitle A, Title 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
regulations 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 formulated, 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
LETP Application
State Fiscal Year 2004-2005
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Law Enforcement Terrorism Prevention Program
Florida Department of Law Enforcement
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 (PL) 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 (Title I), state and local
government services and transportation (Title II), public accommodations (Title III), and
telecommunications (Title IV). (Reference Title /I 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.)
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.
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 placed 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.
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State Fiscal Year 2004-2005
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Law Enforcement Terrorism Prevention Program
Florida Department of Law Enforcement
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 LobbvinQ 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 (5USe 1501, et seq.)
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
The subgrantee will assist the Department in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 use 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 use 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 eFR 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 Federal grantor agency to avoid or mitigate
adverse effects upon such properties.
LETP Application
State Fiscal Year 2004-2005
21
Law Enforcement Terrorism Prevention Program
Florida Department of Law Enforcement
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 (P.L. 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 related
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 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 or Designated 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
Upon implementation of the project, in the event there is a change in Chief Executive Officers for the
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 will be used to supplement, but not supplant,
state or local funds for homeland security preparedness. Costs allocated or included in any other
federally financed program must not be included.
LETP Application
State Fiscal Year 2004-2005
22
Law Enforcement Terrorism Prevention Program
Florida Department of Law Enforcement
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. Additionally, 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 following 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 equipmenf') purchased with funds provided under this
agreement are for the purposes specified in "Florida's Domestic Security Strategy". Equipment
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.
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.
LETP Application
State Fiscal Year 2004-2005
23
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tN WITNESS WHEREOF, ~rl~ part43's Hfflrm !M)' Bach have read and agree to the cJ,}~ftS j
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~:wfi:rrfoty;$fneat T1#'f'orismPreveniiat: P<<>gritm:.. .' .
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meetS..~oo,it!1lUm fmmulate., implement and rt):ij~i@wntl:i\!Il'I ....... .... . ...~.81!l,t(l
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Dixie M.
Maycu'~
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Law Enforcement Terrorism Prevention Program
Florida Deparlment of Law Enforcement
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IIJ:X{j~i:'j~,~~t~~~~~iiiii~~~~~I{:!:::jj:{::!i::jj+Jx~~!iw
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 Implementing Agency
Dear Mr. Wilder:
I, THE UNDERSIGNED AUTHORIZED OFFICIAL, certify that according to Section 501 of the
Omnibus Crime Control and Safe Streets Act of 1968 as amended, that I have read the Act Criteria set
forth in the SubQrant Application PackaQe and Instructions. I understand that IF the subgrant recipient
meets this criterion, it must formulate, implement and maintain a written EEO Program relating to
employment practices affecting minority persons and women. I also affirm that the subgrant recipient
(Initial one of the following):
_ Does meet Act Criteria and does have a current EEO Program Plan.
_ Does meet Act Criteria and does not have a current EEO Program Plan.
Does not meet Act Criteria.
I FURTHER AFFIRM that if the recipient meets the Act Criteria and does not have a current written
EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120
days after a subgrant application for federal assistance is approved or face loss of federal funds.
Signature of chief official:
(Print Name, Title & Agency/Organization
(Date)
LETP Application
State Fiscal Year 2004-2005
27