Backup Documents 03/09/2010 Item #16J 2
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MEMORANDUM
Date:
December 28, 2010
To:
Susan Golden, Grant's Coordinator
Collier County Sheriff's Dept.
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Award Letter - Operation Stonegarden - Border Security
Attached is the original grant document referenced above, (Item #16J2)
approved by the Board of County Commissioners on March 9,2010.
A copy of the completed application will be held in the Board's Official
Records in the Minutes & Records Department.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
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MEMO
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Subject:
Ian Mitchell, Executive Manager
Susan Golden, Grant coordinato~
Award Letter Signature
To:
From:
Date:
December 7,2010
Attached please find an Award Letter from the Florida Division of
Emergency Management providing $110,000 in Operation Stonegarden
grant funds to CCSO.
The Collier County Board of County Commissioners approved submitting
a grant application to the State on March 9, 2010, Agenda Item 16.J.2.
The Award Letter requires Chairman Coyle's signature. This form does
not require an original signature. Acceptance of the award is the first step
in this process. In 2011, DEM will provide the County with a subgrant
award (contract) that will be reviewed by CCSO and the County Attorney's
Office before being submitted to the BCC office for the Chair's signature.
Please provide the award letter to the Clerk's Office to attest.
Please contact me at Susan.Golden@colliersheriff.orq or at 239-252-0852
if you have any questions regarding this request. Thank you for your
assistance.
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STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
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CHARLIE CRIST
Governor
DAVID HALSTEAD
Director
November 2, 2010
SUBGRANTEE: Collier County
ISSUE NUMBER
55
PROJECT TITLE
Operation Stonegarden - Border Security
FINAL ALLOCATION
$110,000.00
GRANT PERIOD: August 1, 2010 - July 31, 2013
FEDERAL GRANT NO: 201 O-SS- TO-0092
AWARD TOTAL: $110,000.00
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.
Pavment 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 (Le., 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 six-month (36) period.
FLORIDA RECOVERY OFFICE
36 Skyline Drive
Lake Mary, FL 32746-6201
. DIVISION HEADQUARTERS.
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Tel: 850-413-9969 . Fax: 850-488-1016
www.FloridaDisaster.orQ
STATE LOGISTICS RESPONSE CENTER
2702 Directors Row
Orlando, FL 32809-5631
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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-a?)
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
1.0MB 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. The recipient is prohibited from obligating or expending Operation Stonegarden (OPSG) funds provided
through this award until each unique, specific or modified county level or equivalent Operational
Order/Frag Operations Order with embedded estimated operational budget has been reviewed and
approved through an official email notice issued by FEMA removing this special programmatic condition.
The Operations Order approval process/structure is as follows: Operations Orders are submitted to (1)
the appropriate Customs and Border Protection (CBP) Border Patrol (BP) Sector Headquarters (HO);
upon approval by the Sector HO, forwarded through the Border Patrol Enforcement Transfer System
(BPETS) system to (2) the OPSG Coordinator, CBP/BP Washington, DC and upon approval forwarded to
(3) Federal Emergency Management Agency (FEMA), Grant Programs Directorate (GPD), Grant
Development and Administration Division (GD&A). Notification of release of programmatic hold will be
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sent by FEMA via em ail to the State Administrative Agency (SAA) with a copy to OPSG Coordinator at
CBP/BP HQ, Washington, DC,
6. A.
Provision applicable to a recipient that is a private entity.
1. 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.
2. 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:
L Associated with performance under this award; or
iL 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:
1. Is determined to have violated a prohibition in paragraph A.1 of this award term; or
2. 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.
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7. 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 program under this
award and not compensated by you including, but not limited to, a volunteer or
individual whose services are contributed by a third party as an in-kind contribution
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:
L 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).
iL 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),
8. 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.Qov/xopnbixlq rants/index. shtm
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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: DD254AdministrativeSecuritv@dhs,Qov
Mail: Department of Homeland Security
Office of the Chief Security Officer
A TTN: ASD/lndustrial Security Program Branch
Washington, D.C, 20528
ACCEPTANCE FOR THE SUBGRANTEE:
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Signature of Official Authorized to Sign for Grantee
Signature of State Administrative Agency
Approved as to form & legal sufficiency
@ ~1YI~
C Colleen Greene;
Assistant County Attorney
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ITEM NO:
FILE NO. :
ROUTED TO:
DATE RECEIVED:
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REQUEST FOR LEGAL SERVICES
(Please type or print)
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Date: December 3, 2010
Sheriff's Office
(Division)
Finance Division
(Department)
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To:
Office of the County Attornev, Attention:
From:
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Andrea Marsh ~ N
(Name)
Finance Director
(Title)
Re: Chairman acceptance of a grant Award Letter as follow-up on Operation
Stonegarden grant application approved by BCC March 2010.
(Subject)
BACKGROUND OF REQUEST/PROBLEM:
(Describe problem and give background information - be specific, concise, and articulate).
On March 9, 2010, the BCC approved Agenda Item 16.J.2. which authorized the
Sheriff to submit a Homeland Security Operation Stonegarden grant. The
original request was for $794,132.05 over three years. An award letter has
been received requiring the Chairman's signature. An award has been granted
for $110,000. The Division of Emergency Management will prepare a subgrant
agreement/contract to be signed by the Chairman after receipt of the attached
Award Letter.
(Are there documents or other information needed to review this matter? If yes, attach and
reference this information).
THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED.
(If previously submitted, provide County Attorney's Office file number.)
The Executive Summary and grant application were reviewed by CAO under 10-
SHF-00090 in February 2010.
ACTION REQUESTED:
(Be very specific, Identify exactly what you need in the way of legal services,)
Legal approval of documents.
OTHER COMMENTS:
C: Kevin Rambosk, Sheriff
All requests must be copied to your appropriate Division Head
or Constitutional Officer,