BUFFER ZONE PROTECTION PROGRAM - BZPP FY 07 IIState of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
Subgrantee: City of Clearwater
Date of Award: it /' G 1
Grant Period: From: 05/01/2009 TO: 03/31/2010
Project Title: BZPP FY 07 II
Grant Number: 2009-BZPP-PINE-1-V4-005
Federal Funds: $ 192,460.60
Total Project Cost: $ 192,460.60
Program Area: 0778 : Buffer Zone Protection Program - To protect, secure, and
reduce the vulnerability of identified critical infrastructure and key resource (CI/KR)
sites.
Federal CFDA M 97.078
Award is hereby made in the amount and for the period shown above of a grant
under the Homeland Security Act of 2004, Public Law 108-090, to the above
mentioned subgrantee and subject to any attached standards or special conditions.
This award is subject to all applicable rules, regulations, and conditions as contained
in the Financial and Administrative Guide for Grants, Office of Justice Programs,
Common Rule for State and Local Governments or OMB Circulars A-87, A-110 and
A-133, in their entirety. It is also subject to such further rules, regulations and
policies as may be reasonably prescribed by the State or Federal Government
consistent with the purposes and authorization of Public Law 108-090, as amended.
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD
The subgrantee, through its authorized representative, acknowledges receipt and
acceptance of subgrant award number 2009-BZPP-PINE-1-V4-005, in the amount of
$ 192,460.60, for a project entitled, BZPP FY 07 II, for the period of 05/01/2009
through 03/31/2010, in accordance with the statement of work contained in the
subgrant application, and subject to the Florida Department of Law Enforcement's
Conditions of Agreement and any special conditions governing this subgrant.
Signature of Subgrantee's Authorized Official
Frank V. Hibbard, Mayor
Typed Name and Title of Official
?.v
at.
Date of cept nce
SUBGRANT AWARD CERTIFICATE (CONTINUED)
This grant shall become effective on the beginning date of the grant period provided
that within 30 days from the date of award, a properly executed Certification of
Acceptance/ Request for Payment is returned to the department.
Authorized Of icial
Clayton H. Wilder
Administrator
Date
( ) This award is subject to special conditions (attached).
In witness whereof, the parties hereto have set their hands and seals on the date
first above written.
Countersigned:
-i?? Z. A449-'w
Frank V. Hibbard
Mayor
A proved as to form:
(? MA A Lw*
Robert urette
Assistan ity Attorney
CITY OF CLEARWATER, FLORIDA
By: Z:V'? 'g • lG4?vtt`'
VV'Aarn B. Horne, II
City Manager
Attest:
Lot-
Cy tia-E. Goudeau
City lerk _
FLORIDA DEPARTMENT OF LAW TER
ENFORCEMENT
By:
Clayton H. Wilder
Administrator, Office of
Criminal Justice Grants
Application for Funding Assistance
Florida Department of Law Enforcement
Buffer Zone Protection Plan
Subgrant Recipient
Organization Name: City of Clearwater
County: Pinellas
Chief Official
Name: Frank Hibbard
Title: Mayor
Address: Post Office Box 4748
City: Clearwater
State: FL Zip: 33758-4748
Phone: 727-562-4040 Ext:
Fax: 727-562-0052
Email: frank. hibbard@myclearwater.com
Chief Financial Officer
Name: Margaret Simmons
Title: Finance Director
Address: Post Office Box 4748
City: Clearwater
State: FL Zip: 33758-4748
Phone: 727-562-4538 Ext:
Fax: 727-562-4535
Email: margie.simmons@myclearwater.oom.
Application Ref # 2009-BZPP-63 Section #1 Page 1 of 2
Contract 2009-BZPP-PINE-1-V4-
Application for Funding Assistance
Florida Department of Law Enforcement
Buffer Zone Protection Plan
111, J,
Implementing Agency
Organization Name: City of Clearwater Police Department
County: Pinellas
Chief Official
Name: Sid Klein
Title: Chief of Police
Address: 645 Pierce Street
City: Clearwater
State: FL Zip: 33756
Phone: 727-562-4343 Ext:
Fax: 727-562-4339
Email: sidney.klein@myclearwater.com
Project Director
Name: Sid Klein
Title: Chief of Police
Address: 645 Pierce Street
City: Clearwater
State: FL Zip: 33756
Phone: 727-562-4343 Ext:
Fax: 727-562-4339
Email: sidney.klein@myclearwater.com
Application Ref # 2009-BZPP-63 - Section #1 Page 2 of 2
Contract 2009-BZPP-PINE-1-V4-
Application for Funding Assistance
Florida Department of Law Enforcement
Buffer Zone Protection Plan
4'L
USUAL r u. 1„?
General Project Information
Project Title: BZPP FY 07 II
Subgrant Recipient: City of Clearwater
Implementing Agency: City of Clearwater Police Department
Project Start Date: 511/2009 End Date: 3/31/2010
Problem Identification
Brenntag Mid-South, Inc., a chemical manufacturer and distributor located in Clearwater, has been
designated by the Department of Homeland Security as a Critical Infrastructure and Key Resource
(CI/KR) site.
Brenntag's facility supports a multitude of sectors including water treatment and industrial cleaning
services. In addition, Brenntag provides numerous industries with raw chemical materials for a
myriad of processes. The facility supplies water treatment chemicals to several businesses. In
addition, repackaged chemicals are widely distributed by the facility.
Some of the chemicals on the Brenntag site are chlorine, hydrochloric acid, sulfuric acid and
sodium hydroxide (50% caustic soda solution.) Typically there are ten 90-ton railcars of chlorine at
the site. All incoming shipments are via 90-ton railcars. All hazardous repackaged off-site
shipments of chlorine solutions are accomplished by trucks. All industrial bleach (10%) is shipped
over the road via tanker trucks.
The facility is located in close proximity to a large residential area, thus magnifying the
consequences for an off- site HAZMAT release. A worst-case scenario would be a HAZMAT
disaster affecting an area 5-miles downwind of the site and affecting 68,000 people.
Brenntag is one of the largest chemical manufacturers and shippers in Central Florida. Loss of
production could result in potable water shortages. Loss of this facility could also result in a
reduction in wastewater treatment operations in Central Florida.
Project Summary
The proposed equipment purchases are designed to enhance the Clearwater Police and Fire
Departments in the prevention and protection of the Brenntag facility. The equipment will be
utilized at strategic locations outside the perimeter of the Brenntag plant to conduct surveillance
platforms and provide coverage where company resources are insufficient. The Clearwater Police
Department will be able to monitor these platforms from strategic locations located away from the
immediate location of the identified site. All purchases are designed to be used as deterrence for
attacks on state critical infrastructure and bolster the ability of first responders (Clearwater Fire &
Rescue) to prevent and protect against terrorist threats.
The VRPP is used as a decision-making tool for allocating resources and as an information-
sharing tool for CI/KR owners and operators. It is designed to help owners and operators share
best practices and identify critical assets within their perspective sectors. This will be
accomplished by providing information on tools that assist in
Application Ref # 2009-13ZPP-63 Section #2 Page 1 of 2
Contract 2009-BZPP-PINE-1-V4-
Application for Funding Assistance
Florida Department of Law Enforcement
Buffer Zone Protection Plan
assessing vulnerabilities, understanding interdependencies and identifying ways in which state and
local government agencies are working with industry to protect CI/KR. This plan directly supports
state goals in threat assessment, information sharing and analysis, and critical infrastructure
protection. The desired purchases support the National Infrastructure Protection Plan and the
State of Florida's goals to implement protective programs and measures. These programs and
measures will prevent, deter and mitigate the terrorist threat and strengthen interoperable
communications.
Application Ref # 2009-BZPP-63 Section #2 rPage 2 of 2
Contract 2009-13ZPP-PINE-144-
Application for Funding Assistance
Florida Department of Law Enforcement
Buffer Zone Protection Plan
General Performance Info:
Performance Reporting Frequency: Quarterly
Federal Purpose Area: 0001 - Law Enforcement
State Purpose Area: 0778 - Buffer Zone Protection Program - To protect, secure, and reduce
the vulnerability of identified critical infrastructure and key resource
(CI/KR) sites.
Objectives and Measures
Objective: 0778.01 - Provide an estimation of the percent completed of the items or services to
be purchased. Also provide the anticipated completion date for the remaining
purchases
Measure: Part 1
During the grant period will you complete the purchase of all items or services
budgeted to complete the project?
Goal: Yes.
Objective: 0778.02 - Provide detail of any encountered or anticipated obstacles that would
hinder the completion of the project within the grant period.
Measure: Part 1
During the grant period will you report any encountered or anticipated obstacles that
would hinder the completion of the project within the grant period?
Goal: Yes
Objective PSO-01 - Purchase all necessary BZPP equipment and put into service.
Measure: PSO-01.01
Was equipment purchased during this performance period?
Goal: Yes
Application Ref # 2009-BZPP-63 Section #3 Page 1 of 1
Contract 2009-BZPP-PINE-1-V4-
Contract 2009-BZPP-PINE-1-V4-
Application for Funding Assistance
Florida Department of Law Enforcement
Law Enforcement Terrorism Prevention/State Homeland Security and Buffer Zone Protection Program
Standard Conditions
Standard Conditions of agreement set forth herein require compliance by subgrantees/subrecipients
(individuals and/or organizations receiving Federal financial or property assistance through the direct
recipient of Federal funds), implementing agencies and state agencies upon signed acceptance of the
subgrant award. Units of government and other organizations receiving Federal financial assistance from
the State shall adhere to applicable State laws and procedures except where inconsistent with Federal
statutes and guidelines. The circulars and government-wide common rules specific to that organization-
type also apply. Upon approval of this subgrant, the approved application and the following Standard
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.
Recipients are urged to carefully review and understand all terms and conditions of the award
prior to award acceptance. Failure to comply with these terms and conditions may result in
disallowance of costs and recovery of funds and/or suspension or termination of funds and/or
award.
The subrecipient agrees to comply with the financial and administrative requirements set forth in the current
edition of the U.S. Department of Homeland Security Financial Management Guide and the U. S. Department
of Homeland Security, Office for Domestic Preparedness 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 Guidelines:
OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments. This
Circular establishes consistency and uniformity among Federal agencies in the management of grants
and cooperative agreements with State, local, and Federally recognized Indian tribal governments.
OMB Circular A-110. Uniform Administrative Requirements for Grants and Other Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. This Circular
establishes administrative requirements for Federal grants and agreements awarded to commercial
organizations, institutions of higher education, hospitals, and other non-profit organizations.
Cost Guidelines:
OMB Circular A-21, Cost Principles for Educational Institutions. This Circular establishes principles
for determining costs applicable to grants, contracts, and other agreements with educational institutions.
OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments. This Circular
establishes principles and standards for determining costs for Federal awards carried out through grants,
cost reimbursement contracts, and other agreements with State, local and Federally recognized Indian
tribal governments.
OMB Circular A-122, Cost Principles for Non-Profit Organizations. This Circular establishes principles
for determining costs of grants, contracts and other agreements with non-profit organizations. It does not
apply to colleges and universities, which are covered by Office of Management and Budget (OMB)
Circular A-21, "Cost Principles for Educational Institutions"; State, local, and Federally recognized Indian
tribal governments, which are covered by OMB Circular A-87, "Cost Principles for State, Local, and Indian
Tribal Governments"; or hospitals.
Code of Federal Regulations.Title 48 Federal Acquisition Regulations Systems, Chapter 1, Part 31,.
Contract Cost Principles and Procedures. This part is to be used by commercial organizations and
Section #5 Page 1
Application for Funding Assistance
Florida Department of Law Enforcement
Law Enforcement Terrorism Prevention/State Homeland Security and Buffer Zone Protection Program
contains cost principles and procedures for cost analysis and the determination, negotiation and
allowance of costs.
Audit Guidelines:
OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. This
Circular provides requirements regarding audits of State, local and tribal governments and non-profit
organizations (the Single Audit Act), in addition to the circulars for cost principles. This Circular requires
that non-Federal entities that expend $500,000 (effective January 1, 2004) or more of total Federal funds
in their fiscal year shall have a single or program-specific audit conducted for that year. Guidance on
determining Federal awards expended is provided in Section 205 of this Circular.
Unless prohibited by law, the costs of audits made in accordance with the provisions of this requirement
are allowable charges to Federal awards. The charges may be considered a direct cost or an allocated
indirect cost, as determined in accordance with the provisions of applicable OMB cost principles circulars,
the Federal Acquisition Regulation (FAR) (48CFR parts 30 and 31), or other applicable cost principles or
regulations.
For those organizations not subject to the A-133 requirements, records must still be available and
complete for review or audit by appropriate officials or representatives of the Federal agency, pass-
through entity, and Government Accountability Office (GAO). These organizations shall have financial
and compliance audits conducted by qualified individuals who are organizationally, personally, and
externally independent from those who authorize the expenditure of Federal funds to ensure that there is
no conflict of interest or appearance of conflict of interest.
The cost of auditing a non-Federal entity that has Federal awards expended of less than $500,000 per
year and is thereby exempted under the A-133 requirement may not charge such costs to their Federal
award (http://www.whitehouse.gov/omb/circularstindex.html.)
Statutory Authority- Public Law 110-412: To amend the Homeland Security Act of 2002 to improve the
financial assistance provided to State, local, and tribal governments for information sharing activities, and
for other purposes. <<NOTE: Oct. 14, 2008 - [H.R. 6098]»(http://www.gpoaccess.gov/plaws/index.html.)
1. Reports
a. Project Performance Report:
Project Performance Reports are to be submitted on a quarterly basis as follows:
Reporting period: January - March April-June July-September October-December
Deadline: April 10 July 10 October 10 January 10
b. Project Expenditure Report (PER):
Subgrantees may submit PERs monthly or quarterly. All reports are due 31 days after the end of the
reporting period. The final PER is to be submitted upon close out of the grant. All reporting and special
conditions must be satisfied prior to reimbursement. Failure to comply with the above provisions shall
result in forfeiture of reimbursement.
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. Unspent funding after the 45-day period will revert to the Department. A
subgrant funded project will not be closed out until the subgrant recipient has satisfied all closeout
requirements.
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:
Section #5 Page 2
Application for Funding Assistance
Florida Department of Law Enforcement
Law Enforcement Terrorism Prevention/State Homeland Security and Buffer Zone Protection Program
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 subrecipient 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 Financial Management
Guide, U.S. Department of Homeland Security Common Rule for State And Local Governments and
federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments", or OMB
Circular A-21, Cost Principles for Educational Institutions, FY 2008 Homeland Security Grant Program
Guidelines and Application Kit. Allowable costs are those costs identified in the circulars, as noted
herein, and in the grant program's authorizing legislation. In addition, costs must be reasonable,
allocable, necessary to the project, and comply with the funding statute requirements. It is important to
note that costs that are allowable under one program may be specifically prohibited under another.
Additionally, allowable items may change from one fiscal year to another, so it is important to verify
allowable costs with Standard Conditions specific to the fiscal year funding.
b. All procedures employed in the use of federal funds for any procurement shall be according to the
OMB Circu/arA-110 and Florida law to be eligible for reimbursement.
c. Programs that include the purchase of equipment, recipients are encouraged to review the
Interagency Board's (IAB) Standardized Equipment List (SEL) and the Authorized Equipment List
(AEL) (http://www.rkb.mipt.org.) If State agencies and/or local governments have questions
concerning the eligibility of equipment not specifically addressed in the AEL, they should contact
their Program Manager or Preparedness Officer for clarification.
5. Travel and Training
a. The cost of all travel shall be reimbursed according to local regulations, but not in excess of
provisions in Section 112.061, Florida Statutes.
b. All bills for any travel expenses shall be submitted according to provisions in Section 112.061,
Florida Statutes.
s. 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 maximum shall be made only if a revised budget is
Section #5 Page 3
Application for Funding Assistance
Florida Department of Law Enforcement
Law Enforcement Terrorism Prevention/State Homeland Security and Buffer Zone Protection Program
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 subrecipients for incurred costs is subject to available
federal funding.
8. Advance Funding
Recipient organizations generally request funds based upon immediate disbursement
requirements. Funds will not be paid in a lump sum, but rather disbursed over time as project costs
are incurred or anticipated. Recipients should time their drawdown requests to ensure that Federal
cash on hand is the minimum needed for disbursements to be made immediately or within a few
days. Beginning with fiscal year 2005 funds, recipients may elect to drawdown funds up to 120 days
prior to expenditure/disbursement. The Department strongly encourages subrecipients to draw
down funds as close to expenditure as possible to avoid accruing interest.
Advance funding may be authorized for each project according to Section 16.181(16)(b), Florida
Statutes, the OJP Financial Guide, the Homeland Security Grant Program Guidelines and
Application Kit. Advance funding shall be provided to a subgrant recipient upon a written request
to the OCJG justifying the need for such funds and verification that equipment has been orders and
is in route to the subrecipient.
Fund requests from subrecipients create a continuing cash demand on award balances of the State.
Idle funds in the hands of subrecipients will impair the goals of sound cash management. All recipients
must develop procedures for the disbursement of funds to ensure that Federal cash on hand is kept at
a minimal balance.
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.
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.
Section #5 Page 4
Application for Funding Assistance
Florida Department of Law Enforcement
Law Enforcement Terrorism Prevention/State Homeland Security and Buffer Zone Protection Program
10. Obligation of Subgrant Funds
Subgrant funds must not be obligated prior to the effective date or subsequent to the termination date of
the grant period. An obligation occurs when funds are encumbered, such as in a valid purchase order
or requisition to cover the cost of purchasing an authorized item on or after the begin date and up to the
last day of the subgrant period in the award. Any funds not properly obligated by the recipient within the
grant award period will lapse and revert to the Department. 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
Compensation for individual consultant services is to be reasonable and consistent with the amount
paid for similar services in the market place. Consideration can be given to compensation, including
fringe benefits, for those individuals whose employers do not provide the same. Time and effort reports
are required for consultants. Competitive bidding for consultant services is encouraged. The contract
period must be within the subgrant period.
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 U.S. Department of Homeland Security Financial Management Guide.
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.
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 OMB Circular A-133 and other applicable federal law. The
Section #5 Page 5
Application for Funding Assistance
Florida Department of Law Enforcement
Law Enforcement Terrorism Prevention/State Homeland Security and Buffer Zone Protection Program
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, Rules 10.550 and 10.600, Florida Administrative Code.
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 OMB 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 OMB Circulars A-110 or A-102, as
applicable.
Section #5 Page 6
Application for Funding Assistance
Florida Department of Law Enforcement
Law Enforcement Terrorism Prevention/State Homeland Security and Buffer Zone Protection Program
17. Property Accountability
The subrecipient agrees to use all non-expendable property for domestic security purposes during its
useful life or request Department disposition.
The subrecipient 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 U.S. Department of Homeland
Security Financial Management Guide or the federal OMB 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 sub-
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. A recipient has full responsibility for the conduct of the project or activity supported and
for the results achieved. The recipient must monitor the performance of the project to assure
adherence to performance goals, time schedules or other requirements as appropriate to the
project or the terms of the agreement. The recipient is responsible for monitoring the activities of
and pass-through requirements to any subrecipients.
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 document was prepared under a grant from FEMA's Grant Programs Directorate, U.S.
Department of Homeland Security. Points of view or opinions expressed in this document are those of
the author and do not necessarily represent the official position of policies of FEMA's Grant Programs
Directorate or the U.S. Department of Homeland Security."
21. Equal Employment Opportunity (EEO)
When implementing Grant Programs Directorate, U.S. Department of Homeland Security-funded
activities, the subrecipient must comply with all federal civil rights laws, to include Title VI of the Civil
Rights Act, as amended.
22. Americans with Disabilities Act 1990
Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public
Law (P.L.) 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 1), state and local
government services and transportation (Title II), public accommodations (Title III), and
telecommunications (Title IV). (Reference Title II of the Americans with Disabilities Act and Department
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Application for Funding Assistance
Florida Department of Law Enforcement
Law Enforcement Terrorism Prevention/State Homeland Security and Buffer Zone Protection Program
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.
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 Lobbying 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.
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Application for Funding Assistance
Florida Department of Law Enforcement
Law Enforcement Terrorism Prevention/State Homeland Security and Buffer Zone Protection Program
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 (5 USC 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 USC 470), Executive Order 11593, and the Archeological
and Historical Preservation Act of 1966 (16 USC 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 CFR 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.
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 subrecipient shall comply with all applicable Federal, State, local environment and historical
preservation (EHP) requirements and shall provide information requested by FEMA to ensure
compliance with applicable laws including: National Environmental Policy Act, National Historic
Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands
(11990) and Environmental Justice (12898). Failure of the subrecipient to meet Federal, State and
local EHP requirements and obtain applicable permits may jeopardize Federal funding. Subrecipients
shall not undertake any project having the potential to impact EHP resources without the prior approval
of FEMA, including but not limited to communication towers, physical security enhancements, new
construction and modification to buildings that are 50 years old or greater. Subrecipients must comply
with all conditions placed on the project as a result of the EHP review. Any change to the approved
project scope of work will require re-evaluation for compliance with EHP requirements. If ground
disturbing activities occur during project implementation, the subrecipient must ensure monitoring of
ground disturbance and if any potential archeological resources are discovered, the subrecipient will
immediately cease construction in that area and notify FEMA and the appropriate State Historical
Section #5 Page 9
Application for Funding Assistance
Florida Department of Law Enforcement
Law Enforcement Terrorism Prevention/State Homeland Security and Buffer Zone Protection Program
Preservation Office. Any construction activities that have been initiated prior to the full environmental
and historical preservation review will result in a non-compliance finding.
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. Recipients of this award shall not replace funding
appropriated from State and local governments with their Federal grant funding. It is the purpose of
these grants to increase the overall amount of resources available to the organizations funded in
order to bolster preparedness and to increase services and opportunities. Current levels of activities
or programs funded by State, local or non-governmental entity resources should only be increased
by receipt of Federal funding. Recipients therefore must ensure that they do not reduce the current
overall level of funding support to preparedness missions, absent exigent circumstances. For
example, if a State pays the salaries of three intelligence analysts, it cannot begin to pay the salary
of one of them with Federal grant funding. It could, however, hire a fourth analyst.
Potential supplanting will be the subject of application review, as well as pre-award review, post-
award monitoring, and audit. If there is a potential presence of supplanting, the applicant or grantee
will be required to supply documentation demonstrating that the reduction in non-Federal resources
occurred for reasons other than the receipt or expected receipt of Federal funds.
A confirmation during the application process may be requested by the awarding agency or
recipient agency stating that Federal funds will not be used to supplant State or local funds.
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
Section #5 Page 10
Application for Funding Assistance
Florida Department of Law Enforcement
Law Enforcement Terrorism Prevention/State Homeland Security and Buffer Zone Protection Program
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 equipment") 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.
41. Memorandum of Understanding (MOU) Requirements
The Department Reserves the right to require that applicants of funding under this agreement must
enter into a formal MOU with the local unit of government or urban area, specifying the amount of funds
to be retained by the state and the intended use of the funds. This MOU request must be initiated by
the local unit of government or urban area. Agencies are encouraged, but not required to submit these
MOUs to their Office of Domestic Preparedness Officer for the review to ensure compliance. A final,
executed copy of the MOU must be submitted along with the application for funding to the Department
and must be available to the Department of Homeland Security upon request.
42. Commingling of Funds
Federal agencies shall not require physical segregation of cash deposits or the establishment of any
eligibility requirements for funds that are provided to a recipient. However, the accounting systems of all
recipients and subrecipients must ensure that agency funds are not commingled with funds from other
awards or Federal agencies. Each award must be accounted for separately. Recipients and
subrecipients are prohibited from commingling funds on either a program-by-program or project-by-
project basis without prior written approval of the awarding agency.
Section #5 Page 11
Application for Funding Assistance
Florida Department of Law Enforcement
Law Enforcement Terrorism Prevention/State Homeland Security and Buffer Zone Protection Program
43. Conflicts of Interest
To avoid conflicts of interest, personnel and other officials connected with agency funded programs
shall adhere to the following requirements:
No official or employee of a State or unit of local government or a non-governmental
recipient/subrecipient shall participate personally through decisions, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise in any proceeding, application,
request for a ruling or other determination, contract, award, cooperative agreement, claim,
controversy, or other particular matter in which award funds (including program income or other
funds generated by Federally funded activities) are used, where to his/her knowledge, he/she or
his/her immediate family, partners, organization other than a public agency in which he/she is
serving as an officer, director, trustee, partner, or employee, or any person or organization with
whom he/she is negotiating or has any arrangement concerning prospective employment, has a
financial interest, or has less than an arms-length transaction.
In the use of agency project funds, officials or employees of State or local units of government and
non-governmental recipient/subrecipients shall avoid any action that might result in, or create the
appearance of:
• Using his or her official position for private gain;
• Giving preferential treatment to any person;
• Losing complete independence or impartiality;
• Making an official decision outside official channels; or
• Affecting adversely the confidence of the public in the integrity of the government or the program.
For example, where a recipient of federal funds makes sub-awards under any competitive process
and an actual conflict or an appearance of a conflict of interest exists, the person for whom the
actual or apparent conflict of interest exists should recuse himself or herself not only from reviewing
the application for which the conflict exists, but also from the evaluation of all competing
applications.
Violations of the conflict of interest standards may result in criminal, civil, or administrative penalties.
44. Maintenance contracts
The cost of an equipment maintenance agreement is allowable for the period of time that covers the
grant project period. Any portion of the contract that extends beyond the grant period may not be
charged to the grant award using Federal or matching funds. For example, if the grant project
period is one year and the maintenance agreement is for three years, only the cost associated with
the first year of the agreement would be allowable. The grantee would have to prorate the cost of
the agreement to cover only the grant project period.
45. Warranty costs
Warranty costs (extensions) on equipment providing extended coverage for parts, labor and repair,
above and beyond the term of the original manufacturer's warranty, are allowable if the cost of the
warranty is included as part of the acquisition cost. Acquisition cost means the cost of the asset
including the cost to put it in place. Acquisition cost for equipment, for example, means the net invoice
price of the equipment, including the cost of any modifications, attachments, accessories, or auxiliary
apparatus necessary to make it usable for the purpose for which it is acquired.
46. Sole Source Procurement (Non-Competitive)
All non-state procurement transactions shall be conducted in such a manner that provides, to the
maximum extent practical, open and free competition. However, should a subrecipient elect to
award a contract without competition, sole source justification may be necessary. Justification must
be provided for non-competitive procurement on the forms provided and should include a
Section #5 Page 12
Application for Funding Assistance
Florida Department of Law Enforcement
Law Enforcement Terrorism Prevention/State Homeland Security and Buffer Zone Protection Program
description of the program and what is being contracted for, an explanation of why it is necessary to
contract noncompetitively, time constraints and any other pertinent information. Subrecipients must
obtain approval from the Department prior to procurement.
Section #5 Page 13
P%PP11GdL11u11 lui ruiiuiigj /1„i7LdIlGid
- Florida Department of Law Enforcement
Buffer Zone Protection Plan
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below.
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
State, of Florida.
,Dopartment of L.aw Enforcement
C?!ifice',of. Criminal Justice Grants
Signature:
Typed Name and Title:
a. !'if
O"n H. Wader, Aftkk t
Date: 4?
Subgrant Recipient
Author Izln Qfficial of;Govemmentsl Untt
(commission Chairmarrl? Mayor, br,Designated Representative)
Typed Name of Subgrant Recipient: City of Clearwater
Signature:
Typed Name and Title:
Frank V. Hibbard, Mayor
Date: 5 / 7 / 0 9
Implementing Agency.
Officials Administrator or, Designated, Representative
Typed Name of Implementing Agency: City of Clearwater Police Department
Signature:
Typed Name and Title: _Sid Klein, Chief of PQ1ce
Date:
Application Ref # 2009-BZPP-63
Contract -BZPP-PINE- - -
Section #6 Page 1 of 1