RED LIGHT RUNNING - IN-CAR VIDEO ENHANCEMENT PROJECT II (2008-JAGC-PINE-5-Q9-173)
FDLE
Florida Department of
Law Enforcement
Office of Criminal Justice Grants Charlie Crist, Governor
Post Office Box 1489 Bill McCollum, Attorney General
Tallahassee Florida 3~W-14B9 . ":l c:: Alex Sink, Chief Financial Officer
(850) 617-1250 1001 ::it~ tl A Ict~l'Ies H. Bronson, Commissioner of Agriculture
www.fdle.stateJl.us
Gerald M. Bailey
Commissioner
RECEIVED
OFfiCE Of
pnUCE CHIEf
COPIES TO
CITY COUNCIL
SCP 14 2007
PRESS
'1I=RK/ATTnRt\L':-'
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- r~.J .
SEP 1 0 2007
The Honorable Frank Hibbard
Mayor
City of Clearwater
Post Office Box 4748
Clearwater, FL 33758-4748
Re: Contract No. 2008-JAGC-PINE-5-Q9-173
Dear Mayor Hibbard:
The Florida Department of Law Enforcement is pleased to award an Edward Byrne
Memorial Justice Assistance Grant to your unit of government in the amount of
$ 32,225.00 for the project entitled, RED LIGHT RUNNING - IN-CAR VIDEO
ENHANCEMENT PROJECT II. These funds shall be utilized for the purpose of
reducing crime and improving public safety.
A copy of the approved subgrant application with the referenced contract number is
enclosed for your file. All correspondence with the Department should always refer to
the project number and title.
Your attention is directed to the Standard Conditions of the subgrant. Changes were
made to these conditions after your application was received in this office. Therefore,
these Standard Conditions should be reviewed carefully by those persons responsible
for project administration to avoid delays in project completion and costs
reimbursements.
The enclosed Certification of Acceptance should be completed and returned to the
Department within 30 calendar days from the date of award. This certificate constitutes
official acceptance of the award and must be received by the Department prior to the
reimbursement of any project expenditures.
Committed to
Service. Integrity. Respect. Quality
The Honorable Frank Hibbard
Page Two
We look forward to working with you on this project. If we can be of further assistance,
please contact Janice Parish at 850/617-1250.
Sincerely,
CQ lA4t ~ II I.a ....011.4,.1
Clayt<1n H. Wncfer-
Administrator
C HWIJ PIth
Enclosures
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD
The subgrantee, through its authorized representative, acknowledges receipt and
acceptance of subgrant award number 2008-JAGC-PINE-5-Q9-173, in the amount of
$ 32,225.00, for a project entitled, RED LIGHT RUNNING - IN-CAR VIDEO
ENHANCEMENT PROJECT II, for the period of 10/01/2007 through 09/30/2008, to
be implemented in accordance with the approved subgrant application, and subject
to the Florida Department of Law Enforcement's Standard Conditions and any
special conditions governing this subgrant.
See Attached Signature Page
(Signature of Subgrantee's Authorized Official)
Frank V. Hibbard, Mayor
(Typed Name and Title of Official)
City of Clearwater
(Name of Subgrantee)
(Date of Acceptance)
Rule Reference 110-9.006 OCJG-012 (Rev. October 2005)
Countersigned: CITY OF CLEARWATER, FLORIDA
~ J( ~: dJPL.~~~-rJ:
~ V. Hibbard. William B. Horne II
Mayor City Manager
Approved as to form:
Attest:
RJdJlJJr ~
Robert J urette
Assistant City Attorney
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
SUBGRANT AWARD CERTIFICATE
Subgrantee: City of Clearwater
Date of Award: q - I()- /) 7
Grant Period: From: 10/01/2007 TO: 09/30/2008
Project Title: RED LIGHT RUNNING - IN-CAR VIDEO ENHANCEMENT PROJECT
II
Grant Number: 2008-JAGC-PINE-5-Q9-173
Federal Funds: $ 32,225.00
State Agency Match:
Local Agency Match: $ 0.00
Total Project Cost: $ 32,225.00
State Purpose Area: 001 : Law Enforcement Support
CFDA Number: 16.738
Award is hereby made in the amount and for the period shown above of a subgrant
under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-
351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the above
mentioned subgrantee and subject to any attached or special conditions.
This award is subject to all applicable rules, regulations, and conditions as contained
in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1D,
Office of Justice Programs, Common Rule for State and Local Governments and A-
87, or OMB Circulars A-110 or A-102, as applicable, and A-21 , 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 P.L. 90-351, as amended, and P.L. 100-690.
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 Certificate of
Acceptance of Subgrant Award is returned to the Department.
C!P~ 1.1. ~
Authorized Icial
Clayton H. Wilder
Administrator
<1. /()-fJ/1
Date
( ) This award is subject to special conditions (attached).
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
, , "
SeDlian 1: Adminislr:alilln " ,"
,I "
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 -562-4052
Suncom:
Email: fhibbard@clearwater-f1.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
Suncom:
Email: margie.simmons@myclearwater.com
Application Ref #
Contract
2008-JAGC-798
2008-JAGC-PI NE-5-Q9-173
Section #1 Page 1 of 2
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
~"
Section 1: Administration '
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
Suncom:
Email: sid.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
Suncom:
Email: sid.klein@myclearwater.com
Application Ref #
Contract
2008-JAGC-798
2008-JAGC-PI NE-5-Q9-173
Section #1 Page 2 of 2
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
General Project Information
Project Title: RED LIGHT RUNNING - IN-CAR VIDEO ENHANCEMENT PROJECT
II
1
Project Sequence No:
Subgrant Recipient:
Implementing Agency:
Project Start Date:
Problem Identification
City of Clearwater
City of Clearwater Police Department
10/1/2007 End Date: 9/30/2008
Problem Description
The Clearwater Police Department (CPO) seeks to continue to reduce the number of red light
running violations and to increase enforcement of other traffic violations, such as aggressive
driving and speeding, on a citywide basis.
CPO is responsible for traffic enforcement within the City of Clearwater. Consistently, when CPO
conducts its Citizen Satisfaction Survey, Clearwater residents cite traffic as one of their top
concerns.
In year I of the grant, CPO focused primarily on red light enforcement at four high-crash
intersections. In year II of the grant, CPO will respond to public demand and expand its enhanced
enforcement of all traffic laws citywide.
Problem Significance
In Clearwater traffic violations are increasing as traffic congestion and the frustration that goes with
it also increase. Unfortunately, red light running is only one part of the problem. Other traffic
violations that contribute to the overall traffic problem in Clearwater include behaviors such as
aggressive driving and speeding. Neighborhood concerns can range from a stop sign that is
consistently being ignored by motorists to commuters speeding through a residential area asa
shortcut to work. These are the types of traffic concerns that Clearwater will address in year II of
the grant project utilizing the digital camera technology.
Speeding
According to a 2002 study conducted by the National Highway Traffic Safety Administration
(NHTSA), approximately three-quarters of the participating drivers admitted that they had driven
over the speed limit on all types of roads within the previous month. In fact, a majority of all drivers
of all ages admitted to speeding. Interestingly, 68% of the drivers in this study felt that other
drivers' speeding was a major threat to their own personal safety. More than three-quarters of
drivers felt that it is at least "somewhat important" that something be done to reduce speeding on
all road types.
Speeding is defined by the Federal Highway Administration (FHWA) as "speed too fast for
conditions or in excess of the posted limit." Speeding occurs daily on every road in the United
States, but the consequences of speeding are much more serious on some roadways than on
others.
Application Ref #
Contract
2008-JAGC-798
-JAGC-PINE- - -
Section #2 Page 1 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
According to FHWA, despite their low traffic volume, almost half of all speeding fatalities occur on
local and collector roads -- low speed roads found in residential and business areas. Local and
collector roads in America have a speeding fatality rate almost triple that of the Interstate
highways. Collector and local roadways are designed to provide more land access and lesser
mobility. They may have sharp curves, steeper grades, and sight restrictions. The local road may
also be shared by a high concentration of children and adult pedestrians, bicyclists, and an older
user population. Collector and local roads make up the overwhelming majority of Clearwater's
roadways.
A June 2005 NHTSA report entitled Analysis of Speeding-Related Fatal Motor Vehicle Traffic
Crashes reported that 13,713 fatalities -- about one-third of all fatalities that occurred in motor
vehicle traffic crashes -- were speeding related. NHTSA reports that the economic cost to society
of speeding-related crashes is estimated to be $27.7 billion annually.
Aggressive Driving
The definition of aggressive driving can vary from jurisdiction to jurisdiction. Some examples of
what is generally recognized as aggressive driving are: speeding up to yellow; improper lane
change or weaving; closing the gap to prevent entry; threatening or insulting by yelling, gesturing,
honking repeatedly; tailgating to punish or coerce; cutting off to retaliate; pointing a gun or
shooting; and assaulting with the car or battering object.
According to NHTSA, drivers believe that others are driving more aggressively now than in the
past. In a telephone survey of 6,000 drivers, sixteen years of age and older, more than 60 percent
of the drivers interviewed believed that unsafe driving by others was a major personal threat to
them and their families. Three out of four drivers felt that doing something about unsafe driving
was "very important."
NHTSA reports about 66 percent of all traffic fatalities annually are caused by aggressive driving
behaviors, such as passing on the right, running red lights and tailgating. The cost of aggressive
driving is immense. Over the past decade, aggressive driving has killed an average of 1,500
people each year, injured another 800,000 and cost the country roughly $24 billion in medical
costs, property damage and lost time from work. (Source: USA Today)
Needs Assessment
For three consecutive years, four of the top five intersections for traffic crashes were located in
Clearwater: U.S. 19 and SR. 60; U.S. 19 and Drew St.; U.S. 19 and Sunset Point Rd.; and, S.R.
60 and Belcher Rd. These intersections will continue to be monitored with enhanced enforcement
using the digital in-car cameras, but now the project will go citywide. This means that all red light
runners at any intersection in the City of Clearwater may find themselves on camera and facing a
citation.
Since the project began in January 2007, 550 red light citations have been issued at these four
high crash intersections while the Traffic Enforcement Team was conducting the Red Light
Running enforcement details.
Application Ref #
Contract
2008-JAGC-798
-JAGC-PINE- --
Section #2 Page 2 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
As had been anticipated, the digital cameras have led to a savings in police officer court time, as
most violators, when faced with the irrefutable video evidence that they had indeed run the red
light, opted not to fight the ticket in court and simply paid the fine.
Project Summary
The Clearwater Police Department (CPD) is seeking funds for the purchase of 5 in-car digital video
cameras to be installed in designated assigned patrol cars; additional memory for the server
purchased during year I of the project; and necessary corresponding installation costs.
CPD will install the in-car digital video cameras in designated patrol cars that have been assigned
to a specific officer who will be trained in the use of the camera and responsible for the equipment
and vehicle. These officers will utilize the in-car cameras to perform enhanced traffic enforcement
during various shifts (day/night) throughout the City of Clearwater.
Project Goals
CPD's goal for this particular project is to increase traffic citations overall citywide by the 5
assigned officers by 10% by September 30, 2008, for all traffic violations occurring within the City
of Clearwater, including -- but not limited to -- red light running, aggressive driving, and speeding.
Project Staff
Lt. Nancy Miller, Section Commander, Traffic Enforcement Section
Sgt. Richard Harris, Traffic Enforcement Supervisor, Traffic Enforcement Team
5 designated Patrol Officers
Project Equipment
CPD seeks grant funding for the purchase of 5 in-car digital video cameras for designated patrol
vehicles; additional memory for the project server; and necessary corresponding installation costs.
Project Activities/Administration
Clearwater proposes to use grant funding to expand its successful Red Light Running In-Car Video
Enhancement Project by purchasing and installing 5 additional digital video cameras that will
capture traffic violations throughout the City of Clearwater on digital video. This enhanced
enforcement will be accompanied by the same public education that was provided in year I of the
grant, including the placement of electronic signboards, distribution of educational literature, and at
least one episode of Blueline CPD.
Enforcement:
Traffic enforcement has always been a priority for CPD. Always responsive to the demands of the
residents whom they serve, Clearwater police are now looking to address the constant complaints
received about traffic in their jurisdiction. CPD conducts a customer satisfaction survey to solicit
input regarding how well it is doing its job and what problems may need increased attention. In
each and every survey, Clearwater
Application Ref #
Contract
2008-JAGC-798
-JAGC-PINE- - -
Section #2 Page 3 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
residents have repeatedly complained about traffic problems. This project is a response to those
concerns.
Last year, Clearwater implemented the Red Light Running In-Car Video Enhancement Project in
an attempt to reduce the number of crashes at four designated intersections. Using in-car digital
video cameras that captured the actual violation on video, CPO's Traffic Team sent a very clear
message to the public about the hazards of running a red light in Clearwater.
As expected, the cameras have proven to be a very effective tool for enforcing red light violations.
Based on that success, CPO now plans to expand the use of the cameras citywide by adding an
additional 5 cameras to assigned cruisers. CPO's Traffic Enforcement Commander, Lt. Nancy
Miller, will select 5 regular patrol officers to take part in the project. These officers will each have a
specific assigned patrol car so that they will be exclusively responsible for the camera. This
procedure will also limit the expense of the number of officers who must be specially trained in the
use of the camera equipment.
Once the cameras have been installed and the officers trained, they will be freed up from their
regular calls -- at Lt. Miller's direction -- to focus solely on the enforcement of traffic violations.
These officers will be working in various locations, at various times during the day/night,
throughout the City of Clearwater, looking for a variety of violations, including aggressive driving,
speeding, and red light running.
As in the first year of the grant, the in-car video cameras will be activated when the police officer
turns on his emergency equipment. The cameras will be programmed so that they will record the
previous 30 seconds of observed activity to actually document the violation observed by the
officer. Just as the officer was able to observe a red light running infraction and record it, now the
officer will do the same when he/she observes someone running a stop sign, making an
obscene/threatening gesture to another motorist, weaving erratically from lane to lane, or
tailgating. The officer can also leave the camera running for a longer period of time to record an
ongoing violation. The cameras also have the capability of recording the speed of vehicles on the
road, so they will be very effective in capturing speeding violations as they occur.
Once again, the cameras will prove very useful when a motorist is stopped for a violation that
he/she denies committing, because CPO will now have digital video evidence proving that the
violation actually did take place. .
The cameras and the evidence that they will produce will make convictions of traffic violations
much easier to obtain in the courts. The cameras will most likely continue to lead to reduced costs
for police officer time in court, as it is anticipated many motorists -- when faced with their violation
actually captured on video -- will opt not to argue their case in court and will simply pay the ticket.
Most importantly, it is anticipated that the in-car digital video cameras will lead to an overall
reduction in traffic violations throughout the City of Clearwater.
An additional benefit of the cameras will also be that suspects who are placed in the rear seat of
the cruiser will be recorded, both orally and visually. This could also provide unexpected evidence
being produced by suspects who may discuss their criminal activity while in the rear of the cruiser,
unaware that the video camera is recording their conversation.
Application Ref #
Contract
2008-JAGC-798
-JAGC-PINE- - -
Section #2 Page 4 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Education:
Clearwater will continue to utilize the same public information and educational tools to get the
message out about enhanced traffic enforcement in Clearwater, including the following:
. News releases will be sent out to the media, including local Spanish language television and radio
stations.
. The Police Department will also utilize its own cable access television station to publicize the
project on BlueLine CPO, an interactive community policing show that informs the public about
police activities.
. Electronic sign boards will be located throughout the City of Clearwater to warn the public about
the enhanced traffic enforcement.
. Bilingual, educational brochures on red light running, aggressive driving, speeding, etc. will be
distributed throughout the City at various events and locations (City recreation centers, libraries,
Hispanic Outreach Center).
Target Groups, Clients and Participants
Because the end result of the Red Light Running In-Car Video Enhancement Project II will be a
safer Clearwater, all motorists and pedestrians, including residents and visitors, who travel the
roadways of the City of Clearwater will be the beneficiaries of this project.
Administration and Location
Administration of the program will be through the Traffic Enforcement Section, Patrol Division of
CPO, which is housed at the Department's main headquarters at 645 Pierce Street, Clearwater,
FL. The grant activities will be coordinated from this central location and supervised by Sergeant
Richard Harris, and his supervisor, Lt. Nancy Miller. Most of the actual grant activities will be
performed by the 5 patrol officers and will take place in the community "on the road," citywide.
Project Results
The results of the project will be measured by comparing baseline citation statistics and the
number of citations issued by the assigned officers during the grant period to determine if the
program is having the intended impact.
Application Ref #
Contract
2008-JAGC-798
-JAGC-PINE- - -
Section #2 Page 5 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
General Performance Info:
Performance Reporting Frequency:
Quarterly
Federal Purpose Area: 001 - Law Enforcement Programs
State Purpose Area: 001 - Law Enforcement Support
Activity Description
Activity: Equipment Purchase
Target Group: Other
Geographic Area: City-Wide
Location Type: City-Wide
Target Group Questions:
Question:
Answer:
Please provide the name of the target group.
All motorists and pedestrians, including residents and visitors, who travel the
roadways of the City of Clearwater.
Objectives and Measures
Objective: 001.03 - Procuring equipment, technology, and other material directly related to
basic law enforcement functions.
Measure: Part 1
Will there be procurement of any equipment, technology or other material directly
related to basic law enforcement functions?
Goal: Yes
Objective PSO-01 - Increase traffic citations overall citywide by the 5 assigned officers by 10%
by the end of the grant period.
Measure: PSO-01.01
Will overall citywide traffic citations by the 5 assigned officers increase by 10% by the
end of the grant period?
Goal: Yes
Application Ref #
Contract
2008-JAGC-798
2008-JAGC-PINE-5-Q9-
Section #3 Page 1 of 2
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Section Questions:
Question: If "other" was selected for the geographic area, please describe.
Answer: n/a
Question: If "other" was selected for location type, please describe.
Answer: n/a
Application Ref #
Contract
2008-JAGC-798
-JAGC-PINE- - -
Section #3 Page 2 of 2
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
General Financial Info:
Note: All financial remittances will be sent to the Chief Financial Officer
of the Subgrantee Organization.
Financial Reporting Frequency for this Subgrant: Quarterly
Is the subgrantee a state agency?: No
SAMAS I Vendor Number: 59-6000289
Budget:
Budget Category Federal Match Total
Salaries and Benefits $0.00 $0.00 $0.00
Contractual Services $0.00 $0.00 $0.00
Expenses $1,750.00 $0.00 $1,750.00
Operating Capital $30,475.00 $0.00 $30,475.00
Outlay
Indirect Costs $0.00 $0.00 $0.00
-- Totals -- $32,225.00 $0.00 $32,225.00
Percentage 100.0 0.0 100.0
Project Generated Income:
Will the project earn project generated income (PGI) ? No
Application Ref #
Contract
2008-JAGC-798
-JAGC-PINE- - -
Section #4 Page 1 of 3
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Budget Narrative:
Expenses ($1,750)
Installation of in-car digital cameras in 5 vehicles @ approximately $350 each for total of $1,750
Operating Capital Outlay ($30,475)
Purchase of 7.5TB additional memory for server @ approximately $4,000
Purchase of 5 in-car digital cameras @ approximately $4,895 each for total of $24,475
Purchase 5 Hardware ControllnterfacelLCD for units without laptop control @ approximately $400
each for total of $2,000
Grand Total of Costs: $32,225
Application Ref #
Contract
2~AGC-798
2008-JAGC-PINE-5-Q9-
Section #4 Page 2 of 3
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Section Questions:
Question: Indicate the Operating Capital Outlay threshold established by the subgrantee.
Answer: $750
Question: If salaries and benefits are included in the budget as actual costs for staff in the
implementing agency, is there a net personnel increase, or a continued net personnel
increase from the previous Byrne program?
Answer: No
Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of
salaries and benefits), and provide documentation of the appropriate approval of this
plan.
Answer: No
Question: If the budget includes services based on unit costs, provide a definition and cost for
each service as part of the budget narrative for contractual services. Include the
basis for the unit costs and how recently the basis was established or updated.
Answer: No
Application Ref #
Contract
2008-JAGC-798
-JAGC-PINE- - -
Section #4 Page 3 of 3
Edward Syrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
l$tarld.t~C~gaifl~~~j
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 17 of this section.
1. All Subgrant Recipients must comply with the financial and administrative requirements set
forth in the current edition of the U.S. Department of Justice, Office of Justice Programs
(OJP) Financial Guide and Edward Byrne Memorial Justice Assistance Grant (JAG)
Program Guidance as well as Florida laws and regulations including the Florida
Administrative Code Chapter 110-9, Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees
to comply with all Federal statutes, regulations, policies, guidelines and requirements,
including OMB Circulars A-21, A-110, A-102, A-122, A-133, A-87, as applicable; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR,
Part 66, Common Rule and Part 67, Drug-free Workplace, Equal Treatment Regulation 28
CFR, Part 38.
2. 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 OMS Circular A-87, "Cost Principles for State~ Local and Indian Tribal Governments",
or OMS 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 OMS
Circular A-11 0, or OMS Circular A-1 02, and Florida law to be eligible for reimbursement.
3. Reports
a. Project Performance Reports - JAG Countywide Only
(1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project
Performance Reports to the Florida Department of Law Enforcement, hereafter known as
the Department, by February 1, May 1, August 1, and within forty-five (45) days after the
subgrant termination date. In addition, if the subgrant award period is extended beyond
the "original" project period, additional Quarterly Project Performance Reports shall be
submitted.
Failure to submit Quarterly Performance Reports that are complete, accurate and timely
may result in sanctions, as specified in item 17, Performance of Agreement Provisions.
(2) Report Contents: Performance reports must include both required sections, the
quantitative response (in response to specific objectives and measures) and the
qualitative narrative. The narrative must reflect on accomplishments for the quarter,
incorporate specific items specified for inclusion in performance measures, and also
identify problems with project implementation and address actions being taken to resolve
the problems.
SFY 2008
Rule Reference 110-9.006
Page 1
OCJG-005 (rev. October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
b. Financial Reports
(1) Project Expenditure Reports
(a) The JAG Countywide subgrant recipient shall have a choice of submitting either a
Monthly or a Quarterly Project Expenditure Report to the Department Monthly
Project Expenditure Reports (1-11) are due thirty-one (31) days after the end of the
reporting period. Quarterly Project Expenditure 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 Project Expenditure Reports shall be submitted
(b) The JAG Direct subgrant recipient shall submit one Project Expenditure Report for
the entire subgrant period.
(c) All project expenditures for reimbursement of subgrant recipient costs shall be
submitted on the Project Expenditure Report Forms prescribed and provided by the
Office of Criminal Justice Grants (OCGJ).
(d) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre-
audit and post-audit
(e) Before the "final" Project Expenditure Report will be processed, the subgrant
recipient must submit to the Department all outstanding project reports and must
have satisfied all special conditions. Failure to comply with the above provisions
shall result in forfeiture of reimbursement
(f) Reports are to be submitted even when no reimbursement is being requested.
(2) The Closeout Documentation shall be submitted to the Department within forty-five (45)
days of the subgrant termination period.
(3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income
Reports to the Department by February 1, May 1, August 1, and within forty-five (45)
days after the subgrant termination date covering subgrant project generated income and
expenditures during the previous quarter. (See Item 10, Program Income.)
c Other Reports
The recipient shall report to the Uniform Crime Report and other reports as may be
reasonably required by the Department
4. Fiscal Control and Fund Accounting Procedures
a The subgrant recipient shall 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 shall be disbursed according to provisions of the
project budget as approved by the Department
b. All expenditures and cost accounting of funds shall conform to OJP Financial Guide (as
amended), US Department of Justice Common Rule for State and Local Governments, and
federal Office of Management and Budget's (OM B) Circulars A-21, A-87, and A-11 0, or A-1 02
as applicable, in their entirety
c. All funds not spent according to this agreement shall be subject to repayment by the subgrant
recipient.
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5. Payment Contingent on Appropriation and Available Funds
The State of Florida's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Florida Legislature Furthermore, the obligation of the State of
Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds
6. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the subgrant 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 reimbursement.
7. Advance Funding
a. JAG Countywide _ Advance funding may be authorized for up to twenty-five (25) percent of
the federal award for each project according to Section 216.181 (16)(b), Florida Statutes, the
OJP Financial Guide, and the US 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 Department. This request, shall be either enclosed with the subgrant
application or submitted to the Department 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
b JAG Direct _ The Department shall award program funds to the recipient in a single, lump
sum payment.
8. Trust Funds
a. The unit of local government must establish a trust fund in which to deposit JAG funds. The
trust fund mayor may not be an interest bearing account.
b The account may earn interest. but any earned interest must be used for program purposes
and expended before the subgrant end date.
9. Travel and Training
a. All travel expenses relating to field trips with youth requires written approval of the
Department prior to commencement of actual travel.
c. The cost of all travel shall be reimbursed according to local regulations, but not in excess of
provisions in Section 112.061, Florida Statutes.
d. All bills for any travel expenses shall be submitted according to provisions in Section
112061, Florida Statutes.
10. Program Income (also known as Project Generated Income)
Program income means the gross income earned by the subgrant recipient during the subgrant
period, as a direct result of the subgrant award. Program income shall be handled according to
theOJP Financial Guide and U.S. Department of Justice Common Rule for State and Local
Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts,
Disbursements, and Operation of The Cash Management Improvement Fund).
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11. Approval of Consultant Contracts
The Department shall review and approve in writing all consultant contracts prior to employment
of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an
eight-hour day. Approval 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 Department's approval of the subgrant
recipient agreement does not constitute approval of consultant contracts.
12. Property Accountability
a, The subgrant recipient agreesto use all non-expendable property for criminal justice
purposes during its useful life or request Department disposition.
b. The subgrant recipient shall 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 OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local
Governments or the federal OMS Circular A-11 0 or A-1 02, as applicable This obligation
continues as long as the subgrant recipient retains the property, notwithstanding expiration of
this agreement.
13. 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 OJP Financial Guide (as
amended), and the US Department of Justice Common Rule for State and Local Governments,
or the federal OMS Circular A-110 or A-102, as applicable,
14. Copyright
The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, for Federal government purposes:
a. The copyright in any work developed under an award or subaward, and
b Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership
with support funded under this grant agreement
15. Publication or Printing of Reports
The subgrant recipient shall submit for review and approval one copy of any curricula, training
materials, or any other written materials that will be published, including web-based materials and
web site content, through funds from this grant at least thirty (30) days prior to the targeted
dissemination date.
All materials publicizing or resulting from award activities shall contain the following st;3tements:
"This project was supported by Award No. [contact OCJG for award number] awarded by the
Bureau of Justice Statistics, Office of Justice Programs The opinions, findings, and conclusions
or recommendations expressed in this publication/program/exhibition are those of the author(s)
and do not necessarily reflect the views of the Department of Justice."
1 G. Audit
a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a
single or program-specific audit conducted for that year. The audit shall be performed in
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accordance with the federal OMB Circular A-133 and other applicable federal law. The
contract for this agreement shall be identified in The Schedule of Federal Financial
Assistance in the subject audit. The contract shall 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 shall submit an annual financial audit that meets the requirements of
Sections 11.45 and 21597, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the
Florida Auditor General.
b A complete audit report that 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 shall 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 to the subgrant recipient
c. The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient shall 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 shall 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 that expend less than $500,000 in Federal awards during a fiscal year
are exempt from the audit requirements of OBM Circular A-133 for that fiscal year. In this
case, written notification, which can be in the form of the "Certification of Audit Exemption"
form, shall be provided to the Department by the Chief Financial Officer, or designee, that the
subgrant recipient is exempt. This notice shall 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 nght to recover
any disallowed costs identified in an audit completed after such closeout.
h. The completed audit report or notification of non-applicability should be sent to the following
address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
17. 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
shall impose sanctions it deems appropriate including withholding payments and cancellation,
termination, or suspension of the agreement in whole or in part. In such event, the Department
shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of
such sanction. The subgrant recipient shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
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18. Commencement of Project
a If a project has not begun within sixty (60) days after acceptance of the subgrant award, the
subgrant recipient shall send a letter to the Department indicating steps to initiate the project,
reason for delay and request a revised project starting date.
b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the
subgrant recipient shall send another letter to the Department, again explaining the reason
for delay and request another revised project starting date.
c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for
delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-
obligate subgrant funds to other Department approved projects. The Department, where
warranted by extenuating circumstances, may extend the starting date of the project past the
ninety (90) day period, but only by formal written amendment to this agreement.
19. Excusable Delays
a. Except with respect to defaults of consultants, the subgrant recipient shall 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 shall be
beyond the control and without the fault or negligence of the subgrant recipient.
b. If failure to perform is caused by failure of a consultant to perform or make progress, and if
such failure arises out of causes beyond the control of subgrant recipient and consultant, and
without fault or negligence of either of them, the subgrant recipient shall not be deemed in
default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other
sources,
(2) The Department ordered the subgrant recipient in writing to procure such supplies or
services from other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant recipient, the Department shall 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 shall be revised accordingly
20. 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, target populations, service providers, implementation
schedules, designs or research plans set forth in the approved agreement;
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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, ie., increasing the quantity of equipment
items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and
Benefits category.)
d. Under no circumstances can transfers of funds increase the total budgeted award.
21. Disputes and Appeals
a. The Department shall make its decision in writing when responding to any disputes,
disagreements or questions of fact arising under this agreement and shall distribute its
response to all concerned parties. The subgrant recipient shall proceed diligently with the
performance of this agreement according to the Department's decision.
b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in
writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The
$ubgrant recipient's right to appeal the Department's decision is contained in Chapter 120,
Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code.
Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter
120, Florida Statutes.
22. Conferences and Inspection of Work
Conferences may be held at the request of any party to this agreement. At any time, a
representative of the Department, of the U.S. Department of Justice, or the Auditor General of the
State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work
performed under this agreement.
23. Access To Records
a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U. S
Department of Justice, the U.S Comptroller General or any of their duly authorized
representatives, shall 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 OJP Financial Guide (as amended), and the U.S Department of Justice
Common Rule for State and Local Governments
b. 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 recipient or its contractor in conjunction with this
agreement
24. Retention of Records
The subgrant recipient shall 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
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25. Signature Authority
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, ADP Justification and the
Privacy Certification forms The Project Director has authority to submit requests for approval of
specific travel, and Performance Reports, with the exception of the Financial and Closeout
Package, which also requires the signature by the Chief Financial Officer of the Subgrant
Recipient or authorized designee.
26. 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.
27. 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.
28. Background Check
Whenever a background screening for employment or a background security check is required by
law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida
Statutes shall apply.
a All positions in programs providing care to children, the developmentally disabled, or
vulnerable adults for 15 hours or more per week; all permanent and temporary employee
positions of the central abuse hotline; and all persons working under contract who have
access to abuse records are deemed to be persons and positions of special trust or
responsibility and require employment screening pursuant to Chapter 435, F.S, using the
level 2 standards set forth in that chapter.
b. All employees in positions designated by law as positions of trust or responsibility shall be
required to undergo securi'ty background investigations as a condition of employment and
continued employment For the purposes of the subsection, security background
investigations shall include, but not be limited to, employment history checks, fingerprinting
for all purposes and checks in this subsection, statewide criminal and juvenile records checks
through the Florida Department of Law Enforcement, and federal criminal records checks
through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1) . Any person who is required to undergo such a security background investigation and
who refuses to cooperate in such investigation or refuses to submit fingerprints shall be
disqualified for employment in such position or, if employed, shall be dismissed
(2) Such background investigations shall be conducted at the expense of the employing
agency. When fingerprinting is required, the fingerprints of the employee or applicant
for employment shall be taken by the employing agency or by an authorized law
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enforcement officer and submitted to the Department of Law Enforcement for
processing and forwarding, when requested by the employing agency, to the United
States Department of Justice for processing. The employing agency shall reimburse
the Department of Law Enforcement for any costs incurred by it in the processing of the
fingerprints.
29. Drug Court Projects
a. A Drug Court Project funded by the JAG Grant Program must contain the 10 key elements
outlined in the U.S Department of Justice, Office of Justice Programs, Drug Courts Program
Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This
document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700.
b. To ensure more effective management and evaluation of drug court programs, the subgrant
recipient agrees that drug court programs funded with this award shall collect and maintain
follow-up data on criminal recidivism and drug use relapse of program participation. The data
collected must be available to U.S. DOJ and FDLE upon request.
30. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S.
Department of Justice encourages consultation with all allied components of the criminal justice
system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for
systemic impacts such as increased court dockets and the need for detention space.
31. Criminal Intelligence System
a The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence
Systems Operating Policies is to assure that subgrant recipients of federal funds for the
principal purpose of operating a criminal intelligence system under the Omnibus Crime
Control and Safe Streets Act of 1968, 42 USC. 3701, et seq, as amended, use those funds
in conformance with the privacy and constitutional rights of individuals
b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to
certify that they operate a criminal intelligence system in accordance with Sections 802(a)
and 818( c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and
comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating
Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance.
Submission of this certification is a prerequisite to entering into this agreement.
c. This certification is a material representation of fact upon which reliance was placed when
this agreement was made. If the subgrant recipient or criminal justice agency operates a
criminal intelligence system and does not meet Act and federal regulation criteria, they must
indicate when they plan to come into compliance. Federal law requires a subgrant-funded
criminal intelligence system project to be in compliance with the Act and federal regulation
prior to the award of federal funds. The subgrant recipient is responsible for the continued
adherence to the regulation governing the operation of the system or faces the loss of federal
funds. The Department's approval of the subgrant recipient agreement does not constitute
approval of the subgrant-funded development or operation of a criminal intelligence system
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of OJP's Financial Guide is required from all projects that are involved with
confidential funds from either Federal or matching funds The signed certification must be
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submitted at the time of grant application
33. Equal Employment Opportunity (EEO)
a. No person, on the grounds of race, creed, color or national origin shall be excluded from
participation in, be refused benefits of, or otherwise subjected to discrimination under grants
awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation
Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age
Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28
CFR Part 42, Subparts C, D, E, F, G and H.
b. The subgrant recipient and the implementing agency agree to certify that they either do or do
not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime
Control and Safe Streets Act of 1968, as amended and that they have or have not
formulated, implemented and maintained a current EEO Program. Submission of this
certification 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 wntten EEO Program, they have 120 days after
the date this agreement was made to comply with the Act or face loss of federal funds subject
to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157,42 US.C
3701, et seq. (Reference Section 803 (a) of the Act, 42 U S.C 3783 (a) and 28 CFR Section
42.207 Compliance Information).
c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000
or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month
period in federal funds, must have approval of its EEO Plan by the US. DOJ. Office for Civil
Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the US
DOJ, OCR for approvaL The submission shall be in both paper copy and electronic format If
the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is
notnecessary to submit another EEO Plan. Instead, the subgrantee need only send a copy
of its approval letter from the OCR. However, if the EEO Plan approval is more than two
years old, an updated Plan must be submitted.
d. In the event a Federal or State court of Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the grounds of race, color, religion,
national origin, sex, or disability against a recipient of funds, the recipient will forward a copy
of the finding to the Office for Civil Rights, Office of Justice Programs.
34. Americans with Disabilities Act
Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA).
Public Law 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).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C, Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INAn) The
Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA Such violation by the subgrant recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of
this contract by the Department.
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36. National Environmental Policy Act (NEPA)
a. The subgrantee agrees to assist FDLE 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 100-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) I mplementation 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 US.
Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national
or program environmental assessment of that funded program or activity.
37. 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 shall not enter into any lower tiered covered transaction
with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from
participating in this covered transaction, unless authorized by the Department.
38. Federal Restrictions on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on
Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if
applicable, with each submission that initiates consideration of such subgrant recipient for
award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal
loan of $150,000 or more
b. This certification isa 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.
c. The undersigned certifies, to the best of his or her knowledge and belief, that:
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(1) No federally appropriated funds have been paid or shall 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
(2) If any non-federal funds have been paid or shall 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 shall complete and submit the standard form, Disclosure of
Lobbvinq Activities, according to its instructions.
(3) The undersigned shall require that the language of this certification be included in award
documents for all subgrant awards at all tiers and that all subgrant reCipients shall certify
and disclose accordingly.
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose
of lobbying the legislature or a state agency is prohibited under this contract.
40. Additional Restrictions on Lobbying
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 OJP.
41. "Pay - to - Stay"
Funds from this award may not be used to operate a "pay-to-stay" program in any local jail
Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local
jail", as referenced in this condition, means an adult facility or detention center owned and/or
operated by city, county, or municipality. It does not include juvenile detention centers "Pay-to-
stay" programs as referenced in this condition, means a program by which extraordinary services,
amenities and/or accommodations, not otherwise available to the general inmate population, may
be provided, based upon as offender's apparent ability to pay, such that disparate conditions of
confinement are created for the same or similar offenders within a jurisdiction.
42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine
Methamphetamine Laboratories
If an award is made to support methamphetamine laboratory operations the subgrant recipient
must comply with this condition, which provides for individual site environmental
assessment/impact statements as required under the National Environmental Policy Act.
a. General Requirement: The subgrantee agrees to comply with Federal, State, and local
environmental, health and safety laws and regulations applicable to the investigation and
closure of clandestine methamphetamine laboratories and the removal and disposal of the
chemicals, equipment, and wastes used in or resulting from the operation of these
laboratories.
b. Specific Requirements: The subgrantee understands and agrees that any program or
initiative involving the identification, seizure, or closure of clandestine methamphetamine
laboratories can result in adverse health, safety and environmental impacts to (1) the law
enforcement and other governmental personnel involved; (2) any residents, occupants,
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users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory
site's immediate and surrounding environment of the slte(s) where any remaining chemicals,
equipment, and waste form a seized laboratory'soperations are placed or come to rest.
Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible
adverse health, safety and environmental impacts from any of clandestine
methamphetamine operations funded under this award, it will (1) include the nine, below
listed protective measures or components; (2) provide for their adequate funding to include
funding, as necessary, beyond that provided by this award; and (3) implement these
protective measures directly throughout the life of the subgrant. In so doing, the subgrantee
understands that it may implement these protective measures directly through the use of its
own resources and staff or may secure the qualified services of other agencies, contractor or
other qualified third party.
(1) Provide medical screening of personnel assigned or to be assigned by the subgrantee to
the seizure or closure if of clandestine methamphetamine laboratories;
(2) Provide Occupational Safety and Health Administration (OSHA) required initial and
refresher training for law enforcement officials and other personnel assigned by the
subgrantee to either the seizure or closure of clandestine methamphetamine
laboratories;
(3) As determined by their specific duties, equip personnel assigned to the project with
OSHA required protective wear and other required safety equipment;
(4) Assign properly trained personnel to prepare a comprehensive contamination report on
each closed laboratory;
(5) Employ qualified disposal contractors to remove all chemicals and associated
glassware, equipment, and contaminated materials and wastes from the site(s) of each
seized clandestine laboratory;
(6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed
from the sites of seized laboratories at properly licensed disposal facilities or, when
allowable, properly licensed recycling facilities;
(7) Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6.
immediately above in order to ensure proper compliance;
(8) Have in place and implement an inter-agency agreement or other form of commitment
with a responsible State environmental agency that provides for that agency's (i) timely
evaluation of the environmental conditions at and around the site of a closed clandestine
laboratory and (ii) coordination with the responsible party, property owner, or others to
ensure that any residual contamination is remediated, if necessary, and in accordance
with existing State and Federal requirements; and
(9) Included among the personnel involved in seizing of clandestine methamphetamine
laboratories, or have immediate access to, qualified personnel'who can respond to the
potential health needs of any offender(s)' children or other children present or living at
the seized laboratory site. Response actions should include, at a minimum and as
necessary, taking children into protective custody, immediately testing them for
methamphetamine toxicity, and arranging for any necessary follow-up medical tests,
examinations or health care.
SFY 2008
Rule Reference 110-9.006
Page 13
OCJG-005 (rev October 2005)
Edward Byrne MemOrial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
43. Limited English Proficiency
National origin discrimination includes discrimination on the basis of limited English proficiency
(LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to
take reasonable steps to ensure that LEP persons have meaningful access to their programs
Meaningful access may entail providing language assistance services, including oral and written
translation when necessary. The U.S. Department of Justice has issued guidance to assist
agencies to comply with Title VI requirements. The guidance document can be accessed on the
Internet at www.lep.gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or by
writing to the following address:
Office for Civil Rights
Office of Justice Programs
U.S Department of Justice
810 Seventh Street NW, Eighth Floor
Washington, DC 20531
44. 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.
45. Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
a. Have an adequate process to assess the impact of any enhancement of a school security
measure that is undertaken on the incidence of crime in the geographic area where the
enhancement is undertaken.
b. Conduct such an assessment with respect to each such enhancement; and, submit to the
Department the aforementioned assessment in its Final Program Report.
46. Environmental Protection Agency's (EP A) list of Violating Facilities
The subgrantee assures that the facilities under its ownership, lease or supervision which shall 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 in the project is
under consideration for listing by the EPA.
47. 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.
48. 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
SFY 2008
Rule Reference 110.9.006
Page 14
OCJG-005 (rev. October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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 Department 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.
49. Omnibus Crime Control and Safe Streets Act
The subgrantee will comply and assure the compliance of all contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the
provisions of the current edition of the Office of Justice Program Financial and Administrative
Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or
regulations.
50. Public Safety Officers' Health Benefits Provision
The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits
Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act (Pub. L. NO.1 07 -77) and agrees to remain in
compliance during the life of the grant. This provision requires that the unit of local government
which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires
or is separated from service due to injury suffered as a direct and proximate result of a personal
injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as
such terms are defined by State law) with the same or better level of health insurance benefits at
the time of retirement or separation as the officer received while employed by the jurisdiction If
the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award
amount must bereturned to the grantor.
51. Human Research Subjects
Grantee agrees to comply with the requirements of 28 CF.R part 46 and all Office of Justice
Programs policies and procedures regarding the protection of human research subjects, including
obtainment of Institutional Review Board approval, if appropriate, and subject informed consent
52. National Information Exchange Model specifications
-To support public safety and justice information sharing, OJP requires the grantee to use the
National Information Exchange Model (NIEM) specifications and guidelines for this particular
grant. Grantee shall publish and make available without restriction all schemas generated as a
result of this grant to the component registry as specified in the guidelines. For more information
on compliance with this condition, visit http://wwwniem.Qov/implementationquidephp.
53. Reporting, Data Collection and Evaluation
The subgrant recipient agrees to comply with all reporting, data collection and evaluation
requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant
(JAG). Compliance with these requirements will be monitored by BJA.
54. Privacy Certification
The Subgrant recipient agrees to comply with the confidentiality requirements that are applicable
to collection, use, and revelation of data or information and that are in accordance with
requirements of Confidentiality of Identifiable Research and Statistical Information (28 C.F.R Part
22 and, in particular, section 22.23, Privacy Certification).
SFY 2008
Rule Reference 110-9.006
Page 15
OCJG-005 (rev. October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
If an award is made for a project which has a research or statistical component under which
information identifiable to a private person will be collected, the subgrant recipient agrees to
1. Project plans will be designed to preserve anonymity of private persons to whom information
relates, including, where appropriate, name-stripping, coding of data, or other similar
procedures.
2. Project findings and reports prepared for dissemination will not contain information which can
reasonably be expected to be identifiable to a private person.
3 A log will be maintained indicating that identifiable data have been transmitted to persons other
than BJA, OJJDP, BJS, NIJ, or OJP or grantee/contractor staff or subcontractors, that such
data have been returned, or that alternative arrangements have been agreed upon for future
maintenance of such data.
4. A description of the project containing assura[1ce by the applicant that:
(1) Data identifiable to a private person will not be used or revealed.
(2) Access to data will be limited to those employees having a need and that such persons
shall be advised of and agree in writing to comply with these regulations.
(3) All subcontracts which require access to identifiable data will contain conditions meeting the
requirements.
5. Any private persons from whom identifiable data are collected or obtained, either orally or by
means of written questionnaire, shall be advised that the data will only be used or revealed for
research or statistical purposes and that compliance with requests for information is not
mandatory Where the notification requirement is to be waived, a justification must be included
in the Privacy Certificate.
6. Describe the precautions that will be taken to insure administrative and physical security of
identifiable data.
55. State Information Technology Point of Contact
The subgrant recipient agrees to ensure that the State Information Technology Point of Contact
receives written notification regarding any information technology project funded by this grant
during the obligation and expenditures period. This is to facilitate communication among local
and state governmental entities regarding various information technology projects being
conducted with these grant funds. In addition, the recipient agrees to maintain an administrative
file documenting the meeting of this requirement. For a list of State Information Technology
Points of Contact, go to httpl/wwwojpusdojqov/ec/stateshtm
56. Interstate Connectivity
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law
enforcement information sharing systems which involve interstate connectivity between
jurisdictions, such systems shall employ, to the extent possible, existing networks as the
communication backbone to achieve interstate connectivity, unless the subgrant recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would
impair the functionality of an existing or proposed IT system
57. Supplanting
The recipient agrees that federal funds under this award will be used to supplement but not
supplant state or local funds.
SFY 2008
Rule Reference 110-9.006
Page 16
OCJG-005 (rev October 2005)
08/15/2007 21:59
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O:!IEFS DEe
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PAGE €ll/€l4
Jun. 25 2007 03: 12PM Pl
Fa)( *
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RULE 4 Ary
DtJTJ&S AND ftl!8PONSI8IUTII!S OF "CHAlR"
F.,c Ii
The Mayor shall be the presiding officer of the City Council, and shall be referred to as ..
the .Chair" W.. hen sitting In that capacity. In case of the absence 0' the Msyor, the Vrce- ?
Mayor shall assume those responsibilities, and If both are absent. the senior Counoil ~
member in ye&11iI of service shall preside. The Chair shall preHlVe order. The Chair -.-
may call to order any member of the Council who shall violate any of the rules; allCf shall
decide aD questions of order, subject to a majOrity vote on a motion to appeal. The
Chair shall recognize all membel'$ who seek the floor under correct procedure. The
. Chair shall not make or 8econd a motion.
RULE 5
CUTID OF vtce-MA YOR IN ABSENCE
OF MAYOR
Pursuant to Charter section 2.05. lithe VICe-Mayor shall act as Mayor during the
absence or Inability of the Mayor to penorm the duties of the omce cfthe Mayor." For
the purpose of that section. the Mayor shall be considered ab8ent if there are duties of
the office which must be performed and the Mayor is not present and able to perfonn
them.
) ~~8
ORDER OF BUSINESS
(1) The order of busfness for a regular meeting shall ordinarily b9:
A. Invocation
B. Pledge
C. Special nacognition$ and awartls
D. Minutes of ptuvioU8 meetings.
E. Citizens to be hurd regarding items not on agenda. each speaker will be
asked to give their nelrM and address and to Omit their comments to a maximum of
three minuteS.
F. Public hearings (not before 6:00 p.rn.)
legislative and administrative matters:
1. Presentation of issues by City staff.
2. Sl$tement of case by applicant or representaUVe (5 minutes).
3. CounCil questions. . .
2
Rev. 03--16-2000'
.1
i
I
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I
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CERTIFICATION OF COMPLIANCE WITH
EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS
Florida Department of Law Enforcement
Edward Bvrne Memorial Justice Assistance Grant ProQram
SUBGRANTEE CERTIFICATION
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to
prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the
Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42.301-.308,
Subparts C through H, if they meet the following criteria:
(i) have 50 or more employees; and
(ii) received a total of $25,000 or more in grants or subgrants; and
(iii) have 3 percent or more minorities in services population (however, if less than 3
percent minorities in service population, an EEOP must still be prepared, but must
focus on employment practices affecting women only).
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 the Subgrantee (Subgrant Recipient):
x
Does meet Act Criteria and does have a current EEO Plan.
Does meet Act Criteria and does not have a current EEO Plan.
_ Does not meet Act Criteria, and therefore not required to have an EEO Plan.
Recipients that meet criteria (i) and (iii) above, and receive over $500,000 (or $1 million during and 18
month period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice
Programs for review.
~Has included a copy of the current approval letter from the US DOJ.
I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written
EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 60 days after a
subgrant application for federal assistance is approved or face loss of federal funds.
c.~ C Pe.b:1 ~
Signature of Subgrantee Authorized Official
Type Name: Carlen A. Petersen
TWe: Councilmember
.,
Subgrant Recipient: Ci ty of Clearwater
Date: <..:. - L~- O~
FDt.E JAG Grant Application Package
Rule Reference 110-9.006
EEO Certification
Page 2 of 2
OCJG-006 (Rev. March 2007)
CERTIFICATION OF COMPLIANCE WITH
EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS
Florida Department of Law Enforcement
Edward Bvrne Memorial Justice Assistance Grant Program
IMPLEMENTING AGENCY CERTIFICATION
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to
prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the
Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42.301-.308,
Subparts C through H, if they meet the following criteria:
(i) have 50 or more employees; and
(ii) received a total of $25,000 or more in grants or subgrants; and
(iii) have 3 percent or more minorities in services population (however, if less than 3
percent minorities in service population, an EEOP must still be prepared, but must
focus on employment practices affecting women only).
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 the Subgrantee (Subgrant Recipient):
~ Does meet Act Criteria and does have a current EEO Plan.
Does meet Act Criteria and does not have a current EEO Plan.
_ Does not meet Act Criteria, and therefore not required to have an EEO Plan.
--*-Is Included in the EEO Plan of the Subgrant Recipient.
Recipients that meet criteria (i) and (iii) above, and receive over $500,000 (or $1 million during and 18
month period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice
Programs for review.
-LHas included a copy of the current approval letter from the US DOJ.
I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written
EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 60 days after a
subgrant application for federal assistance is approved or face loss of federal funds.
~j ;<~
Signature of Implementing Agency Authorized Official
Type Name: Sid Klein
Title: Chief of Police
Implementing Agency: Clearwater Police Department
Date: 6-26-07
FDLE JAG Grant Application Package
Rule Reference 110-9.006
EEO Certification
Page 2 of 2
OCJG-007 (Rev. March 2007)
'i:",
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below.
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
Signature:
&d-j-k. N. {4.~~
Typed Name and Title:
Date:
q-I/)~()1
~~;8~pJen~.... .. ........... ..,i
e;ial..OfGovemmenta);Unlt: ..
; y.'Ii~:9t;.Oesign~i.~'I?r~$'~
Typed Name of Subgrant
~
Signature:
Red Light Running Project II
Q.. ?d::b.~ p
Typed Name and Carlen A. Petersen, Councilmember
Date: (~r 2(,'- O~
'i...g;~~-mj~$:;:i:....'...
f~J9If1~iRePf.se...
!,--'_._~_:::,:h:,':,: ,':_,'<."}:>_,C: Y'::'~i.'~f' ,,:,;_
Typed Name of ImPleme,\:-/ Clearwater' Police
Signature: ~ R ~
Typed Name and Sid Klein, Chief of Police
Department
Date:
6-26-07
Application Ref #
Contract
2008-JAGC-798
-JAGC-PINE- - -
Section #6 Page 1 of 1
J ~ - i~r"
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