HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-128 MOU and Subgrant Approval btw the COT and BC Accepting FY21 Edward Byrne Memorial Justice Assistance GrantTemp. Reso. #13864
November 9, 2022
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2022 - %a '9
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, APPROVING A
MEMORANDUM OF UNDERSTANDING AND
SUBGRANT AGREEMENT BETWEEN THE CITY OF
TAMARAC AND BROWARD COUNTY ACCEPTING A
FY 2021 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT AWARD IN THE AMOUNT OF
$12,952.80AND AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING AND
SUBGRANT AGREEMENT ON BEHALF OF THE
CITY; PROVIDING FOR CONFLICTS; PROVIDING
FOR SCRIVENER ERRORS, PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, Florida Statutes provide that municipalities shall have the
governmental, corporate, and proprietary powers to enable them to conduct
municipal government, perform municipal functions, and render municipal service,
and exercise any power for municipal purposes, except when expressly prohibited
by law; and
WHEREAS, Article IV, Section 4.07 of the City Charter of the City of
Tamarac ("City") empowers the City to adopt, amend, or repeal such ordinances
and resolutions as may be required for the proper governing of the City; and
WHEREAS, the City desires to enhance its crime prevention and law
enforcement programs; and
139614599.1
Temp. Reso. #13864
November 9, 2022
Page 2 of 4
WHEREAS, the U.S. Department of Justice, Bureau of Justice Assistance
("DOX) provides grants for projects that reduce crime and improve public safety,
including the Edward Byrne Memorial Justice Assistance Grant ("JAG Grant'); and
WHEREAS, Broward County as lead agency for itself and various
participating Broward County municipalities — including the City - received
notification from DOJ that the City is eligible to receive $12,952.80 in FY21 JAG
Grant funding subject to execution of the JAG Grant Memorandum of
Understanding (MOU) attached as Exhibit "A" and Broward County Standard
Subgrant Award Agreement ("Subgrant Agreement") attached as Exhibit "B"; and
WHEREAS, the Director of Financial Services and BSO Tamarac District
Commander recommend acceptance of the FY 2021 JAG Grant award, approval
of the MOU, and approval of the Subgrant Agreement; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in
the best interest of the business owners, residents, and visitors of the City of
Tamarac to approve the MOU, the Subgrant Agreement, and authorize the
appropriate City Officials to execute the MOU and Subgrant Agreement on behalf
of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
Section 1. The foregoing whereas clauses are true and correct and
hereby adopted as the legislative and administrative findings of the City
139614599.1
Temp. Reso. #13864
November 9, 2022
Page 3 of 4
Commission and made a specific part of this Resolution; all exhibits attached
hereto are incorporated herein and made a specific part of this Resolution.
Section 2. The City accepts the JAG Grant in the amount of $14,392.00
and approves the MOU attached as Exhibit "A" and Subgrant Agreement attached
as Exhibit "B". The appropriate City officials are authorized to execute the MOU
and Subgrant Agreement on behalf of the City.
Section 3. All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Section 4. Any scrivener or typographical errors that do not affect intent
of this Resolution may be corrected with notice to and authorization of the City
Attorney and City Manager without further process.
Section 5. If any clause, section, other part, or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions
or applications of this Resolution.
Section 6. This Resolution shall become effective immediately upon
adoption.
"The remainder of this page is left blank intentionally"
139614599.1
Temp. Reso. #13864
November 9, 2022
Page 4 of 4
�2 1 sT
PASSED, ADOPTED AND APPROVED thisVO day of November 2022.
ATTEST:
1
KIMBERLY D LON, CMC
CITY CLERK
&4§ Z.7.
MICHELLE J. GOME
MAYOR
RECORD OF COMMISSION VOTE
MAYOR GOMEZ
DIST 1:
COMM. BOLTON
¢last
DIST 2:
V/M GELIN
DIST 3:
COMM. VILLALOBOS
DIST 4:
COMM. PLACKO
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THIS CITY OF TAMARAC ONLY.
JCHERI�I, J
CITY ATTORNE
139614-599.1
Temp. Reso. 13864 - Exhibit B
COUNTY BROWARD COUNTY STANDARD SUBGRANT AWARD AGREEMENT
This Broward County Standard Subgrant Award Agreement ("Subgrant Award
Agreement") is made and entered into by and between Broward County, a political subdivision
of the State of Florida ("County"), and City of Tamarac, a political subdivision of the State of
Florida ("Subrecipient"). County and Subrecipient are individually referred to as a "Party" and
collectively as the "Parties."
Recitals
A. County has received a grant award from the Awarding Agency and in the amount
specified in the Subgrant Award Details, pursuant to the grant attached as Exhibit A ("Grant").
B. The Grant permits County to distribute Grant funds to third parties that will
implement the Grant as described in the Program Narrative attached as Exhibit B.
C. Subrecipient desires to accept a Subgrant from County of funds awarded under
the Grant, which shall be utilized by Subrecipient in accordance with the Grant and this Subgrant
Award Agreement.
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Recitals. The recitals stated above are true and correct and are incorporated herein by
reference.
2. Standard Subgrant Award Terms and Conditions. By signing this Subgrant Award
Agreement, Subrecipient represents that it has read the Grant (Exhibit A) and County's Standard
Subgrant Award Terms and Conditions ("Subgrant Award Terms") (available online at
http://www.broward.org/GrantTerms) and understands all obligations and requirements of the
Grant. The Subgrant Award Terms are incorporated herein as if fully set forth in this Subgrant
Award Agreement.
3. Subgrant Award. Subrecipient will implement the program(s) described in Subrecipient's
Program Narrative (Exhibit B) in accordance with this Subgrant Award Agreement and will comply
with the provisions stated in the Subgrant Award Details in Section 8. In consideration for
Subrecipient's performance and compliance with this Subgrant Award Agreement, including the
Subgrant Award Terms and the Subgrant Award Details, County will provide the Subgrant Award
Amount stated in the Subgrant Award Details.
4. Funding. The maximum amount payable to Subrecipient under this Subgrant Award
Agreement is the Subgrant Award Amount specified in the Subgrant Award Details and more
specifically described in the Subgrant Program Budget attached as Exhibit C. Subrecipient shall
invoice County in accordance with the Invoicing Schedule stated in the Subgrant Award Details.
Page 1
5. Modifications. Subrecipient must submit any proposed modifications to the Program
Narrative or the Subgrant Program Budget in writing to County for approval. Subrecipient may
not deviate from the Program Narrative or Subgrant Program Budget without prior approval from
County (and from the Awarding Agency, if required by the Grant).
6. Reporting Obligations. Subrecipient represents and certifies it has reviewed the
requirements in the Grant, the Subgrant Award Details, and the Subgrant Award Terms regarding
the documentation, reports, and other information that must be provided by Subrecipient to
County (collectively, "Reporting Obligations"). Subrecipient shall strictly comply with all
Reporting Obligations, including time being of the essence.
7. Term. The duration of this Subgrant Award Agreement ("Term") shall be the Project
Period stated in the Subgrant Award Details, as may be extended by the Awarding Agency.
8. Subgrant Award Details
Grant Program Title
BJA FY 21 Edward Byrne Memorial Justice Assistance Grant
(JAG) Program - Local Solicitation
Federal Award Identification
15PBJA-2I-GG-01376-JAGX
Number ("FAIN")
Subrecipient's Unique Entity
TTF2J2YM9K83
Identifier
Federal Award Date to County
October 8, 2021
Grant Award amount to County
$544,330.00
Subgrant Award Amount
$14,392
Amount or percentage of
10%
Subgrant Award retained by
County for administrative
expenses
Total amount of Grant Funds
$12,952.8
committed to Subrecipient by
County
Is any portion of the Grant
❑No
federally funded? (if yes,
Subrecipient must complywith
❑XYes: Amount: $544,330.00
federal requirements in the
Awarding Agency: U.S. Department of
Subgrant Award Terms)
Justice, Office of Justice Programs, Bureau of
Justice Assistance
Insurance (only applicable if box is
❑If checked, Subrecipient must maintain insurance
checked).
coverages in the types and amounts shown in Exhibit D
for the duration of the Term.
Page 2
Is this award for research &
ONo ❑Yes
development?
Assistance Listings number
16.738 Edward Byrne Memorial Justice Assistance Grant
(the federal program that
Program
provided the Grant)
Subgrant period of performance
October 1, 2020 — September 30, 2024
start and end date ("Project
Period")
Subrecipient Invoicing Schedule
Subrecipient must submit invoices for reimbursement no
more than once per month and within fifteen (15) days
after the end of the month when Services were
performed. A final invoice must be submitted within thirty
(30) days after the expiration or earlier termination of this
Agreement.
Subrecipient's address and
Christine Cajuste, CPA, MBA
contact information for Notices
Director
and payment
Financial Services Department
7525 NW 88th Ave
Tamarac FL 33321
954-597-3553
christine.cajuste@tamarac.org
Performance Report requirementsSemi-annual
Additional/Subgrant Award
DOJ Award Conditions attached as Exhibit A, including the
Program Guidelines (if any)
applicable DOJ Financial Guidelines.
Subgrant Program Description and Scope of Services Summary
AG Grant funds will be allocated to promote and reinforce safety within the community b
building relationships within the community. Crime reduction operations also encompasses a
healthy relationship with the community whereas part of crime solving, law enforcement can rely
on the members of the community to provide resourceful information.
three -prong approach will be implemented to address these issues, by utilizing Crime
Suppression Unit (CST) detectives, Criminal Investigations Unit (CI) detectives and Patrol Services
of the District. CST and CI detectives will predominantly operate in a covert mode, while the Road
Patrol section will operate in an overt or high visibility mode through the activation of the blue
Cruise Lights on their marked patrol vehicles and foot patrols (Park, Walk & Talk).
Additional Subgrant Award Terms (if any)
Subrecipient must submit all invoices and Reporting Obligations as specified in the Subgrant
Award Terms unless otherwise indicated by County in writing.
Page 3
IN WITNESS WHEREOF, the Parties hereto have made and executed this Subgrant Award Agreement:
BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS, signing by and through its
County Administrator, authorized to execute same by Board action on the 25th day of October, 2022.
and City of Tamarac, signing by and through representatives duly authorized to execute same.
COUNTY
BROWARD COUNTY, by and through its
County Administrator
By: _
County Administrator
day of 720
Approved as to form by
Andrew J. Meyers Broward
County Attorney
115 South Andrews Avenue, Suite 423 Fort
Lauderdale, Florida 33301 Telephone:
(954) 357-7600
By
De'Anne A. Jackson (Date)
Assistant County Attorney
DAJ/cv
FY21 Subgrant Award
Agreement File #615424v2
11/01/22
Page 4
BROWARD COUNTY STANDARD SUBGRANT AWARD AGREEMENT
City of Tamarac
CITY OF TAMARAC
ATTEST: B
E ...... , rq`P, 4V • Kathlee Gunn, CITY MANAGER
Kimberly Dillo -tMC; C�tR„!-�.'i•' Print Name
r
.•ti
� . �p�L ..` w day of t�LW�20 Syr zz
0 '.
I HEREBY CERTIFY that I have approved this MOU
as to form and legal sufficiency subject to
execution by the parties:
I. 1 I
John �. Herinlir., CITY A�TOR�EY
Page 5
10/29/21, 4:57 PM Active Funded Award EXHIBIT A
--- Award Letter
October 8, 2021
Dear Bertha Henry,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of
Justice Programs (OJP) has approved the application submitted by BROWARD, COUNTY OF
for an award under the funding opportunity entitled 2021 BJA FY 21 Edward Byrne Memorial
Justice Assistance Grant (JAG) Program - Local Solicitation. The approved award amount is
$544,330.
Review the Award Instrument below carefully and familiarize yourself with all conditions and
requirements before accepting your award. The Award Instrument includes the Award Offer
(Award Information, Project Information, Financial Information, and Award Conditions) and
Award Acceptance.
Please note that award requirements include not only the conditions and limitations set forth in
the Award Offer, but also compliance with assurances and certifications that relate to conduct
during the period of performance for the award. These requirements encompass financial,
administrative, and programmatic matters, as well as other important matters (e.g., specific
restrictions on use of funds). Therefore, all key staff should receive the award conditions, the
assurances and certifications, and the application as approved by OJP, so that they understand
the award requirements. Information on all pertinent award requirements also must be provided
to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will
pursue appropriate remedies for non-compliance, which may include termination of the award
and/or a requirement to repay award funds.
To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer
in the Justice Grants System (JustGrants), including by executing the required declaration and
certification, within 45 days from the award date.
Congratulations, and we look forward to working with you.
Maureen Henneberg
Deputy Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
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(DOJ) has been delegated the responsibility for ensuring that recipients of federal financial
assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the
Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law.
Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504
of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give
assurances that they will comply with those laws. Taken together, these civil rights laws prohibit
recipients of federal financial assistance from DOJ from discriminating in services and
employment because of race, color, national origin, religion, disability, sex, and, for grants
authorized under the Violence Against Women Act, sexual orientation and gender identity.
Recipients are also prohibited from discriminating in services because of age. For a complete
review of these civil rights laws and nondiscrimination requirements, in connection with DOJ
awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm.
Under the delegation of authority, the OCR investigates allegations of discrimination against
recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance
reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to
evaluate whether recipients of financial assistance from the Department are providing services
in a nondiscriminatory manner to their service population or have employment practices that
meet equal -opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or
the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal
justice system, there are two additional obligations that may apply in connection with the
awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs
(EEOPs); and (2) submitting findings of discrimination to OCR. For additional information
regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information
regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)
(5).
The OCR is available to help you and your organization meet the civil rights requirements that
are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your
organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial
assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov.
Memorandum Regarding NEPA
NEPA Letter Type
OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages
NEPA Letter
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local
governments to support a broad range of activities to prevent and control crime and to improve the
criminal justice system, some of which could have environmental impacts. All recipients of JAG funding
must assist BJA in complying with NEPA and other related federal environmental impact analyses
requirements in the use of grant funds, whether the funds are used directly by the grantee or by a
subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the
grantee must first determine if any of the specified activities will be funded by the grant.
The specified activities requiring environmental analysis are:
a. New construction;
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b. Any renovation or remodeling of a property located in an environmentally or historically sensitive
area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered
species, or a property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any 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;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded activity and (b) traditionally used, for example, in
office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations,
including the identification, seizure, or closure of clandestine methamphetamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an
Environmental Impact Statement, as directed by BJA. Further, for programs relating to
methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be
required. For more information about Mitigation Plan requirements, please see
https: www.bja.gov/Fundi gnepa.html.
Please be sure to carefully review the grant conditions on your award document, as it may contain
NEPA Coordinator
First Name Middle Name Last Name
Orbin Terry
,-, Award Information
This award is offered subject to the conditions or limitations set forth in the Award
Information, Project Information, Financial Information, and Award Conditions.
'Recipient Information
Recipient Name
BROWARD, COUNTY OF
DUNS Number
066938358
Street 1 Street 2
115 S ANDREWS AVE RM 409
https://iustg rants.usdoj.g ov/prweb/PRAuth/app/J G I TS_/3yZ6Bxxi_[pD ExTOT4XnAjzjAXmVNevW*/!TABTH R EAD3?pyActivity=PrintWork&Prompt=fal... 3/25
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City State/U.S. Territory
FORT LAUDERDALE Florida
Zip/Postal Code Country
33301 United States
County/Parish Province
,*Award Details
Federal Award Date Award Type
10/8/21 Initial
Award Number Supplement Number
15PBJA-21 -GG-01 376-JAGX 00
Federal Award Amount Funding Instrument Type
$544,330.00 Grant
Assistance Listing Number Assistance Listings Program Title
16.738
Statutory Authority
Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10151-10726), including subpart 1 of
part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a).
I have read and understand the information presented in this section of the Federal Award
Instrument.
v Project Information
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This award is offered subject to the conditions or limitations set forth in the Award
Information, Project Information, Financial Information, and Award Conditions.
Solicitation Title
2021 BJA FY 21 Edward Byrne Memorial
Justice Assistance Grant (JAG) Program -
Local Solicitation
Application Number
GRANT13428997
Awarding Agency
OJP
Program Office
BJA
Grant Manager Name Phone Number
202-598-7548
Tamaro White
E-mail Address
Tamaro.White@ojp.usdoj.gov
Project Title
2020 BROWARD COUNTY'S EDWARD BYRNE JAG PROJECT
Performance Period
Start Date
10/01 /2020
Budget Period Start
Date
10/01 /2020
Project Description
Performance Period End
Date
09/30/2024
Budget Period End Date
09/30/2024
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states
and units of local government, including tribes, to support a broad range of activities to
prevent and control crime based on their own state and local needs and conditions.
Grant funds can be used for state and local initiatives, technical assistance, training,
personnel, equipment, supplies, contractual support, and information systems for
criminal justice, including for any one or more of the following program areas: 1) law
enforcement programs; 2) prosecution and court programs; 3) prevention and
education programs; 4) corrections and community corrections programs; 5) drug
treatment and enforcement programs; 6) planning, evaluation, and technology
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M
improvement programs; and 7) crime victim and witness programs (other than
compensation) and 8) mental health programs and related law enforcement and
corrections programs, including behavioral programs and crisis intervention teams.
This JAG award will be used to support criminal justice initiatives that fall under one or
more of the allowable program areas above. Funded programs or initiatives may
include multijurisdictional drug and gang task forces, crime prevention and domestic
violence programs, courts, corrections, treatment, justice information sharing
initiatives, or other programs aimed at reducing crime and/or enhancing public/officer
safety.
I have read and understand the information presented in this section of the Federal Award
Instrument.
-,- Financial Information
This award is offered subject to the conditions or limitations set forth in the Award
Information, Project Information, Financial Information, and Award Conditions.
0
I have read and understand the information presented in this section of the Federal Award
Instrument.
--- Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award
Information, Project Information, Financial Information, and Award Conditions.
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'Q1
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2
C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the
"Part 200 Uniform Requirements") apply to this FY 2021 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this
FY 2021 award supplements funds previously awarded by OJP under the same award number
(e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements
apply with respect to all funds under that award number (regardless of the award date, and
regardless of whether derived from the initial award or a supplemental award) that are
obligated on or after the acceptance date of this FY 2021 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to
OJP awards and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part2000niformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any
subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the
date of submission of the final expenditure report (SF 425), unless a different retention period
applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must
provide access, include performance measurement information, in addition to the financial
records, supporting documents, statistical records, and other pertinent records indicated at 2
C.F.R. 200.333.
In the event that an award -related question arises from documents or other materials prepared
or distributed by OJP that may appear to conflict with, or differ in some way from, the
provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for
clarification.
M2
Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to
respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -
- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes
of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant -
funded program or activity, or (2) uses or operates a "Federal information system" (OMB
Circular A-130). The recipient's breach procedures must include a requirement to report actual
or imminent breach of PH to an OJP Program Manager no later than 24 hours after an
occurrence of an actual breach, or the detection of an imminent breach.
'Q3
Required training for Grant Award Administrator and Financial Manager
The Grant Award Administrator and all Financial Managers for this award must have
successfully completed an "OJP financial management and grant administration training" by
120 days after the date of the recipient's acceptance of the award. Successful completion of
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such a training on or after January 1, 2019, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award
changes during the period of performance, the new Grant Award Administrator or Financial
Manager must have successfully completed an "OJP financial management and grant
administration training" by 120 calendar days after the date the Entity Administrator enters
updated Grant Award Administrator or Financial Manager information in JustGrants.
Successful completion of such a training on or after January 1, 2019, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant
administration training" for purposes of this condition is available at
https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session
on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the
recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP
to impose additional appropriate conditions on this award.
'Q4
Safe policing and law enforcement subrecipients
If this award is a discretionary award, the recipient agrees that it will not make any subawards
to State, local, college, or university law enforcement agencies unless such agencies have
been certified by an approved independent credentialing body or have started the certification
process. To become certified, law enforcement agencies must meet two mandatory conditions:
(1) the agency's use of force policies adhere to all applicable federal, state, and local laws; and
(2) the agency's use of force policies prohibit chokeholds except in situations where use of
deadly force is allowed by law. For detailed information on this certification requirement, see
https://cops.usdoj.gov/SafePolicingEO.
'Q5
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as
appropriate) may withhold award funds, or may impose other related requirements, if (as
determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly
address outstanding issues from audits required by the Part 200 Uniform Requirements (or by
the terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
'EN
Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any
assurances or certifications submitted by or on behalf of the recipient that relate to conduct
during the period of performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ")
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may determine that it will not enforce, or enforce only in part, one or more requirements
otherwise applicable to the award. Any such exceptions regarding enforcement, including any
such exceptions made during the period of performance, are (or will be during the period of
performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal
Notices: Special circumstances as to particular award conditions"
(ojp.gov/funding/Explore/LegalNotices-AwardRegts.htm), and incorporated by reference into
the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official
accepts all material requirements of the award, and specifically adopts, as if personally
executed by the authorized recipient official, all assurances or certifications submitted by or on
behalf of the recipient that relate to conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full
below, a condition incorporated by reference below, or an assurance or certification related to
conduct during the award period -- may result in OJP taking appropriate action with respect to
the recipient and the award. Among other things, the OJP may withhold award funds, disallow
costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action
as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this
award (or concealment or omission of a material fact) may be the subject of criminal
prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273),
and also may lead to imposition of civil penalties and administrative remedies for false claims
or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by
its terms, that provision shall first be applied with a limited construction so as to give it the
maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid
or -unenforceable, such provision shall be deemed severable from this award.
M7
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R.
Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically
including any applicable requirements regarding written notice to program beneficiaries and
prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of
discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or
refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and
requirements that pertain to recipient and subrecipient ("subgrantee") organizations that
engage in or conduct explicitly religious activities, as well as rules and requirements that
pertain to recipients and subrecipients that are faith -based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations
(currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title
28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
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Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R.
Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in
Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
,Q9
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R.
Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in
certain "education programs."
M10
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all
applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under
specified circumstances, discrimination against an employee as reprisal for the employee's
disclosure of information related to gross mismanagement of a federal grant, a gross waste of
federal funds, an abuse of authority relating to a federal grant, a substantial and specific
danger to public health or safety, or a violation of law, rule, or regulation related to a federal
grant.
The recipient also must inform its employees, in writing (and in the predominant native
language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this
award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for
guidance.
Compliance with applicable rules regarding approval, planning, and reporting of conferences,
meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior
approval and reporting requirements, where applicable) governing the use of federal funds for
expenses related to conferences (as that term is defined by DOJ), including the provision of
food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this
award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward
Requirements" in the "DOJ Grants Financial Guide").
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'Q12
Active Funded Award
Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness
of work under this award. The data must be provided to OJP in the manner (including within
the timeframes) specified by OJP in the program solicitation or other applicable written
guidance. Data collection supports compliance with the Government Performance and Results
Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
M13
Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law
to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to
use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its
election, and must comply with all associated requirements in the Part 200 Uniform
Requirements. The "de minimis" rate may be applied only to modified total direct costs
(MTDC) as defined by the Part 200 Uniform Requirements.
'Q14
Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award
(as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding
announcement (solicitation), or an associated federal statute -- that a purpose of some or all of
the activities to be carried out under the award (whether by the recipient, or a subrecipient at
any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before
certain individuals may interact with participating minors. This requirement applies regardless
of an individual's employment status.
The details of this requirement are posted on the OJP web site at
https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of
suitability required, in advance, for certain individuals who may interact with participating
minors), and are incorporated by reference here.
'Q15
Requirement to disclose whether recipient is designated "high risk" by a federal grant -making
agency outside of DOJ
If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ,
currently or at any time during the course of the period of performance under this award, the
recipient must disclose that fact and certain related information to OJP by email at
OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes
any status under which a federal awarding agency provides additional oversight due to the
recipient's past performance, or other programmatic or financial concerns with the recipient.
The recipient's disclosure must include the following: 1. The federal awarding agency that
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currently designates the recipient high risk, 2. The date the recipient was designated high risk,
3. The high -risk point of contact at that federal awarding agency (name, phone number, and
email address), and 4. The reasons for the high -risk status, as set out by the federal awarding
agency.
'M16
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as
posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at
https://ojp.gov/financiaiguide/DOJ/index.htm), including any updated version that may be
posted during the period of performance. The recipient agrees to comply with the DOJ Grants
Financial Guide.
'M17
Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients
("subgrantees") to adopt and enforce policies banning employees from text messaging while
driving any vehicle during the course of performing work funded by this award, and to establish
workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
'E18
Compliance with general appropriations -law restrictions on the use of federal funds (FY 2021)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent
restrictions, including from various "general provisions" in the Consolidated Appropriations Act,
2021, are set out at https://ojp.gov/funding/Explore/FY2lAppropriationsRestrictions.htm, and
are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a
subrecipient) would or might fall within the scope of an appropriations -law restriction, the
recipient is to contact OJP for guidance, and may not proceed without the express prior written
approval of OJP.
'Q9 9
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the
DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this
award, if the recipient is designated as "high -risk" for purposes of the DOJ high -risk grantee
list.
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'Q20
Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must --
A. Ensure that, as part of the hiring process for any position within the United States that is or
will be funded (in whole or in part) with award funds, the recipient (or any subrecipient)
properly verifies the employment eligibility of the individual who is being hired, consistent with
the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be
involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it
unlawful, in the United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be
notified of the award requirement for employment eligibility verification and of the associated
provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform
Requirements), maintain records of all employment eligibility verifications pertinent to
compliance with this award condition in accordance with Form 1-9 record retention
requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with
this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award
funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions
designed to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this
award" specifically includes (without limitation) any and all recipient (or any subrecipient)
officials or other staff who are or will be involved in the hiring process with respect to a position
that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of
employment eligibility, the recipient (or any subrecipient) may choose to participate in, and
use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of
the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures,
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including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm
employment eligibility for each hiring for a position in the United States that is or will be funded
(in whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin
Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any
subrecipient at any tier, or any person or other entity, to violate any federal law, including any
applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any
recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise
imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit
the E-Verify website (https://www.e-verify.govo or email E-Verify at E-Verify@dhs.gov. E-Verify
employer agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before
award acceptance.
'Q21
Restrictions and certifications regarding non -disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a
procurement contract or subcontract with any funds under this award, may require any
employee or contractor to sign an internal confidentiality agreement or statement that prohibits
or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law)
of waste, fraud, or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award,
to contravene requirements applicable to Standard Form 312 (which relates to classified
information), Form 4414 (which relates to sensitive compartmented information), or any other
form issued by a federal department or agency governing the nondisclosure of classified
information.
1. In accepting this award, the recipient --
a. represents that it neither requires nor has required internal confidentiality agreements or
statements from employees or contractors that currently prohibit or otherwise currently restrict
(or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or
abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or
contractors to execute agreements or statements that prohibit or otherwise restrict (or purport
to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will
immediately stop any further obligations of award funds, will provide prompt written notification
to the federal agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
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2. If the recipient does or is authorized under this award to make subawards ("subgrants"),
procurement contracts, or both --
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will
receive award funds (whether through a subaward ("subgrant"), procurement contract, or
subcontract under a procurement contract) either requires or has required internal
confidentiality agreements or statements from employees or contractors that currently prohibit
or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from
reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this
representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor
entity that receives funds under this award is or has been requiring its employees or
contractors to execute agreements or statements that prohibit or otherwise restrict (or purport
to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will
immediately stop any further obligations of award funds to or by that entity, will provide prompt
written notification to the federal agency making this award, and will resume (or permit
resumption of) such obligations only if expressly authorized to do so by that agency.
M22
Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S.
Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled
"Crime Control and Law Enforcement." The reclassification encompassed a number of
statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative
agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory
provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a
reference to that statutory provision as reclassified to Title 34. This rule of construction
specifically includes references set out in award conditions, references set out in material
incorporated by reference through award conditions, and references set out in other award
requirements.
9D23
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any
tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding
Principles for Grantees and Subgrantees, available at
https:Hojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
TD24
All subawards ("subgrants") must have specific federal authorization
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The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements for authorization of any subaward. This condition applies to agreements that --
for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and
therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web
site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All
subawards ("subgrants") must have specific federal authorization), and are incorporated by
reference here.
Requirements related to System for Award Management and Universal Identifier
Requirements
The recipient must comply with applicable requirements regarding the System for Award
Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable
requirements regarding registration with SAM, as well as maintaining the currency of
information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -
tier subrecipients (first -tier "subgrantees"), including restrictions on subawards to entities that
do not acquire and provide (to the recipient) the unique entity identifier required for SAM
registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are
posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition:
System for Award Management (SAM) and Universal Identifier Requirements), and are
incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural
person (i.e., unrelated to any business or non-profit organization that he or she may own or
operate in his or her name).
9M26
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the
recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support
or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at
any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable
federal statute specifically authorizes certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the
recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to
influence) a federal agency, a Member of Congress, or Congress (or an official or employee of
any of them) with respect to the awarding of a federal grant or cooperative agreement,
subgrant, contract, subcontract, or loan, or with respect to actions such as renewing,
extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law
apply, including an exception that applies to Indian tribes and tribal organizations.
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Should any question arise as to whether a particular use of federal funds by a recipient (or
subrecipient) would or might fall within the scope of these prohibitions, the recipient is to
contact OJP for guidance, and may not proceed without the express prior written approval of
OJP.
Specific post -award approval required to use a noncompetitive approach in any procurement
contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements to obtain specific advance approval to use a noncompetitive approach in any
procurement contract that would exceed the Simplified Acquisition Threshold (currently,
$250,000). This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a procurement "contract" (and therefore does
not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a
procurement contract under an OJP award are posted on the OJP web site at
https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific
post -award approval required to use a noncompetitive approach in a procurement contract (if
contract would exceed $250,000)), and are incorporated by reference here.
M28
Requirements pertaining to prohibited conduct related to trafficking in persons (including
reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements (including requirements to report allegations) pertaining to prohibited conduct
related to the trafficking of persons, whether on the part of recipients, subrecipients
("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the
recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in
persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-
Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to
trafficking in persons (including reporting requirements and OJP authority to terminate award)),
and are incorporated by reference here.
M29
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives
any other award of federal funds during the period of performance for this award, the recipient
promptly must determine whether funds from any of those other federal awards have been, are
being, or are to be used (in whole or in part) for one or more of the identical cost items for
which funds are provided under this award. If so, the recipient must promptly notify the DOJ
awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so
requested by the DOJ awarding agency, must seek a budget -modification or change-of-
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project -scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of
funding.
9M30
Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the
DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee,
agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds
under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a
criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award
should be reported to the OIG by--(1) online submission accessible via the OIG webpage at
https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail
directed to: U.S. Department of Justice, Office of the Inspector General, Investigations
Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530;
and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee
Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
9M31
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first -tier subawards
("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total
compensation of the five most highly compensated executives of the recipient and first -tier
subrecipients (first -tier "subgrantees") of award funds. The details of recipient obligations,
which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA),
are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award
condition: Reporting Subawards and Executive Compensation), and are incorporated by
reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than
$30,000, or (2) an award made to an individual who received the award as a natural person
(i.e., unrelated to any business or non-profit organization that he or she may own or operate in
his or her name).
'-ED32
Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's
guidelines, protocols, and procedures, and to cooperate with OJP (including the grant
manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to
such monitoring, including requests related to desk reviews and/or site visits. The recipient
agrees to provide to OJP all documentation necessary for OJP to complete its monitoring
tasks, including documentation related to any subawards made under this award. Further, the
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recipient agrees to abide by reasonable deadlines set by OJP for providing the requested
documents. Failure to cooperate with OJP's monitoring activities may result in actions that
affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other
restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review;
designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).
'M33
Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable
statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include
the applicable conditions of this award in any subaward. Among other things, the recipient is
responsible for oversight of subrecipient spending and monitoring of specific outcomes and
benefits attributable to use of award funds by subrecipients. The recipient agrees to submit,
upon request, documentation of its policies and procedures for monitoring of subawards under
this award.
'M34
Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in
accordance with the provisions of the Part 200 Uniform Requirements. Program income
earnings and expenditures both must be reported on the quarterly Federal Financial Report,
SF 425.
M35
Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice
Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any
tier) must conform to the Global Standards Package (GSP) and all constituent elements,
where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. The recipient (and
any subrecipient at any tier) must document planned approaches to information sharing and
describe compliance with the GSP and appropriate privacy policy that protects shared
information, or provide detailed justification for why an alternative approach is recommended.
9M36
Avoidance of duplication of networks
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 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.
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'Q37
Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this
award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23,
Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be
applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its
discretion, perform audits of the system, as per the regulation. Should any violation of 28
C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient
may not satisfy such a fine with federal funds.
4M38
Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R.
Part 46 and all OJP policies and procedures regarding the protection of human research
subjects, including obtainment of Institutional Review Board approval, if appropriate, and
subject informed consent.
'M39
Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality
requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use,
and revelation of data or information. The recipient further agrees, as a condition of award
approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part
22 and, in particular, 28 C.F.R. 22.23.
'Q40
Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force
funded with award funds who is a task force commander, agency executive, task force officer,
or other task force member of equivalent rank, must complete required online (internet-based)
task force training. Additionally, all future task force members must complete this training once
during the period of performance for this award, or once every four years if multiple OJP
awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task
Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness,
as well as other key issues including privacy and civil liberties/rights, task force performance
measurement, personnel selection, and task force oversight and accountability. If award funds
are used to support a task force, the recipient must compile and maintain a task force
personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center
for Task Force Integrity and Leadership (www.ctfli.org).
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'Q41
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per
day. A detailed justification must be submitted to and approved by the OJP program office prior
to obligation or expenditure of such funds.
"Methods of Administration" - monitoring compliance with civil rights laws and
nondiscrimination provisions
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with
applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date
of award acceptance, the recipient must submit to OJP's Office for Civil Rights (at
CivilRightsMOA@usdoj.gov) written Methods of Administration ("MOA") for subrecipient
monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by
another authorized federal agency), the recipient must make associated documentation
available for review.
The details of the recipient's obligations related to Methods of Administration are posted on the
OJP web site at https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm
(Award condition: "Methods of Administration" - Requirements applicable to States (FY 2017
Update)), and are incorporated by reference here.
The recipient understands that, in accepting this award, the Authorized Representative
declares and certifies, among other things, that he or she possesses the requisite legal
authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or
adopts) all material requirements that relate to conduct throughout the period of performance
under this award. The recipient further understands, and agrees, that it will not assign anyone
to the role of Authorized Representative during the period of performance under the award
without first ensuring that the individual has the requisite legal authority.
M44
Compliance with National Environmental Policy Act and related statutes
Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying
with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and
other related federal environmental impact analyses requirements in the use of these award
funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to
first determine if any of the following activities will be funded by the grant, prior to obligating
funds for any of these purposes. If it is determined that any of the following activities will be
funded by the award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below,
whether or not they are being specifically funded with these award funds. That is, as long as
the activity is being conducted by the recipient, a subrecipient, or any third party, and the
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Active Funded Award
activity needs to be undertaken in order to use these award funds, this condition must first be
met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically
sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat
for endangered species, or a property listed on or eligible for listing on the National Register of
Historic Places;
c. A renovation, lease, or any 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;
d. Implementation of a new program involving the use of chemicals other than chemicals that
are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for
example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory
operations, including the identification, seizure, or closure of clandestine methamphetamine
laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation
of an Environmental Assessment and/or an Environmental Impact Statement, as directed by
BJA. The recipient further understands and agrees to the requirements for implementation of a
Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.htmi, for programs relating to
methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the
recipient's or its subrecipients' existing programs or activities that will be funded by these
award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in
any preparation by BJA of a national or program environmental assessment of that funded
program or activity.
Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect
to a subaward) is required to establish a trust fund account. Recipients (and subrecipients)
must maintain advance payments of federal awards in interest -bearing accounts, unless
regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest,
may not be used to pay debts or expenses incurred by other activities beyond the scope of the
Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to
obligate the award funds in the trust fund (including any interest earned) during the period of
performance for the award and expend within 90 days thereafter. Any unobligated or
unexpended funds, including interest earned, must be returned to OJP at the time of closeout.
NOV
All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425).
Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual
performance reports through JustGrants and Local JAG Category One (Less than $25K) must
submit annual performance reports through JustGrants. Consistent with the Department's
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Active Funded Award
responsibilities under the Government Performance and Results Act (GPRA) and the GPRA
Modernization Act of 2010, the recipient must provide data that measure the results of its work.
The recipient must submit quarterly performance metrics reports through BJA's Performance
Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed
information on reporting and other JAG requirements, refer to the JAG reporting requirements
webpage. Failure to submit required JAG reports by established deadlines may result in the
freezing of grant funds and future High Risk designation.
'M47
Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub -awarded funding from this JAG award
must submit quarterly accountability metrics data related to training that officers have received
on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive
engagement with the public.
'M48
Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG
program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that
extraordinary and exigent circumstances exist, making such expenditures essential to the
maintenance of public safety and good order.
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or
after October 1, 2020
The recipient may obligate (federal) award funds only after the recipient makes a valid
acceptance of the award. As of the first day of the period of performance for the award
(October 1, 2020), however, the recipient may choose to incur project costs using non-federal
funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1)
the recipient makes a valid acceptance of the award, and (2) all applicable withholding
conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding
condition is a condition in the award document that precludes the recipient from obligating,
expending, or drawing down all or a portion of the award funds until the condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of
project costs incurred "at -risk," if and when the recipient makes a valid acceptance of this
award and OJP removes each applicable withholding condition through an Award Condition
Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse
itself for project costs incurred "at -risk" earlier during the period of performance (such as
project costs incurred prior to award acceptance or prior to removal of an applicable
withholding condition), provided that those project costs otherwise are allowable costs under
the award.
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Active Funded Award
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA
profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database
operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles
generated under this award may be entered or uploaded into any non -governmental DNA
database without prior express written approval from BJA. Award funds may not be used for
the purchase of DNA equipment and supplies unless the resulting DNA profiles may be
accepted for entry into CODIS. Booking agencies should work with their state CODIS agency
to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA
Booking Operational Procedures Manual).
Load More
r
I have read and understand the information presented in this section of the Federal Award
Instrument.
--- Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to
Acceptance
By checking the declaration and certification box below, I --
A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that
have authority to make this declaration and certification on behalf of the applicant.
B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant,
to the best of my knowledge and belief, that the following are true as of the date of
this award acceptance: (1) 1 have conducted or there was conducted (including by
applicant's legal counsel as appropriate and made available to me) a diligent review
of all terms and conditions of, and all supporting materials submitted in connection
with, this award, including any assurances and certifications (including anything
submitted in connection therewith by a person on behalf of the applicant before,
after, or at the time of the application submission and any materials that accompany
this acceptance and certification); and (2) 1 have the legal authority to accept this
award on behalf of the applicant.
C. Accept this award on behalf of the applicant.
D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and
the applicant: (1) 1 understand that, in taking (or not taking) any action pursuant to
this declaration and certification, DOJ will rely upon this declaration and certification
as a material representation; and (2) 1 understand that any materially false, fictitious,
or fraudulent information or statement in this declaration and certification (or
concealment or omission of a material fact as to either) may be the subject of
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criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34
U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil
penalties and administrative remedies under the federal False Claims Act (including
under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.
Agency Approval
Title of Approving Official
Deputy Assistant Attorney
General
Name of Approving Official Signed Date And Time
Maureen Henneberg 9/16/21 3:31 PM
Authorized Representative
0 Declaration and Certification
Entity Acceptance
Title of Authorized Entity Official
County Administrator
Name of Authorized Entity Official
Bertha Henry
Signed Date And Time
10/29/2021 11:14 AM
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EXHIBIT B
Program Narrative
AGENCY: City of Tamarac
PROJECT NAME: Crime Reduction and Community Safety Operations
PROJECT ABSTRACT
As many of the municipalities in Broward County have experienced crime increases, Tamarac has
too seen spikes (at times) of property crimes primarily at night and many times committed by
juveniles. Tamarac has a Crime Suppression Team (CST), a Criminal Investigations Unit (CI) and
uniform patrol deputies who can work as a team, covertly and overtly, to disrupt the criminals
who victimize the residents and visitors of Tamarac.
The intelligence of the Crime Analyst can be used to spot areas where the crime is occurring in
hopes of having the detectives assigned to the operation in the right place at the right time. Funds
will also be used to pay for increased visibility in shopping centers, businesses, and
neighborhoods.
Overall, the community safety aspect of this initiative will consist of deputies and detectives
proactively engaging the citizens of the community and building upon an already existing
relationship to increase alliances. This will assist and aid with maintaining the trust from the
community, resulting in resourceful and reliable intelligence for crimes occurring in the affected
targeted areas.
GOALS:
Utilization of Uniform Deputies from the Patrol Services Section and detectives from the Crime
Suppression Unit (CST) and Criminal Investigations Unit
• To reduce the amount of Organized Retail Thefts and Auto Thefts by apprehending those
responsible.
• To promote safety and community involvement through a proactive community outreach
approach, via the Agency's Park/Walk & Talk strategy and high visibility posture
OBJECTIVES/ STRATEGIES:
• Conduct crime reduction operations at locations that have experienced an increase in
Organized Retail Thefts and Auto Thefts
• Engage community residents in order to promote positive, productive and respectful
community relations; Strengthen trust within the community and maintain a partnership
from residents to help reduce crime
IDENTIFIERS:
• Organized Retail Thefts
and Auto Thefts
PROJECT NARRATIVE:
® Community Safety and 6 Overtime Expenditures
Relationship Building
The City of Tamarac was incorporated in 1963 and has a growing population in excess of 66,000
residents, based on the United States Census Bureau. The city encompasses approximately
twelve square miles and is located within the western section of Broward County, Florida.
Tamarac entered into its first police service contract with the Broward County Sheriff's Office in
1989. In October of 2020, the Broward Sheriff's Office and the City of Tamarac renegotiated a
five (5) year term extension for police services.
STATEMENT OF THE PROBLEM: (Description of the Issue)
The City of Tamarac historically experienced a high volume of Property Crimes to include, but not
limited to, Organized Retail Thefts (at major retail drug stores) and Auto Thefts. A query of the
Broward Sheriff Office summary of crimes in 2020 revealed over 1,200 reported in the City of
Tamarac: including approximately (222) Organized Retail Thefts and (152) Auto Thefts.
PROJECT DESIGN AND IMPLEMENTATION:
Crime reduction operations have been shown to have a significant impact on total reported
crimes. Crime reduction operations are more readily staffed with personnel working in an
overtime capacity as these deputies are free from normal calls for service and can focus more on
trending crimes. Based on comprehensive crime analysis, crime reduction operations will be
directed to areas of the City found to be experiencing increases in property crimes.
Crime reduction operations can take form through the application of resources to
surveillance operations, decoy operations or area saturation with a zero -tolerance policy.
Current staffing levels and minimum staffing requirements do not allow for on -duty deputies to
be detached to crime reduction operations.
Consequently, JAG Grant funds will be allocated to promote and reinforce safety within the
community by building relationships within the community. Crime reduction operations also
encompasses a healthy relationship with the community whereas part of crime solving, law
enforcement can rely on the members of the community to provide resourceful information.
A three -prong approach will be implemented to address these issues, by utilizing Crime
Suppression Unit (CST) detectives, Criminal Investigations Unit (CI) detectives and Patrol Services
of the District. CST and Cl detectives will predominantly operate in a covert mode, while the Road
Patrol section will operate in an overt or high visibility mode through the activation of the blue
Cruise Lights on their marked patrol vehicles and foot patrols (Park, Walk & Talk).
Each operation will be monitored by the Crime Suppression Team (CST) and Criminal
Investigations (CI) sergeants. The project will be managed by the District Executive Officer and
the decision to use personnel will be made in collaboration with the District Captain.
Therefore, the City of Tamarac will utilize Fiscal Year 2021 JAG Grant funds, toward costs
associated with crime reduction and community safety operations.
The ultimate goal of these operations will be to reduce the occurrences of identified crimes and
reestablish a more positive relationship with the community. Reductions in these crime
categories will help reduce the overall crime rate within the City of Tamarac and strengthen
continuous community partnerships.
CAPABILITIES and COMPETENCIES:
Tamarac is capable of combatting crimes in many different ways. As such, thethree (3) separate
sections (Criminal Investigations, Crime Suppression Team & Patrol Services) of the Tamarac
District will work together to reduce crime.
PLAN FOR COLLECTING THE DATA:
There will be a "stat sheet" that each member of the team will complete with their overtime
sheet so that performance measures can be documented.
NATIONAL INCIDENT -BASED REPORTING SYSTEM (NIBRS) SET -ASIDE:
3% of the award has been allocated for NIBRS.
EXHIBIT C
Subgrant Program Budget
AGENCY: City of Tamarac
PROJECT NAME: Crime Reduction and Community Safety Operations
Federal award identification number- 15PBJA-2I-GG-01376-JAGX
Budgets may be modified subject to the approval
of the United States Department of Justice
BUDGET SUMMARY
A. PERSONNEL
$
B. FRINGE BENEFITS
$ -
C. TRAVEL
$
D. EQUIPMENT
$
E. SUPPLIES
$
F. CONSTRUCTION
$ -
G. CONSULTANTS/CONTRACTS
$ 12,521.04
H. OTHER
$ 431.76
I. INDIRECT COST
$ -
TOTAL PROJECT COST
$ 12,952.80
Temp. Reso. 13864 - Exhibit A
EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE LOCAL SOLICITATION GRANT FOR FY21
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is being executed by Broward County
("County") and the following participating agencies (hereinafter "Participating Agencies"):
City of Coral Springs
City of Dania Beach
Town of Davie
City of Hallandale Beach
City of North Lauderdale
City of Oakland Park
City of Plantation
City of Sunrise
City of Tamarac
City of Deerfield Beach
City of Fort Lauderdale
City of Hollywood
City of Lauderdale Lakes
City of Lauderhill
City of Miramar
City of Pembroke Pines
City of Pompano Beach
A. County has been identified as a "disparate" county, such that County is permitted
to submit a joint application for an allocation on behalf of County and the Participating Agencies.
B. The Participating Agencies have been identified as eligible jurisdictions able to
collectively implement the objectives and goals of the FY21 Edward Byrne Memorial Justice
Assistance Grant (hereinafter "JAG Grant").
C. The Participating Agencies formed a working committee and developed a course
of action to achieve the goals and objectives of the JAG Grant.
D. County has been selected, through this MOU, to apply for the JAG Grant,
administer the program, and serve as the fiscal agent for the disbursement of all funds received
for the JAG Grant.
E. This MOU establishes the relationship between the Participating Agencies relating
to the JAG Grant Award Number 15PBJA-2I-GG-01376-JAGX.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Participating Agencies agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference.
2. County's Responsibilities. County will serve as the lead agency and grant
administrator for the Participating Agencies for the JAG Grant. Pursuant to the JAG Grant
guidelines, funding for the JAG Grant will be provided to County, and County will disperse the
funds to the Participating Agencies in the amounts determined by County and submitted to the
Department of Justice ("DOJ").
3. Application Submission. Each Participating Agency is responsible for submitting its
own application to County for the JAG Grant, including a program narrative and budget narrative.
FY21 JAG MOU Page 1 of 5
County, through its Office of Management and Budget, will submit a single application to the
DOJ.
4. Funding. If the JAG Grant is awarded, County will distribute the funds to each
Participating Agency in accordance with the JAG Grant and a separate Subgrant Award
Agreement (as described in Section 8 below). For Participating Agencies that currently contract
with the Broward Sheriff's Office ("BSO") for law enforcement services, County shall distribute
the funds to the Participating Agency, which the Participating Agency may then distribute to BSO
pursuant to any applicable contract(s) for law enforcement services.
5. The proposed award amount payable to each Participating Agency is as follows:
Participating Agency
Proposed Subgrant Award Amount
City of Coral Springs
$
15,989
City of Dania Beach
$
15,916
Town of Davie
$
19,343
City of Hallandale Beach
$
15,230
City of North Lauderdale
$
17,311
City of Oakland Park
$
20,714
City of Plantation
$
16,674
City of Sunrise
$
14,520
City of Tamarac
$
12,953
Broward County
$
78,551
City of Deerfield Beach
$
24,583
City of Fort Lauderdale
$
77,765
City of Hollywood
$
30,949
City of Lauderdale Lakes
$
23,090
City of Lauderhill
$
43,730
City of Miramar
$
25,832
City of Pembroke Pines
$
24,241
City of Pompano Beach
$
66,942
Total Award Amount
$
544,330
i ne arowara �.ounty subgrant award amount includes a 10% administrative fee.
6. For the FY21 JAG Grant, County will retain 10% ($54,433) of the JAG Grant total
award amount for administrative services associated with implementing the JAG Grant.
7. Term and Termination. This MOU shall commence retroactive to October 1, 2020,
and end on September 30, 2024. The continuation of this MOU is subject to the availability of
necessary funding from the JAG Grant. This MOU may be terminated upon the written consent
of all Participating Agencies.
FY21 JAG MOU Page 2 of 5
In addition, a Participating Agency may withdraw from this MOU at any time prior to
receipt of any JAG Grant funds by providing thirty (30) days written notice of its intent to
withdraw to all other Participating Agencies and County. County shall provide prompt notice to
the DOJ. Any resulting guidance provided by DOJ shall be communicated to the Participating
Agency and adhered to and carried out in a timely manner by all parties. If a Participating Agency
effectively withdraws from this MOU, County may reallocate that Participating Agency's funding
to another Participating Agency in accordance with the terms of the JAG Grant.
8. Subgrant Award Agreement. For any Participating Agency to receive the funding
specified in this MOU, the Participating Agency must enter into a Subgrant Award Agreement
between County, as the grant recipient, and the Participating Agency, as the subrecipient, in
substantially the form attached as Exhibit A.
9. Compliance with DOJ Requirements. In performing its duties, responsibilities, and
obligations pursuant to this MOU, each Participating Agency agrees to adhere to the requirement
standards set forth in the Office of Justice Programs' Financial Guide, as amended and Federal
OMB Circular A-133, as applicable, and all conditions and requirements of the JAG Grant.
10. Public Records. Each Participating Agency understands that all records created as
a result of participating in the JAG Grant may be subject to public disclosure pursuant
Section 119.07, Florida Statutes. Each Participating Agency shall be responsible for compliance
with applicable public records law regarding any public records request seeking records relating
to this MOU, including assisting County by providing the responsive records to County upon
request; each Participating Agency shall be responsible for any award of attorneys' fees or costs
for that Participating Agency's noncompliance with applicable public records law.
11. Access to Records. Each Participating Agency, its employees, and agents shall
allow access to its records concerning this MOU at reasonable times as may be requested by
County, the DOJ, the U.S. Comptroller General, or any of their duly authorized representatives.
The term "reasonable" shall be construed according to the individual facts and circumstances but
ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday
through Friday. Upon reasonable notice, the Participating Agency shall provide County with any
additional documentation, information, or reports as may be required by County.
12. Amendments. Unless expressly authorized herein, no modification, amendment,
or alteration of any portion of this MOU is effective unless contained in a written document
executed with the same or similar formality as this MOU and by duly authorized representatives
of County and each Participating Agency.
13. Counterparts and Multiple Originals. This MOU may be executed in multiple
originals, and may be executed in counterparts, whether signed physically or electronically, each
of which shall be deemed to be an original, but all of which, taken together, shall constitute one
and the same agreement.
FY21 JAG MOU Page 3 of 5
IN WITNESS WHEREOF, the Parties hereto have made and executed this MOU: BROWARD
COUNTY, through its BOARD OF COUNTY COMMISSIONERS, signing by and through its County
Administrator, authorized to execute same by Board action on the 25t" day of October, 2022, and
the Participating Agencies, signing by and through representatives duly authorized to execute
same.
BROWARD COUNTY
BROWARD COUNTY, by and through
its County Administrator
By
Monica Cepero
day of 20
Approved as to form by
Andrew J. Meyers
Broward County Attorney
115 South Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
By
De'Anne A. Jackson (Date)
Assistant County Attorney
DAJ/cv
Form JAG MOU
File #615387
11/01/22
FY21 JAG MOU Page 4 of 5
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE LOCAL SOLICITATION GRANT FOR FY21
MEMORANDUM OF UNDERSTANDING
PARTICIPATING AGENCY
CITY OF TAMARAC
TA
ATTEST:
!� By:
athleen Gunn, CITY M AGER
ISVEa•�=
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III
I HEREBY CERTIFY that I have approved this
MOU as to form and legal sufficiency subject
to execution bV the parties:
FY21 JAG MOU Page 5 of 5
BRi-, ,W EXHIBIT A
BROWARD COUNTY STANDARD SUBGRANT AWARD AGREEMENT
This Broward County Standard Subgrant Award Agreement ("Subgrant Award
Agreement") is made and entered into by and between Broward County, a political subdivision
of the State of Florida ("County"), and , a [political subdivision of the
State of Florida/constitutional officer of Broward County/other] ("Subrecipient"). County and
Subrecipient are individually referred to as a "Party" and collectively as the "Parties."
Recitals
A. County has received a grant award from the Awarding Agency and in the amount
specified in the Subgrant Award Details, pursuant to the grant attached as Exhibit A ("Grant").
B. The Grant permits County to distribute Grant funds to third parties that will
implement the Grant as described in the Program Narrative attached as Exhibit B.
C. Subrecipient desires to accept a subgrant from County of funds awarded under
the Grant, which shall be utilized by Subrecipient in accordance with the Grant and this
Subgrant Award Agreement.
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Recitals. The recitals stated above are true and correct and are incorporated herein by
reference.
2. Standard Subgrant Award Terms and Conditions. By signing this Subgrant Award
Agreement, Subrecipient represents that it has read the Grant (Exhibit A) and County's
Standard Subgrant Award Terms and Conditions ("Subgrant Award Terms") (available online at
[INSERT HYPERLINQ and understands all obligations and requirements of the Grant. The
Subgrant Award Terms are incorporated herein as if fully set forth in this Subgrant Award
Agreement.
3. Subgrant Award. Subrecipient will implement the program(s) described in Subrecipient's
Program Narrative (Exhibit B) in accordance with this Subgrant Award Agreement and will
comply with the provisions stated in the Subgrant Award Details in Section 8. In consideration
for Subrecipient's performance and compliance with this Subgrant Award Agreement, including
the Subgrant Award Terms and the Subgrant Award Details, County will provide the Subgrant
Award Amount stated in the Subgrant Award Details.
4. Funding. The maximum amount payable to Subrecipient under this Subgrant Award
Agreement is the Subgrant Award Amount specified in the Subgrant Award Details and more
specifically described in the Subgrant Program Budget attached as Exhibit C. Subrecipient shall
invoice County in accordance with the Invoicing Schedule stated in the Subgrant Award Details.
Broward County Grant Award Agreement Page 1 of 9
EXHIBIT A
5. Modifications. Subrecipient must submit any proposed modifications to the Program
Narrative or the Subgrant Program Budget in writing to County for approval. Subrecipient may
not deviate from the Program Narrative or Subgrant Program Budget without prior approval
from County (and from the Awarding Agency, if required by the Grant).
6. Reporting Obligations. Subrecipient represents and certifies it has reviewed the
requirements in the Grant, the Subgrant Award Details, and the Subgrant Award Terms
regarding the documentation, reports, and other information that must be provided by
Subrecipient to County (collectively, "Reporting Obligations"). Subrecipient shall strictly comply
with all Reporting Obligations, including time being of the essence.
7. Term. The duration of this Subgrant Award Agreement ("Term") shall be the Project
Period stated in the Subgrant Award Details, as may be extended by the Awarding Agency.
8. Subgrant Award Details
Grant Program Title
Federal Award Identification
Number
Subrecipient's Unique Entity
Identifier
Federal Award Date to County
Federal Award Identification
Number ("FAIN")
Grant Award amount to County
Subgrant Award Amount
Amount or percentage of
Subgrant Award retained by
County for administrative
expenses
Total amount of Grant Funds
committed to Subrecipient by
County
Is any portion of the Grant
❑ No
federally funded? (if yes,
Subrecipient must comply with
❑ Yes: Amount: $
federal requirements in the
Awarding Agency:
Subgrant Award Terms)
Insurance (only applicable if box is
❑ If checked, Subrecipient must maintain insurance
checked).
coverages in the types and amounts shown in Exhibit D
for the duration of the Term.
Broward County Subgrant Award Agreement Page 2 of 9
EXHIBIT A
r Is this award for research &
development?
❑ No ❑ Yes
Assistance Listings number
(the federal program that
provided the Grant)
Subgrant period of performance
start and end date ("Project
Period")
Subrecipient Invoicing Schedule
Subrecipient's address and
contact information for Notices
and payment
Performance Report requirements
Additional/Subgrant Award
Program Guidelines (if any)
Subgrant Program Description and Scope of Services Summary
Additional Subgrant Award Terms (if any)
Broward County Subgrant Award Agreement Page 3 of 9
EXHIBIT A
IN WITNESS WHEREOF, the Parties hereto have made and executed this Subgrant Award
Agreement: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS, signing by
and through its County Administrator, authorized to execute same by Board action on the
day of , 20 , and [Subrecipient], signing by and through its
duly authorized to execute same.
COUNTY
BROWARD COUNTY, by and through
its County Administrator
By:
County Administrator
day of , 20_
Approved as to form by
Andrew J. Meyers
Broward County Attorney
115 South Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
By
De'Anne A. Jackson (Date)
Assistant County Attorney
DAJ/cv
Short Form Subgrant Agreement
File #641409
10/06/22
Broward County Subgrant Award Agreement Page 4 of 9
EXHIBIT A
BROWARD COUNTY STANDARD SUBGRANT AWARD AGREEMENT
la
Authorized Signature
Name & Title
day of , 2022
Approved as to form & legal sufficiency
subject to the execution by the parties:
-12
Name (Date)
SUBRECIPIENT
Broward County Subgrant Award Agreement Page 5 of 9
EXHIBIT A
Exhibit A
Grant
Broward County Subgrant Award Agreement Page 6 of 9
EXHIBIT A
EXHIBIT B
Program Narrative
Broward County Subgrant Award Agreement Page 7 of 9
EXHIBIT A
EXHIBIT C
Subgrant Program Budget
Broward County Subgrant Award Agreement Page 8 of 9
EXHIBIT A
EXHIBIT D
Minimum Insurance Requirements
Broward County Subgrant Award Agreement Page 9 of 9