HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-1421
Temp. Reso. #11950
October 28, 2010
Pagel
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2010- �-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF TAMARAC AND THE BROWARD SHERIFF'S
OFFICE FOR THE 2010 EDWARD BYRNE JUSTICE
ASSISTANCE GRANT (JAG) FOR THE PERIOD OF
OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2013;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE THE MEMORANDUM OF UNDERSTANDING;
AUTHORIZING THE BROWARD SHERIFF'S OFFICE TO
CONTINUE TO SERVE AS THE LEAD AGENCY
PROVIDING FOR THE ADMINISTRATION OF THE 2010
BYRNE JUSTICE ASSISTANCE GRANT (JAG);
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Tamarac desires to enhance
its crime prevention and law enforcement programs; and
WHEREAS, the U.S. Department of Justice, Bureau of Justice Assistance
provides grants for projects that will reduce crime and improve public safety; and
WHEREAS, the U.S. Department of Justice requires that one party serve as
the lead agency for cities throughout Broward County for the purposes of filing the
application and administering the grant funds; and
Temp. Reso. #11950
October 28, 2010
Page2
WHEREAS, the City of Tamarac agrees to have the Broward Sheriff's Office
serve as the lead agency to file a joint application on behalf of the City and provide
for the administration of the Edward Byrne Justice Assistance Grant (JAG) funds;
and
WHEREAS, the Broward Sheriff's Office agreed to serve as lead agency and
received notification that the City of Tamarac is eligible to receive $21,416 in JAG
grant funds for 2010; and
WHEREAS, the indirect cost allocation to the Broward Sheriffs Office for
administration of the award is 7.23% resulting in a net award of $19,868; and
WHEREAS, the Assistant City Manager and Broward Sheriffs Office
Tamarac District Chief recommend approval of the Memorandum of Understanding
and accept the grant funds; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to
be in the best interest of the Citizens and Residents of the City of Tamarac to
authorize the appropriate City Officials to approve and execute a Memorandum of
Understanding for the 2010 Edward Byrne Justice Assistance Grant (JAG) between
the City of Tamarac and the Broward Sheriffs Office for the period of October 1,
2010 through September 30, 2013 and authorizes the Broward Sheriffs Office to
continue to serve as the Lead Agency providing for the administration of the 2010
Edward Byrne Justice Assistance Grant (JAG) funds.
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Temp. Reso. #11950
October 28, 2010
Page3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby 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 Commission of the City of Tamarac, Florida hereby
approves the Memorandum of Understanding between the City of Tamarac and the
Broward Sheriff's Office for the 2010 Edward Byrne Justice Assistance Grant (JAG)
for the period of October 1, 2010 through September 13, 2013 (attached hereto as
Exhibit 1). The appropriate City Officials are further authorized to execute the
Memorandum of Understanding and do all things necessary to effectuate the intent
of the agreement.
SECTION 3: The Broward Sheriffs Office is hereby authorized to
continue to serve as the lead agency and provide for the administration of the
Edward Byrne Justice Assistance Grant (JAG).
SECTION 4: All resolutions or parts of resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
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:
its passage and adoption.
Temp. Reso. #11950
October 28, 2010
Page4
This Resolution shall become effective immediately upon
PASSED, ADOPTED AND APPROVED this day of� ,20
_ r _
I HEREBY CERTIFY that I have
Approved this RESOLUTION as to form.
EL S. GOREN, CITY A
RECORD OF COMMISSION
VOTE:
Mayor Talabisco i
COMM. P. BUSHNELL .L''*'Y�'
COMM. M. GOMEZ-.1
COMM. D. GLASSER--
V/M 9. DRESSLFR
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2010 EDWARD BYRNE JUSTICE ASSISTANCE GRANT
MEMORANDUM OF UNDERSTANDING (MOU)
This Memorandum of Understanding (MOU) is being executed by the following
listed participating agencies (hereinafter "participating agencies")":
Broward Sheriffs Office (BSO)
City of Coral Springs
City of Dania Beach
Town of Davie
City of Deerfield Beach
City of Fort Lauderdale
City of Hallandale Beach
City of Hollywood
City of Lauderdale Lakes
City of Lauderhill
City of Margate
City of Miramar
City of North Lauderdale
City of Oakland Park
City of Pembroke Pines
City of Pompano Beach
City of Plantation
City of Sunrise
City of Tamarac
Nothing in this MOU should be construed as limiting or impeding the basic spirit of
cooperation which exists between the participating agencies, listed above.
WHEREAS, Broward County has been identified as a 'disparate" County; and
WHEREAS, the participating agencies have been identified as eligible jurisdictions able to
collectively implement the objectives and goals of the Edward Byrne Justice Assistance
Grant (hereinafter "JAG"); and
WHEREAS, the participating agencies have formed a working committee and developed
a course of action to achieve the goals and objectives of the JAG Program; and
WHEREAS, the BSO has been selected as through this MOU, to administer the program
and serve as the fiscal agent for the disbursement of all funds received for the JAG
Program.
THEREFORE, in consideration of the mutual terms, conditions, promises, and
covenants hereinafter set forth, the participating agencies agree as follows:
Purpose
This MOU establishes the relationship between the parties for participation in the 2010
Edward Byrne Justice Assistance Grant (JAG) Program.
Procedures
1. The Broward Sheriffs Office (BSO) will serve as the lead agency and grant
administrator for the agencies in Broward County, Florida participating in the JAG
Program. Pursuant to the JAG Program guidelines, funding for the JAG Program
will be provided to BSO.
2. The BSO shall then disperse the funds to the parties in the amounts determined by
the JAG Program. For municipalities that currently contract with BSO for law
enforcement services, the BSO shall retain the funds for use in the appropriate
BSO Districts pursuant to the contracts for law enforcement services.
3. Each party shall be responsible for submitting its own application for their
individual JAG Program to the Broward Sheriff's Office. The Broward Sheriff's
Office, Grants Management Office will prepare the single application to include the
Program Narrative and Budget Narrative, and shall submit the application to the
Department of Justice.
The grant award to each party is as follows:
Jurisdiction Name
Formula -Based Award
Less 7.23 % Indirect Cost
Allocation
Broward Sheriff's Office
$43 539.00
$40,391.00
City of Coral Springs
$29,058.00
$26,957.00
City of Dania Beach
$26,971.00
$25,021.00
Town of Davie
$32,911.00
$30,532.00
City of Deerfield Beach
$50 891.00
$47 212.00
City of Fort Lauderdale
$155,211.00
$143 989.00
City of Hallandale Beach
$49,039.00
$37,144.00
City of Hollywood
$75 936.00
$70 446.00
City of Lauderdale Lakes
$40,167.00
$37 263.00
City of Lauderhill
$62 290.00
$57 787.00
City of Margate
$19,618.00
$18,200.00
City of Miramar
$54 584,00
$50 638.00
CRY of North Lauderdale
$29 186,00
$27,076.00
City of Oakland Park
$45,272.00
$41,999.00
Ci of Pembroke Pines
$37 021.00
$34 345.00
City of Pompano Beach
$124,740,00
$115,721.00
City of Plantation
$29,700.00
$27,553.00
Citv of Sunrise
$40 777.00
$37,829.00
City of Tamarac
$21,416.00
$19 868.00
TOTAL
$959 327.00
$889 971.00
Term and Termination
1. This MOU shall remain in effect from October 1, 2010 through September 30,
2013, and its continuation shall be subject to the availability of necessary funding
from the JAG Program.
2. A participating agency may withdraw from this agreement at any time by providing
thirty (30) days written notice of its intent to withdraw to all other participating
agencies.
3. This MOU may be terminated upon the written consent of all parties to this MOU.
Amendments
This MOU may be modified at any time upon the written agreement of all of the
participating agencies.
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Insurance and indemnification
Each party agrees to maintain its own comprehensive general liability insurance,
professional liability insurance, automobile liability insurance and workers
compensation insurance policy or maintain a self -insuring fund for the term of the
Agreement in the amounts determined by each party to adequately insure said
party's liability assumed herein, but in no event shall such coverage be less than
the amount of statutory waiver of sovereign immunity. The participating agencies
agree to provide BSO within thirty (30) days of entering this Agreement with proof
of insurance if requested.
2. Each party shall be responsible for the negligent act or omissions of their
respective employees in accordance with Ch. 768,28, Fla. Stat. and nothing herein
shall be deemed a waiver of those protections.
Guidelines
In performing its duties, responsibilities and obligations pursuant to this
Agreement, each party 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.
Records
a. Each party understands that any and all records created as a result of participating
in this Program may be subject to public disclosure pursuant to the Public Records
Statute, Fla. Stat. Section 119.07 and shall be responsible for compliance with any
public records request served upon it and any resultant award of attorney's fees
for noncompliance.
b. Each party shall maintain its own respective records and documents associated
with MOU sufficient to demonstrate compliance with the terms of this Agreement
for a period of five (5) years from the date of execution of the MOU and shall allow
BSO access to such records upon request.
c. Each party, its employees or agents, shall allow access to its records concerning
this MOU at reasonable times to BSO, its employees, and agents. The term
"agents" shall include, but is not limited to, auditors retained or employed by BSO.
The term "reasonable" shall be construed according to the individual party
circumstances but ordinarily shall mean during normal business hours of 8:00 am
to 5:00 pm, local time, Monday through Friday.
d. Upon reasonable notice, the participating agency shall provide BSO with any
additional documentation, information, or reports as may be required by BSO.
Execution
This agreement may be executed in counterparts each of which shall be deemed
an original and all of which together shall be considered one and the same
agreement.
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2010 EDWARD BYRNE JUSTICE ASSISTANCE GRANT MEMORANDUM OF
UNDERSTANDING
IN WITNESS WHEREOF, the parties execute this instrument on the
date(s) shown below.
Broward County Sheriff's Office
Al Lamberti, Sheriff or
Authorized Representative
Approved as to form and legal
sufficiency subject to execution
by the parties:
LIM
Judith W. Levine, General Counsel
Office of the General Counsel
Date:
Date:
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2010 EDWARD BYRNE JUSTICE ASSISTANCE GRANT MEMORANDUM OF
UNDERSTANDING
IN WITNESS WHEREOF, the parties execute this Instrument on the
date(s) shown below.
City of Tamarac
Authorized Representative
Approved as to form and legal
sufficiency subject to execution
by the parties:
City Attorney
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Date:
Date: