HomeMy WebLinkAboutR-2025-086 BSO JAG MOU FY 2022RESOLUTION NO. 2025-086
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE BROWARD SHERIFF’S OFFICE FOR THE FY 2022 EDWARD
BYRNE JUSTICE ASSISTANCE GRANT PROGRAM (JAG); PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach (City) is eligible to receive funding from the United
States Department of Justice (DOJ) under the FY22 Edward Byrne Memorial Justice Assistance
Grant; and
WHEREAS, on February 28, 2023, the City of Dania Beach City Commission approved
Resolution No. 2023-021 authoring a subgrant agreement with Broward County for the distribution
of FY22 JAG funds; and
WHEREAS, Broward County selected BSO through an MOU to administer the program
and to serve as the fiscal agent for the distribution of all funds received for the JAG Program; and
therefore, will be requiring the participation agencies to enter into a 2022 Edward Byrne Justice
Assistance Local Solicitation Grant Memorandum of Understanding Agreement as they will take
the lead in the administration of this grant. See attached as Exhibit, “A”.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission of the City of Dania Beach, Florida authorizes
the proper City officials to execute the addendum to the FY 2022 Edward Byrne Justice Assistance
Local Solicitation Grant Memorandum of Understanding Agreement between the City and BSO.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on June 24, 2025.
Motion by Vice Mayor Salvino second by Commissioner Lewellen.
2 RESOLUTION #2025-086
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS CITY ATTORNEY
EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE LOCAL SOLICITATION GRANT FOR FV22
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 FY22 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 lSPBJA-22-GG-02086-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.
FY22 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 $ 14,725
City of Dania Beach $ 16,410
Town of Davie $ 20,974
City of Hallandale Beach $ 15,425
City of North Lauderdale $ 17,318
City of Oakland Park $ 21,491
City of Plantation $ 16,826
City of Sunrise $ 14,829
City of Tamarac $ 13,948
Broward County $ 64,330.11 *
City of Deerfield Beach $ 25,017
City of Fort Lauderdale $ 84,567
City of Hollywood $ 35,284.05
City of Lauderdale Lakes $ 23,773
City of Lauderhill $ 45,472
City of Miramar $ 25,821
City of Pembroke Pines $ 22,762
City of Pompano Beach $ 67,742
Total Award Amount $ 546,715
*The Broward County subgrant award amount includes a 7.02% administrative fee.
6. For the FY22 JAG Grant, County will retain 7.02% ($38,379.39) 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, 2021,
and end on September 30, 2025. 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.
FY22 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
0MB 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.
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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 25th day of October, 2022, and
the Participating Agencies, signing by and through representatives duly authorized to execute
same.
BROWARD COUNTY, by and through
its County Administrator
By ___________ _
Monica Cepero
__ dayof _____ _,20_
Approved as to form by
Andrew J. Meyers
Broward County Attorney
BROWARD COUNTY
115 South Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
By ___________ _
De' Anne A. Jackson
Assistant County Attorney
DAJ/cv
Form JAG MOU
File #615575
11/02/22
FY22 JAG MOU
(Date)
Page 4 of 5
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE LOCAL SOLICITATION GRANT FOR FY22
MEMORANDUM OF UNDERSTANDING
PARTICIPATING AGENCY
CITY OF DAN IA BEACH
ATTEST: By: ____________ _
CITY MAYOR/ CITY MANAGER
CITY CLERK Print Name
__ dayof ___ __,20_
I HEREBY CERTIFY that I have approved this
MOU as to form and legal sufficiency subject
to execution by the parties:
City Attorney
FY22 JAG MOU Page 5 of 5
Page | 1
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 Dania Beach, 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
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invoice County in accordance with the Invoicing Schedule stated in the Subgrant Award Details.
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 22 Edward Byrne Memorial Justice Assistance Grant
Program - Local Solicitation
Federal Award Identification
Number (“FAIN”)
15PBJA-22-GG-02086-JAGX
Subrecipient’s Unique Entity Identifier
U56KXBHZUBK9
Federal Award Date to County September 22, 2022
Grant Award amount to County $546,715.00
Subgrant Award Amount $17,649
Amount or percentage of
Subgrant Award retained by
County for administrative
expenses
7.02%
Total amount of Grant Funds
committed to Subrecipient by
County
$16,410.04
Is any portion of the Grant
federally funded? (if yes,
Subrecipient must comply with
federal requirements in the
Subgrant Award Terms)
☐No
☒Yes: Amount: $546,715.00
Awarding Agency: U.S. Department of
Justice, Office of Justice Programs, Bureau of
Justice Assistance
Insurance (only applicable if box is
checked).
☐If checked, Subrecipient must maintain insurance
coverages in the types and amounts shown in Exhibit D
for the duration of the Term.
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Is this award for research &
development? ☒No ☐Yes
Assistance Listings number
(the federal program that
provided the Grant)
16.738 Edward Byrne Memorial Justice Assistance Grant
Program
Subgrant period of performance
start and end date (“Project
Period”)
October 1, 2021 – September 30, 2025
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
contact information for Notices
and payment
Ana M. Garcia, ICMA-CM
City Manager
City Manager's Office
100 W. Dania Beach Blvd
Dania Beach, Florida 33004
954-924-6808
agarcia@daniabeachfl.gov
Performance Report requirements Semi-annual
Additional/Subgrant Award
Program Guidelines (if any)
DOJ Award Conditions attached as Exhibit A, including the
applicable DOJ Financial Guidelines.
Subgrant Program Description and Scope of Services Summary
Dania Beach will utilize awarded JAG Funds for overtime expenses related to a conveyance and
business burglary prevention initiative. These funds will allow the Dania Beach to conduct
plainclothes and unmarked surveillance in locations that are experiencing an increase in the above
crimes. These locations will be identified through our regional crime analyst who will provide
current data regarding times, dates and location of crimes. Deputies and Detectives will be
deployed in these areas in an attempt to apprehend suspects who are responsible for committing
these offenses. Deputies and Detectives will also meet with business owners throughout Dania
Beach and conduct CPTED (Crime Prevention Through Environmental Design) surveys.
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.
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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 Dania Beach, signing by and through its representative,
duly authorized to execute same.
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
FY22 Dania Beach
File #615597
11/02/22
BROWARD COUNTY STANDARD SUBGRANT AWARD AGREEMENT
SUBRECIPIENT
CITY OF DANIA BEACH
ATTEST: By:
CITY MAYOR / CITY MANAGER
_______________________________
CITY CLERK Print Name
_____ day of __________, 20___
I HEREBY CERTIFY that I have approved this
MOU as to form and legal sufficiency subject
to execution by the parties:
City Attorney
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9/23/22, 9:33 AM Funded Award
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September 22, 2022
Dear Monica Cepero,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of JusticePrograms (OJP) has approved the application submitted by BROWARD, COUNTY OF for an award underthe funding opportunity entitled 2022 BJA FY 22 Edward Byrne Memorial Justice Assistance Grant Program -Local Solicitation. The approved award amount is $546,715.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirementsbefore accepting your award. The Award Instrument includes the Award Offer (Award Information, ProjectInformation, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office andOVW funding the Award Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the AwardOffer, but also compliance with assurances and certifications that relate to conduct during the period ofperformance for the award. These requirements encompass financial, administrative, and programmaticmatters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staffshould receive the award conditions, the assurances and certifications, and the application as approvedby OJP, so that they understand the award requirements. Information on all pertinent award requirementsalso 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 appropriateremedies for non-compliance, which may include termination of the award and/or a requirement to repayaward funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant AwardAdministrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The EntityAdministrator will need to ensure the assigned Authorized Representative(s) is current and has the legalauthority to accept awards and bind the entity to the award terms and conditions. To accept the award, theAuthorized 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 awarddate.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP)system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator shouldhave already received an email from ASAP to initiate this process.
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(DOJ) has been delegated the responsibility for ensuring that recipients of federal financialassistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Officeon Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Severalfederal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the
Award Letter
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Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances thatthey will comply with those laws. Taken together, these civil rights laws prohibit recipients of federalfinancial 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 AgainstWomen Act, sexual orientation and gender identity. Recipients are also prohibited fromdiscriminating in services because of age. For a complete review of these civil rights laws andnondiscrimination requirements, in connection with DOJ awards, seehttps://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm.
Under the delegation of authority, the OCR investigates allegations of discrimination againstrecipients from individuals, entities, or groups. In addition, the OCR conducts limited compliancereviews and audits based on regulatory criteria. These reviews and audits permit the OCR toevaluate whether recipients of financial assistance from the Department are providing services in anon discriminatory 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 theJuvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justicesystem, 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 EEOPrequirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirementswhen 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 areassociated with DOJ grant funding. If you would like the OCR to assist you in fulfilling yourorganization's civil rights or nondiscrimination responsibilities as a recipient of federal financialassistance, 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 Jus ce Assistance Grant Program (JAG) allows states and local governments
to support a broad range of ac vi es to prevent and control crime and to improve the criminal jus ce
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 obliga ng funds for any of the specified ac vi es, the grantee must first determine
if any of the specified ac vi es will be funded by the grant.
The specified ac vi es requiring environmental analysis are:
a. New construc on;
b. Any renova on or remodeling of a property located in an environmentally or historically sensi ve
area, including proper es located within a 100-year flood plain, a wetland, or habitat for endangered
species, or a property listed on or eligible for lis ng on the Na onal Register of Historic Places;
c.A renova on, 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.Implementa on of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded ac vity and (b) tradi onally used, for example, in
EXHIBIT A
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office, household, recrea onal, or educa on environments; and
e. Implementa on of a program rela ng to clandes ne methamphetamine laboratory opera ons,
including the iden fica on, seizure, or closure of clandes ne methamphetamine laboratories.
Complying with NEPA may require the prepara on of an Environmental Assessment and/or an
Environmental Impact Statement, as directed by BJA. Further, for programs rela ng to
methamphetamine laboratory opera ons, the prepara on of a detailed Mi ga on Plan will be required.
For more informa on about Mi ga on Plan requirements, please see
https://www.bja.gov/Funding/nepa.html.
NEPA Coordinator
First Name
Orbin
Middle Name
——
Last Name
Terry
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Recipient Name
BROWARD, COUNTY OF
UEI
P62KF2SJJ237
Street 1
115 S ANDREWS AVE RM 409
Street 2
City
FORT LAUDERDALE
State/U.S. Territory
Florida
Zip/Postal Code
33301
Country
United States
County/Parish Province
Award Information
Recipient Information
EXHIBIT A
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————
Federal Award Date
9/22/22
Award Type
Initial
Award Number
15PBJA-22-GG-02086-JAGX
Supplement Number
00
Federal Award Amount
$546,715.00
Funding Instrument Type
Grant
16.738 Edward Byrne Memorial Justice Assistance Grant Program
Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), 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.
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
2022 BJA FY 22 Edward Byrne Memorial
Justice Assistance Grant Program - Local
Solicitation
Awarding Agency
OJP
Program Office
BJA
Award Details
Assistance Listing Number Assistance Listings Program Title
Statutory Authority
Project Information
EXHIBIT A
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Application Number
GRANT13688927
Grant Manager Name
Tamaro White
Phone Number
202-597-7548
E-mail Address
Tamaro.White@usdoj.gov
Project Title
Broward County/Broward Sheriff's Office 2022 JAG Project
Performance Period Start
Date
10/01/2021
Performance Period End
Date
09/30/2025
Budget Period Start Date
10/01/2021
Budget Period End Date
09/30/2025
Project Description
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows 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 or civil proceedings, 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 improvement
programs; 7) crime victim and witness programs (other than compensation); 8) mental health
programs and related law enforcement and corrections programs, including behavioral programs
and crisis intervention teams; and 9) implementation of state crisis intervention court proceedings
and related programs or initiatives, including but not limited to: mental health courts; drug courts;
veterans courts; and extreme risk protection order programs.
I have read and understand the information presented in this section of the Federal Award Instrument.
EXHIBIT A
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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.
I have read and understand the information presented in this section of the Federal Award Instrument.
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions onthe use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including fromvarious "general provisions" in the Consolidated Appropriations Act, 2022, are set out athttps://www.ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm, and are incorporated by referencehere.
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 forguidance, and may not proceed without the express prior written approval of OJP.
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, asadopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements")apply to this FY 2022 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022award supplements funds previously awarded by OJP under the same award number (e.g., funds awardedduring or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds underthat award number (regardless of the award date, and regardless of whether derived from the initial awardor a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awardsand subawards ("subgrants"), see the OJP website athttps://ojp.gov/funding/Part200UniformRequirements.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 thefinal 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 measurementinformation, in addition to the financial records, supporting documents, statistical records, and other
Financial Information
Award Conditions
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pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or distributedby OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 UniformRequirements, the recipient is to contact OJP promptly for clarification.
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 theevent 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 arequirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hoursafter an occurrence of an actual breach, or the detection of an imminent breach.
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 Granteesand Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.
Required training for Grant Award Administrator and Financial Manager
The Grant Award Administrator and all Financial Managers for this award must have successfully completedan "OJP financial management and grant administration training" by 120 days after the date of therecipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020,will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes duringthe period of performance, the new Grant Award Administrator or Financial Manager must have successfullycompleted an "OJP financial management and grant administration training" by 120 calendar days after thedate the Entity Administrator enters updated Grant Award Administrator or Financial Manager information inJustGrants. Successful completion of such a training on or after January 1, 2020, 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 satisfythis 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 failsto comply with this condition. The recipient's failure to comply also may lead OJP to impose additionalappropriate conditions on this award.
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) maywithhold award funds, or may impose other related requirements, if (as determined by the DOJ awardingagency) the recipient does not satisfactorily and promptly address outstanding issues from audits requiredby the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arisein connection with audits, investigations, or reviews of DOJ awards.
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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 orcertifications submitted by or on behalf of the recipient that relate to conduct during the period ofperformance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determinethat 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 ofperformance, 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-AwardReqts.htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts allmaterial requirements of the award, and specifically adopts, as if personally executed by the authorizedrecipient official, all assurances or certifications submitted by or on behalf of the recipient that relate toconduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, acondition incorporated by reference below, or an assurance or certification related to conduct during theaward 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 (orconcealment or omission of a material fact) may be the subject of criminal prosecution (including under 18U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penaltiesand 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, thatprovision shall first be applied with a limited construction so as to give it the maximum effect permitted bylaw. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall bedeemed severable from this award.
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 requirementsof 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicablerequirements 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 discriminationon the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participatein a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient andsubrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well asrules and requirements that pertain to recipients and subrecipients that are faith-based or religiousorganizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currentlyaccessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-JudicialAdministration, Chapter 1, Part 38, under e-CFR "current" data.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
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The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirementsof 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42that relate to an equal employment opportunity program.
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 requirementsof 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
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 provisionsof 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 grossmismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federalgrant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulationrelated to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of theworkforce), 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 recipientis 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 reportingrequirements, where applicable) governing the use of federal funds for expenses related to conferences (asthat term is defined by DOJ), including the provision of food and/or beverages at such conferences, andcosts of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears inthe DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ GrantsFinancial Guide").
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 underthis award. The data must be provided to OJP in the manner (including within the timeframes) specified byOJP in the program solicitation or other applicable written guidance. Data collection supports compliancewith the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, andother applicable laws.
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
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minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirectcost rate, must advise OJP in writing of both its eligibility and its election, and must comply with allassociated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied onlyto modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
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 approvedby DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), oran associated federal statute -- that a purpose of some or all of the activities to be carried out under theaward (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 yearsof age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certainindividuals may interact with participating minors. This requirement applies regardless of an individual'semployment 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 whomay interact with participating minors), and are incorporated by reference here.
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agencyoutside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at anytime during the course of the period of performance under this award, the recipient must disclose that factand certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposesof this disclosure, high risk includes any status under which a federal awarding agency provides additionaloversight due to the recipient's past performance, or other programmatic or financial concerns with therecipient. The recipient's disclosure must include the following: 1. The federal awarding agency thatcurrently 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. Thereasons for the high-risk status, as set out by the federal awarding agency.
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJPwebsite (currently, the "DOJ Grants Financial Guide" available athttps://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during theperiod of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adoptand enforce policies banning employees from text messaging while driving any vehicle during the course ofperforming 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.
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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.
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 I-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, 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.
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C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of theUnited 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 anytier, or any person or other entity, to violate any federal law, including any applicable civil rights ornondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, anysubrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verifywebsite (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents canemail E-Verify at E-VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before awardacceptance.
Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contractor subcontract with any funds under this award, may require any employee or contractor to sign an internalconfidentiality 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 enforcementrepresentative 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 contravenerequirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (whichrelates to sensitive compartmented information), or any other form issued by a federal department or agencygoverning 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 fromemployees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit orrestrict) 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 toexecute 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 ofaward funds, will provide prompt written notification to the federal agency making this award, and willresume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2.If the recipient does or is authorized under this award to make subawards ("subgrants"), procurementcontracts, or both--
a.it represents that--
(1)it has determined that no other entity that the recipient's application proposes may or will receive awardfunds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurementcontract) either requires or has required internal confidentiality agreements or statements from employees orcontractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employeesor 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 thisrepresentation; and
b.it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that
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receives funds under this award is or has been requiring its employees or contractors to executeagreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting ofwaste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds toor by that entity, will provide prompt written notification to the federal agency making this award, and willresume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
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.
All subawards ("subgrants") must have specific federal authorization
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).
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or
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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 thatotherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, orany subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, aMember of Congress, or Congress (or an official or employee of any of them) with respect to the awarding ofa federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actionssuch as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to thislaw apply, including an exception that applies to Indian tribes and tribal organizations.
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, andmay 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.
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.
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
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change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication offunding.
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.
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).
The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to
cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews,
enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO
all documentation necessary to complete monitoring tasks, including documentation related to any
subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by
BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant
monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited
to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the
Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination
of an award(s).
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.
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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.
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.
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.
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.
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.
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.
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The award recipient agrees to participate in a data collection process measuring program outputs and
outcomes. The data elements for this process will be outlined by the Office of Justice Programs.
The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or datacollection requests, including, but not limited to, the provision of any information required for the assessmentor evaluation of any activities within this project.
Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded withaward funds who is a task force commander, agency executive, task force officer, or other task forcemember 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 thisaward, 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 ForceIntegrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as otherkey issues including privacy and civil liberties/rights, task force performance measurement, personnelselection, and task force oversight and accountability. If award funds are used to support a task force, therecipient 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 TaskForce Integrity and Leadership (www.ctfli.org).
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. Adetailed justification must be submitted to and approved by the OJP program office prior to obligation orexpenditure of such funds.
The recipient understands that, in accepting this award, the Authorized Representative declares andcertifies, among other things, that he or she possesses the requisite legal authority to accept the award onbehalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate toconduct throughout the period of performance under this award. The recipient further understands, andagrees, that it will not assign anyone to the role of Authorized Representative during the period ofperformance under the award without first ensuring that the individual has the requisite legal authority.
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 NationalEnvironmental Policy Act (NEPA), the National Historic Preservation Act, and other related federalenvironmental impact analyses requirements in the use of these award funds, either directly by the recipientor by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities willbe funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the
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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 theyare being specifically funded with these award funds. That is, as long as the activity is being conducted bythe recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use theseaward 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 aproperty 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 itsbasic 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, includingthe identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of anEnvironmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipientfurther understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed athttps://bja.gov/Funding/nepa.html, 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 itssubrecipients' existing programs or activities that will be funded by these award funds, the recipient, uponspecific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or programenvironmental 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 asubaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintainadvance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expensesincurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance GrantProgram (JAG). The recipient also agrees to obligate the award funds in the trust fund (including anyinterest earned) during the period of performance for the award and expend within 90 days thereafter. Anyunobligated or unexpended funds, including interest earned, must be returned to OJP at the time ofcloseout.
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 reportsthrough JustGrants and Local JAG Category One (Less than $25K) must submit annual performancereports through JustGrants. Consistent with the Department's responsibilities under the GovernmentPerformance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must providedata that measure the results of its work. The recipient must submit quarterly performance metrics reportsthrough BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For moredetailed information on reporting and other JAG requirements, refer to the JAG reporting requirementswebpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grantfunds and future High Risk designation.
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Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submitquarterly accountability metrics data related to training that officers have received on the use of force, racialand ethnic bias, de-escalation of conflict, and constructive engagement with the public.
Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG programstatute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigentcircumstances exist, making such expenditures essential to the maintenance of public safety and goodorder.
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or afterOctober 1, 2021
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of theaward. As of the first day of the period of performance for the award (October 1, 2021), however, therecipient may choose to incur project costs using non-federal funds, but any such project costs are incurredat 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)). (Awithholding 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 costsincurred "at-risk," if and when the recipient makes a valid acceptance of this award and OJP removes eachapplicable withholding condition through an Award Condition Modification (ACM), the recipient is authorizedto obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during theperiod of performance (such as project costs incurred prior to award acceptance or prior to removal of anapplicable withholding condition), provided that those project costs otherwise are allowable costs under theaward.
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must beuploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by agovernment DNA laboratory with access to CODIS. No profiles generated under this award may be enteredor 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 DNAprofiles may be accepted for entry into CODIS. Booking agencies should work with their state CODISagency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA BookingOperational Procedures Manual).
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I have read and understand the information presented in this section of the Federal Award Instrument.
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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 I haveauthority 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 ofmy knowledge and belief, that the following are true as of the date of this award acceptance: (1)I have conducted or there was conducted (including by applicant’s legal counsel as appropriateand made available to me) a diligent review of all terms and conditions of, and all supportingmaterials submitted in connection with, this award, including any assurances and certifications(including anything submitted in connection therewith by a person on behalf of the applicantbefore, after, or at the time of the application submission and any materials that accompany thisacceptance and certification); and (2) I have the legal authority to accept this award on behalf ofthe 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 theapplicant: (1) I understand that, in taking (or not taking) any action pursuant to this declarationand certification, DOJ will rely upon this declaration and certification as a materialrepresentation; and (2) I understand that any materially false, fictitious, or fraudulent informationor statement in this declaration and certification (or concealment or omission of a material factas to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant tocivil penalties and administrative remedies under the federal False Claims Act (including under31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.
Title of Approving Official
Deputy Assistant Attorney
General
Name of Approving Official
Maureen Henneberg
Signed Date And Time
9/18/22 3:44 PM
Title of Authorized Entity Official
County Administrator
Signed Date And Time
——
Award Acceptance
Agency Approval
Authorized Representative
Entity Acceptance
EXHIBIT A
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EXHIBIT A
Exhibit B
Program Narrative
AGENCY: City of Dania Beach
PROJECT NAME: Conveyance and Business Burglary Prevention Initiative
PROJECT ABSTRACT
Dania Beach will utilize awarded JAG Funds for overtime expenses related to a conveyance and
business burglary prevention initiative. These funds will allow the Dania Beach to conduct
plainclothes and unmarked surveillance in locations that are experiencing an increase in the above
crimes. These locations will be identified through our regional crime analyst who will provide
current data regarding times, dates and location of crimes. Deputies and Detectives will be
deployed in these areas in an attempt to apprehend suspects who are responsible for committing
these offenses. Deputies and Detectives will also meet with business owners throughout Dania
Beach and conduct CPTED (Crime Prevention Through Environmental Design) surveys. These
surveys will assist in identifying ways to improve the security of facilities and parking lots.
GOALS:
-To reduce the amount of conveyance and business burglaries and apprehend those responsible.
-To monitor known offenders and reduce the likelihood of them committing more crimes.
-Support the retention of the regional crime analyst.
OBJECTIVES/STRATEGIES:
-Conduct surveillance on locations that have experienced an increase in conveyance and
business burglaries.
-Meet with business owners and conduct CPTED surveys of their property in order to “Target
harden” facilities and parking lots.
IDENTIFIERS:
-Conveyance Burglaries -Business Burglaries -Repeat Offender
PROJECT NARRATIVE:
STATEMENT OF THE PROBLEM: (Description of the Issue)
Currently, the City of Dania Beach is the home to numerous construction projects such as several
EXHIBIT B
hotels, a casino, roadway improvements, and beach revitalization. Also, the Dania Pointe project
which is a 102 acre of premier development with almost 1 million square feet of retail and
restaurants in addition to offices, hotels, luxury apartments and public entertainment venues.
The city has various main thoroughfares running through and around it such as; State Road 7, I-
95, I-595, State Road 84, Federal Highway and Florida’s Turnpike. Dania Beach also borders Fort
Lauderdale International Airport and Port Everglades. This causes large amounts of vehicular
traffic and vacationers to pass through or lodge in the city. During Dania Beach’s growth, there
has been an increase in conveyance and business burglaries. In 2021 (January thru mid-July) there
have been a total of 135 conveyance burglaries reported. In 2021 (January thru mid-July) there
have been a total of 25 business burglaries reported. A majority of the cases stem from the
numerous parking lots and commercial areas located within the city.
PROJECT DESIGN AND IMPLEMENTATION:
The Conveyance and Business Burglary Prevention Initiative is designed to conduct surveillance
on locations that have experienced an increase in conveyance and business burglaries. In addition,
law enforcement officers will meet with business owners and conduct CPTED surveys of their
property in order to “Target harden” facilities and parking lots.
Covert surveillance will be conducted by assigned personnel at locations determined by the data
provided by the Regional Crime Analyst. All activity (Field interviews, citations and arrests) will
be documented by each employee on an end of shift report. Any suspects detained will be
interviewed/debriefed by a detective. Assigned personnel will meet with surrounding
jurisdictions to discuss crime trends and possible suspects.
Law Enforcement will conduct covert surveillance by assigned personnel at locations determined
by the data provided by the Regional Crime Analyst. All activity will be routed via Computer aided
Data (CAD) dispatch (calls for service), Event Reports, Field Interviews, Citations and Arrests will
be documented by each employee on an end of shift report. Any suspects detained will be
interviewed/debriefed by a detective. Assigned personnel will meet with surrounding
jurisdictions to discuss crime trends and possible suspects.
CAPABILITIES and COMPETENCIES:
All assigned personnel will be or have been trained to conduct covert surveillance along with
CPTED Practitioners who have been certified to conduct security surveys to “Target harden”
identified locations.
PLAN for COLLECTING the DATA:
All grant activities will be documented by law enforcement officers and the City of Dania Beach
will provide quarterly programmatic reports Broward County to submit through BJA’s
EXHIBIT B
Performance Measures Platform.
DISCLOSURE OF PENDING APPLICATIONS:
The city of Dania Beach does not have pending applications submitted within the last 12 months
for federally funded assistance that include requests for funding to support the same project
being proposed under this solicitation and will cover the identical cost items outlined in the
budget narrative and worksheet in the application under this solicitation.
DISCLOSURE OF HIGH-RISK STATUS:
The city of Dania Beach is not identified as a “High Risk Status” in accordance with grant
guidelines.
DISCLOSURE of LOBBYING:
The city of Dania Beach is not or has not been involved in lobbying.
LOCAL GOVERNING BODY REVIEW:
The city of Dania Beach will forward proof that this application will be reviewed by its
Commission.
EXHIBIT B
EXHIBIT C
Subgrant Program Budget
AGENCY: City of Dania Beach
PROJECT NAME: Conveyance and Business Burglary Prevention Initiative Federal award identification number - 15PBJA-22-GG-02086-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 $ 16,410.04
H.OTHER $ -
I. INDIRECT COST $ -
TOTAL PROJECT COST $ 16,410.04
Broward County Standard Subgrant Award Terms and Conditions Page 1 of 13
BROWARD COUNTY STANDARD SUBGRANT AWARD TERMS AND CONDITIONS
These Standard Subgrant Award Terms and Conditions (“Subgrant Award Terms”) state
the terms for subgrant agreements entered into between Broward County (“County”) and the
subrecipient identified in the applicable Subgrant Award Agreement (“Subrecipient”) (each a
“Party” and collectively referred to as “Parties”).
RECITALS
A. For the applicable Grant, County serves as a pass-through entity, providing certain
grant funds to Subrecipient pursuant to the Subgrant Award Agreement.
B. In order to receive Grant funding from County, Subrecipient agrees to comply with
these Subgrant Award Terms in addition to all of the relevant requirements and conditions
imposed by the Awarding Agency pursuant to the Grant.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
DEFINITIONS
All capitalized terms utilized in the Subgrant Award Agreement shall have the same meanings
when used in these Subgrant Award Terms. In addition, the following terms shall have the
following meanings:
1.1. Applicable Law means all applicable laws, codes, advisory circulars, rules, regulations,
or ordinances of any federal, state, county, municipal, or other governmental entity, as may be
amended.
1.2. Awarding Agency means the entity that awards or provides the Grant funding to County
for allocation pursuant to the terms of the Grant.
1.3. Board means the Board of County Commissioners of Broward County, Florida.
1.4. Code means the Broward County Code of Ordinances.
1.5. Contract Administrator means the Director of the Broward County Office of Management
and Budget or their designee.
1.6. Grant means the grant identified in the “Grant Award Details” section of the Subgrant
Award Agreement and/or attached thereto as Exhibit A.
1.7. Grant Funds means the funding received by County pursuant to the Grant that is allocated
to Subrecipient pursuant to the Subgrant Award Agreement.
Broward County Standard Subgrant Award Terms and Conditions Page 2 of 13
1.8. Services means all activities and services to be performed by Subrecipient under the
Subgrant Award Agreement, including all obligations imposed by the Grant upon County, as the
Grant recipient, or Subrecipient, as the agency implementing the Grant Program(s).
1.9. Subgrant Award Agreement means the subgrant agreement entered into between
County and Subrecipient that incorporates these Subgrant Award Terms.
1.10. Subgrant Program means the goods or services, including programs, purchases,
reimbursements, or other activities, of the Subrecipient that the Grant was provided by the
Awarding Authority to fund. The Grant Program may be detailed more specifically in the “Grant
Award Details” section of the Subgrant Award Agreement.
SUBGRANT PROGRAM SCOPE
Subgrant Program. Subrecipient will implement the Grant Program stated in the Subgrant Award
Agreement and perform all Services required of Subrecipient under the Grant.
GRANT FUNDS
3.1. The Grant Funds shall be utilized by Subrecipient solely in accordance with the Subgrant
Award Agreement, these Subgrant Award Terms, and the Grant. The Subgrant Award Amount
stated in the Subgrant Award Agreement is the maximum amount payable to Subrecipient.
3.2. Failure of Subrecipient to comply with the provisions in the Subgrant Award Agreement
will result in required corrective action, up to and including financial consequences and
termination. A financial consequence may be imposed by County for Subrecipient’s
noncompliance with these Subgrant Award Terms and/or the Subgrant Award Agreement, or 2
C.F.R. § 200.339 if the Grant is federally funded, including disallowance of Subgrant Program
costs and withholding of funds.
METHOD OF BILLING AND REIMBURSEMENT
4.1. Unless otherwise stated in the Subgrant Award Agreement, Subrecipient shall submit
invoices only for costs and expenses that are reimbursable under the Grant and that were
incurred for purposes permitted under the Grant. County will not reimburse Subrecipient for
costs or expenses incurred for any purpose other than those specified the Subgrant Award
Agreement. Invoices shall be submitted to County at the address specified in the “Notices”
provision using the Reimbursement Request Form provided by County. Invoices must be
submitted within the Invoicing Schedule, but only after the Subgrant Program activities for which
the invoices are submitted have been completed. All project expenditures requested by
Subrecipient for reimbursement must be submitted in sufficient detail for proper pre-audit and
post-audit review. Invoices must designate the nature of the Services completed and, as
applicable, the personnel, hours, tasks, or other detail as requested by the Contract
Administrator. County may, in its sole discretion, disallow and not provide reimbursement to
Subrecipient for any amounts invoiced inconsistent with the Invoicing Schedule.
Broward County Standard Subgrant Award Terms and Conditions Page 3 of 13
4.2. Subrecipient acknowledges that unless the Project Period for a Grant is modified by the
Awarding Agency, County will not provide any portion of the Subgrant Award Amount for any
Services performed before or after the Project Period. Subrecipient will not submit an invoice for,
and will not seek reimbursement of, any costs or expenses other than those incurred during the
Project Period. County shall have no obligation to reimburse Subrecipient for any costs or
expenses not incurred during the Project Period. If the Project Period is modified by the Awarding
Agency, such modified Project Period shall automatically be incorporated into the Subgrant
Award Agreement upon written notice by the Contract Administrator to Subrecipient.
SOVEREIGN IMMUNITY; INDEMNIFICATION
5.1. Nothing herein is intended to serve as a waiver of sovereign immunity by either Party nor
shall anything included herein be construed as consent to be sued by third parties in any matter
arising out of the Subgrant Award Agreement or any other contract.
5.2. If Subrecipient contracts with a third party (“Contractor”) for Subgrant Program goods or
services, the contract with each such Contractor must include the following provision (the term
“Contractor” in the provision may be replaced by the applicable term used in Subrecipient’s
agreement for that party):
Contractor shall indemnify, hold harmless, and defend Broward County and all of
Broward County’s past, present, and future officers, agents, and employees
(collectively, “Indemnified Party”) from and against any and all causes of action,
demands, claims, losses, liabilities, and expenditures of any kind, including
attorneys’ fees, court costs, and expenses, including through the conclusion of any
appellate proceedings, raised or asserted by any person or entity not a party to
this Agreement, and caused or alleged to be caused, in whole or in part, by any
intentional, reckless, or negligent act or omission of Contractor, its officers,
employees, or agents, arising from, relating to, or in connection with this
agreement (collectively, a “Claim”). In the event any Claim is brought against an
Indemnified Party, Contractor shall, upon written notice from Broward County,
defend each Indemnified Party against each such Claim by counsel satisfactory to
Broward County or, at Broward County’s option, pay for an attorney selected by
the County Attorney to defend the Indemnified Party. The obligations of this
section shall survive the expiration or earlier termination of this agreement. To
the extent considered necessary by the Broward County Attorney, any sums due
to Contractor under this agreement may be retained until all Claims subject to this
indemnification obligation have been settled or otherwise resolved. Any amount
withheld shall not be subject to payment of interest.
Notwithstanding Subrecipient’s use of a Contractor, Subrecipient shall remain solely liable to
County for performance of all obligations under the Grant, the Subgrant Award Agreement, and
these Subgrant Award Terms.
Broward County Standard Subgrant Award Terms and Conditions Page 4 of 13
INSURANCE
Subrecipient must comply with any and all applicable insurance requirements stated in the Grant
and/or the Subgrant Award Agreement. Upon County’s request, Subrecipient shall provide
verification of compliance with the applicable insurance requirements.
FINANCIAL REQUIREMENTS AND RESPONSIBILITIES
7.1. Subrecipient shall ensure that all expenditures and cost accounting of Grant Funds fully
complies with the Grant.
7.2. Subrecipient must maintain written procedures for procurement transactions relating to
the Subgrant Program. Procedures must ensure that all solicitations comply with the
requirements of 2 C.F.R. § 200.319, “Competition,” if applicable to the Grant.
7.3. Subrecipient is required to establish and maintain adequate accounting systems and
financial records and to accurately account for funds awarded to it pursuant to the Subgrant
Award Agreement. Subrecipient shall have and maintain financial management systems in place
that are able to record and report on the receipt, obligation, and expenditure of such funds. An
adequate accounting system for Subrecipient must be able to accommodate a fund and account
structure to separately track receipts, expenditures, assets, liabilities for awards, and programs.
7.4. If the Grant is federally funded, Subrecipient’s obligations include the requirements
outlined in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements
in 2 C.F.R. Part 200, as adopted and supplemented in 2 C.F.R. Part 200 (together, the “Part 200
Uniform Guidance”), as applied to the Grant. The Subgrant Award Agreement for any federally
funded Grant is intended to be, and should be construed as, consistent with Part 200 Uniform
Guidance, and includes the information required pursuant to 2 C.F.R. Part 200.332.
MANAGEMENT AND REPORTING REQUIREMENTS
8.1. Performance. In the event of Subrecipient’s default, noncompliance, or violation of any
provision of the Grant, the Subgrant Award Agreement, and/or these Subgrant Award Terms, as
determined in the sole discretion of County, County may impose sanctions it deems appropriate,
which may include withholding payments or cancellation or termination of the Subgrant Award
Agreement in whole or in part. In such event, County will provide written notice to Subrecipient
of its decision at least thirty (30) days before the effective date of such sanction. If the sanction
includes cancellation or termination of the Subgrant Award Agreement, such notice from County
shall include the date by which Subrecipient must cease all Services (“Cessation Date”). If the
Subgrant Award Agreement is cancelled or terminated pursuant to this section, Subrecipient shall
be reimbursed only for those Services satisfactorily completed in compliance with the Subgrant
Award Agreement prior to the Cessation Date, unless otherwise approved in writing by the
County Administrator.
Broward County Standard Subgrant Award Terms and Conditions Page 5 of 13
8.2. Performance Reports.
8.2.1. Subrecipient must submit project performance reports (“Performance Reports”)
as stated in the Subgrant Award Agreement. These reports shall be submitted to the
Contract Administrator within the timeframe(s) specified in the Subgrant Award
Agreement.
8.2.2. Report Contents. The Performance Reports must include the following: (1) a
summary of the goals for the Subgrant Program; (2) the Services performed during the
reporting period; (3) the progress to date toward achieving each goal for the Subgrant
Program; and (4) a description of any issues that may negatively impact achieving the
goals for the Subgrant Program. County may request additional information or
modifications to the Performance Report if necessary to comply with any applicable
reporting requirements in the Grant, and Subrecipient shall promptly modify and
resubmit the Performance Report within the required timeframe for the Performance
Reports provided in the Grant Award Details.
8.3. Financial Reports.
8.3.1. Subrecipient must submit financial reports (“Financial Expenditure Reports”) in
accordance with the requirements of the Grant. Financial Expenditure Reports must be
submitted even when no reimbursement is requested. Financial Expenditure Reports
must be electronically signed by Subrecipient and Subrecipient’s chief financial officer or
the chief financial officer’s designee. Subrecipient must submit to County any outstanding
Financial Expenditure Reports no later than sixty (60) days after the end or termination
of the Grant, whichever is earlier.
8.3.2. Subrecipient must also submit a Federal Financial Report (FFR or SF-425) to County
if required by the Grant.
8.4. Unless otherwise stated in the Subgrant Award Agreement, all reports required pursuant
to this section or the Reporting Obligations must be submitted to the Contract Administrator.
After County reviews and approves the reports, County will submit the reports to the Awarding
Agency if required by the Grant. Failure to comply with any of the requirements of this article
may result in forfeiture of Grant Funds.
MONITORING AND AUDITS
9.1. Access to Records. County, the Awarding Agency, the U.S. Comptroller General (for
federally funded Grants), and any of their duly authorized representatives shall have access to
books, documents, papers, and records of Subrecipient and Subrecipient’s Contractors related to
the Grant or the Subgrant Award Agreement for the purpose of audit and examination. County
may unilaterally terminate the Subgrant Award Agreement if Subrecipient or Subrecipient’s
Contractor refuses to allow public access to all documents, papers, letters, or other materials
made or received in conjunction the Grant and subject to Chapter 119, Florida Statutes, or other
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applicable public records law, unless specifically exempted and/or made confidential by
Applicable Law.
9.2. Monitoring. Subrecipient must comply with County’s grant-monitoring guidelines,
protocols, and procedures, and cooperate with County on all grant-monitoring requests,
including requests related to desk review, enhanced programmatic desk reviews, site visits, and
contract reviews and audits. Subrecipient must provide all documentation deemed necessary by
County to complete monitoring of the Grant Funds and verify Subrecipient’s expenditures.
Further, Subrecipient must abide by deadlines set by County for providing requested documents.
Failure of Subrecipient to cooperate with grant-monitoring activities may result in sanctions,
including, but not limited to withholding or other restrictions on Subrecipient’s access to funds,
referral to the County Auditor for audit review, or termination of the Subgrant Award Agreement.
9.3. Property Management. Subrecipient must establish and administer a system to protect,
preserve, use, maintain, and dispose of any property furnished to it by County or procured with
Grant Funds, consistent with any federal property management standards set forth in the Grant.
The obligations of this section continue for as long as Subrecipient retains the property,
notwithstanding expiration or termination of the Subgrant Award Agreement.
9.4. Retention of Records. Unless a longer period is specified in the Subgrant Award
Agreement, Subrecipient must maintain all records relating to the Grant for a minimum of five
(5) years after the date of the final financial report. Subrecipient must comply with applicable
retention schedules established by Applicable Law, including without limitation the State of
Florida General Records Schedule, including, as applicable, GS1-SL for State and Local
Government Agencies and/or GS2 for Law Enforcement, Correctional Facilities and District
Medical Examiners.
9.5. Single Annual Audit.
9.5.1. Subrecipient must have a single audit or program-specific audit conducted for
each fiscal year in which Grant Funds are received or expended. If the Grant is federally
funded, the audit must be performed in accordance with 2 C.F.R. Part 200, Subpart F,
“Audit Requirements,” and other applicable federal law, and the Subgrant Award
Agreement must be identified in Subrecipient’s schedule of federal financial assistance in
the subject audit. Subrecipient’s audit report must identify the Subgrant Award
Agreement and include the contract number, award amount, contract period, funds
received, and funds disbursed.
9.5.2. The complete audit report must be submitted to County within thirty (30) days
after completion and must be finalized no later than nine (9) months after the audit
period. In order to be complete, the submitted audit report to County must include
Subrecipient management’s written response to all findings, management letters, if any,
and Subrecipient management’s response to the management letters, if any.
Broward County Standard Subgrant Award Terms and Conditions Page 7 of 13
9.5.3. Audits must be completed by an Independent Public Accountant (“IPA”) and
according to Generally Accepted Government Auditing Standards. The IPA must be either
a Certified Public Accountant or a Licensed Public Accountant. Subrecipient must procure
audit activities according to the Part 200 Uniform Guidance (if Grant is federally funded),
and include clear objectives and scope of the audit in addition to peer review reports to
strengthen audit quality and ensure effective use of audit resources.
9.5.4. Subrecipient must promptly follow up and take appropriate corrective action for
any findings in the audit report in instances of noncompliance with Applicable Law,
including but not limited to, preparation of a summary schedule of prior audit findings
and a corrective action plan. Subrecipient’s follow-up audit findings must comply with the
requirements in Part 200 Uniform Guidance, to the extent applicable.
9.5.5. Subrecipient must make copies of the audit available for public inspection and
ensure respective parts of the reporting package do not include protected personally
identifiable information. The audit and its supporting records must be made available
upon request for a period of three (3) years after the date the audit report is issued.
County, in its sole discretion, may extend this records retention period upon written
notice to Subrecipient.
9.5.6. If the Grant is closed without audit(s) that include the entirety of Grant Funds
received by Subrecipient and the expenditure of all such funds, County reserves the right
to recover any disallowed costs identified in an audit completed after such closeout.
9.5.7. If the Grant is federally funded, the Federal Audit Clearinghouse is the repository
of record for 2 C.F.R. § 200(F). Audits performed pursuant to 2 C.F.R. § 200(F) must be
completed and submitted to the Federal Audit Clearinghouse by thirty (30) calendar days
after receipt of the auditor’s reports or nine (9) months after the end of the audit period,
whichever is earlier. Such submissions must include required elements described in
Appendix X to Part 200 Uniform Guidance on the specified Data Collection Form (Form
SF-SAC) and be signed by Subrecipient’s chief financial officer or designee.
TERMINATION
10.1. Termination for Cause. The Subgrant Award Agreement may be terminated for cause by
the aggrieved Party if the Party in breach has not corrected the breach within ten (10) days after
receipt of written notice from the aggrieved Party identifying the breach. The Subgrant Award
Agreement may be terminated for cause by County for Subrecipient’s failure to suitably or
continuously perform the Services in a manner calculated to meet or accomplish the objectives
in the Subgrant Award Agreement, or repeated submission (whether negligent or intentional) for
payment of false or incorrect invoices or requests for reimbursement.
Termination for cause by County may be made by the County Administrator, the County
representative expressly authorized under the Subgrant Award Agreement, or the County
Broward County Standard Subgrant Award Terms and Conditions Page 8 of 13
representative (including any successor) who executed the Agreement on behalf of County. If
County erroneously, improperly, or unjustifiably terminates the Subgrant Award Agreement for
cause, such termination shall be deemed a termination for convenience pursuant to Section 10.2
effective thirty (30) days after such notice was provided and Subrecipient shall be eligible for the
compensation provided in Section 10.3 as its sole remedy.
10.2. Termination for Convenience; Other Termination. The Subgrant Award Agreement may
also be terminated for convenience by the Board with at least thirty (30) days advance written
notice to Subrecipient. Subrecipient acknowledges that it has received good, valuable, and
sufficient consideration for County’s right to terminate the Subgrant Award Agreement for
convenience including in the form of County’s obligation to provide advance notice to
Subrecipient of such termination in accordance with this section. The Subgrant Award Agreement
may also be terminated by the County Administrator upon such notice as the County
Administrator deems appropriate under the circumstances if the County Administrator
determines that termination is necessary to protect the public health, safety, or welfare.
10.3. Effect of Termination on Reimbursement. If the Subgrant Award Agreement is terminated
by either Party, any reimbursement(s) requested by Subrecipient for Subgrant Program activities
properly performed prior to the date of written notice of termination or the Cessation Date,
whichever is earlier, shall be reimbursed by County pursuant to the terms of the Subaward
Agreement, subject to any right of County to retain any sums otherwise due and payable to
Subrecipient. Any Subgrant Program activities or expenditures performed or incurred by
Subrecipient after such date shall not be subject to reimbursement by County.
10.4. Notice of termination shall be provided in accordance with the “Notices” section of these
Subgrant Award Terms except that notice of termination by the County Administrator to protect
the public health, safety, or welfare may be oral notice promptly confirmed in writing.
10.5. In addition to any termination rights stated in the Subgrant Award Agreement, County
shall be entitled to seek any and all available contractual or other remedies available at law or in
equity.
MISCELLANEOUS
11.1. Contract Administrator Authority. The Contract Administrator is authorized to coordinate
and communicate with Subrecipient to manage and supervise the performance of the Subgrant
Award Agreement. In addition to any other authority provided to the Contract Administrator in
these Subgrant Award Terms or the Subgrant Award Agreement, the Contract Administrator may
approve modifications to the Program Narrative or Program Budget and may execute
amendment(s) to the Subgrant Award Agreement that the Contract Administrator deems
necessary to effectuate the purpose of the Grant, subject to compliance with the Grant and
provided there is no increase in cost to County.
Broward County Standard Subgrant Award Terms and Conditions Page 9 of 13
11.2. Public Records. Notwithstanding anything else in the Subgrant Award Agreement, any
action taken by County in compliance with, or in a good faith attempt to comply with, the
requirements of Chapter 119, Florida Statutes, shall not constitute a breach of the Subgrant
Award Agreement. If Subrecipient is acting on behalf of County as stated in Section 119.0701,
Florida Statutes, Subrecipient shall:
11.2.1. Keep and maintain public records required by County to perform the Services;
11.2.2. Upon request from County, provide County with a copy of the requested records
or allow the records to be inspected or copied within a reasonable time and at a cost that
does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided
by Applicable Law;
11.2.3. Ensure that public records that are exempt or confidential and exempt from public
record requirements are not disclosed except as authorized by Applicable Law for the
duration of the Subgrant Award Agreement and after completion or termination of the
Subgrant Award Agreement if the records are not transferred to County; and
11.2.4. Upon expiration of the Term or termination of Subgrant Award Agreement,
transfer to County, at no cost, all public records in possession of Subrecipient or keep and
maintain public records required by County to perform the services. If Subrecipient
transfers the records to County, Subrecipient shall destroy any duplicate public records
that are exempt or confidential and exempt. If Subrecipient keeps and maintains the
public records, Subrecipient shall meet all requirements of Applicable Law for retaining
public records. All records stored electronically must be provided to County upon request
in a format that is compatible with the information technology systems of County.
If Subrecipient receives a request for public records regarding the Subgrant Award Agreement or
the Services, Subrecipient must immediately notify the Contract Administrator in writing and
provide all requested records to County to enable County to timely respond to the public records
request. County will respond to all such public records requests.
Subrecipient must separately submit and conspicuously label as “RESTRICTED MATERIAL – DO
NOT PRODUCE” any material (a) that Subrecipient contends constitutes or contains its trade
secrets under Chapter 688, Florida Statutes, or (b) for which Subrecipient asserts a right to
withhold from public disclosure as confidential or otherwise exempt from production under
Florida public records laws (including Chapter 119, Florida Statutes) (collectively, “Restricted
Material”). In addition, Subrecipient must, simultaneous with the submission of any Restricted
Material, provide a sworn affidavit from a person with personal knowledge attesting that the
Restricted Material constitutes trade secrets or is otherwise exempt or confidential under Florida
public records laws, including citing the applicable Florida statute and specifying the factual basis
for each such claim. Upon request by County, Subrecipient must promptly identify the specific
applicable statutory section that protects any particular document. If a third party submits a
request to County for records designated by Subrecipient as Restricted Material, County shall
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refrain from disclosing such material unless otherwise ordered by a court of competent
jurisdiction, authorized in writing by Subrecipient, or the claimed exemption is waived. Any
failure by Subrecipient to strictly comply with the requirements of this section shall constitute
Subrecipient’s waiver of County’s obligation to treat the records as Restricted Material.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE SUBGRANT AWARD AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 954-357-6348, GRANTS@BROWARD.ORG,
115 SOUTH ANDREWS AVENUE, ROOM 404, FORT LAUDERDALE, FLORIDA 33301.
11.3. Independent Contractor. Subrecipient is an independent contractor of County, and
nothing in the Subgrant Award Agreement shall constitute or create a partnership, joint venture,
or any other relationship between the Parties. In performing Services, neither Subrecipient nor
its agents shall act as officers, employees, or agents of County. Subrecipient shall not have the
right to bind County to any obligation not expressly undertaken by County under the Subgrant
Award Agreement.
11.4. Regulatory Capacity. Notwithstanding the fact that County is a political subdivision with
certain regulatory authority, County’s performance under the Subgrant Award Agreement is as a
Party and not in its regulatory capacity. If County exercises its regulatory authority, the exercise
of such authority and the enforcement of Applicable Law shall have occurred pursuant to
County’s regulatory authority as a governmental body separate and apart from the Subgrant
Award Agreement and shall not be attributable in any manner to County as a Party to the
Subgrant Award Agreement.
11.5. Third-Party Beneficiaries. Neither Subrecipient nor County intends to directly or
substantially benefit a third party by the Subgrant Award Agreement. Therefore, the Parties
acknowledge that there are no third-party beneficiaries to the Subgrant Award Agreement and
that no third party shall be entitled to assert a right or claim against either of them based upon
the Subgrant Award Agreement.
11.6. Notice and Payment Address. Unless otherwise stated in the Subgrant Award Agreement,
for notice to a Party to be effective, notice must be sent via U.S. first-class mail, hand delivery, or
commercial overnight delivery, each with a contemporaneous copy via email, to the addresses
listed below and shall be effective upon mailing or hand delivery (provided the contemporaneous
email is also sent). Notice and payment to Subrecipient shall be made to the address shown for
Subrecipient in the Subaward Grant Agreement. Addresses may be changed by the applicable
Party giving notice of such change in accordance with this section.
FOR COUNTY:
Broward County Office of Management and Budget
115 South Andrews Avenue, Suite 404
Broward County Standard Subgrant Award Terms and Conditions Page 11 of 13
Fort Lauderdale, FL 33301
Grants@broward.org
11.7. Assignment. The Subgrant Award Agreement may not be assigned, transferred, or
encumbered by Subrecipient without the prior written consent of County, which may be withheld
in its sole discretion. Any assignment, transfer, or encumbrance in violation of this section shall
be void and ineffective, constitute a breach of the Subgrant Award Agreement, and permit
County to immediately terminate the Subgrant Award Agreement, in addition to any other
remedies available to County at law or in equity.
11.8. Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth is
substantial and important to the formation of the Subgrant Award Agreement, and each is,
therefore, a material term. County’s failure to enforce any provision of the Subgrant Award
Agreement shall not be deemed a waiver of such provision or modification of the Subgrant Award
Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the Subgrant Award Agreement. To be effective,
any waiver must be in writing signed by an authorized signatory of the Party granting the waiver.
11.9. Compliance with Laws. Subrecipient and the Services must comply with all Applicable
Law, including, without limitation, the Americans with Disabilities Act, 42 U.S.C. § 12101, Section
504 of the Rehabilitation Act of 1973, and the requirements of the Grant.
11.10. Severability. If any part of the Subgrant Award Agreement is found to be unenforceable
by any court of competent jurisdiction, that part shall be deemed severed from the Subgrant
Award Agreement and the balance of the Subgrant Award Agreement shall remain in full force
and effect.
11.11. Joint Preparation. The Subgrant Award Agreement shall not be construed more strictly
against either Party.
11.12. Interpretation. The titles and headings contained in the Subgrant Award Agreement are
for reference purposes only and shall not in any way affect the meaning or interpretation of the
Subgrant Grant Award Agreement. All personal pronouns used in the Subgrant Award Agreement
shall include any other gender, and the singular shall include the plural, and vice versa, unless the
context otherwise requires. Terms such as “herein” refer to the Subgrant Award Agreement as a
whole and not to any particular sentence, paragraph, or section where they appear, unless the
context otherwise requires. Whenever reference is made to a section or article, such reference
is to the section or article as a whole, including all subsections thereof, unless the reference is
made to a particular subsection or subparagraph of such section or article. Any reference to
“days” means calendar days, unless otherwise expressly stated. Any reference to approval by
County shall require approval in writing, unless otherwise expressly stated.
11.13. Priority of Provisions. Unless expressly specified in the Subgrant Award Agreement, if
there is a conflict or inconsistency between any term, statement, requirement, or provision of
Broward County Standard Subgrant Award Terms and Conditions Page 12 of 13
any document or exhibit attached to, referenced by, or incorporated in the Subgrant Award
Agreement and any provision of the articles of these Subgrant Award Terms, the provisions
contained in Sections 1-8 of the Subgrant Award Agreement prevail and will be given effect.
11.14. Law, Jurisdiction, Venue, Waiver of Jury Trial. The Subgrant Award Agreement shall be
interpreted and construed in accordance with and governed by the laws of the State of Florida.
The exclusive venue for any lawsuit arising from, related to, or in connection with the Subgrant
Award Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and for
Broward County, Florida. If any claim arising from, related to, or in connection with the Subgrant
Award Agreement must be litigated in federal court, the exclusive venue for any such lawsuit
shall be in the United States District Court or United States Bankruptcy Court for the Southern
District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO A
TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THE SUBGRANT AWARD AGREEMENT.
11.15. Amendments. Unless expressly authorized herein, no modification, amendment, or
alteration of any portion of the Subgrant Award Agreement is effective unless contained in a
written document executed with the same or similar formality as the Subgrant Award Agreement
and by duly authorized representatives of County and Subrecipient.
11.16. Prior Agreements. Unless otherwise stated in the Subgrant Award Agreement, the
Subgrant Award Agreement represents the final and complete understanding of the Parties
regarding the Grant and supersedes all prior and contemporaneous negotiations and discussions
regarding same. All commitments, agreements, and understandings of the Parties concerning the
Grant are contained herein.
11.17. Payable Interest
11.17.1. Payment of Interest. Unless prohibited by Applicable Law, County shall not be
liable for interest to Subrecipient for any reason, whether as prejudgment interest or for
any other purpose, and Subrecipient waives, rejects, disclaims, and surrenders any and
all entitlement to interest in connection with a dispute or claim arising from, related to,
or in connection with the Subgrant Award Agreement.
11.17.2. Rate of Interest. If the preceding subsection is inapplicable or is determined to
be invalid or unenforceable by a court of competent jurisdiction, the annual rate of
interest payable by County under the Subgrant Award Agreement, whether as
prejudgment interest or for any other purpose, shall be, to the full extent permissible
under Applicable Law, one quarter of one percent (0.25%) simple interest
(uncompounded).
11.18. Incorporation by Reference. Any and all Recital clauses stated above are true and correct
and are incorporated in these Subgrant Award Terms by reference.
11.19. Counterparts and Multiple Originals. The Subgrant Award Agreement may be executed in
multiple originals, and may be executed in counterparts, whether signed physically or
Broward County Standard Subgrant Award Terms and Conditions Page 13 of 13
electronically, each of which shall be deemed to be an original, but all of which, taken together,
shall constitute one and the same agreement.
11.20. Use of County Name or Logo. Subrecipient shall not use County’s name or logo in
marketing or publicity materials without prior written consent from the Contract Administrator.
11.21. Time of the Essence. Time is of the essence for Subrecipient’s performance of all
obligations under the Subgrant Award Agreement and these Subgrant Award Terms.
DAJ/cv
Subgrant Award Terms and Conditions
File #641410v2
11/02/22