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HomeMy WebLinkAboutR-2024-100 JAG Award MOU FY 2021RESOLUTION NO. 2024- r A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE BROWARD COUNTY SHERIFF'S OFFICE (BSO) FOR THE FY 2021 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 Department of Justice (DOJ) under the Edward Byrne Memorial Justice Assistance Grant; and WHEREAS, the DOI has identified Broward County as a "disparate" County; and WHEREAS, the DOJ awarded Broward County, as lead agency in the disparate County, JAG Award No. 15PBJA-2I-GG-01376-JAGX, of which the City as a sub -recipient was awarded Fifteen Thousand Nine Hundred Fifteen Dollars and Sixty Cents ($15,915.60); and WHEREAS, on February 28, 2023, the City of Dania Beach City Commission approved Resolution No. 2023-020 authoring a subgrant agreement with Broward County for the distribution of JAG funds; and WHEREAS, BSO has been selected through this MOU to administer the program and serve as the fiscal agent for the distribution of all funds received for the JAG Program; and WHEREAS, the City and BSO desire to memorialize the terms under which BSO will administer the JAG Program and serve as the fiscal agent as detailed in the MOU, and which is attached as Exhibit "A" and is incorporated into this Resolution by this reference. 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 an MOU between the City and BSO for 2021 JAG Program and to execute any subsequent amendments to the MOU. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 i ' 2024. Motion by `ifii i S ` I second by CC 044Y VWdO FINAL VOTE ON ADOPTION: Unanimous I Yes No Commissioner Joyce L. Davis Commissioner Tamara James _ Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibalcl,J. Ryan IV CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: 10 2 RESOLUTION #2024- M 2021 EDWARD BYRNE JUSTICE ASSISTANCE LOCAL SOLICITATION GRANT MEMORANDUM OF UNDERSTANDING (MOU) This Memorandum of Understanding (MOU) is being executed by the following listed participating agencies (hereinafter "participating agencies")": Broward Sheriffs Office (BSO) City of Coral Springs City of Dania Beach Town of Davie City of Deerfield Beach City of Fort Lauderdale City of Hallandale Beach City of Hollywood City of Lauderdale Lakes City of Lauderhill City of Miramar City of North Lauderdale City of Oakland Park City of Pembroke Pines City of Plantation City of Pompano Beach City of Sunrise City of Tamarac Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between the participating agencies, listed above. WHEREAS, Broward County has been identified as a "disparate" County; and WHEREAS, the participating agencies have been identified as eligible jurisdictions able to collectively implement the objectives and goals of the Edward Byrne Justice Assistance Grant (hereinafter "JAG"); and WHEREAS, the participating agencies have formed a working committee and developed a course of action to achieve the goals and objectives of the JAG Program; and WHEREAS, the Broward Sheriffs Office (BSO) has been selected as through this MOU, to administer the program and serve as the fiscal agent for the disbursement of all funds received for the JAG Program. THEREFORE, in consideration of the mutual terms, conditions, promises, and covenants hereinafter set forth, the participating agencies agree as follows: Purpose This MOU establishes the relationship between the parties for participation in the FY 2021 Edward Byrne Justice Assistance Grant (JAG) Local Solicitation Grant Program (Award Number 15PBJA-2I-GG-01376-JAGX). Procedures 1. BSO will serve as the lead agency and grant administrator for the agencies in Broward County, Florida participating in the JAG Program. Pursuant to the JAG Program guidelines, funding for the JAG Program will be provided to the BSO. 2. The BSO shall then disperse the funds to the parties in the amounts determined by the JAG Program. For municipalities that currently contract with BSO for law enforcement services, the BSO shall retain the funds for use in the appropriate BSO Districts pursuant to the contracts for law enforcement services. 3. Each party shall be responsible for submitting its own application for their individual JAG Program to the BSO. The BSO, Grants Management Office will prepare the single application to include the Program Narrative and Budget Narrative, and shall submit the application to the Department of Justice. Below is the list of awards, less the 10% of the Formula -Based Allocation for administrative costs for each of the seventeen jurisdictions: 2021 EDWARD BYRNE MEMORIAL JAG AWARDS Jurisdiction Name Formula -Based Allocation Less 10% Administrative Cost Award Broward County/ Broward Sheriff's Office $26,798 $2,679.80) $24,118.20 City of Coral Springs $17,765 ($1,776.50) $15,988.50 City of Dania Beach $17,684 ($1,768.40) $15,915.60 Town of Davie $21,492 ($2,149.20) $19,342.80 City of Deerfield Beach $27,314 ($2,731.40) $24,582.60 City of Fort Lauderdale $86,405 ($8,640.50) $77,764.50 City of Hallandale Beach $16,922 ($1,692.20) $15,229.80 City of Hollywood $34,388 ($3,438.80) $30,949.20 City of Lauderdale Lakes $25,655 ($2,565.50) $23,089.50 City of Lauderhill $48,589 ($4,858.90) $43,730.10 City of Miramar $28,702 ($2,870.20) $25,831.80 City of North Lauderdale $19,234 ($1,923.40) $17,310.60 City of Oakland Park $23,016 ($2,301.60) $20,714.40 City of Pembroke Pines $26,934 ($2,693.40) $24,240.60 City of Plantation $18,527 ($1,852.70) $16,674.30 City of Pompano Beach $74,380 ($7,438.00) $66,942.00 City of Sunrise $16,133 ($1,613.30) $14,519,70 City of Tamarac $14,392 ($1,439.20) $12,952.80 Total $544,330 ($54,433.00) $489,897 * BSO will also be the lead agency and provide fiscal and programmatic oversight. 2 Term and Termination 1. This MOU shall remain in effect from October 1, 2020 through September 30, 2024, and its continuation shall be subject to the availability of necessary funding from the JAG Program. 2. A participating agency may withdraw from this agreement at any time by providing thirty (30) days written notice of its intent to withdraw to all other participating agencies. 3. This MOU may be terminated upon the written consent of all parties to this MOU. Amendments This MOU may be modified at any time upon the written agreement of all of the participating agencies. Insurance and Indemnification 1. Each parry agrees to maintain its own comprehensive general liability insurance, professional liability insurance, automobile liability insurance and workers compensation insurance policy or maintain a self -insuring fund for the term of the Agreement in the amounts determined by each party to adequately insure said parry's liability assumed herein, but in no event shall such coverage be less than the amount of statutory waiver of sovereign immunity. The participating agencies agree to provide the BSO within thirty (30) days of entering this Agreement with proof of insurance if requested. 2. Each party shall be responsible for the negligent acts or omissions of their respective employees in accordance with Ch. 768.28, Fla. Stat. and nothing herein shall be deemed a waiver of those protections. Guidelines In performing its duties, responsibilities and obligations pursuant to this Agreement, each party agrees to: (i) adhere to the requirement standards set forth in the Office of Justice Programs'. Financial Guide, as amended and Federal OMB Circular A- 133, as applicable; and (ii) , the special conditions FY 2021 Edward Byrne Justice Assistance Grant (JAG) Local Solicitation Grant Award issued by DOJ. All participating agencies shall enter into a formal sub -award agreement between the BSO as Sub -award Grantor and the participating agency as the Sub -award Grantee in a form substantially similar to the attached Exhibit 1. 3 a. Each party understands that any and all records created as a result of participating in this Program may be subject to public disclosure pursuant to the Public Records Statute, Fla. Stat. Section 119.07 and shall be responsible for compliance with any public records request served upon it and any resultant award of attorney's fees for noncompliance. b. Each party shall maintain its own respective records and documents associated with MOU sufficient to demonstrate compliance with the terms of this Agreement for a period of five (5) years from the date of execution of the MOU and shall allow the BSO access to such records upon request. c. Each party, its employees or agents, shall allow access to its records concerning this MOU at reasonable times to the BSO, its employees, and agents. The term "agents" shall include, but is not limited to, auditors retained or employed by the BSO. The term "reasonable" shall be construed according to the individual party circumstances but ordinarily shall mean during normal business hours of 8:00 am to 5:00 pm, local time, Monday through Friday. d. Upon reasonable notice, the participating agency shall provide the BSO with any additional documentation, information, or reports as may be required by the BSO. Execution This agreement may be executed in counterparts each of which shall be deemed an original and all of which together shall be considered one and the same agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] H 2021 EDWARD BYRNE JUSTICE ASSISTANCE GRANT MEMORANDUM OF UNDERSTANDING IN WITNESS WHEREOF, the parties executed this instrument on the date(s) shown below. BROWARD COUNTY SHERIFF'S OFFICE LN Colonel Oscar Llerena, Executive Director Department of Administration Approved as to form and legal sufficiency subject to the execution by the parties: LN Terrence Lynch, General Counsel/Executive Director Office of the General Counsel Date: Date: 2021 EDWARD BYRNE JUSTICE ASSISTANCE GRANT MEMORANDUM OF UNDERSTANDING IN WITNESS WHEREOF, the parties executed this instrument on the date(s) shown below. CITY OF DANIA BEACH By: Date: Ana M. Garcia, City Manager Approved as to form and legal sufficiency subject to the execution by the parties: By: Date: City Attorney 0