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HomeMy WebLinkAboutR-2019-024 City Authorizing to Execute an Interlocal Agreement with Broward County, as a Sub-Recipient for the Edward Byrne Memorial Justice Assistance Grant Program Through BSO RESOLUTION NO. 2019-024 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY, FLORIDA, AS A SUB-RECIPIENT FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM THROUGH THE BROWARD SHERIFF'S OFFICE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Broward County is a recipient of the federal Edward Byrne Memorial Justice Assistance Grant("JAG") funds; and WHEREAS, the County sub-awards funds to eligible governmental entities and has entered into an agreement ("Agreement") with the Broward Sheriff's Office (`BSO") to act as the managing entity for pass-through JAG funds to individual participant cities; and WHEREAS, the City of Dania Beach has been identified as an eligible jurisdiction and is awarded Four Thousand One Hundred Seven Dollars and Nine Cents ($4,107.09) for overtime expenses related to an "Auto Theft Juvenile Offender Prevention Initiative and Crime Analyst Retention Project"; and WHEREAS, the City is requesting to enter into a sub-recipient agreement with regard to the grant award; and WHEREAS, Exhibit B, Subjection H of the Agreement provides that the City will contribute Eight Thousand Five Hundred Ninety-five Dollars ($8,595.00) to the Regional Crime Analyst Retention Project from the City's Justice Assistant Grant Award that will be retained by BSO for this purpose; and WHEREAS, the City intends to enter into an Interlocal Agreement with the Broward Sheriff's Office to manage the grant and to do all of the reporting required in the sub-recipient Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and they are made a specific part of this Resolution. Section 2. That the appropriate City Officials are authorized to execute an Interlocal Agreement with Broward County through the Broward Sheriff s Office related to a sub-recipient agreement for the 2017 Edward Byrne Memorial Justice Assistance Grant Program in the amount of Four Thousand One Hundred Seven Dollars and Nine Cents ($4,107.09). Section 3. That funding will be appropriated as necessitated in the Grant Fund. Section 4. That the appropriate City Officials are authorized to do all things necessary and expedient, in order to effectuate the execution of the Agreement described above, and to carry out the aims of this Resolution. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution shall be repealed to the extent of such conflict. Section 6. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on March 12, 2019. ATTEST: © y THOMAS SCHNEDIER, CMC LORI LEWELLEN CITY CLERK �+ � 1�4� MAYOR etISH APPROVED AS O FO A AND CORRECTNESS: THOMA . ANSB` O \j CITY ATTORNEY 2 RESOLUTION#2019-024 BN- 7ARD COUNT SUBRECIPIENT AGREEMENT BETWEEN SCOTT J.ISRAEL,AS SHERIFF OF BROWARD COUNTY FLORIDA AND CITY of DANIA BEACH FOR Edward Byrne Memorial Justice Assistance Grant Program This is a Sub-recipient Agreement("Agreement"),made and entered into by and between Scott J. Israel as Sheriff of Broward County,a constitutional officer of Broward County("BSO")and City of DANIA BEACH , ("Sub-recipient"), (collectively referred to as the "Parties"). A. The U.S. Department of Justice("DOJ") has identified Broward County as a "disparate" County. B. Broward County("County")is a recipient of federal Edward Byrne Memorial Justice Assistance Grant ("JAG') funds. As a non-federal pass-through entity for this program, the County sub-awards JAG funds to eligible units of government. All sub-awards made by the County to eligible units of government under this program require compliance with this Agreement upon signed acceptance of the sub-award. C. County has entered an agreement with BSO to act as: 1) the managing entity to pass-through JAG funds to individual participant cities; and 2) enter individual sub-recipient agreements with each individual city containing the provisions herein. D. The Sub-recipient has been identified as an eligible jurisdiction able to implement the objectives and goals of the JAG program,Catalogue of Federal Domestic Assistance("CFDA") Number 16.738. E. The parties have entered a Memorandum of Understanding pertaining the subject funds but the DOJ and County require a more extensive,individual sub-recipient agreement in the form herein. F. This Agreement must be consistent with the requirements outlined in 2 CFR 200.331, the Federal Uniform Administrative requirements, Cost Principals, and Audit Requirements for Federal Awards found in Title 2 Grants and Agreements, Part 200. NOW THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth,the Parties agree as follows: SECTION I: PURPOSE This Agreement establishes the relationship between the Parties for participation in the FY 2017 Edward Byrne Memorial Justice Assistance Grant(JAG) Local Solicitation Grant Program(Award Number 2017-DJ- BX-0823). The Federal Award Identification Number is 2017-DJ-BX-0823 and the Federal Award Date to the County was June 26, 2018. Pursuant to the Federal Funding Accountability and transparency Act (FFATA)the Federal award project description for the Sub-recipient is individually summarized in Exhibit A attached hereto and incorporated by reference. w Upon acceptance of the sub-award, the terms and conditions outlined herein will become binding. As a unit of government, the Sub-recipient will maintain required state and federal registrations and Page-1-of 22 certifications for eligibility under this program. The Sub-recipient must submit required programmatic and financial reports documenting that eligible activities were completed in accordance with the grant and program requirements. SECTION II: AWARD The Sub-recipient's grant award is as follows: Sub-recipient's Name S'ub-award Amount` City of DANIA BEACH $4,107.09 The BSO will only reimburse Sub-recipient for authorized activities. BSO will not reimburse for costs incurred for any purpose other than those specified in this Agreement. Failure to comply with provisions of this Agreement, including failure to perform grant activities as specified in this Agreement, will result in required corrective action up to and including financial consequences.A financial consequence may be imposed for non-compliance in accordance with 2 C.F.R. § 200 and this Agreement, including but not limited to project costs being disallowed,withholding of federal funds and/or termination of the project Grant funds must not to be used for research and development and the Grant funds must not be used for lobbying. Funds allocated under this Agreement shall not be used for prohibited expenditures found in 34 U.S.C.§ 10152(d),42 U.S.C. §3751,or other prohibited expenditures as identified within the grant. SECTION III: METHOD OF BILLING AND PAYMENT Sub-recipient may submit invoices for compensation no more often than on a monthly basis, but only after the activities for which the invoices are submitted have been completed. An original invoice transmitted electronically is due within fifteen (15)days of the end of the month except the final invoice which must be received no later than thirty (30) days after expiration or earlier termination of this Agreement. Invoices must designate the nature of the activities completed and, as applicable, the personnel, hours, tasks, or other detail as requested by BSO and/or the County. All payments made to Sub-recipient are contingent upon approval of BSO and the County and shall be delayed to the extent required for; 1) BSO to secure County's approval of the payment; and 2) BSO securing payment from County to pass-through to the Sub-recipient. Invoices shall be submitted to: Norma McGraw Broward Sheriff's Office 2601 West Broward Blvd. Fort Lauderdale, Florida 33312 Norma mcgraw@sheriff.org SECTION IV: TERM Page-2-of22 ( : The term of this Agreement and the sub-award period of performance shall begin retroactive to October 1,2016 and shall end on September 30,2020. The continuation of this Agreement beyond the end of any County fiscal year is subject to the appropriation and availability of necessary funding from the JAG Program. SECTION V: GENERAL REQUIREMENTS Sub-recipient must comply with all requirements contained within the JAG Grant's special conditions attached hereto and marked as Exhibit C Award#2017-D1-BX-0823) applicable to Sub-recipient's portion of the funds. Additionally,Sub-recipient must comply with requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide), http://oip.gov/financialguide/DOJ/pdfs/2015 DOJ FinancialGuide.pdf, the Edward Byrne Memorial Justice Assistance Grant program guidance, federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: • Office of Management and Budget(OMB)Uniform Grant Guidance(2 C.F.R.§200)Subpart A Definitions,Subparts B-D Administrative Requirements,Subpart E Cost Principals,Subpart F Audit Requirements and all applicable Appendices. This guidance supersedes previous OMB Circulars and Standard Conditions and is applicable to any new sub-awards made under Federal grants awarded on or after December 26, 2014 http://www.ecfr.gov/cgi-bin/text- idx?SID=62764122c780e5dld2134127afadc30d&node=2:1.1.2.2.1&rgn=div5 • Code of Federal Regulations: www.gpo.gov/fdsys/ 2 C.F.R. § 175.15(b), "Award Term for Trafficking in Persons" 28 C.F.R. §38,"Equal Treatment of Faith-Based Organizations" 28 C.F.R.§66,"U.S.Department of Justice Common Rule for State and Local Governments" (Common Rule) 28 C.F.R. §83,"Government-Wide Requirements for Drug-Free Workplace(Grants)" 28C.F.R.§§ 18, 22,23, 30,35,42,61,and 63 • Public Law Pub. L. No. 109-162,Title XI-Department of Justice Reauthorization,Subtitle B—Improving the Department of Justice's Grant Programs,Chapter 1—Assisting Law Enforcement and Criminal Justice Agencies,Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: http://www.gpo.gov/fdsys/pkg/PLAW-109publl62/pdf/PLAW- 109pub1162.pdf. • United States Code:www.gpo.gov/fdsys/ 42 U.S.C.§§3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968." • State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: httr)://dl is.dos.state.fl.us/barm/genschedules/GS2-2008-Rev2010.r)df. Page-3-of22 I i 4 i i SECTION VI: STANDARD CONDITIONS i Sub-recipient is bound by the following standard conditions: 6.1 Payment Contingent on Appropriation and Availability of Funds—The BSO"s obligation to reimburse Sub-recipient for costs incurred under this Agreement is subject to the availability of federal funds and annual appropriation by the Board of County Commissioners of Broward County, Florida 6.2 System for Award Management(SAM)—Sub-recipient must maintain current information in SAM until it submits the financial report required under this award or receives the final payment, whichever is later. This requires the Sub-recipient to review and update the information at least annually after the initial registration, and more frequently if required by changes in its information or another award term. 6.3 Commencement of Project— If a project is not operational within 60 days after the date of full execution of this Agreement, Sub-recipient must report by letter to BSO, and to the County, if requested by the County, the steps taken to initiate the project, the reasons for delay, and the expected start date. I 6.3.1 If a project is not operational within 90 days after the date of full execution of this Agreement, the Sub-recipient must submit a second statement to BSO, and to the County, if requested by County explaining the implementation delay. 6.3.2 Upon receipt of the ninety(90)day letter,BSO and/or the County will determine if the reason for the delay isjustified or will,at BSO's and/or the County's discretion,unilaterally terminate this agreement. BSO,where warranted by extenuating circumstances and with the approval of the County, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement. 6.4 Supplanting—Sub-recipient acknowledges that funds received under this award will not be used to supplant state or local funds but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 6.5 Personnel Changes—Upon implementation of the project, in the event there is a change in Chief Officials for the Sub-recipient, implementing agency,or any contact information to include mailing address, phone number, email or title change, project staff must notify the D01 Grants Management System (GMS) help desk to update the organizational information in GMS. Project director changes require a grant adjustment in GMS. 6.6 Non-Procurement, Debarment and Suspension—Sub-recipient must comply with 2 C.F.R. § 180, "OMB Guidelines to Agencies on Government Wide Debarment and Suspension (Non- procurement)." These procedures require Sub-recipient to certify that it will not enter into any lower tiered covered transaction with a person who is debarred,suspended,declared ineligible or is voluntarily excluded from participating in this covered transaction,unless authorized by the BSO, with agreement by the County. Page-4-of 22 i 6.7 Federal Restriction on Lobbying—Sub-recipient must comply with 28 C.F.R.§69,"New Restrictions on Lobbying" and must file the most current edition of the Certification and Disclosure Form, if applicable, with each submission that initiates consideration of such Sub-recipient for award of a federal contract,grant,or cooperative agreement. In addition,the Sub-recipient must not use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or j adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the OJP. 6.8 The Coastal Barrier Resources Act—Sub-recipient must comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (Pub. L. No. 97-348) dated October 19, 1982(16 U.S.C.§§3501 et seq.)which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 6.9 Enhancement of Security-If funds are used for enhancing security,Sub-recipient must: 6.9.1 Have an adequate process to assess the impact of any enhancement of a security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. 6.9.2 Conduct such an assessment with respect to each such enhancement and submit to BSO,and to the County, if requested by the County, the aforementioned assessment in its Final Program Report. 6.10 Intentional Deleted- 6.11 Conferences and Inspection of Work-Conferences may be held at the request of any Party to this agreement. At any time,a representative of BSO,the County,the U.S.Department of Justice,or the County Auditor, have the right to visit the project site to monitor, inspect and assess activities performed under this agreement. 6.12 Insurance Requirements—Sub-recipient is an entity subject to Section 768.28, Florida Statutes, and will be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law. Sub-recipient must furnish verification of liability protection in accordance with state law prior to final execution of this agreement. SECTION VII: CIVIL RIGHTS REQUIREMENTS 7.1 Federal laws prohibit recipients of financial assistance from discriminating on the basis of race,color, national origin, religion, sex, disability,or age in federally funded programs or activities. The Sub- recipient, implementing agency, and contractors must comply with any applicable statutorily- imposed nondiscrimination requirements,which may include the Omnibus Crime Control and Safe Streets Act of 1968(42 U.S.C.§ 3789d);the Victims of Crime Act(42 U.S.C.§10604(e));The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b));the Civil Rights Act of 1964 (42 U.S.C.§2000d);the Rehabilitation Act of 1973 (29 U.S.C.§7 94);the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); and Department of Justice Page-5-of 22 Non-Discrimination Regulations 28 C.F.R. § 42; see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations). 7.2 BSO does not discriminate on the basis of race,color, religion, national origin,sex, disability,or age. Sub-recipient must notify program participants and beneficiaries that they do not discriminate on the basis of race, color, national origin, religion, sex, disability, or age in the delivery of services, benefits,or employment practices. 7.3 Sub-recipient is responsible for ensuring that contractors and agencies to whom it passes through funds are compliant with all Civil Rights requirements and that those contractors and agencies are aware that they may file a discrimination complaint with the Sub-recipient, with BSO,the County, or with the Office for Civil Rights (OCR), and how to do so. 7.4 Equal Employment Opportunity Plans 7.4.1 The Sub-recipient or implementing agency must develop EEO Plans if they have 50 or more employees and have received any single award of$25,000 or more from the Department of Justice. The plan must be prepared using the online short form at www.oip.usdoi.gov/about/ocr/eeop comply.htm, must be retained by the Sub-recipient or implementing agency,and must be available for review and audit. The organization must also submit an EEO Certification to BSO and to the County, if requested by the County. 7.4.2 If the Sub-recipient or implementing agency is required to prepare an EEO Plan and has received any single award of$500,000 or more from the DOJ, it must submit its plan to the DOJ for approval. A copy of the DOJ approval letter must be submitted to BSO and the County, if requested by the County. The approval letter expires two years from the date of the letter. 7.4.3 The Sub-recipient or implementing agency is exempt from the EEO Plan requirement if it has fewer than 50 employees; does not receive any single award of$25,000 or more from the DOJ;or is a nonprofit organization,a medical or educational institution,or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification of Exemption to BSO and to the County, if requested by County. 7.4.4 The Sub-recipient and implementing agency acknowledge that failure to comply with EEO requirements within 60 days of the project start date may result in suspension or termination of funding,until such time as it is in compliance. 7.5 Americans with Disabilities Act—Sub-recipient must comply with the requirements of the Americans with Disabilities Act(ADA)(Pub.L.No.101-336),which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 1), state and local government services, and transportation (Title II), public accommodations(Title III),and telecommunications(Title IV). 7.6 Rehabilitation Act of 1973(28 C.F.R.§42(G))-If Sub-recipient has 50 or more employees and receives Page-6-of 22 t DOJ funding of$25,000 or more,it must take the following actions: 7.6.1 Adopt grievance procedures that incorporate due process standards and provide for the prompt and equitable resolution of complaints alleging a violation of DOJ regulations implementing Section 504 of the Rehabilitation Act of 1973,found at 28 C.F.R.§42(G),which prohibits discrimination on the basis of a disability in employment practices and the delivery of services. 7.6.2 Designate a person to coordinate compliance with the prohibitions against disability discrimination contained in 28 C.F.R. §42(G). 7.6.3 Notify participants, beneficiaries,employees,applicants,and others that the Sub-recipient or implementing agency does not discriminate on the basis of disability. 7.7 Limited English Proficiency(LEP) - In accordance with DOJ Guidance pertaining to Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at www.lep.gov. BSO strongly encourages Sub- recipient to have a written LEP Language Access Plan. 7.8 Immigration and Nationality Act-No federal funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C.§ 1324a(e),Section 274A(e)of the Immigration and Nationality Act ("INA"). BSO and the County will consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub-recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by BSO. SECTION Vill: FINANCIAL REQUIREMENTS AND RESPONSIBILITIES 8.1 Fiscal Control and Fund Accounting Procedures 8.1.1 All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common rule, and OMB Uniform Grant Guidance (2 C.F.R. § 200) as applicable,in their entirety. 8.1.2 Sub-recipient must have written procedures for procurement transactions. Procedures must ensure that all solicitations follow 2 C.F.R. § 200.319 Competition. The Sub-recipient is required to establish and maintain adequate accounting systems and financial records and I to accurately account for funds awarded to them. Sub-recipient must have financial management systems in place that are able to record and report on the receipt, obligation, and expenditure of grant funds.An adequate accounting system for a Sub-recipient must be able to accommodate a fund and account structure to separately track receipts, Page-7-of22 ( expenditures, assets,and liabilities for awards, programs,and sub-recipients. 8.1.3 All funds spent on this project must be disbursed according to provisions of the project budget as approved in the JAG sub-award. SECTION IX: SUBAWARD MANAGEMENT AND REPORTING REQUIREMENTS 9.1 Obligation of Sub-recipient Funds—Sub-award funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the period of performance. Only project costs incurred on or after the effective date and on or prior to the termination date of the Sub-recipient's project is eligible for reimbursement. All payments must be completed within thirty (30)days of the end of the sub-award period of performance. 9.2 Performance 9.2.1 Sub-award Performance -The Sub-recipient must comply with state and federal requirements for sub-award performance under 2 C.F.R. §§ 200.76 and 200.77. The sub-award must describe the timing and scope of expected performance as related to the outcomes intended to be achieved by the project activities. Where appropriate, the sub-award should provide specific performance goals,indicators, milestones,or expected outcomes(such as outputs,or activities completed or public impacts of any of these) with an expected timeline for accomplishment.Submitted programmatic reports must clearly articulate,where appropriate, performance during the execution of the award has met a standard against which the Sub- recipient's performance can be measured.These requirements should be aligned with agency strategic goals,strategic objectives,or performance goals that are relevant to the program. 9.2.2 Performance of Agreement Provisions-In the event of default; non-compliance;or violation of any provision of this Agreement by the Sub-recipient, the Sub-recipient's consultants and suppliers, or both, B S O may impose sanctions it deems appropriate or BSO shall impose sanctions required by County against Sub-recipient, including withholding payments, cancellation, termination, or suspension of this Agreement in whole or in part. In such event, BSO will notify the Sub-recipient of its decision thirty(30)days in advance of the effective date of such sanction. The Sub-recipient will be reimbursed only for those activities satisfactorily completed prior to the effective date of such sanction. 9.2.3 Reports—Sub-recipient must submit Monthly Project Performance Reports to BSO and to the County, if requested by the County, within fifteen (15) days after the end of the reporting period. In addition, if the sub-award period is extended beyond the"original" project period, additional Monthly Project Performance Reports must be submitted. 9.2.3.1 Report Contents: Performance Reports must include to the status of all objectives included in the sub-award. A detailed response is required in the narrative portion i for yes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. Additional information may Page-8-of 22 f be required if necessity to comply with federal reporting requirements. 9.2.3.2 Submission Process, Frequency and Format: Performance Reports may be submitted by the Sub-recipient's representative and Performance Reports must be submitted quarterly titled General Information Module, Goals and Objectives Module, Activity/Program Selection Module and Law Enforcement Module in a format required by BSO,County and/or DOJ. 9.3 Financial Expenditure Reports 9.3.1 Sub-recipient must submit a Monthly Project Expenditure Report to BSO, and to the County, if requested by the County. 9.3.2 All project expenditures for reimbursement of Sub-recipient costs must be submitted on BSO Expenditure Report, and if requested by County, submitted on County's Expenditure Report Forms. 9.3.3 All Project Expenditure Reports must be submitted in sufficient detail for proper pre-audit and post-audit. 9.3.4 Before the"final" Project Expenditure Report will be processed,Sub-recipient must submit to B S 0 , a n d t o the County, if requested by the County, all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions may result in forfeiture of reimbursement. 9.3.5 Reports are to be submitted even when no reimbursement is being requested. 9.3.6 Reports must be electronically signed by the Sub-recipient or implementing agency's Chief Financial Officer or the Chief Financial Officer's designee. 9.4 Other Reports—Sub-recipient must submit the Uniform Crime Report and other reports as may be reasonably required by BSO,and to the County, if requested by the County. SECTION X: MONITORING AND AUDITS 10.1 Access to Records-BSO, the County, U.S. Department of Justice, U.S. Comptroller General or any of their duly authorized representatives, must have access to books,documents,papers and records of the Sub-recipient, implementing agency, and contractors, related to the sub-award, for the purpose of audit and examination according to the Financial Guide and the Common Rule. BSO reserves the right to unilaterally terminate this Agreement if the Sub-recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Section 119, Florida Statutes,unless specifically exempted and/or made confidential by operation of Section 119, Florida. Statutes, and made or received by the Sub- recipient or its contractor in conjunction with this Agreement. Page-9-of 22 i i f i i I 10.2 Monitoring—Sub-recipient must comply with BSO'S and the County's grant monitoring guidelines, protocols, and procedures; and cooperate with BSO and the County on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, site visits, contract reviews and audits. Sub-recipient must provide all documentation necessary to complete monitoring of the sub-award and verify expenditures. Further, Sub-recipient must abide by reasonable deadlines set by BSO and the County for providing requested documents. Failure to cooperate with grant monitoring activities may result in sanctions affecting the Sub-recipient's sub- award, including, but not limited to: withholding and/or other restrictions on the Sub-recipient's access to funds, referral to the County Auditor for audit review,designation of the Sub-recipient as a High-Risk grantee,or termination of award(s). 10.3 Property Management—Sub-recipient must establish and administer a system to protect,preserve, use, maintain, and dispose of any property furnished to it by BSO and the County or purchased pursuant to this Agreement consistent with federal property management standards set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, or 2 C.F.R. § 200,as applicable. This obligation continues as long as the Sub-recipient retains the property, notwithstanding expiration of this Agreement. 10.3.1 Property Use—Sub-recipient must use equipment acquired under a Federal award for the authorized purposes of the project during the period of performance, or until the property is no longer needed. Sub-recipient must use, manage,and dispose of equipment acquired under a Federal award in accordance with 2 C.F.R.§200.313,"Equipment". 10.4 High Risk Sub-recipients—Sub-recipient must comply with any additional requirements that may be imposed during the grant performance period if BSO,County or the DOJ determines the Sub- recipient is a high-risk grantee.Cf.28 C.F.R. §§66,70. 10.7 Reporting, Data Collection and Evaluation —Sub-recipient must comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for JAG. Compliance with these requirements will be monitored by BSO and/or i the County. 10.8 Retention of Records—Sub-recipient must maintain all records for a minimum of five (5) years from the date of the financial statement and such records must be available for audit and public disclosure upon request. Sub-recipient must comply with State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: http://dos.myflorida.com/media/693574/general-records-schedulegs01-sl.pdf f http://dos.myflorida.com/media/693578/gs02.pdf. fI 10.9 Single Annual Audit 10.9.1 A Sub-recipient that expends $750,000 or more in a year in federal awards must have a f single audit or program-specific audit conducted for that year. The audit must be I Page-l0-of22 j I i i i I i f performed in accordance with 2 C.F.R. § 200(F) Audit Requirements and other applicable federal law. This Agreement must be identified in the Schedule of Federal Financial Assistance in the subject audit. The audit report must be identified as federal funds passed through BSO and the County and include the contract number, award amount, contract period,funds received,and funds disbursed. { i 10.9.2 A complete audit report that covers any portion of the effective dates of this Agreement i must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report must include any management letters issued separately and management's written response to all findings, including audit report and management letter findings. Incomplete audit reports will not I be accepted by BSO or the County. i 10.9.3 Audits must be completed by an Independent Public Accountant (IPA) and according to Generally Accepted Government Auditing Standards (GAGAS). The IPA must be either a Certified Public Accountant or a licensed Public Accountant. Sub-recipient must procure audit activities according to 2 C.F.R. § 200.509 and include clear objectives and scope of i the audit in addition to peer review reports to strengthen audit quality and ensure effective j use of audit resources. i 10.9.4 Sub-recipient must promptly follow-up and take appropriate corrective action for any findings on the audit report in instances of noncompliance with federal laws and regulations, including but not limited to preparation of a summary schedule of prior audit findings and a corrective action plan. Sub-recipient follow-up to audit findings must abide by requirements in 2 C.F.R.§200.511. 10.9.5 Sub-recipient must make copies available for public inspection and ensure respective parts of the reporting package do not include protected personally identifiable information. Records must be made available upon request for a period of three(3)years from the date the audit report is issued,unless extended in writing by BSO and the County. A Sub-recipient that expends less than $750,000 in federal awards during a fiscal year are exempt from the audit requirements of 2 C.F.R. § 200(F)for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form,must be provided to BSO and to the County by the Chief Financial Officer,or designee, that the Sub-recipient is exempt. This notice must be provided to BSO and the County no later than June 30 following the end of the fiscal year. 10.9.6 If this Agreement is closed without an audit, BSO and the County reserves the right to j recover any disallowed costs identified in an audit completed after such closeout. !{ r 10.9.7 The Federal Audit Clearinghouse is the repository of record for 2 C.F.R. § 200(F). Audits performed as a result of this requirement must be completed and submitted to the Federal Audit Clearinghouse within the earlier of thirty (30) calendar days after receipt of the auditor's report(s),or nine(9)months afterthe end of the audit period. Submissions must i Page-11-of22 i include required elements described in Appendix X to Part 200 on the specified Data Collection Form (Form SF-SAC) and be signed by a senior level representative or chief official of the auditee. t 10.10 Assignment-BSO may assign this Agreement to the County with notice to Sub-recipient and County,so long as County agrees to perform BSO's obligations and duties upon the same terms I and conditions contained here. (The remainder of this page is intentionally left blank.) Page-12-of22 IN WITNESS WHEREOF,the Parties hereto have made and executed this Agreement: i AGREEMENT BETWEEN BROWARD COUNTY AND SUB-RECIPIENT FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM SCOTT J. ISRAEL,AS SHERIFF OF BROWARD COUNTY FLORIDA I By: Colonel Tom Harrington, Executive Director-Department of Administration day of ,20 Approved as to form &legal sufficiency subject to the execution by the parties By: Ronald M.Gunzburger General Counsel/ Executive Director Broward Sheriff's Office Date: Page-13-of 22 I F i {8 i AGREEMENT BETWEEN BROWARD COUNTY AND SUB-RECIPIENT FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM SUB-RECIPIENT CITY of City of DANIA BEACH By. f i Page-14-of 22 EXHIBIT A Proiect Description Seventeen cities within Broward County will benefit from the grant award which will provide a range of criminal justice related activities that will assist local law enforcement efforts and local initiatives to include:technology improvement programs, personnel, equipment,and training. The goal of the project is to utilize funds designated for County municipalities to deter crime and increase public safety. The Sub-recipient's project is generally described as: The Broward County Sheriffs Office Dania Beach District will utilize awarded JAG Funds for overtime expenses related to an Auto Theft,Juvenile Offender Prevention Initiative and Crime Analyst Retention Project. These funds will allow the Dania Beach District to conduct plainclothes and unmarked surveillance in locations that are experiencing an increase in Auto Theft 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. The Juvenille Offender Prevention aspect of the initiative will consist of Dania Beach detectives monitoring known juvenile offenders by conducting house checks and parental contacts. The end result of this initiative is expected to show a reduction in Auto Theft crimes as well as a reduction in juveniles committing additional offenses. Page-15-of22 e I I 1 i EXHIBIT B I 2017 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM BUDGET ACCOUNT CATEGORY BUDGETED AMOUNT Personnel $2,837.00 Fringe Benefits $1,270.00 Equipment $0 Supplies $0 Training $0 Other $0 Indirect cost $0 Administrative Fees Total Sub-award to Sub- $4,107.09 recipient SUBRECIPIENT'S BUDGET NARRATIVE A. PERSONNEL- $2,837.00 Deputies will work Overtime to conduct surveillance of targeted businesses, hotels and residences in the city of Dania Beach experiencing an increase of auto theft. Additionally, JAG funds will be utilized for Deputies who work Overtime to monitor the activity of juvenile i offenders who reside in the city. Approximately, 41.72 hours will be used for the life of the project. f B. FRINGE BENEFITS - $1,270.00 It is customary to cover basic benefit plan for Deputies working on this project which includes FICA at 7.65% and Special Retirement at 23.27% which are the Florida Department of Management Services Division of Retirement percentage rate. C. TRAVEL - There is NO travel expenses charged to this project. D. EQUIPMENT - There is NO equipment expenses charged to this project. E. SUPPLIES - There is NO supply expenses charged to this project. F. CONSTRUCTION - " This is not an ALLLOWABLE expense. G. CONSULTANTS/CONTRACTS - There is NO Consultant/Contractor expenses charged to this project. Page-16-of 22 E i I H. OTHER - $8,595.00 The city of Dania Beach has agreed to contribute to the Regional Crime Analyst Retention Project ($7,500.00) and donate 8.62% ($1,095.00) of its award to manage this award. I. INDIRECT COSTS - There is NO Indirect expenses charged to this project. Page-17-of22 SUBGRANT AWARD CERTIFICATE Sub-recipient's Name: City of DANIA BEACH DUNS No.098525728 Federal Award Date: 06/26/2018 Project Title: 2017 Byrne JAG Grant Sub-award Period of Performance Start Date: 12/1/2018 End Date:09/30/2020 Grant Number: 2017-DJ-BX-0823 i Federal Award Identification No.:2017-DJ-BX-0823 Federal Funds: $4,104.09 Federal award project period: 10/01/2016 to 9/30/2020 Federal award project description: The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government,including tribes,to support a broad range of criminal justice related activities based on their own state and local needs and conditions.Grant funds can be used for state and local initiatives,technical E assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose 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); and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams. Name of the Federal Awarding Agency: Department of Justice Pass-through entity: Broward County. Florida and the Broward Sheriff's Office Contact information for the awarding official: Norma McGraw Broward Sheriff's Office 2601 West Broward Blvd. Fort Lauderdale, Florida 33312 Norma McGraw@sheriff.orp, Is the Award for Research and Development(R&D)? No Indirect cost rate for the Federal award: N/A CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a sub-grant under Part E of Page-18-of22 4 Title I of the Omnibus Crime Control and Safe Streets Act of 1968 as amended Subpart Iofsuch part(42 U.S.C.3751-3759);the Consolidated Appropriations Act,2008,Public Law 110-161;and Public Law 109- 162,Title XI,Department of Justice Reauthorization,Subtitle B,Improving the Department of Justice's Grant Programs, Chapter 1, Assisting Law Enforcement and Criminal Justice Agencies,Section 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program, to the above mentioned sub-grantee and subject toanyattachedorspecial conditions. This award is subject to all applicable rules,regulations,and conditions as contained inthe Office of Justice Programs(OJP) Financial Guide,Common Rule for State and Local Governments,or OMB Uniform Grant Guidance (2 CFR Part 200),in their entirety. It is also subject to the attached standard conditions and such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351,as amended,and P.L. 100- 690. This award is a cost-reimbursement agreement for satisfactory performance of eligible activities, Requests for reimbursement may be submitted quarterly or monthly as designated in the Financial Section of the agreement.Requestsforreimbursementwill beprocessed inconjunctionwith receipt and review of programmatic performance reports to determine successful completion of minimum performance for deliverables.Expenditures must be supportedwith documentation andverified during annual monitoring. Failure to comply with provisions of this Agreement,or failure to meet minimum performance specified in the Agreement will result in required corrective action up to and including project costs being disallowed, withholding of federal funds and/or termination of the project, as specified within the terms of the Agreement and OMB Uniform Guidance 200.338-200.342. This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award,a properly executed Certificate of Acceptance of Sub-grant Award is returned to the BSO. Sub4ecipient:City of DANIA BEACH By: Department of day of ,20_ Date of Acceptance Page-19-of 22 ( i CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The Sub-recipient through its authorized representative,acknowledges receipt and acceptance of sub-grant award number 2017-Dl-BX-0823-01,intheamountof 4107.09forthe description of the project submitted by Sub-recipient in this grant application, for the period of 12/1/2018 through 09/30/2020,to be implemented in accordance with the approved sub-grant application,and subject to the BSO & County's Standard Conditions and any special conditions governing this sub-grant. This sub-award requires that the Sub-recipient adhere to the following; No recipient or Sub-recipient,or entity that receives a contract or subcontract with any funds under this f award,may require any employee or contractor to sign an internal confidentiality agreement or statement i that prohibits or otherwise restricts, or purports to restrict, the reporting of waste, fraud or abuse in accordance with the law to a department or agency authorized to receive such information. This is not intended to contravene requirements applicable to classified,sensitive orexempt information. In accepting this award, the Sub-grantee certifies that it neither requires nor has required employees or contractorsto sign such internal confidentiality agreements or statements. The Sub-recipient undertakes a review to validate itscompliance with 8 U.S.C.§ 1373. If determined to be in compliance atthe time of review,the Sub-recipient must submit documentation that contains a validation to that effect and includes an official legal opinion from counsel (including related legal analysis) adequately supportingthe validation. If the Sub-recipient determines it is not in compliance at the time of review, sufficient and effective steps must be taken to bring itself into compliance. They will thereafter submit documentation that details the steps taken, which will contain a validation that it has come into compliance and includes an official legal opinion from counsel(including related legal analysis), I i a i Sub-recipient: City of DANIA BEACH By: 6 i Department of E day of ,20_ i f Page-20-of22 I t i ATTESTATIONS AND CERTIFICATIONS This form is required to be completed by the authorized official,or authorized official designee,of all Sub-grantee units of government receiving Edward Byrne Memorial Justice Assistance Grant (JAG) program federal pass- through funding from Broward County,through BSO. In accepting this award,the sub-grantee certifies that it will comply with the requirements set forth below and/or any other requirements of the sub-award. Failure to do so may result in hold or freeze on the drawdown of federal funds,and/or suspension or termination of the Agreement. Procurement Standards: The Sub-grantee,through its authorized representative,certifies the unit of government below has written procurement policies and standards that are compliant with the requirements set forth in the Office of Management and Budget (OMB) Uniform Requirements,2 C.F.R. §§200.317-326, and OJP Financial Guide,Section 3.8.Additbnally,the Sub-grantee assures these policies and standards will be utilized for all federal grant related procurement activities Conflict of interest: Decisions related to use of these grant funds must be free of undisclosed personal organizational conflicts of interest,both in fact and in appearance. The sub-grantee,through its authorized representative,certifies that the unit of government below is compliant with OMS Uniform Requirements, 2C.F.R. §200.112,and OJP Financial Guide Section 3.21 regarding Conflict of Interest, and will notify BSO, in writing of any potential conflicts of interest in accordance with this Agreement. The recipient must disclose in a timely manner, in writing,all violation of state or federal criminal law involving fraud, bribery, or gratuity violations. Organization Name: City of DANIA BEACH By: Department of day of 20_ Page-21-of 22 ) { f i EXHIBIT C E Grant Award and Special Conditions I E i I s B I Page-22-of 22 yi Exhibit C. U.S.Department of Justice Office of Justice Programs Office of the Assistant Attorney General Washingron.D.C. 20531 June 26,2018 Mrs.Bertha Henry Broward County 115 S.Andrews Avenue Ft.Lauderdale,FL 33301 Dear Mrs.Henry: On behalfof Attorney General Jefferson Sessions III,it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 17 Edward Byrne Memorial Justice Assistance Grant(JAG)Program- Local Solicitation in the amount of$522,735 for Broward County. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim audit findings,and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award,please contact: - Program Questions,Tamaro T.White,Program Manager at(202)353-3503;and - Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at (800)458-0786,or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations,and we look forward to working with you. Sincerely, U04� Alan R.Hanson Principal Deputy Assistant Attorney General Enclosures �1. OFFICE FOR CIVIL RIGHTS Office of Justice Programs U.S.Department of Justice 810 7th Street,NW Washington,DC 20531 Tel:(202)307-0690 TTY:(202)307-2027 E-mail:askOCR@usdoj.gov Website:www.ojp.usdoj.gov/ocr June 26,2018 Mrs.Bertha Henry Broward County It 5 S.Andrews Avenue Ft.Lauderdale,FL 33301 Dear Mrs.Henry: Congratulations on your recent award. In establishing financial assistance programs,Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights(OCR),Office of Justice Programs(OJP),U.S.Department of Justice (DOJ)is responsible for ensuring that recipients of financial assistance from the OJP,the Office of Community Oriented Policing Services (COPS),and the Office on Violence Against Women(OVW)comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race,color,national origin, religion,sex,or disability in funded programs or activities,not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013,President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994(VAWA)by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race,color,national origin,religion,sex,disability,sexual orientation,or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1,2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at http://ojp.gov/abouttocr/vawafhgs.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance,regardless of the particular funding source,the amount of the grant award,or the number of employees in the workforce,are subject to prohibitions against unlawful discrimination. Accordingly,the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition,based on regulatory criteria,the OCR selects a number ofre6pients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. i S Providing Services to Limited English Proficiency(LEP)Individuals In accordance with DOI guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C.§2000d,recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency(LEP). See U.S.Department of Justice,Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons,67 Fed.Reg.41,455(2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals,please see the website ! http://www.lep.gov. i Ensuring Equal Treatment for Faith-Based Organizations The DOI regulation,Equal Treatment for Faith-Based Organizations,28 C.P.R.pt.38,requires State Administering Agencies(SAAs)to E treat faith-based organizations the same as any other applicant or recipient. The regulation prohibits SAAs from making awards or grant administration decisions on the basis of an organization's religious character or affiliation,religious name,or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the DOI to fund inherently(or explicitly) religious activities. While faith-based organizations can engage in non-funded inherently religious activities,they must hold them separately from the program funded by the DOI,and recipients cannot compel beneficiaries to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the DOI are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation,please seethe OCR's website at http://wNvw.ojp.usdoj.gov/about/ocr/equal_fbo.htm. SAAs and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1969,as amended,42 U.S.C.§3789d(c);the Victims of Crime Act of 1984,as amended,42 U.S.C.§10604(e);the Juvenile Justice and Delinquency Prevention Act of 1974,as amended,42 U.S.C.§5672(b);and VAWA,Pub.L.No.113-4,sec.3(b)(4),127 Stat.54,61-62(to be codified at 42 U.S.C.§ 13925(b)(13))contain prohibitions against discrimination on the basis ofreligion in employment. Despite these nondiscrimination provisions,the DO1 has concluded that it may construe the Religious Freedom Restoration Act(RFRA)on a case-by- case basis to permit some faith-based organizations to receive DOI funds while taking into account religion when hiring staff,even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records In Making Employment Decisions # The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions_ See Advisory for Recipients of Financial Assistance from the U.S.Department of Justice on the U.S.Equal Employment Opportunity Commission's Enforcement Guidance:Consideration of Arrest and Conviction Records in Employment Decisions Under Title V11 of the Civil Rights Act of 1964(June 2013),available at http:/hvww.ojp.usdoj.gov//about/ocr/pdfs/UscofConviction_Adviscry.pdf. Recipients should be mindful that the misuse of attest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin,resulting in unlawful employment discrimination. In light ofthe Advisory,recipients should consult local counsel in reviewing their employment practices. Ifwarrantcd,recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans(EEOPs)(see below). Complying with the Safe Streets Act i An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act,must meet two obligations:(1)complying with the federal regulation pertaining to the development of an EEOP(see 28 C.F.R.pt.42,subpt.E)and(2) i submitting to the OCR findings of discrimination(see 28 C.F.R.§§42.204(c),.205(c)(5)). s I f P Meeting the EEOP Requirement If your organization has less than fifty employees or receives an award of less than$25,000 or is a nonprofit organization,a medical institution,an educational institution,or an Indian tribe,then it is exempt from the EEOP requirement. To claim the exemption,your organization must complete and submit Section A of the Certification Form,which is available online at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. If your organization is a government agency or private business and receives an award of$25,000 or more,but less than$500,000,and has fifty or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare a Utilization Report(formerly called an EEOP Short Form),but it does not have to submit the report to the OCR for review. Instead,your organization has to maintain the Utilization Report on file and make it available for review on request. In addition,your organization has to complete Section B of the Certification Form and return it to the OCR. The Certification Form is available at s http://www.ojp.usdoj.gov/4bout/ocr/pdfs/cert,pdf. if your organization is a government agency or private business and has received an award for$500,000 or more and has fifty or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare a Utilization Report (formerly called an EEOP Short Form)and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report,please consult the OCR's webaite at http://www.ojp.usdoj.gov/about/ocr/eeop.htm. In addition,your organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/abouttoer/pdf.q/ceri.pdf. To comply with the EEOP requirements,you may request technical assistance from an EEOP specialist at the OCR by telephone at(202) 307-0690,by TTY at(202)307-2027,or by e-mail at EEOsubmisson®usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award,your organization has received an adverse Finding of discrimination based on race, color,national origin,religion,or sex,after a due-process hearing,from a state or federal court or from a state or federal administrative agency,your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAM must have standard assurances to notify subrecipients of their civil rights obligations,written procedures to address discrimination complaints filed against subrecipients,methods to monitor subrecipients'compliance with civil rights requirements,and a program to train subrecipients on applicable civil rights laws. In addition,SAAs must submit to the OCR every three years written Methods of Administration(MOA)that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement,see http://www.ojp.usdoj.gov/fundinglother_requirements.htm. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance,please contact us. f E Sincerely, 7M - a Michael L.Alston Director cc: Grant Manager Financial Analyst i r U.S.Department of Justice Office of Justice Programs i Bureau of Justice Assistance Grant PAGE I of u I.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2017-DJ-BX-0823 Broward County I15 S.Androws Avenue 5.PROJECT PERIOD:FROM 1010 V2016 TO 09/30/2020 ! FL Lauderdale,FL 33301 BUDGEI'PERIOD:FROM 10/01/2016 TO 09/30/2020 , s 6.AWARD DATE 06/26/2018 7.ACTION 2a.GRANTEE IRSfVENDOR NO. 8.SUPPLEMENT NUMBER Initial S96000531 ! 00 2b.GRANTEE DUNS NO. - 144668584 9.PREVIOUS AWARD.AMOUNT So 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD S 522,735 2017 BYRNE-JAG GRANT 11,TOTAL AWARD S 522,735 i 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT I'O SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13.STATUTORY AUTHORITY FOR GRANT This project is supported under FYI 7(BJA-JAG State and JAG Local)Title I of Pub.L,No.90-351(genemily codified at 42 U.S.C.3711-3797ff-5), including subpart I or part E(codified at 42 U.S.C.3750-3758);see also 28 U.S.C.530C(a). 14,CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number) 16.738-Edward Byme Memorial Justice Assistance Grant Program 15.METHOD OF PAYMENT GPRS I AGENCY APPROVAL -.- GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Alan R.Hanson Bertba Henry County Administrator Principal Deputy Assistant Attorney General 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A,DATE AGENCY USE ONLY 20-ACCOUNTING CLASSIFICATION CODES 2t. SDJUG110875 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 522735 DIP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJ P FORM 400012(REV,4-88) fiHFt' 4' U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 OF 21 Grant PROJECTNUMBER 2017-DJ-BX-0823 AWARD DATE 06/26/2018 SPECIAL CONDITIONS I. 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 certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements--whether a condition set out in full below,a condition incorporated by reference below,or a certification or assurance related to conduct during the award period-- may result in the Office of Justice Programs("ON")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. The Department of Justice("DOJ"),including OJP,also may take other legal action as appropriate. Any materially false,fictitious,or fraudulent statement to the federal govemment related to this award(or concealment or omission of a material fact)may be the subject of criminal prosecution(including under 18 U.S.C.1001 and/or 1621, and/or 42 U.S.C.3795a),and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise(including under 31 U.S.C.3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be hold,instead,that the provision is utterly invalid or-unenforceable,such provision shall be deemed severable from this award. 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted and supplemented by DOJ in 2 C.F.R.Part 2800(together,the'Part 200 Uniform Requirements")apply to this FY 2017 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If this FY 2017 award supplements funds previously awarded by OJP under the same award number(e.g.,bands awarded during or before December 2014),the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date,and regardless of whether derived from the initial award or a supplemental award)that are obligated on or after the acceptance date of this FY 2017 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"),see the OJP website at https:/Iojp.gov/fundingIPart200UnifortnRequirements.htm. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the recipient is to contact OR promptly for clarification. 3. Compliance with DOJ Grants Financial Guide The recipient agrees to comply with the DOJ Grants Financial Guide as posted on the OJP website(currently,the"2015 DOJ Grants Financial Guide"available at https://ojp.gov/financialguide/DOJ/indcx.htm),including any updated version that may be posted during the period of performance. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION " Bureau of Justice Assistance SHEET PACE 3 OF 21 J Grant PROJECT NUMBER 2017-DI-BX-0823 AWARD DATE 0 612 6/20 1 8 SPECIAL CONDITIONS 4. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully completed an"OJP financial management and grant administration training"by 120 days after the date of the recipient's acceptance of the award. Successfud completion of such a training on or after January 1,2015,will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or FPOC must have successfully completed an"OJP financial management and grant administration training"by 120 calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful completion of such a training on or after January 1,2015,will satisfy this condition. A list of OJP trainings that OR will consider"OJP financial management and grant administration training"for purposes of this condition is available at https://www.ojp.gov/training/fints.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold("freeze")award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OR to impose additional appropriate conditions on this award. 5. Requirements related to Me minimis"indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the"de minimis" indirect cost rate described in 2 C.F.R.200.414(f),and that elects to use the"de minimis"indirect cost rate,must advise OJP in writing ofboth its eligibility and its election,and must comply with all associated requirements in the Part 200 Uniform Requirements. The"de minimis"rate may be applied only to modified total direct costs(MTDC)as defined by the Part 200 Uniform Requirements. 6. 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 tbderal funds during the period of performance for this award,the recipient promptly must determine whether funds from any of those other federal awards have been,are being,or are to be used(in whole or in part)for one or more of the identical cost items for which funds are provided under this award. If so,the recipient must promptly notify the DOJ awarding agency(OJP or OVW,as appropriate)in writing of the potential duplication,and,if so requested by the DOJ awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. OJP FORM 400012(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION }+ t Bureau of Justice Assistance SHEET PACE 4 OF 21 Grant PROJECTNUMBER 2017-DJ-BX-0823 AWARD DATE 0 6/2612 0 1 8 SPECIAL CONDITIONS 7. 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), I currently accessible at htos://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•'7,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 Mips://ojp.gov/funding/Explore/SAM.htzn(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). 8. 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. 9. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed$150,000 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,$150,000). This condition applies to agreements that--for purposes of federal grants administrative requirements--OR 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 DIP web site at hops://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$150,000)),and are incorporated by reference here. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 OF 2t Grant PROJECT NUMBER 2017-DJ-BX-0823 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 10. 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 ofthe recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.goy/funding/Explore/PrehibitedConduct-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. 11. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and other events The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations, policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ), including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences. Information on the pertinent DOJ definition ofcouferences and the rules applicable to this award appears in the DOJ Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"2015 DOJ Grants Financial Guide"). 12. Requitement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award j The data must be provided to OJP in the manner(including within the timeframes)specified by OJP in the program 9 solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,and other applicable laws, 13. OJP Training Guiding Principles Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier--develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/ojptrainingguidingprinciples.htm. 14- Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency(O.IP or OVW,as appropriate)may withhold award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits, investigations,or reviews of DOJ awards. 15. 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 ofperformance for this award,if the recipient is designated as"high- risk"for purposes of the DOJ high-risk grantee list. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION i / Bureau of Justice Assistance SHEET PACE 6 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0823 AWARD DATE 0626/2018 SPECIAL CONDITIONS 16. Compliance with DOI regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 42 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R.Part 42 that relate to an equal employment opportunity program. 17. Compliance with DOI regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 54 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs." 18. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 38 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 38,specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28 C.F.R.,a DOJ regulation,was amended effective May 4,2016. Among other things,28 C.F.R.Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient("subgrantee")organizations that engage in or conduct explicitly religious activities,as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of the regulation,now entitled"Partnerships with Faith-Based and Other Neighborhood Organizations,"is available via the Electronic Code of Federal Regulations(currently accessible at https://www.eefr.gov/cgi- bin/ECFR?page=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part 38,under a-CFR"current" data. 19. Restrictions on"lobbying" In general,as a matter of federal law,federal funds awarded by OJP may not be used by the recipient,or any subrecipient("subgrantce")at any tier,either directly or indirectly,to support or oppose the enactment,repeal, modification,or adoption of any law,regulation,or policy,at any level of government. See 18 U.S.C.1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be i barred by law.) Another federal law generally prohibits federal funds awarded by DIP from being used by the recipient,or any subrecipient at any tier,to pay any person to influence(or attempt to influence)a federal agency,a Member of Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or cooperative agreement,subgrant,contract,subcontract,or loan,or with respect to actions such as renewing,extending, or modifying any such award. See 31 U.S.C.1352. Certain exceptions to this law apply,including an exception that applies to Indian tribes and tribal organizations. 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 OR for guidance,and may not proceed without the express prior written approval of OJP. OR FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION t r Bureau of Justice Assistance SHEET PAGE 7 OF 21 Grant PROJECTNUMBER 2017•DJ-BX-0823 AWARD DATE 0 612 6/20 1 8 SPECIAL CONDITIONS 20. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2017) The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions,including from various"general provisions"in the Consolidated Appropriations Act,2017,are set out at https:/Iojp.gov/funding/Explore/FY17AppropriationsRestrictions.htm,and are incorporated by reference here. q 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 OR for guidance,and may not proceed without the express prior written approval of OJP. 21. Reporting potential fraud,waste,and abuse,and similar misconduct The recipient,and any subrecipicnts("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)mail directed to:Office of the Inspector General,U.S.Department of Justice,Investigations Division, 950 Pennsylvania Avenue,N.W.Room 47K Washington,DC 20530;(2)e-mail to:oig.hotline©usdoj.gov;and/or(3) the DOJ OIG hotline:(contact information in English and Spanish)at(800)869-4499(phone)or(202)616-9881 (fax). Additional information is available from the DOJ OIG website at https://www.usdoj.gov/oig. i i i i i g�g i E F OJP FORM 4000/2(REV.488) 6 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION t Bureau of Justice Assistance SHEET PAGE 8 OF 21 t , Grant PROJECTNUMBER 2017-DJ-BX-0823 AWARD DATE 06/2 6120 1 8 SPECIAL CONDITIONS 22. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient("subgrantee")under this award,or entity that receives a procurement contract or subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended,and shall not be understood by the agency making this award,to contravene requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to sensitive compartmented information),or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award,the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,fraud,or abuse as described above;and b. certifies that,if it teams or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud, or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt ° written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards("subgrants'l,procurement contracts,or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward("subgrane'),procurement contract,or subcontract under a procurement contract)either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste, fraud,or abuse as described above;and (2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation;and b. it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting ofwaste,fraud,or abuse as described above,it will immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. OJP FORM 400012(REV,4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION i Bureau of Justice Assistance SHEET PAGE 9 OF 21 Grant PROJECTNUMBER 2017-DJ-BX-0823 AWARD DATE 0612612018 SPECIAL CONDITIONS 23. Compliance with 41 U.S.C.4712(including prohibitions on reprisal;notice to employees) The recipient(and any subrecipient at any tier)must comply with,and is subject to,all applicable provisions of 41 U.S.C.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an i employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a gross waste of federal funds,an abuse or authority relating to a federal grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal grant. The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of employee rights and remedies under 41 U.S.C.4712. Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to contact the DOJ awarding agency(OJP or OVW,as appropriate)for guidance. 24. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg. 51225(October 1,2009),DOJ encourages recipients and subrecipients("subgrantees")to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 25. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines,protocols,and procedures,and to cooperate with OJP(including the grant manager for this award and the Office of Chief Financial Officer(OCFO))requests related to such monitoring,including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks,including documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards,including,but not limited to:withholdings and/or other restrictions on the recipient's access to award funds;referral to the DOJ O[G for audit review;designation of the recipient as a DOJ High Risk grantee;or termination of an award(s). 26. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards("subgrants")of$25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives or the recipient and first-tier subrecipients(Erst-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$25,000,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). OJP FORM 400012(REV.4-98) ' I i e U.S.Department of Justice � Office ofJustice Programs AWARDCONTINUAT[ON Bureau of Justice Assistance SHEET PAGE 10 OF 21 Grant I PROJECT NUMBER 2017—DJ-BX-0823 AWARD DATE 06126/2018 SPECIAL CONDITIONS 27. 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. 28. Justice Information Sharing In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community,the recipient(and any subrecipient at any tier) must comply with DOJ's Global Justice Information Sharing Initiative(DOJ's Global)guidelines and recommendations for this particular award.The recipient shall conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at: https://it.ojp.gov/gsp_rantcondition.The recipient shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed justification for why an alternative approach is recommended. 29. Avoidance ofduplication ofnetworks 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. 30, 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 42 U.S.C.3789g(c)-(d). The recipient may not satisfy such a fine with federal funds. 31. Protection of human research subjects The recipient(and any subrecipicnt 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. 32. Confidentiality ofdata The recipient(and any subrecipient at any tier)must comply with all confidentiality requirements of 42 U.S.C.3789g 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. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION : Bureau of Justice Assistance SHEET PAGE I I OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0823 AWARD DATE 06/2 612 0 1 8 SPECIAL CONDITIONS 33, Verification and updating of recipient contact information The recipient must verify its Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized Representative contact information in GMS,including telephone number and e-mail address. If any information is incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System (GMS)to document changes. 34. Law enforcement task forces-required training Within 120 days of award acceptance,each current member of a law enforcement task force funded with award funds who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank, must complete required online(intcmet based)task force training.Additionally,all future task force members must complete this training once during the period of performance for this award,or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for"Cask Force Integrity and Leadership(www.etfli.org).The training addresses task force effectiveness,as well as other key issues including privacy and civil liberties/rights,task force performance measurement,personnel selection,and task force oversight and accountability,If award funds are used to support a tack force,the recipient must compile and maintain a task force personnel roster,along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership(www.etfli.org). 35. Required attendance at BJA-sponsored events The recipient(and its subrecipients at any tier)must participate in BJA-sponsored training events,technical assistance events,or conferences held by BJA or its designees,upon BJA's request_ 36. Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed justification must be submitted to and approved by the OR program office prior to obligation or expenditure of such funds. OJP FORM 4000/2(REV.4-88) f U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Q Bureau of Justice Assistance SHEET PAGE 12 OF 21 Grant PROJECTNUMBER 20I7-DJ-BX-0923 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 37. Compliance with National Environmental Policy Act and related statutes Upon request,the recipient(and any subrecipient at any tier)must assist BJA in complying with the National Environmental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of these award funds,either directly by the recipient or by a subrecipient. Accordingly,the recipient agrees to first determine if any of the following activities will be funded by the grant,prior to obligating funds for any of these purposes.If it is determined that any of the following activities will be funded by the award,the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below,whether or not they are being specifically funded with these award funds.That is,as long as the activity is being conducted by the recipient,a subrecipient,or any third party,and the activity needs to he undertaken in order to use these award funds,this condition must first be met.The activities covered by this condition are: a,New construction; b.Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; c.A renovation,lease,or any proposed use of a building or facility that will either(a)result in u change in its basic prior use or(h)significantly change its size; d.Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments;and e.Implementation of a program relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories_ The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA.The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan,as detailed at https:/Ibja.gov/Fundingtnepa.htinL for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients'existing programs or activities that will be funded by these award funds,the recipient,upon specific request Rom BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 38. Establishment of trust fund If award funds are being drawn down in advance,the recipient(or a subrecipient,with respect to a subaward)is required to establish a trust fund account.(The trust fund may or may not be an interest-bearing account.)The fund, including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate the award funds in the trust fund(including any interest earned)during the period of performance for the award and expend within 90 days thereafter.Any unobligated or unexpended funds,including interest earned,must be returned to OJP at the time of closeout. ON FORM 400012(REV 448) g U.S.DcpartmentofJustice Office of Justice Programs AWARD CONTINUATION t, Bureau of Justice Assistance SHEET PAGE 13 OF 21 ^y Grant PROJECTNUMBER 2017-DJ-nX-0823 AWARD DATE 06/26/2018 SPEC[AL CONDITIONS 39. Prohibition on use of award funds for match under BV P program JAG funds may be used to purchase vests for an agency,but they may not be used as the 50%match for purposes of the DOJ Bulletproof Vest Partnership(BVP)program. 40. Certification of body armor"mandatory wear"policies The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased with funds from this award have a written"mandatory wear'policy in effect.The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and Slab- resistant body armor purchases.This policy must be in place for at least all uniformed officers before any runds from this award may be used by an agency for body armor.There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 41. Body armor-compliance with NIJ standards Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat level,make or model,from any distributor or manufacturer,as long as the body armor has been tested and Found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List(https://nij.govi).In addition,ballistic-resistant and stab-resistant body armor purchased must be American-made.The latest NIJ standard information can be found here:https:/Inij.gov/topics/tcchnotogy/body- arm or/p ages/safety-in itiativc.aspx. 42. Required monitoring ofsubawards The recipient must monitor subawards under this JAG award in accordance with all applicable statutes,regulations, award conditions,and the DO]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. 43. Reporting requirements The recipient must submit quarterly Federal Financial Reports(SF-425)and semi-annual performance reports through OJP's GMS(https://grants.ojp.usdoj.gov),Consistent with the Department's responsibilities under the Government Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool(PMT)website(www.bjaperfonvancetools.org).For more detailed information on reporting and other JAG requirements,refer to the JAG reporting requirements webpage.Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 44. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force,racial and ethnic bias,de- escalation of conflict,and constructive engagement with the public. OJP FORM 4000/2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 14 OF 21 Grant PROJECT NUMBER 2017-DI-BX-0823 AWARD DATE (1 i26,2018 SPECIAL CONDITIONS 45. Prohibited Expenditures List Award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time."I'he Prohibited Expenditure List may be accessed here:hops://www.bja.gov/funding/JACiControlledPurchaseList.pdf 46. Controlled expenditures-prior written approval required Award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time,without explicit written prior approval from BJA. The Controlled Expenditure List,and instructions on how to request approval for purchase or acquisitions are set out at hitps://www.bja.gov/I'unding/JAGControllcdPurchaseList.pdf 47. Controlled expenditures-incident reporting If an agency uses award funds to purchase or acquire any item on the Controlled Expenditure List at the time of purchase or acquisition,including as the list may be amended from time to time,the agency must collect and retain(for at least 3 years)certain information about the use of--(1)any federally-acquired Controlled Equipment in the agency's inventory,and(2)any other controlled equipment in the same category as the federally-acquired controlled equipment in the agency's inventory,regardless of source;and the agency must make that information available to BJA upon request.Details about what information must be collected and retained are set out at https://ojp.gov/docs/LE- Equipmont-WG-Final-Report.lidf. i 48. Sale of items on Controlled Expenditure List Notwithstanding the provision of the Part 200 Uniform Requirements set out at 2 CY R 200.313,no equipment listed on the Controlled Expenditure List that is purchased with award funds may be transferred or sold to a third party, except as described below: a. Agencies may transfer or sell any controlled equipment,except riot helmets and riot shields,to a Law Enforcement Agency(LEA)after obtaining prior written approval from BJA-As a condition of that approval,the acquiring LEA will be required to submit information and certifications to BJA as if it were requesting approval to use award funds for the initial purchase of items on the Controlled Expenditure List. b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non-LEAS,with the exception of fixed wing aircraft,rotary wing aircraft,and command and control vehicles.Before any such transfer or sale is finalized,the agency must obtain prior written approval from BJA.All law enforcement-related and other sensitive or potentially dangerous components,and all law enforcement insignias and identifying markings must be removed.prior to transfer or sale. The recipient must notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased with award funds,and must abide by any applicable laws(including regulations)in such disposal. 49. Prohibited or controlled expenditures-Effect of failure to comply Failure to comply with an award condition related to prohibited or controlled expenditures may result in denial of any further approvals of controtled expenditures under this or other federal awards. i OJP FORA 4000/2(REV.4-88) U.S.Department of Justice Office oflustice Programs AWARD CONTINUATION i Bureau of Justice Assistance SHEET PAGE 15 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0823 AWARD DATE 06/262018 SPECIAL CONDITIONS 50. Controlled expenditures-Standards Consistent with recommendation 2.1 of Executive Order 13688,a law enforcement agency that acquires controlled equipment with award funds must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards.General Policing Standards includes policies on(a) Community Policing;(b)Constitutional Policing;and(c)Community Input and Impact Considerations.Specific Controlled Equipment Standards includes policies specifically related to(a)Appropriate Use of Controlled Equipment; (b)Supervision of Use;(c)Effectiveness Evaluation;(d)Auditing and Accountability;and(e)Transparency and Notice Considerations.Upon OR's request,the recipient must provide a copy of the General Policing Standards and Specific Controlled Equipment Standards,and any related policies and protocols. 51. Authorization to obligate(federal)award funds to reimburse certain project costs incurred on or after October 1,2016 The recipient may obligate(federal)award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award(October 1,2016),however,the recipient may choose to incur project costs using non-federal funds,but any such project costs are incurred at the recipient's risk until,at a minimum--(1)the recipient makes a valid acceptance of the award,and(2)all applicable withholding conditions are removed by OJP(via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating,expending,or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent(if any)that an award condition expressly precludes reimbursement of project costs incurred"at- risk,"if and when the recipient makes a valid acceptance of this award and OR removes each applicable withholding condition through a Grant Adjustment Notice,the recipient is authorized to obligate(federal)award funds to reimburse itself for project costs incurred"at-risk"earlier during the period of performance(such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition),provided that those project costs otherwise are allowable costs under the award. Nothing in this condition shall be understood to authorize the recipient(or any subrecipient at any tier)to use award funds to"supplant"State or local funds in violation of the recipient's certification(executed by the chiefexecutive of the State or local government)that federal funds will be used to increase the amounts ofsuch funds that would,in the absence of federal funds,be made available for law enforcement activities. 52. "Certification of Compliance with 8 U.S.C.1373"required for valid award acceptance by a unit of local govemment In order validly to accept this award,the applicant local government must submit the required"Certification of Compliance with 8 U.S.C.1373"(executed by the chief legal officer of the local government). Unless that executed certification either--(1)is submitted to OR together with the fully-executed award document,or(2)is uploaded in OJP's GMS no later than the day the signed award document is submitted to OJP,any submission by a unit of local government that purports to accept the award is invalid- [fan initial award-acceptance submission by the recipient is invalid,once the unit of local government does submit the necessary certification regarding 8 U.S.C.1373,it may submit a fully-executed award document executed by the unit of local government on or after the date of that certification. For purposes of this condition,"local government"does not include any Indian tribes. OJP FORM 400012(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 16 OF 21 Grant PROJECTNUMBER 2017-DJ-BX-0823 AWARD DATE 0626/2018 SPECIAL CONDITIONS 53, Ongoing compliance with 8 U.S.C. 1373 is required 1.With respect to the"program or activity"funded in whole or part under this award(including any such"program or activity"ofany subrecipient at any tier),throughout the period of performance for the award,no State or local government entity,-agency,or-official may prohibit or in any way restrict--(I)any government entity or-official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a);or (2)a government entity or-agency from sending,requesting or receiving,maintaining,or exchanging information regarding immigration status as described in 8 U.S.C.1373(b). For purposes of this award,any prohibition(or restriction)that violates this condition is an"information-communication restriction." 2.Certifications from subrecipients. The recipient may not make a subaward to a State or local government or a "public"institution of higher education,unless it first obtains a certification of compliance with 8 U.S.C.1373,properly executed by the chief legal officer of the jurisdiction or institution that would receive the subaward,using the appropriate form available at https://ojp.gov/funding/Explore/SampleCertifications-SUSC1373.htm. Similarly,the recipient must require that no subrecipient(at any tier)may make a further subaward to a State or local government or a "public"institution ofhigher education,unless it first obtains a certification of compliance with 8 U.S.C.1373,properly executed by the chief legal officer of the jurisdiction or institution that would receive the further subaward,using the appropriate OJP form. 3.The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition, 4.Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such casts are not reimbursed under any other federal program,award funds may be obligated(including for authorized reimbursements)for the reasonable,necessary,and allocable costs(if any)that the recipient,or any subrecipient at any tier that is a State or local government or a"public"institution of higher education,incurs to implement this condition. 5.Rules of Construction A.For purposes of this condition. (1)"State"and"local government"include any agency or other entity thereof,but not any institution of higher education or any Indian tribe. (2)A"public"institution of higher education is one that is owned,controlled,or directly funded by a State or local government. (3)"Program or activity"means what it means under title VI of the Civil Rights Act of 1964(see 42 U.S.C.2000d-4a). (4)"Immigration status"means what it means for purposes of 8 U.S.C. 1373(Illegal Immigration Reform and Immigrant Responsibility Act of 1996);and terms that are defined in 8 U.S.C.1101(Immigration and Nationality Act) mean what they mean under that section 110 t,except that the term"State"also shall include American Samoa(cf.42 U.S.C.90l(a)(2)). (5)Pursuant to the provisions set out at(or referenced in)8 U.S.C.1551 note("Abolition...and Transfer of Functions"),references to the"Immigration and Naturalization Service"in 8 U.S.C. 1373 are to be read as references to particular components of the Department of Homeland Security(DHS). B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any State or local government,any"public"institution of higher education,or any other entity(or individual)to violate any federal law,including any applicable civil rights or nondiscrimination law. ON FORM 4000/2(REV,4-88) i U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 17 OF 21 Grant PROJECT NUMBER 2017-DJ-BX-0823 AWARD DATE 06/26/2019 SPECIAL CONDITIONS IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP,before award acceptance. 54. Authority to obligate award funds contingent on compliance with 8 U.S.C.1373;unallowable costs;obligation to notify 1, If the recipient is a State or local government-- A. The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the recipient(or of any subrecipient at any tier that is a either a State or unit of local govermnent or a"public"institution of higher education)that is funded in whole or in part with award funds is subject to any"information-communication restriction." B. In addition,with respect to any project costs it incurs"at risk,"the recipient may not obligate award funds to reimburse itself if--at the time it incurs such costs—the"program or activity"of the recipient(or of any subrecipient at any tier that is a either a State or unit of local government or a"public'institution of higher education) that would be reimbursed in whole or in part with award funds was subject to any"information-communication restriction." C. Any drawdown of award lunds by the recipient shall be considered,for all purposes,to be a material representation by the recipient to OJP that,as of the date the recipient requests the drawdown,the recipient and all subrecipients (regardless of tier)are in compliance with 8 U.S.C.1373. D. The recipient must promptly notify OJP(in writing)if the recipient,from its requisite monitoring of compliance with award conditions or otherwise,has credible evidence that indicates that the funded"program or activity"of the recipient,or of any subrecipient at any tier that is either a State or a local government or a"public'institution of higher education,may be subject to any"information-communication restriction."In addition,any subaward(at any tier)to a subrecipient that is either a State or a local government or a"public'institution of higher education must require I prompt notification to the entity that made the subaward,should the subrecipient such credible evidence regarding an "information-communication restriction." 2. Any subaward(at any tier)to a subrecipient that is either a State or a local government or a"public'institution of higher education must provide that the subrecipient may not obligate award funds if,at the time of the obligation,the "program or activity"of the subrecipient(or of any further such subrecipient at any tier)that is funded in whole or in part with award funds is subject to any"information-communication restriction," E 3. Absent an express written determination by DOJ to the contrary,based upon a finding by DOJ of compelling circumstances(e.g.,a small amount of award funds obligated by the recipient at the time of a subrecipienPs minor and transitory non-compliance,which was unknown to the recipient despite diligent monitoring),any obligations of award funds that,under this condition,may not be made shall be unallowable costs for purposes of this award. In making any such determination,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the award condition entitled"Ongoing compliance with 8 U.S.C.1373 is required." 4. Rules of Construction A. For purposes of this condition"information-communication restriction"has the meaning set out in the award condition entitled"Ongoing compliance with 8 U.S.C.1373 is required," B. Both the"Rules of Construction"and the"Important Note"set out in the award condition entitled"Ongoing compliance with 8 U,S.C.1373 is required"are incorporated by reference as though set forth here in full. OJP FORM 4000/2(REV,4-8R) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION 'i Bureau of Justice Assistance SHEET PAGE 18 OF 21 „r Grant PROIECTNUMBER 2017-W-13X-0823 AWARDDATE 06/1&2018 SPECIAL CONDITIONS 55. Required State-level rules or practices related to aliens;allowable costs i The following provisions apply to the recipient of this award,if the recipient is a State government,and also apply to any State-government subrecipient at any tier(whether or not the recipient is a State government). 1.Requirements With respect to the"program or activity"that is funded(in whole or in part)by this award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance for the award— A.A State statute,or a State rule,-regulation,-policy,or-practice,must be in place that is designed to ensure that agents of the United States acting under color of federal law in fact are given to access any State(or State-contracted) correctional facility for the purpose of permitting such agents to meet with individuals who are(or are believed by such agents to be)aliens and to inquire as to such individuals'right to be or remain in the United States. B.A Slate statute,or a State rule,-regulation,-policy,or-practice,must be in place that is designed to ensure that, when a State(or State-contracted)correctional facility receives from DHS a formal written request authorized by the Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility,then such facility will honor such request and--as early as practicable(see para.4.3.of this condition)--provide the requested notice to DHS. 2.Monitoring The recipients monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3.Allowable costs Compliance with these requirements is an authorized and priority purpose ofthis award.To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated(including for authorized reimbursements)for the reasonable,necessary,and allocable costs(if any)of--(1)developing and putting into place statutes,rules,regulations,policies,and practices to satisfy this condition,and(2)permitting access as described in para.LA.above,and(3)honoring any request from DHS that is encompassed by para.I.B.above. 4.Rules ofconstruction A.For purposes of this condition— (1)the term"alien"means what it means under section 101 of the Immigration and Nationality Act(see 8 U.S.C. 1101(a)(3)). (2)the term"correctional facility"means what it means under the Title I of the Omnibus Crime Control and Safe Streets Act of 1968(see 42 U.S.C.3791(a)(7)). B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any State or local government,or any other entity or individual to maintain(or detain)any individual in custody beyond the date and thne the individual would have been released in the absence of this condition. Current DHS practice is ordinarily to request advance notice of scheduled release"as early as practicable(at least 48 hours,if possible)."(Sec DHS Form 1-247A(3/l7)).in the event that(e.g.,in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to permit the advance notice that DHS has requested,it shall not be a violation of this condition to provide only as much advance notice as practicable. OJP FORM 4000l2(REV.4-88) i U.S.Department of Justice Office oflustice Programs AWARD CONTINUATION " i Bureau of Justice Assistance SHEET PAGE 19 OF 21 ti Grant PROJECT NUMBER 2017-DJ-BX-0823 AWARD DATE 06/26/2018 SPECIAL CONDITIONS NOTE:Current DHS practice is to use one form(DHS Form 1-247A(3/17))for two distinct purposes--to request advance notice of scheduled release,and to request that an individual be detained for up to 48 hours AFTER the scheduled release,This condition imposes NO requirements as to such DHS requests for detention. C.Both the"Rules of Construction"and the"Important Note"set out in the award condition entitled"Ongoing compliance with 8 U.S.C.1373 is required"are incorporated by reference as though set forth here in full. 56. Required local-government-level rules or practices related to ahems;allowable costs The following provisions apply to the recipient of this award,if the recipient is a unit of local government,and also apply to any local-government subrecipient of this award at any tier(whether or not the recipient itself is a unit of local government). I. Requirements With respect to the"program or activity"that is funded(in whole or in part)by this award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance for the award-- A. A local ordinance,-rule,-regulation,-policy,or-practice(or an applicable State statute,-rule,-regulation,- policy,or-practice)must be in place that is designed to ensure that agents of the United States acting under color of federal law in fact are given access a local-govcmment(or local-government-contracted)correctional facility for the purpose of permitting such agents to meet with individuals who are(or are believed by such agents to be)aliens and to inquire as to such individuals'right to be or remain in the United States. B. A local ordinance,-rule,-regulation,-policy,or-practice(or an applicable State stahtte,-rule,-regulation,- policy,or-practice)must be in place that is designed to ensure that,when a local-government(or local-government- contracted)correctional facility receives from DHS a formal written request authorized by the Immigration and Nationality Act that seeks advance notice of the scheduled release date and time for a particular alien in such facility, then such facility will honor such request and—as early as practicable(see"Rules of Construction"incorporated by para.4.B.of this condition)--provide the requested notice to DHS. 2, Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 3. Allowable costs Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated(including for authorized reimbursements)for the reasonable,necessary,and allocable costs(if any)of--(1)developing and putting into place statutes,ordinances,rules,regulations,policies,and practices to satisfy this condition,(2)permitting access as described in para.I.A.above,and(3)honoring any request from DHS that is encompassed by para.I.B.above. 4. Rules ofconstruction i A. The"Rules of Construction"and the"Important Note"set out in the award condition entitled"Ongoing compliance with 8 U.S.C. 1373 is required"are incorporated by reference as though set forth here in full. B. The"Rules of Construction'set out in the award condition entitled"Required State-level rules or practices related to aliens;allowable costs"are incorporated by reference as though set forth here in full. ON FORM 4000/2(REV.4-88) i U.S.DcpartmcntofJustice Office oflustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 20 OF 21 ki Grant PROJECTNUMBER 2017-DJ-BX-0823 AWARD DATE 06/26/2018 SPECIAL CONDITIONS 57. Use of funds for DNA testing;upload of DNA profiles i If award funds are used for DNA testing of evidentiary materials,any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System("CODIS,"the DNA database operated by the FBO by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. 58. Encouragement of submission of"success stories" BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success story,sign in to a My BJA account at https:/Iwww.bja.gov/Login,aspx to access the Success Story Submission form.If the recipient does not yet have a My BJA account,please register at httpsJ/www.bja.gov/profile.aspx.Once registered, one of the available areas on the My BJA page will be"My Success Stories."Within this box,there is an option to add a Success Story.Once reviewed and approved by BJA,all success stories will appear on the BJA Success Story web page at https://www.bja.gov/SuccessStoryList.aspx. 59. Requirement to disclose whether recipient is designated"high risk"by a federal grant-making agency outside of DOJ If the recipient is designated"high risk"by a federal grant-making agency outside of DOJ,currently or at any time during the course of the period of performance under this award,the recipient must disclose that fact and certain related information to OJP by email at O1P.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure,high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance,or other programmatic or financial concerns with the recipient.The recipient's disclosure must include the following:I.The federal awarding agency that currently designates the recipient high risk,2.The date the recipient was designated high risk,3.The high-risk point of contact at that federal awarding agency(name,phone number,and email address),and 4.The reasons for the high-risk status,as set out by the federal awarding agency. 60. 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 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. 61. Withholding of funds:Required certification from the chief executive of the applicant government The recipient may not obligate,expend,or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government,"properly-executed(as determined by OJP),and a Grant Adjustment Notice(GAN)has been issued to remove this condition. OJP FORM 40002(REV.4-88) i U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION B Bureau of Justice Assistance SKEET PAGE 21 OF 21 Grant p 1 PROJECT NUMBER 2017-DJ-BX-0823 AWARD DATE 06/26/2018 SPEC/AL CONDITIONS 62. Recipient integrity and performance matters: Requirement to report information on certain civil,criminal,and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal,and administrative proceedings connected with(or connected to the performance of)either this OJP award or any other grant,cooperative agreement,or procurement contract from the federal government. Under certain circumstances,recipients of OJP awards are required to report information about such proceedings,through the federal System for Award Management(known as"SAM"),to the designated federal integrity and performance system (currently,"FAP11S"). The details ofrecipient obligations regarding the required reporting(and updating)of information on certain civil, criminal,and administrative proceedings to the federal designated integrity and performance system(currently, "FAPIIS")within SAM are posted on the OJP web site at https://ojp,govlfunding/FAPIIS.htm(Award condition: Recipient Integrity and Performance Matters,including Recipient Reporting to FAPIIS),and are incorporated by reference here. 63. Withholding of funds: Memorandum of Understanding The recipient may not obligate,expend,or draw down any award funds until OR has reviewed and approved the Memorandum of Understanding(MOU),and a Grant Adjustment Notice(GAN)has been issued to remove this condition. 64, Withholding of funds: Budget narrative The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews and accepts,the budget narrative for the award,and a Grant Adjustment Notice(GAN)has been issued to remove this condition. 65. Withholding of funds: Project abstract The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews and accepts,the project abstract,and a Grant Adjustment Notice(GAN)has been issued to remove this condition. 66. Withholding of funds: Program narrative The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews and accepts,the program narrative for this award,and a Grant Adjustment Notice(GAN)has been issued to remove this condition. i OJP FORM 4000/2(REV.4-88) 3 i i U.S.Department of Justice y Office of Justice Programs i Bureau of Justice Assistance Washingron,D.C.20531 Memorandum To: Official Grant File From: Orbin Terry,NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for Broward County The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system,some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds,whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly,prior to obligating funds for any of the specified activities,the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a.New construction; b.Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household, recreational,or education environments;and e.Implementation of a program relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA. Further,for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements,please see https://www.bia.gov/Funding/nepa.htmi. Please be sure to carefully review the grant conditions on your award document,as it may contain more specific information about environmental compliance. U.S.Department of Justice GRANT MANAGER'S MEMORANDUM,PT.I: Office ofJusdce Programs PROJECT SUMMARY 1* Bureau of Justice Assistance Grant PROJECT NUMBER 2017-DJ-BX-0823 PAGE t OF t This project is supported under FYI7(BJA-JAG State and JAG Local)Title I of Pub.L.No.90-351(generally codified at 42 U.S.C.3711-3797ff-5),including subpart 1 of part E(codified at 42 U.S.C.3750.3758);see also 28 U.S.C.530C(a). i 1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number) Tamara T.White Norma McGraw (202)353-3503 Grants Coordinator 2601 W.Broward Blvd Ft.Lauderdale,FL 33311-1308 (954)321-4473 I 3a,TITLE OF THE PROGRAM 3b,POMS CODE(SEE INSTRUCTIONS BJA FY 17 Edward Byrne Memorial Justice Assistance Grant(JAG)Program-Local Solicitation ON REVERSE) 4.TITLE OF PROJECT 2017 BYRNE-JAG GRANT 5.NAME&ADDRESS OF GRANTEE &NAME&ADRESS OF SUBGRANTEE Broward County 115 S.Andrews Avenue Ft.Lauderdale,FL 33301 7.PROGRAM PERIOD 8.BUDGET PERIOD FROM: 10/01/2016 TO: 09/30/2020 FROM: 1 0/0 1 20 1 6 TO: 09/30/2020 9.AMOUNT OF AWARD 10.DATE OF AWARD $522,735 06/26/2018 11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT 13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT 15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and units of local government,including tribes,to support a broad range of criminal justice related activities based on their own state and local needs and conditions.Grant funds can be used for slate and local initiatives,technical assistance, training,personnel,equipment,supplies,contractual support,and information systems for criminal justice,including for any one or more of the following purpose 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);and 8)mental health programs and related law enforcement and corrections programs,including behavioral programs and crisis intervention teams. This Local JAG award will be shared by the County and one or more jurisdictions identified as disparate within the current Fiscal Year eligibility list (www.bja.gov/Jag).JAG funding will be used to support criminal justice initiatives that fall under one or mare of the allowable program areas above.Any DIP FORM 40002(REV.4-88) equipment purchases or funded initiatives such as overtime,task forces,drug programs,information sharing,etc,will he aimed at reducing crime and/or enhancing public/off iccr safety. NCA/NCF i i I ! g i i I