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HomeMy WebLinkAbout2002-116 < >t' I.. .... RESOLUTION NO. 2002-116 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE COUNTY OF SAN BERNARDINO PROBATION DEPARTMENT TO ADMINISTER THE GRANT FUNDED JUVENILE ACCOUNTABILITY PROGRAM KNOWN AS INTERVENTION AND MANAGEMENT OF PROBATIONER ACCOUNT ABILITY AND COMPLIANCE OF TERMS (IMPACT). 1 2 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AS FOLLOWS: 4 5 Section 1. The Mayor and Common Council of the City of San Bernardino authorize th 6 Mayor to execute an amendment to the agreement between the City of San Bernardino Polic 7 Department and The County of San Bernardino Probation Department to administer the gran 8 funded juvenile accountability program known as Intervention and Management of Probatione 9 Accountability and Compliance of Terms (IMPACT). 10 11 Section 2. The authorization to execute the above referenced amendment is rescinded if 12 not issued within one hundred-twenty (120) days of the passage of this resolution. 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 23 BCLS:\Council\IMPACT Amed Resolution.doc 24 ,,' RESOLUTION NO. 2002-116 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE COUNTY OF SAN BERNARDINO PROBATION DEPARTMENT TO ADMINISTER THE GRANT FUNDED JUVENILE ACCOUNT ABILITY PROGRAM KNOWN AS INTERVENTION AND MANAGEMENT OF PROBATIONER ACCOUNTABILITY AND COMPLIANCE OF TERMS (IMPACT). 1 I HERBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 2 Common Council of the City of San Bernardino at a j oint regular meeting thereof, held 3 on the 15th day of April 4 Council Members: AYES 5 ESTRADA x 6 LIEN x 7 MCGINNIS x 8 DERRY x 9 SUAREZ X 10 ANDERSON x 11 MCCAMMACK X 12 13 , 2002, by the following vote, to wit: NAYS ABSTAIN ABSENT ~k~I~~ 14 The forgoing resolution is hereby approved this Ji:&.. day of / April ,2002, 18 Approved as to form and legal content: Judith Valles, Mayor City of San Bernardino 15 16 17 19 JAMES F, PENMAN, City Attorney 20 21 ~ / By: ~"" 7.1,~ U ' 22 23 BCLS:\Council\IMPACT Amed Resolution.doc 24 ., ., 2002-116 " AMENDMENT TO IMPACT MEMORANDUM OF UNDERSTANDING Staffing First paragraph modified to read: In addition to the police sergeant and supervising probation officer, qualified personnel recommended for assignment by the participating agencies will staff the program, Agreed upon numbers of police officers from SBPD and an equal number of probation officers from Probation staff the program. Currently the agreed upon staff is five police officers and five probation officers, FISCAL PROCEDURES A. Program Funds - San Bernardino Police Department retains sole responsibility ". modified to read: 3. The MOU assumes that an agreed upon portion of the JAIBG award will be disbursed by the City of San Bernardino to the County of San Bernardino (as sub- grantee), The intent is to fund as much of one police officer and one probation officer positions as possible with available funds. Probation retains sole responsibility., ,modified to read: 3. The MOU assumes the Probation grant will flmd an agreed upon number of police officer positions and/or portions of a police sergeant position (the City of San Bernardino receiving the funds as a sub-grantee of the grant acquired by Probation) as well as all Probation personnel and equipment for this program, 4. The County of San Bernardino Probation Department will use grant funds if available, to reimburse the City of San Bernardino Police Department up to 50% of the required JAIBG match for the officers funded with the JAIBG award, Page 1 of2 2002-116 AMENDMENT TO IMPACT MEMORANDUM OF UNDERSTANDING SIGNATURES The undersigned certify they represent and have the authority to execute this agreement amendment on behalf of their respective agencies and, in signing this agreement amendment concur with and support the IMP ACT program as set forth in this amended agreement. 4-((, -Ci?- Date . MAY 1 4 2002 Date Ol-366 A-l SIGNED AND CERTlRED mAT A COPY OF 11-IIS DOCUMENT IVERED TO 11-IE CHAIR .tR Approved as to form and legal content James F, Penman City Attorney By By: Page 2 of2 2001-73 MEMORANDUM OF UNDERSTANDING Introduction This memorandum of understanding (MOU) between the San Bernardino Police Department (SBPD) and the County of San Bernardino Probation Department (Probation) defines the operating agreements between the two organizations as they administer the grant funded juvenile accountability program known as IMP ACT (based on a successful program in Boston called "Night Light"). A police sergeant provided by The San Bernardino Police Department and a supervising probation officer provided by Probation will share supervision responsibilities. The sergeant will provide field supervision for all subordinate members assigned to the program and provide necessary input for probation officer (PO) performance evaluations to Probation, The Probation supervisor will provide input to the program to insure goals are achieved. This supervisor will also be responsible for probation issues normally handled by Probation. These include, but are not limited to, completion of reports, payroll, and the court filing of probation violations and other court documents. Staffing In addition to the police sergeant and supervising probation officer, qualified personnei recommended for assignment by the participating agencies will staff the program. Five police officers from SBPD and five probation officers from Probation staff the program, In order to minimize disruption to the program, assignment to the program will normally be at least one year. SBPD and Probation, however, retain the right to move personnel to accomplish individual agency needs and to conform to City of San Bernardino and County of San Bernardino personnel rules, Each agency agrees that placement in the program should be based on past favorable job performance, specialized experience which will enhance the accomplishment of the goals of the program, and the ability to work with others in a close, team enyironment. Personnel not meeting acceptable standards of performance or refusing to comply with program policies and procedures may be removed from the program and transferred back to the parent agency, FISCAL PROCEDURES A Program Funds SBPD retains sole responsibility and accountability for the reporting and disbursement of Juvenile Accountability Incentive Block Grant (JAIBG) funds acquired by the City of San Bernardino. Each agency agrees to the following in regards to those JAlBG funds: 1, Periodic grant reporting to the funding source and auditing processes conducted by the funding source remain the responsibility of SBPD, 2. Any provision of this MOU deemed in conflict with (1) agreements ratified by the S~n Bernardino County Board of Supervisors, (2) the City of San Bernardino Common CounCIl, or (3) grant requirements will be null and void, 1 2001-73 3. The MOU assumes that one half of the JAIBG award will be disbursed by the City of San Bernardino to the County of San Bernardino (as sub-grantee). The intent of each half is to fund one police officer and one probation officer position. Probation retains sole responsibility and accountability for the reporting and disbursement of grant funds acquired by the County of San Bernardino to fund their portion of the program, Each agency agrees to the following in regards to those specific grant funds: I. Periodic grant reporting to the funding source and auditing processes conducted by the funding source remain the responsibility of Probation. 2. Any provision of this MOU deemed in conflict with (I) agreements ratified by the San Bernardino County Board of Supervisors, (2) the City of San Bernardino Common Council, or (3) grant requirements will be null and void. 3. The MOU assumes the Probation grant will fund four police officer positions and one police sergeant position (the City of San Bernardino receiving the funds as a sub-grantee of the grant acquired by Probation) as well as Probation personnel and equipment. Equipment acquired by either agency (paid for with grant funds) remains the property of the acquiring agency. B. Salaries and Benefits Increases of salaries or benefits during the project remain the responsibility of the individual agency. C. Participant Claims for Reimbursement Each agency agrees to cooperate in providing information or administrative support to assist in claims for reimbursement to the grant funders. D. Right to Audit Each agency retains responsibility to comply with audits required by the grants. Each agency agrees to cooperate in providing information or administrative support to assist in audits required by either the City of San Bernardino or County of San Bernardino. E. Overtime Overtime costs not covered by either grant remain the responsibility of the agency responsible for the individual employee. Each agrees to work cooperatively in the effective and efficient administration of the project in order not to unnecessarily incur oyertime costs, F. Indirect costs Indirect costs (Le., administrative overhead, garage charges, etc,) remam the individual responsibility of each agency. 2 2001-73 LIABILITY Each participating agency shall retain liability responsibility for their respective employees while assigned to the program. This includes industrial injury claims, vehicle accidents, and third party claims for monetary damages arising from vehicle accidents and other alleged torts. Additionally, the parent agency shall also be responsible for any and all workers compensation claims of their respective employee if he/she should become injured in the course and scope of his/her duties while assigned to the program. The County of San Bernardino agrees to indemnify and hold harmless the City of San Bernardino, its officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any negligent act or omission of the County, its officers, employees, agents or volunteers in connection with this agreement, but only in proportion to, and to the extent such liability, loss expense, attorney's fees, or claims for injuries or damages are caused by or are the result ofthe negligent or intentional acts or omissions of the County, its officers, agents or employees. The City of San Bernardino shall defend, indemnify, and hold harmless the County of San Bernardino and its officers, employees and agents from and against any and all liability, loss expense, attorney's fees, or claims for injuries or damages arising out of the performance of this agreement, but only in proportion to, and to the extent such liability, loss expense, attorney's fees, or claims for injuries or damages are caused by or are the result ofthe negligent or intentional acts or omissions of the City, its officers, agents or employees. OPERA IroN I,OCA TlON The prograrn will utilize existing physical assets of SBPD and Probation to conduct briefings and complete administrative tasks including completion and filing of reports. EOUlPMENT The program supervisors will be accountable for the equipment assigned to the program and will use approved applicable procedures for procuring, accounting, and safeguarding fixed assets. VEHICLES Vehicles will be purchased using grant funds through approved procurement procedures. Maintenance and fuel costs of vehicles assigned to the program will be the responsibility of the acquiring agency, COMMUNICATIONS EQUIPMENT Communications equipment acquired will be maintained and repaired by the County of San Bernardino. Communications equipment acquired remains the property of the acquiring agency at the end of the project. OTHER EQUIPMENT Each agency agrees to cooperate in the acquisition, maintenance and disposition of any other equipment necessary for the effective administration of the project. 3 2001-73 DISTRIBUTION OF PROGRAM ASSETS At the conclusion of the project, each agency agrees to distribute program assets (i.e" equipment) in accordance with grant requirements. If distribution rules are not specified in either grant, the assets remain the property of the acquiring agency. ASSET FORFEITURE SHARING Program operations, which result in either state or federal asset seizures, shall be shared equally by both agencies (i.e" 50% net disbursement to each agency) in accordance with asset forfeiture laws and regulations. Asset forfeiture processes and required court filings and reports will be completed by SBPD. Both agencies understand that asset forfeiture sharing amounts are specified by law and this section simply defines an agreement to share equally in those net assets generated as a result of the program. STANDARD OPERATING PROCEDURES The program supervisors will examine applicable policies for the individual agencies. Any policies which conflict significantly will be evaluated by the program supervisors to create an applicable program policy or practice, Each agency agrees to cooperate in the deyelopment of program policies that do not significantly conflict with the mission, vision, or values of either agency. In the event only one agency has a policy addressing a specific issue that policy will be reviewed for adoption by the program. In cases where the policies or procedures conflict with the employee's parent agency, the employee shall abide by the policies of his or her agency. The parties may adopt a policy that reconciles any conflict. If so, the reconciled policy will be followed. The investigation of uses of force, particularly those involving injury or death to either an employee or another, shall be conducted by the law enforcement agency haying jurisdiction of the incident. Vehicle accidents will be handled by the agency having jurisdiction at the location where the accident occurs, Nothing in this MOU precludes further investigation or concurrent investigation by the employee's agency. The program supervisor will ensure the agency of the involved employee has been promptly and appropriately notified of either a use of force or injury. Injured personnel will be taken to the most immediate and competent medical facilities available, The employee's agency will be immediately notified of any injury to their personnel. The program supervisor from the injured employee's agency is responsible for completion of applicable internal forms, Program member evaluations and investigations of citizen's complaints or internal investigations shall be investigated jointly by both agencies. Either the SBPD lieutenant assigned to the program or the supervising probation officer for Probation will determine primary internal affairs investigation responsibility. In the event of disagreement on this issue, the participating agencies may elect to conduct concurrent investigations or resolye the issue between the Chief of Police and the Chief Probation Officer, Disciplinary actions against individual employees remain the responsibility of the employing agency. 4 ., 2001-73 . REPORTING The program supervisors will be responsible for implementing a reporting system which tracks team activities, statistics, and accomplishments of program operati:ms. Each agency agrees to cooperate with each other in the preparation of reports deemed necessary to provide accountability to SBPD, Probation, or the grant authority. AMENDMENTS TO THE MOU This MOU may be amended in writing at any time with the concurrence of both agencies. Any amendment shall be in writing and approved by the Board of Supervisors and the City of San Bernardino Common Council. TE~lS0FAGREEMENT The MOU will remain in effect until the program ends or either agency agrees to terminate the project. SIGNATURES The undersigned certify they represent and have the authority to execute this agreement on behalf of their respective agencies and, in signing this agreement, concur with and support the IMPACT program as set forth in this agreement and for the period and purposes as stated herein, ,^' I (I -., fWd.. I ,/((j Date BY. c;;/~rrm~'~ County Board of Supervisors Ol-366 MAY 1 5 7001 Date Approved as to form and legal content JAMES F. PENMAN City Attorney 5