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HomeMy WebLinkAbout2001-073 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 :I f RESOLUTION NO. 2001-73 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE COUNTY OF SAN BERNARDINO PROBATION DEPARlMENT THAT DEFINES THE OPERATING AGREEMENTS BETWEEN THE TWO ORGANIZATIONS AS THEY ADMINISTER THE GRANT FUNDED JUVENILE ACCOUNTABILITY PROGRAM KNOWN AS INTERVENTION AND MANAGEMENT OF PROBATIONER ACCOUNTABILITY AND COMPLIANCE OF TERMS (IMPACT). BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor and Common Council of the City of San Bernardino authorize the Mayor to execute an agreement between the City of San Bernardino Police Deparrment and the County of San Bernardino Probation Deparrment, to administer the grant funded juvenile accountability program known as Intervention and Management of Probationer Accountability and Compliance of Terms (IMP ACI). SECTION 2. The authorization to execute the above referenced memorandum of understanding is rescinded if it is not issued within one hundred-twenty (120) days of the passage of this resolution. This agreement was previously approved by Council on 11-20-00. Because the County did not execute the agreement in a timely manner, the resolution passage time frame will be changed from 60 to 120 days. III III I 2001-73 1 2 3 4 5 6 7 8 April 2, 200 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE COUNTY OF SAN BERNARDINO PROBATION DEPARTMENT THAT DEFINES THE OPERATING AGREEMENTS BETWEEN THE TWO ORGANIZATIONS AS THEY ADMINISTER THE GRANT FUNDED JUVENILE ACCOUNTABILITY PROGRAM KNOWN AS INTERVENTION AND MANAGEMENT OF PROBATIONER ACCOUNTABILITY AND COMPLIANCE OF TERMS (IMPACT). I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at aj to reg.meeting thereof, held on the 9 16th day of April ,2001, by the following vote, to wit: 10 11 12 13 14 15 16 17 18 19 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x - MCGINNIS x SCHNETZ x SUAREZ ~ ANDERSON x MCCAMMACK x -~ ~ City Clerk 20 21 22 23 The foregoing resolution is hereby approved thi ~day of April :L'?~ ith Valles, Mayor ity of San Bernardino , 200 I. 24 Approved as to 25 form and legal content: JAMES F. PENMAN, 26 City Attorney 27 28 2 . . Rev 07/97 REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION Agree. 01-366 May 15, 2001 FROM: RAYMOND B. WINGERD, Chi.ef Probation Officer Probation Department SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN COUNTY OF SAN BERNARDINO PROBATION DEPARTMENT AND CITY OF SAN BERNARDINO POLICE DEPARTMENT FOR NIGHT LIGHT PROGRAM - CITY NO. 2001-73 (U.S. GRANT NO. 2000-DD-VX-0022) RECOMMENDATION: 1. Approve and sign the Memorandum of Understanding (MOU) between the County of San Bernardino Probation Department and the City of San Bernardino Police Department for the Night Light Program. 2. Waive the Child Support Compliance Program requirements (Ordinance 3789, Section 110.0109) since the proposed contract is between two governmental public safety agencies. BACKGROUND INFORMATION: On May 23, 2000, the Board of Supervisors approved the submission by the Probation Department of a grant application to the United States Department of Justice, Bureau of Justice Assistance, in the amount of $800,000. The grant request was for a joint project involving the County and the City of San Bernardino to develop a "Night Light" program modeled after the Boston Night Light program; a nationally acclaimed program which has proven to be successful in reducing crime. The City of San Bernardino Police Department would participate with the Probation Department in this program. The program consists of five (5) probation officers and five (5) City of San Bernardino police officers who will work in teams to reduce crime among juvenile and young adult offenders in the evening and early morning hours. The focus will be directed toward minors who are wards of the Juvenile Court and young adults on probation from age 18 to 21. This MOU would serve as the operating agreement that governs the participation of both agencies in the grant program and provides for the transfer of grant monies between the County and the City. The grant award allocates $354,033 for salary and benefit costs for the City of San Bernardino police officers, with the remaining $445,967 allocated for Probation's salaries and benefits, mileage, equipment and overtime costs. In addition, the City of San Bernardino has committed $57,786 of their Juvenile Accountability and Incentive Block Grant monies to partially fund the salary and benefit costs of one probation officer in this program. Page 1 of 2 cc: Probation-Joe Lenz w/agree. City of San Bernardino w/agree. c/o Probation Auditor w/agreement SBO w/agreement Risk Management CAG-Faulkner File w/agreement Record of Action of the Board of Supervisors AGREEMENT NO. 01-366 OF SUPERVISORS ARDINO ~ MOTION AYE MOVE 4 ----s- HE BOARD BY mil ITEM 053 MEMORANDUM OF UNDERSTANDING BETWEEN COUNTY OF SAN BERNARDINO PROBATION DEPARTMENT AND CITY OF SAN BERNARDINO POLICE DEPARTMENT FOR NIGHT LIGHT PROGRAM (GRANT NO. 2000-DD-VX-0022) May 15, 2001 Page 2 of 2 Ordinance 3789, Section 110.0109 requires that County contracts include reporting and disclosure provisions to ensure that individuals who benefit financially from the County through employment or contracts are in compliance with court-ordered child, family, and spousal support obligations. The purpose of the ordinance is to ensure employee and contract vendor compliance. Since this MOU is an operating agreement between two law enforcement agencies regarding a joint grant project and not a procurement or employment agreement, the department requests a waiver of the Section 110.0109 contract provision requirements for this MOU. The requested waiver in Recommendation #2 indicates the Board's determination that the purpose of the waived provisions would not be reasonably accomplished by requiring compliance in this particular instance. REVIEW BY OTHERS: This item has been reviewed by the County Administrative Office (Marcia Faulkner) and County Counsel (Susan L. Nash). FINANCIAL IMPACT: The grant and accompanying MOU would fully fund Probation's participation in the program; there would be no impact to the County General Fund. SUPERVISORIAL DISTRICT(S): All PRESENTER: Raymond B. Wingerd, Chief Probation Officer MAY 15, 2001 ITEM 053 , . E X M Vendor Code FOR COUNTY USE ONL Y Dept. C ACi Dept. Orgn. PRB PRB Ph. Ext. Contract Number 01-366 No. 2001-73 Contractor's License No. County of San Bernardino FAS CONTRACT TRANSMITTAL Organization RB Amount of Contract $800,000 Activity GRC/PROJ/JOB Number FY Estimated Payment Total by Fiscal Year Amount liD FY Amount liD Project Name Night Light Program Grant (IMPACT) 2001/02 $800,000 CONTRACTOR City of San Bernardino Birth Date FederallD No. or Social Security No. Contractor's Representative Jarnes F. Penman, Attorney, City of San Bernardino Address 300 N. "D" Street, San Bernardino 92418 Phone (909) 384-5211 Nature of Contract: (Briefly describe the general terms ofthe contract) ~', The Board of Supervisors approved an $800,000 grant via the United States Department of Justice entitled "Nighrfjjght" on September 25, 2000. This grant was developed collaboratively between the Probation Department and the City of San Bern'~rdjno 'Police Department. n' t~i;" Vt,~...." ,J This MOU serves as the operating agreement that governs the participation of both agencies andi,p(ovides'lor the transfer of grant monies between the County of San Bernardino and City of San Bernardino. -< \0~j, .:;: ",:oJ" ,', 'I. \;.. J~\. (County Agreem_,,!' ~;;:~BO'"~97;! " rC. ",{: i U.S. Department of Justice Grant Award No. 2000-DD-VX-0022. (Attach this transmittal to all contracts not prepared on the "Standard Contract" form.) :P~FoL, ~GAh County Counsel Date ~\ JJ~ 0 \ Reviewed as to Contract Compliance Reviewed for Processing ~ ~ Agency Adminlstrator/CAO Date Date 2001-73 MEMORANDUM OF UNDERSTANDIN.G Introduction This memorandum of understanding (MOD) 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 personnel recommended for assignment by the participating agencies will staff the program. Five police officers from SBPD and five probation officers from Probation staffthe 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 environment. 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 JAIBG funds: I. 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 San Bernardino County Board of Supervisors, (2) the City of San Bernardino Common Council, or (3) grant requirements will be null and void. 2001-73 3. The MOD 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: 1. 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 MOD 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 MOD 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 acqumng 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 overtime costs. F. Indirect costs Indirect costs (i.e., administrative overhead, garage charges, etc.) remain the individual responsibility of each agency. 2 2001-73 I ,lABILITY Each participating agency shall retain liability responsibility for their respective employees while assigned to the program. This includes industrial i~jury 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 oftheir respective employee if helshe 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 of the 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 of the negligent or intentional acts or omissions of the City, its officers, agents or employees. OPERATION LOCATION The program 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 acqmsltlon, 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 f!lles ar\l 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. ST ANDARD 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 development 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 having 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 resolve 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 operations. 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. TERMS OF AGREEMENT 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 fo h in this agreement and for the period and purposes as stated herein. f\P~ II 1(1,2c0) Date BY. ~ . WeI' ~ ~$ "'-"" red Aguiar, Chairm~ County Board of Supervisors 01-366 MAY 1 !'i 7001 Date Approved as to form and legal content JAMES F. PENMAN City Attorney 5