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Home My WebLink About2005-231 .iW'~T~:'T' - ~~r~'fF' , i'" I'=-~ - "''T"",.''''m'''<r~"' ", ,.. ,...,~.- .1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 III 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-231 RESOLUTION OF THE MAYOR AND COMMOM COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH THE COUNTY OF SAN BERNARDINO CONCERNING THE USE OF INDIAN GAMING SPECIAL DISTRIBUTION FUNDS FOR THE SAN BERNARDINO POLICE DEPARTMENT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor is authorized to execute a grant agreement (attached and incorporated herein as Exhibit "A") with the County of San Bernardino concerning the use of Indian Gaming Special Distribution Funds in the amount of $700,000 to be used specifically to fund law enforcement service in the area impacted by the San Manuel Indian Bingo and Casino. SECTION 2. This resolution is rescinded if the parties to the contract fail to execute it within thirty (30) days of passage of the resolution. 11/ - 1 - -li'V"""""W',," " ,",<,o,,,.~,",,, ," ..,-,~^" ~. ,-'- 1 2 3 4 5 6 Common Council of the City of San Bernardino at a i oint re2ular 7 on the 5th 8 9 10 ESTRADA 11 LONGVILLE 12 MC GINNIS 13 DERRY 14 KELLEY 15 16 MC CAMMACK 17, 18 19 20 21 22 23 Approved as to 24 fonn and legal content: 25 JAMES F. PENMAN, 26 City orney 27 28 RESOLUTION...AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH THE COUNTY OF SAN BERNARDINO CONCERNING THE USE OF INDIAN GAMING SPECIAL DISTRIBUTION FUNDS FOR THE SAN BERNARDINO POLICE DEPARTMENT. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and meeting thereof, held day of July , 2005, by the following vote, to wit: Council Members: ABSTAIN ABSENT AYES NAYS -L x x -L x JOHNSON x x Ck.e..Wk.~ City (21erk The foregoing resolution is hereby approved this L da of J:lY ,2005. -2- _ <~.,~.m~. .,. ,~_.,~ .. . . 2005-231 SAN BERNARDINO POLICE DEPARTMENT FY 05/06 INDIAN GAMING LOCAL COMMUNITY BENEFIT GRANT LINE ITEM BUDGET Account Description Costs 001-213-5011/5029 (6) police officers (P-l's) $560,267 001-213-5011/5029 (1) police sergeant (P-3) 138.100 Total personnel costs $698,800 001-213-5111 Grant required signs to be posted in impacted areas $ 1.200 Total Maintenance & Operations $ 1,200 TOTAL GRANT BUDGET $700,000 001-213-5910 Credit - Federal & State Grants <5700,000> NET IMPACT ON GENERAL FUND -0- \\ fi""'''''''O'?C';'.'; """" 'T' "1 I ,.en '~.'" ... -, . 2005-231 SAN BERNARDINO POLICE DEPARTMENT FY 05/06 INDIAN GAMING LOCAL COMMUNITY BENEFIT GRANT BUDGET NARRATIVE Personnel Costs Police Officers - The SB 621 grant provided funding for five (5) additional police officer positions in FY 04/05. Currently, two officers on day shift, two on graveyard and the fifth officer is assigned to a mid-afternoon cover shift. To provide 24/7 general law enforcement services in the residential and business areas surrounding the San Manuel Indian reservation one (1) additional police officer position is needed on the mid- afternoon cover shift [a total of six (6) grant police officer positions.] Police Sergeant - The SB 621 grant provided funding for a Police Sergeant position in FY 04/05. This position directly supervises and deploys other grant personnel funded by the SB 621 grant. Maintenance & Ooeration Grant signs and Grant Support Items - Grant signs and other support items are required to be placed in areas impacted by Indian gaming that identify the funding source for mitigation measures funded by the Indian Gaming Local Community Benefit grant. \ \ ~,~~_~~'_W'>>" ">>_'>>'''>'C~~~'_>''>'_WF>- - ->--.._~- . 2005-231 SAN BERNARDINO COUNTY INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE GRANT AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO CONCERNING USE OF INDIAN GAMING SPECIAL DISTRIBUTION FUNDS This Grant Agreement is entered into between the County of San Bernardino (hereinafter County), as delegated by the San Bernardino County Indian Gaming Local Benefit Committee (hereinafter Committee), and City of San Bernardino (Grantee), pursuant to California 2003 Senate Bill 621, Chapter 858; California 2004 Assembly Bill 675, Chapter 675; and California 2004 Assembly Bill 3089, Chapter 892 (SB 621). WHEREAS, Grantee submitted an application to the Committee for a mitigation project fully described in its application attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Grantee is the recipient of a Grant in an amount not to exceed $700,000, as sponsored by San Manuel Band of Mission Indians and approved by the Committee on April 28, 2005, from the Indian Gaming Special Distribution Fund for the County of San Bernardino; and WHEREAS, the County is charged with administering Grants awarded from the Indian Gaming Special Distribution Fund; and WHEREAS, the legislation that created the Special Distribution Fund requires that Grantee's use of the Grant funds meet certain specified conditions; NOW, THEREFORE, the parties agree as follows: 1. Puroose of Grant Grantee shall use the grant funds provided by the State Controller's Office solely for the purposes identified in Exhibit A. In addition, the following conditions were imposed by the Committee for use of the grant funding: . Grant funding shall be used specifically to fund law enforcement service in the area impacted by the San Manuel Indian Bingo and Casino. 2. Source and Scoue of Fundlnll This grant award ("Agreement") is valid and enforceable only if sufficient funds are available to the Committee from the State of California's Indian Gaming Special Distribution Fund for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the State of California, which may affect the provisions, terms, or funding of this Agreement in any manner. It is mutually agreed that if the State does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds, The Committee retains the option to amend this Agreement to reflect any reduction of funds, The grant funds shall be disbursed directly to the Grantee by the State Controller's Office. 3. Term of Allreement The term of this Agreement shall be from July 1,2005 through June 30, 2006. Funding is for one year only. There is no commitment for future years. v ~_""'" ""w,~",,,,,^>""~''''.' "'0-" 'rn'.'~.o,~'- ""-- ,-~""''> .'" ~"'''''''n.','' 2005-231 Indian Gaming Local Community Benefit Commincc Grant Agrccmcnt for 2004/05 funds Page 2 of4 4. Restrictions on Use of Grant Funds As required by SB 621, grant funds shall not be used for any purpose that would support or fund, directly or indirectly, any effort related to opposition or challenge to Indian gaming in the state and, to the extent any awarded grant is utilized for any prohibited purpose by any local government, upon notice given to the County by any tribe from whose Individual Tribal Casino Account the awarded grant went toward that prohibited use, the grant shall terminate immediately and any monies not yet used shall again be made available for qualified nexus grants to other grantees, 5. Notice To the Public As required by SB 621, Grantee shall provide notice to the public, either through a slogan, signage, or other mechanism, which states that the local government project has received funding from the Indian Gaming Special Distribution Fund and which further identifies the particular Individual Tribal Casino Account from which the grant derives; for this grant the Individual Tribal Casino Account is that of the San Manuel Band of Mission Indians. 6. Documentation of EXDendltureslCommittee Uodates Grantee shall provide in detail a written accounting of all actual expenditures of the grant funds provided under this Agreement. Grantee shall submit this documentation to the County Administrative Office by February 15, 2006, using actual data available to date and estimated data for the remainder of the grant period, and again by July 31, 2006, using actual data for the entire grant period. Grantee shall provide the Committee project updates on the implementation status of the project (approximate time frame July/August 2005) and during the next year's grant application process (approximate time frame March/April 2006). 7. Administrator of Al!I"CCment The County Administrative Office of the County shall administer this Agreement on behalf of the Committee and the County, and Mayor of the City of San Bernardino shall administer it on behalf of Grantee. 8. Notice All notices shall be served in writing. The notices shall be sent to the following addresses: County: County Administrative Office County of San Bernardino Attn: Patricia Cole 687 North Arrowhead Avenue, Fifth Floor San Bernardino, CA 92415-0122 ~- 9. Audit and InsDections of Records Grantee shall maintain records and documentation necessary to comply with a required State audit every three years. Grantee shall cooperate with County in the implementation, monitoring, and evaluation of this Agreement and comply with any and all reporting requirements established by County and/or State, and agreed upon by the parties. Availability of Records: All fiscal, statistical, and management books and records shall be available for examination and/or audit by the County, and/or State representatives for a period of five (5) years following the close of the fiscal year in which this Agreement is in effect or until all pending County and/or State audits are completed, whichever is later, \ \. _"~"~'..'.O<'~ ..,.,~. ._., " ........._.~ c'....... ''', 2005-231 Indian Gamine Local Community Benetit Comminee Grant Agreement for 2004105 funds Page 3 of4 10. Termination of Al!reement for Cause If Grantee fails to perfonn its obligations according to this Agreement, the grant shall tenninate immediately and any monies not yet used shall be retumed to the County Administrative Office within 30 days of receipt of a written notice from the County. The County may also seek any and all legal and equitable remedies available to it against Grantee for breaching this Agreement. II. Termination for Convenience of Grantee Grantee may tenninate this Agreement at any time by giving written notice to the County Administrative Office of such tennination and specifying the effective date thereof at least 60 days before the effective date of such termination. On or before the date of tennination, Grantee shall provide the County Administrative Office with documentation of grant expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to the County all funds under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as detennined by the County Administrative Office, as of the effective date of tennination. lZ. Assil!nment Grantee shall not assign or transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the County. 13. Independent CaDaclty (Non-County Al!encles Onlv) In the performance of this Agreement, Grantee and its agents, employees and volunteers shall act in an independent capacity, and not as officers, employees, agents or volunteers of the County. This Agreement does not create an employment relationship between Grantee and the County. 14. Defense and Indemnity (Non-County Al!endes OnM County shall not be liable for, and Grantee shall defend and indemnify County and its officers, agents, employees and volunteers (collectively "County Parties") against any and all claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected to the provision of funds and/or Grantee's use of funds under this Agreement arising either directly or indirectly from any act, error, omission or negligence of Grantee or its officers, employees, agents, contractors, licensees or servants, including without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive, of County Parties. Grantee shall have no obligation, however, to defend or indemnify County Parties from a Claim if it is detennined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of County Parties. 15. Governinl! Law This Agreement shall be construed and interpreted according to the laws of the State ofCalifomia. 16. ComDlete Al!reement This Agreement constitutes the entire agreement between Grantee and County regarding the subject matter contained herein. All other representations, oral or written, are superseded by this Agreement. Neither party is relying on any representation outside of this Agreement. This Agreement may be changed only by written amendment signed by both parties. \\ --'~-'.' ",..""., ~<<"".. .-. ~.' ,c ~" "A'"',,, 2005-231 Indian Gamina Local Community Benefit Committee Grant Aareement for 2004105 funds Page 4 of 4 17. Waiver The failure of either party to enforce any term, covenant or condition of this Agreement shall not be construed as a waiver of that party's right to subsequently enforce this, or any other term, covenant, or condition of this Agreement. No waiver shall be deemed effective unless the waiver is expressly stated in writing and signed by the party waiving the right or benefit. WHEREFORE, the parties each freely and voluntarily agree to all of the terms and conditions recited above. COUNTY OF SAN BERNARDINO B, ~/I ~ Date: V'J..cpr Mark Uffer County Administrati ve Officer (GRANTEE) Approved as to form and legal content James F. Penman, City Attorney '\\, ~-____w' ---__E__--'- --"""""--b_-"~ 20C San Bernardino County Indian Gaming Local Community Benefit Committee Grant Application (2004105) Name of jurisdiction: City of San Bernardino Project Title: SB 621 - Police Officers 9 Brief Project Description: Continued funding of five police officer positions with the additlo one officer. Continued funding of one police sergeant and the addition of one corporal/detective position. Also the funding of equipment. Amount of mitigation funding requested for this project: $ 936.060,00 Contact Person: Phone: Fax: E-mail Address: Peaai Hazlett 909.384.5133 909.384.5067 hazlett oe@sbcitv.ora Grant Type Type of grant for which you are applying: (a project may qualify for more than one category) ~ 60% Nexus Grant Category - Local jurisdictions impacted -by tribal casinos paying into the Special Distribution Fund and that meet a minimum of two criteria listed below qualify for this grant category. (Local jurisdictions may qualify for both the 60% and the 20% categories.) Please check the letters that apply: (must meet a minimum of two nexus criteria) o a. City, County, or Special District jurisdiction that borders the tribal lands on all sides; o b. City, County, or Special District jurisdiction that partially borders tribal lands; o c. City, County, or Special District that maintains a highway, road, or other thoroughfare that is the predominant access route to a casino that is located within 4 miles; . Name and location of highway, road or other thoroughfare maintained: - _Victoria & Lynwood ~ d. All or a portion of the City. County, or Special District jurisdiction that is iocated within 4 miles of the casino. Funding for this grant category will be awarded based upon the number of criteria met by the local jurisdiction. Within each funding level the funding will be distributed in equal proportions to qualifying local jurisdictions. If a local jurisdiction qualifies at the 4 nexus funding level, then they also qualify at the 3 and 2 nexus funding levels. If a local jurisdiction qualifies at the 3 nexus funding level, then they also qualify at the 2 nexus funding level. V' 50% of funding awarded to jurisdictions meeting all 4 nexus test criteria V' 30% of funding awarded to jurisdictions that meet 3 of the nexus test criteria V' 20% of funding awarded to jurisdictions that meet 2 of the nexus test criteria 181 20% Non-Nexus Grant Category - Local jurisdictions impacted by tribal casinos paying into the Special Distribution Fund qualify for this grant category. (Local jurisdictions may qualify for both the 60% and the 20% categories.) 181 20% Non-Paying Non-Nexus Grant Category - Local Jurisdictions impacted - by tribal casinos that do not pay into the Special Distribution Fund qualify for this grant category. Also, one-time capital projects or countywide projects that mitigate the impact of tribal casinos qualify for this grant category. '"'lliilm~r-'''CF'~'CC'c ""?".""?,,,,,c._~~,",,~",,.,, ' ',.w , , 2005-231 San Bernardino County Indian Gaming Local Community Benefit Committee Grant Application (2004/05) Page 2 of 3 Proiect DescriDtion Complete description of the project, including the effects it will have on the specific casino impacts described below. See attachment 'A' Proiect Costs What is the total cost of the project? $ 936.060.00 Amount of mitigation funding requested for this project: $ 936.060.00 Grant request is: 2S single-year grant _ multi-year grant (specify number of years) Name other sources of funding that will be contributed to the project and the amount provided by each source: None Estimated project costs (attach additional information, if necessary): See attachment 'B' What is the project time frame? Julv 1. 2005 to June 30. 2006 Will the project be competitively bid? 0 Yes [g]NO Is the project subject to Public Works requirements? 0 Yes 18I No Given the limitation of funding, please provide information for the Committee on the effect to the project if the Committee approves a reduced grant amount. Is the project still viable? Identify, if possible, project breakpoints that the committee could consider. Project will still be viable if funding is reduced. Please see budget for line items/breakpoints. Impacts of Tribal Casino Describe the impacts associated with the Tribal casino and/or gaming (please include historical data, if available). See attachment """"" " ::"":"':1""'~ 0 C" ",," " r" ~4"""ij "T'~''"'"""~'''~'"" "'~e"'r'"" , , ..._.__~___""m." 2005-231 San Bernardino County Indian Gaming Local Community Benefit Committee Grant Application (2004/05) Page 3 of 3 Mitigation funding is desired for impacts associated with: San Manuel Indian Casino and (Casino Name) How will your project mitigate the impacts associated with the Tribal casino" and/or gaming described above? Provide law enforcement to the non-reservation areas surrounding the casino. Project mitigates the following priorities (check all that apply): 181 Law enforcement D Fire services D Behavioral Health D Child care programs D Other (briefly describe) D Environmental impacts D Emergency medical services D Recreation & Youth programs D Planning & adjacent land uses D Waste disposal D Water supplies D Public Health D Roads Grant Reauirements . To be considered for funding, this grant application will be reviewed by and must receive Tribal sponsorship from the Tribe that pays into the Indian Gaming Special Distribution Fund. . Approved grant applications will require: o Approval by local jurisdictions of an agreement with the County of San' Bernardino, acting on behalf of the Committee. o Project updates and required reports to be submitted to the Committee. . As required by California Government Code section 12715(i), a local jurisdiction that is a recipient of a grant shall provide notice to the public, either through a slogan, signage, or other mechanism, which states that the local government project has received funding from the Indian Gaming Special Distribution Fund and which further identifies the particular Individual Tribal Casino Account from which the grant derives. Local Jurisdiction Information Legal address of jurisdiction: City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 95-6-000-772 ,/u/ Authorized Signature of Applicant (Please print and sign) Mayor Title ! ( January 20. 2005 Date ~'''>~,~' T""'" ""'" ,""'''''' " , 'TT' "", p,'"" -"'''''~- , . i005-231 Attachment 'A' OTY OF SAN BERNARDINO - SB 621 POLICE OFFICERS Project Description Section 12012.85 of the Government Code provides that funding deposited into the Indian Gaming Special Distribution Fund are available for specified purposes, including grants for the support of local government agencies impacted by tribal gaming. Funding is deposited into each county's County Tribal Casino Account by a defined formula. The State Controller, acting in consultation with the California Gaming Control Commission, then divides the County Tribal Casino Account into Individual Tribal Casino Accounts for each tribe that operates a casino within the county based. The amount is based on the percentage that each individual tribe paid in the prior fiscal year to the Indian Gaming Special Distribution Fund. In FY 2004/05, the City of San Bernardino, on behalf of the police department, was the recipient of an Indian Gaming Local Conununity Benefit grant in the amount of $578,501.95 from the Indian Gaming Special Distribution Fund. Grant funding was used to mitigate the impact of the San Manuel Band of Mission Indians' casino. Using grant funding, the police department deployed two additional police officers each day, seven days a week to patrol and respond to calls for service in the area surrounding the casino. To acconunodate this deployment, the police department added five additional police officer positions to the table of organization. One police sergeant's position was added to maintain the appropriate, one supervisor for each five officers ratio required for adequate field supervision. Additionally, grant funding was used to purchase two marked police units. For FY 2005/06, the police department will apply for $936,060 in grant funding from the Indian Gaming Special Distribution Fund. Grant funding will be utilized to fund the following items: . Continuing salary and benefits for five (5) police officer positions added in FY 2004/05. . Continuing salary and benefits for one police sergeant position added in FY 2004/05. . Salary and benefits for one additional police officer (for a total of six police officer positions) for FY 2005/06. . Salary and benefits for one corporal/detective position for FY 2005/06. . Purchase and equip one unmarked detective vehicle. . Purchase eight Handie-Talkie portable radios for grant personnel. . Purchase eight digital recorders for grant personneL . Purchase a traffic radar trailer for deployment around the San Manuel casino. . Purchase and install grant required signs in the impacted areas. These expenditures are included in the proposed grant budget and budget narrative (Exhibit B). _""",,~~!-~~;,:~"'~"7:":"21iC't;_,~::~~""';:>J'~-""':"'f"'~'-'C'"'=--"~=,,,,,"=,,,,,",,,-..,. . , ..... . 2005-231 Attachment 'B' SAN BERNARDINO POLICE DEPARTMENT FY 05/06 INDIAN GAMING LOCAL COMMUNITY BENEFIT GRANT LINE ITEM BUDGET Description ~ (6) police officers (P-l's) $567,410 (1) police corporal/detective (P-2) 123,750 (1) police sergeant (P-3) 138.100 Total personnel costs $829,260 Grant required signs to be posted in impacted areas $ 500 Total Maintenance & Operations $ 500 (1) fully equipped, unmarked unit with MDC $ 37,400 (S) handi-talkie (HT) portable police radios and battery chargers 38,400 (1) electronic message board trailer 26,500 with integrated speed radar (8) digital voice recorders 4.000 Total capital outlay $106,300 TOTAL GRANT BUDGET $936,060