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HomeMy WebLinkAbout2008-266 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 RESOLUTION NO. 2008-266 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE OBLIGATION AND EXPENDITURE OF THE ALLOCATED FY 2008/09 JUSTICE ASSISTANCE GRANT (JAG) FUNDS AND EXECUTION OF A JAG INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager or his designee is hereby authorized to obligate and expend the allocated Justice Assistance Grant monies in the amount of $84,139 from the u.s. Department of Justice, Bureau of Justice Assistance for law enforcement support expenditures as outlined in the attached Expenditure Plan submitted by the Chief of Police (Exhibit "A"). SECTION 2. The Mayor and Common Council of the City of San Bernardino hereby authorize the City Manager to execute the JAG grant lnterlocal Agreement between the City of San Bernardino and County of San Bernardino in the form attached hereto, marked Exhibit Band by the reference made in part hereof. IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII 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 2008-266 RESOLUTION OF THE OTY OF SAN BERNARDINO AUTHORIZING THE OBLIGATION AND EXPENDITURE OF THE ALLOCATED FY 2008/09 JUSTICE ASSISTANCE GRANT GAG) FUNDS AND EXECUTION OF A JAG GRANT INTERLOCAL AGREEMENT BETWEEN THE OTY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a i oint regular meeting thereof, held on the 7th dayof July Council Members: ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON McCAMMACK ,2008, by the following vote, to wit: Ayes Nays ~ X - X X X X - X Abstain Absent ~1h.~ Ra el G. Oark, CityOerk The foregoing Resolution is hereby approved this ~ day of July ,2008. Patrick J. , City of San Bern 2 EXHIBIT "A" San Bernardino Police Department FY 2008/09 Justice Assistance Grant Expenditure Plan Narrative Forensics & Propert;y Manager Since FY 1999/2000, LLEBG GAG) funding has been used to cover the personnel costs of a Forensic Technician III position. The Forensic Specia1ist III supervised both the Identification and Evidence units, comprised of one Administrative Oerk II, (12) Forensic Technician 1/11, three Properry Technician IIII positions. These employees collect, process, store, and safeguard properry and evidence in police custody and protect the deparrment and Gty from liability arising from the mishandling or loss of these items. The Q,mp and Oass study elevated this position to a Forensics & Properry Manager. For FY 2008/09, the salary and benefits of the Forensics and Properry Manager will be approximately $88,335. Additional Dispatchers Since FY 1999/2000, LLEBG GAG) funding has been used to augment staffing in Police Dispatch, providing for three additional dispatcher positions. These positions are essential to maintain quality service for the public and department personnel and handle 9-1-1 calls and other calls for police service. For FY 2008/09, the salary and benefits of the three grant funded Dispatcher II's will be approximately $219,171. FY 2008/09 JAG grant funding will cover $84,139 or 28.3% of the funding for these (4) civilian police positions. The General Fund will pick up the remaining $213,367 or 71.7%. EXHIBIT "A" San Bernardino Police Department FY 08/09 Justice Assistance Grant Line Item Budget 001-219-50xx 001-221-50xx Subtotal Less: 108-786-xxxx FY 2008/09 JAG rant allocation $ $ 213,367 84,139 Net General Fund Needs REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION July 8, 2008 FROM: JAMES B. HACKLEMAN, Chairman Law & Justice Group SUBJECT: JUSTICE ASSISTANCE GRANT APPLICATION RECOMMENDATION: 1. Authorize the Law & Justice Group to electronically submit an application, in the amount of $121,509, to the U.S. Department of Justice, Bureau of Justice Assistance for the Edward Byrne Memorial Justice Assistance Grant (JAG), from October 1, 2007 through September 30,2011. 2. Approve an Interlocal Agreement No.08-793 between the County and the City of San Bernardino concerning distribution of the 2008 Byrne Justice Assistance Grant (JAG) program award, for the period October 1, 2007 through September 30, 2011. BACKGROUND INFORMATION: The U.S. Department of Justice, Bureau of Justice Assistance recently announced the availability of grant funds to state and local units of government through the Edward Byrne Memorial Justice Assistance Grant (JAG). The County has participated in the JAG program since 2005. JAG is a blend of the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) programs. Funds are subject to the availability of appropriated funds. This program allows state and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system. The funding distribution is based on population and crime statistics as well as law enforcement expenditure data. Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated. A disparate allocation occurs when the allocation to one city is more than 150% of the County's allocation, or when the total of all cities combined exceeds 400% of the County's. This year's funding certifies the City of San Bernardino as a disparate jurisdiction. JAG requires disparate jurisdictions to enter into a memorandum of understanding that outlines who will serve as the applicant/fiscal agent for the joint funds by July 8, 2008. If not, the application will not be accepted and funds will be disbursed elsewhere. The Cities of Colton, Fontana, Rancho Cucamonga, Redlands, Rialto and Victorville are eligible for JAG allocations, but are not considered disparate in this round of funding. The remaining cities (Apple Valley, Barstow, Chino, Hesperia, Highland, Montclair and Upland) are not eligible for 2008 JAG allocations. The proposed Interlocal Agreement (MOU) meets the JAG requirement and provides for the County of San Bernardino Law & Justice Group to serve as the applicantlfiscal agent, to administer grant funding on behalf of the City of San Bernardino and the County. The MOU provides for the pass-thru of funds to the City of San Bernardino in the amount of $84,139. The balance, $37,370, is available for the County Law and Justice Group departments (Sheriff, District Attorney, Public Defender, Probation, and the Court). These departments will propose various projects to the Law & Justice Group, in the total amount of $37,370, to use grant funding within the grant's program purpose areas: Pa e 1 of 2 Record of Action of the Board of Supervisors AGREEMENT NO.08-793 APPROVE ALENDAR) B ~p:G~stJP.~ RS C DINO MOTION ABS T~' M SECOND AYE 1 .....: f \ ..z..,:.l\'~,,"; 3:' 'f' 4 5 I '\'KflC"'''''~ 'tE~. cc: L&J-Morales wI Agreement Contractor c/o L&J wI Agreement Periculum c/o Risk Management wI Agreement Auditor-Acct Pay Mgr wI Agreement L&J-Hackleman County Counsel-Surber CAO-Erickson CAO-Valdez File wI Agreement 7/23/2008 jll ITEM 036 BOARD OF SUPERVISORS JUSTICE ASSISTANCE GRANT APPLICATION JULY 8, 2008 PAGE 2 OF 2 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment programs; and 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs. JAG funds may be used to pay for personnel, overtime, and equipment, and no matching funds are required. The Law and Justice Group may use these funds for equipment related purchases or contract services in association with the programs referenced above. If this grant is awarded, the term of the grant will be backdated to October 1, 2007, the beginning of the Federal fiscal year. This allows the County and City to claim expenditures during that time frame if necessary. REVIEW BY OTHERS: This item has been reviewed by County Counsel (Julie Surber, Deputy County Counsel, 387-4119) on June 19, 2008, and the County Administrative Office (Matthew Erickson, Administrative Analyst, 387-3937) on June 25, 2008. This item has been coordinated with Beatriz Valdez, Grants Coordinator, 387-5301 FINANCIAL IMPACT: Overall grant revenue expected to result from this application is $121,509, of which $37,370 will be used for County projects. The MOU provides for the pass-thru of funds to the City of San Bernardino in the amount of $84,139. The balance, $37,370, is available for the County Law and Justice Group departments (Sheriff, District Attorney, Public Defender, Probation, and the Court). These departments will propose various projects to the Law & Justice Group, in the total amount of $37,370, to use grant funding within the grant's program purpose areas. The Department will return to the Board of Supervisors to accept the grant and request appropriations and revenue adjustments when the grant is awarded. SUPERVISORIAL DISTRICT(S): All PRESENTER: James B. Hackleman, Chairman, 382-3662 >,;..' ,< ,';' ..} h, ...,.' :~ , ;;; >t; . ;)0": ,..- " , ,. -~ -'.. 'tit- ....., .(:q.l<.'U'>-~' , " -t'. 7/812008 #36 FAS . Vendor Gode ~<?r~e3 .:L New Deot. - Chanae SC A Cancel County Department Dept. Orgn. Contractor's License No. Law & Justice Group LNJ LNJ County Department Contract Representative Telephone Total Contract Amount Sue Morales 382-7728 $121,509 Contract Type W Revenue o Encumbered o Unencumbered 0 Other: If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount LNJ LNJ 9094 . 2008 JAG 121.509 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount . Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Estimated Payment Total by Fiscal Year FY Amount lID FY Amount I/O 200B JAG 2009 121,509 - - - - FOR COUNTY USE ONL Y County of San Bernardino CONTRACT TRANSMITTAL CONTRACTOR U.S. Department of Justice, Bureau of Justice Assistance Federal 10 No. or Social Security No. Contractor's Representative Stephanie Harris, State Policy Advisor Address 810 7'h Street, NW., Washington, D.C. 20531 Nature of Contract: (Briefly describe the general terms of the contract) Phone (202) 305-8069 The County of San Bernardino and the City of San Bernardino intend to enter into an Agreement (MOUj, which addresses the distribution and administration of grant funds. The MOU provides for the County of San Bernardino Law & Justice Group to serve as the fiscal agent/grant administrator. Specifically, the County will be responsible for the grant application, tracking performance measures, preparation and submittal of financial reports, budget review, evaluation of expenditure plans, and the coordination of all pass through amounts. The County will release to the City of San Bernardino their respective grant allocation from the JAG award within sixty (60) days upon receipt of funds. ~ ~ J as B. Hackleman, Cflairman, Law & Justice roup Date L 3c ,z. "Ofr /' ' Reviewed as to Contract Compliance ted to BOS for Signature Date 2008-266 EXHIBIT "B" INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, CA CONCERNING DISTRIBUTION OF THE 2008 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this ~ day of July , 2008, by and between THE COUNTY OF SAN BERNARDINO, acting by and through its governing body, the Board of Supervisors (hereinafter referred to as "COUNTY"), and the City of San Bernardino (hereinafter referred to as "CITY"), acting by and through its respective governing body, the City Council, situated within the County of San Bernardino County, State of California, as follows: WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, the COUNTY agrees to release to CITY its respective grant allocation from the JAG Award within sixty (60) days upon receipt of funds, as reflected on Appendix 1 here attached and hereby incorporated by reference as part ofthis agreement; and CITY agrees to deposit its JAG award funds into a separate trust account in accordance with JAG guidelines; and additionally the CITY agrees that it is its responsibility to ensure these funds are expended in accordance with JAG guidelines, and that the interest generated from such funds shall be solely applied and expended in accordance with these same JAG guidelines; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds, NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. COUNTY agrees to release to CITY its respective grant ailocation from the JAG Award within sixty (60) days upon receipt of funds as reflected in Appendix I here attached and hereby incorporated by reference as part ofthis Agreement. Section 2. CITY agrees to deposit its JAG award funds into a separate trust account in accordance with the JAG guidelines; and additionally, CITY agrees that it is its responsibility to ensure these funds are expended in accordance with JAG guidelines; and that all interest generated from such funds shall be solely applied and expended in accordance with these same JAG guidelines. Section 3. CITY agrees to provide COUNTY with sufficient timely information on request as necessary for COUNTY to meet JAG requirements for quarterly and annual financial and performance reports. Page 1 2008-266 EXHIBIT "B" Section 4. Nothing in the performance ofthis Agreement shall impose any liability for claims or actions against COUNTY other than what is authorized by law. Section S. Nothing in the performance of this Agreement shall impose any liability for claims or actions against CITY other than what is authorized by law. Section 6. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing ofthe services by any other party. Section 7. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 8. By entering into this Agreement, the parties do not intend to create any obligations, either express or implied, other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. WHEREFORE, all parties freely and voluntarily agree to all of the above terms. ATTEST: Q~," h.~ Rac el G. Clark, CIty Clerk I'.TTES'f. BERNARDINO, CA APPROVED AS TO FORM: r.f~ es F. Penman, City Attorney tVlVl\ erk ofthe *RUTH E. STRINGER County Counsel by: I *By law, the County Counsel's Office may only advise or approve contracts or legal documents on behalf of its clients. It may oat advise or approve a contract or legal document on behalf of other parties. OUT view of this document was conducted solely from the legal perspective of our clients. Our approval of this document was offered solely for the benefit of our clients. Other parties should not rely on this approval and should seek review and approval by their own respective attorneys. Page 2 2008-266 APPENDIX 1 EXHIBIT "B" 2008 BYRNE JUSTICE ASSISTANCE GRANT (JAG) AWARD DISTRIBUTION County of San Bernardino City of San Bernardino Total 2008 JAG Award Page 3 $ 37,370 $ 84.139 $121.509