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Home My WebLink About2009-160 1 RESOLUTION NO. 2009- 2009-160 2 RESOLUTION OF THE MA YORAND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING THE OBLIGATION AND EXPENDITURE OFTHE ALLOCATED FY 2009/10 JUSTICE ASSISTANCE GRANT (JAG) FUNDS AND 4 EXECUTION OF A JAG INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The City Manager or his designee is hereby authorized to obligate and 9 expend the allocated Justice Assistance Grant (JAG) monies in the amount of $244,563 from the 10 U.S. Department of Justice, Bureau of Justice Assistance, for law enforcement support 11 expenditures as outlined in the attached Expenditure Plan submitted by the Chief of Police, 12 marked Exhibit "A" and by this reference made a part hereof. 13 SECTION 2. The Mayor and Common Council of the City of San Bernardino hereby 14 authorize the Mayor to execute the JAG grant Interlocal Agreement between the City of San 15 Bernardino and County of San Bernardino and other local entities named therein in the form 16 attached hereto, marked Exhibit "B" and by this reference made a part hereof. 1 7 SECTION 3. The authorization granted hereunder shall expire and be void and of no 18 further effect if the Memorandum of Understanding is not executed by both parties and returned 19 to the Office of the City Clerk within one hundred and twenty (120) days following the effective 20 date ofthis resolution. 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III 2009-160 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE OBLIGATION AND EXPENDITURE OF THE 2 ALLOCATED FY 2009/10 JUSTICE ASSISTANCE GRANT (JAG) FUNDS AND EXECUTION OF A JAG INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN 3 BERNARDINO AND COUNTY OF SAN BERNARDINO. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint 6 and Common Council ofthe City of San Bernardino at a regu] ar meeting thereof, held on 7 the ...l2..day of June 8 COUNCIL MEMBERS: 9 ESTRADA 10 BAXTER 11 BRINKER 12 SHORETT 13 KELLEY 14 JOHNSON 15 MC CAMMACK 16 17 18 , 2009, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT ----L ----L X X X X X ~~h.~ Ra el Clark, City Clerk The foregoing Resolution is hereby approved thisl~ day of ~ ,2009. 19 20 21 ~ C J. M 'Mayor 22 f San Bernardino 23 Approved as to form: 24 JAMES F. PENMAN, City A torney 25 26 27 28 San Bernardino Police Department FY 09/10 Justice Assistance Grant Line Item Budget 001-219-50xx 001-221-50xx Subtotal Less: 123- FY 2008/09 JAG rant allocation $ $ 35,384 244,563 Net General Fund Needs EXHIBIT A REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION July 21, 2009 FROM: BILL ABERNATHY, Chairman Law and Justice Group Administration SUBJECT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM APPLICATION RECOMMENDATIONIS} 1. Approve an application, in the amount of $1,103,496, submitted to the U.S. Department of Justice, Bureau of Justice Assistance for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program, from October 1, 2008 through September 30, 2012. 2. Approve an Interlocal Agreement (MOU) (Agreement No. 09-743) between the County, the Town of Apple Valley, and the Cities of Adelanto, Barstow, Chino, Chino Hills, Colton, Fontana, Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Twentynine Palms, Upland and Victorville, as is required to receive funds from the JAG. 3. Ratify the action of the Chairman approving the MOU between the County of San Bernardino, the Town of Apple Valley, and the Cities of Adelanto, Barstow, Chino, Chino Hills, Colton, Fontana, Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Twentynine Palms, Upland and Victorville, and authorizing the Law and Justice Group to submit the JAG application, in the amount of $1,103,496, for the period October 1, 2008 through September 30,2012. (Affected Districts: All) (Presenter: Bill Abernathy, Chairman, 387-3617) 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 FY2009 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. Awards 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. Units of government must meet a minimum threshold amount of $10,000 to receive a JAG award. Page 1 of 3 cc: L&J-Morales w/2 apps & 2 MOU's US DOJ c/o L&J w/app & MOU ACR-Accts Payable Mgr w/app & MOU EBIX-BPO c/o Risk Mgmt w/app & MOU L&J-Abemathy Co. Counsel-Singley CAO-Rocha CAO-Valdez File app w/agree ed 8/3/09 ITEM 043 AYE 4 AYE 5 BY Rev0708R1 DATED: July 21, 2009 BOARD OF SUPERVISORS FY09 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT APPLICATION JULY 21, 2009 PAGE20F3 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 Town of Apple Valley, and the Cities of Adelanto, Barstow, Chino, Chino Hills, Colton, Fontana, Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Twentynine Palms, Upland and Victorville as disparate jurisdictions; therefore, a joint application for the aggregate funds is recommended for approval. JAG requires disparate jurisdictions to enter into a MOU that outlines who will serve as the applicant/fiscal agent for the joint funds by July 9, 2009. If not, the application will not be accepted and funds will be disbursed elsewhere. The proposed MOU meets the JAG requirement and provides for the County of San Bernardino Law & Justice Group to serve as the applicant/fiscal agent, to administer grant funding. A five percent (5%) administrative fee ($55,175) will be retained by the County for use by the Law and Justice Group (Department). The County will be responsible for tracking performance measures, preparation and submittal of financial reports, budget review, evaluation of expenditure plans, and the coordination of all pass through amounts. The MOU provides for the pass-thru of funds to the Town of Apple Valley, and the Cities of Adelanto, Barstow, Chino, Chino Hills, Colton, Fontana, Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Twentynine Palms, Upland and Victorville in the amount of $923,091. The balance, $125,230, is available for the County Law and Justice Group departments (Sheriff, District Attorney, Public Defender, Probation, and the Court). The County's Law and Justice agencies (Sheriff, District Attorney, Public Defender, and Probation) propose to use the County's allocation ($125,230) as follows: Public Defender Case Management System ($14,220); District Attorney training for Information Technology staff ($15,000); Photo Lab processor compatible with digital cameras for the Sheriff ($60,000); and a computer risk assessment tool and application called Northpoint COMPAS for the Probation Department ($36,010). The grant application was released on May 22, 2009 and is due July 9, 2009. On June 30, 2009, the Chairman approved the MOU and authorized the Law and Justice Group to submit the grant application online. The Department learned of the grant opportunity on May 25, 2009, which did not allow sufficient time for the participating cities to develop their expenditure plans and approve the MOU before taking the item to the Board for approval prior to the grant submittal deadline. The term of this grant is backdated to October 1, 2008, the beginning of the Federal fiscal year. This allows the County, Town and Cities to claim expenditures during that time frame if necessary. FINANCIAL IMPACT There is no local cost impact related to this item. Overall grant revenue expected to result from this application is $1,103,496, of which $125,230 will be used for County projects. The MOU provides for an additional administrative fee of $55,175, which will be used to offset costs within the Law & Justice Group Administration budget unit (AAA-LNJ), within the four year grant period. 7/21 109 043 BOARD OF SUPERVISORS FY09 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT APPLICATION JULY 21, 2009 PAGE 3 OF 3 No matching funds are required. The Department will return to the board to accept the grant and request appropriations and revenue adjustments when the grant is awarded. REVIEW BY OTHERS This item has been reviewed by County Counsel (Steven J. Singley, Deputy County Counsel, 387-4272) on June 15, 2009; and the County Administrative Office (Arnold Rocha, Administrative Analyst, 387-0275) on June 23, 2009. This item has been coordinated with the County Grants Coordinator (Beatriz Valdez, 387-5301). 7/21/09 043 EXHIBIT "B" INTERLOCAL AGREEMENT BETWEEN THE TOWN OF APPLE VAllEY AND THE CITIES OF ADELANTO, BARSTOW, CHINO, CHINO HillS, COLTON, FONTANA, HESPERIA, HIGHLAND, MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIAlTO, SAN BERNARDINO, TWENTYNINE PALMS, UPLAND, VICTORVlLlE, AND THE COUNTY OF SAN BERNARDINO, CA CONCERNING DISTRIBUTION OF THE 2009 JUSTICE ASSISTANCE GRANT AWARD This Agreement is made and entered into this day of .2009, 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 aforementioned TOWN (hereinafter referred to as ''TOWN") and named CITIES (hereinafter referred to as "CITIES"), acting by and through their respective governing bodies, the Town Council and City Councils, all of whom are situated within the County of San Bernardino, State of California, as follows: WHEREAS; each governing body, in PEilrforrning 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 TOWN and CITIES their respective grant allocation from the JAG Award within sixty (60) days upon receipt qffunds, less five percent (5%) for administrative fees, as reflected on Appendix 1 here attached and hereby incorporated by reference as part of this agreement; and COUNTY agrees to use the five percent (5%) of JAG award funds received from TOWN and CITIES under this agreement for administrative fees toward the administration of TOWN's and CITIES' programs during the entire permissible duration of said programs; and TOWN and CITIES agree to deposit their JAG award funds into a separate trust account in accordance with JAG guidelines; and TOWN and CITIES each agree to the fIVe percent (5%) reduction of their respective grant allocation. from the JAG award, as reflected on Appendix 1 for administrative fees toward the administration of this program; and additionally the TOWN and CITIES each agree that it is their 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 TOWN, CITIES and COUNTY believe it to be in their best interests to reallocate the JAG funds, Page 1 Intertocal Agreement re: 2009 Justice Assistance Grant NOW THEREFORE, the COUNTY and TOWN and CITIES agree as follows: Section 1. COUNTY agrees to release to TOWN and CITIES their respective grant allocation from the JAG Award within sixty (60) days upon receipt of funds, less five percent (5%) for administrative fees, as reflected in Appendix 1 here attached and hereby incorporated by reference as part of this Agreement, and; COUNTY agrees to use the five percent (5%) of JAG award funds received from TOWN and CITIES under this agreement for administrative fees toward the administration of the TOWN's and CITIES' programs during the entire permissible duration of said programs. Section 2. TOWN and CITIES agree to deposit their JAG award funds into a separate trust account in accordance with the JAG guidelines; and TOWN and CITIES agree to the five percent (5%) reduction of their respective grant allocation from the JAG award, as reflected in Appendix 1, for administrative fees toward the administration of this program, and; TOWN and CITIES each agree that it is their responsibility to ensure these funds are expend lid 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. TOWN and CITIES agree to provide COUNTY with sufficient timely information as necessary within five business days after receiving written request from COUNTY to meet JAG requirements for quarterly and annual financial and performance reports. Section 4. Nothing arising from this Agreement shall impose any liability for claims or actions against COUNTY other than what is authorized by law, Section 5. Nothing arising from this Agreement shall impose any liability for claims or actions against TOWN and/or CITIES 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 to any other party to this Agreement for any claim or action arising from the services provided under this Agreement. Page 2 Interlocal Agreement ra: 2009 Justice Assistance Grant 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. ,CA TT unty Board of Supervisors A ATTEST: FORM: Clerk of the Board of Supervisors APPROVED AS TO FORM: *RUTH E. STRINGER County Co n el by: Steven J. Sin 'By law, the County Counsel's Office may only advise or approve contracts or legal documents on behalf of I1s clients. It may not advise or approve a contract or legal document on behalf of other parties. Our 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 3 lnterlocal Agreement re: 2009 Justice Assistance Grant WHEREFORE, all parties freely and voluntarily agree to all of the above terms. AC:~ )I/~ CI Clerk APPROVED AS TO FORM: CitY~~ Page 4 IntaTloesl Agreement re: 2009 Justice Assistance Grant CITY OF BARSTOW, CA Jlab~~(;h./.>4.) City Manager: Richard Rowe ), c City lnterlocal Agreement re: 2009 Justice Assistance Grant . ~ Page 5 CITY OF: C NO'~ S TO CON'rENT: ~ Shan Stewart Chief of police ATTEST: ~.W~ City Clerk. ().. . ft .;z.'i~f)'l APPROVED AS TO FORM: AlA City Attorney I Page 6 Interlacal Agreement re: 2009 Justice Assistance Grant ~HI:: ~t Manager d ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Interlocal Agreement re: 2009 Justice Assistance Grant Page 7 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. C:J:~" C' ager ATTEST: ~e. r€mM feMe{ ~ ~ City Clerk ~~~M City Attorn 'J)~/"1l ~ /tbc~t",", I e:SQ... Page 6 Interlocal Agreement re: 2009 Justice Assistance Grant ATT~)~ City Clerk APPe~ cify Attorney Inter10cal Agreement re: 2009 Justlce Assistance Grant Page 9 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. Ci ~EST: ~,'&~\I ~~ City Clerk APPZ-17::- City Attorney Page 10 Intertocal Agreement re: 2009 Justice Asslstanco Grant IGHLAND, CA c----.. ATTEST: CfIJ~~ City Clerk APPROVED AS TO FORM: City Attorney Page 11 Interlocal Agreement re: 2009 Justice Assistance Grant 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. lnterlocal Agreement re: 2009 Justice Assistance Grant COUNTY OF SAN BERNARDINO, CA GARY C. OVITT Chairman, County Board of Supervisors ATTEST: Clerk of the Board of Supervisors APPROVED AS TO FORM: *RUTH E. STRINGER County Counsel by: Steven J. Singley, Deputy Page 3 CITY OF ONTARIO, CA fj~'f ATTEST: \l1;au'P~~ City Clerk APPROVED AS TO FORM: ~[~ City Attorney Page 13 Interlocal Agreement re: 2009 Justice Assistance Grant CITY OF o -11-~r :r , l'U i , -r City · I,,. l.r ~ APPROVED AS TO FORM: ~~ ~~. )afty Attorney' . Page 14 lnterlocal Agreement re: 2009 Justice Assistance Grant CITY OF REDLANDS, CA av_bd///~ Ma~ ATTEST: C~ ~U;J APPROVED AS TO FORM: ~~ City Attorne Page 15 Interlacel Agreement re: 2009 Justice Assistance Grant CITY OF RIA~ City Administr or A:i ~ ~ '-1A 4 AA(;J.w C' lerk 'CJ City Page 16 lnterlocal Agreement re: 2009 Justice Assistance Grant ) 2009-160 CITY OF SAN BERNARDINO, CA ~r-Ji>~"'"'I> MayoU ATTEST: (2.-1'.1.1 h.~ C~~-'-<A. APPROVED AS TO FORM: James F. Penman, City Attorney Page 17 Interlocal Agreement re: 2009 Justice Assistance Grant ATTEST: ObA~<!'. ,__ )fwt~ City Clerk APPROVED AS TO FORM: City Attorney Page 18 Interlocal Agreement re: 2009 Justice Assistance Grant CITY F UPLAND, CA f _ ATTEST: ~~ City Clerk - Page 19 InterJocal Agreement re: 2009 Justice Assistance Grant CITY OF VICTORVILLE, CA ~~.~ ' Manager ATTEST: U~ City Clerk Page 20 Interlocal Agreement re: 2009 Justice Assistance Grant 2009 Justice Assistance Grant APPENDIX 1 Pass Thru Jurisdiction Name JAG 5%Admin Fee Amount I'delanto $ 14,960 $ 748 $ 14,212 ppple Valley Town $ 29,649 $ 1,482 $ 28,167 Barstow City $ 35,355 $ 1,768 $ 33,587 Chino City $ 25,832 $ 1,292 $ 24,640 Chino Hills $ 11,605 $ 580 $ 11 ,025 Colton City $ 33,003 $ 1,650 $ 31,353 Fontana City $ 96,119 $ 4,806 $ 91,313 Hesperia $ 30,305 $ 1,515 $ 28,790 Highland City $ 29,264 $ 1,463 $ 27,801 Mmtclair City $ 27,451 $ 1,373 $ 26,078 Ontario City $ 105,295 $ 5,265 $ 100,030 Rancho Cucamonga City $ 42,797 $ 2,140 $ 40,657 Redlands CIl~ $ 38,247 $ 1,912 $ 36,335 Rlalto City $ 87,097 $ 4,355 $ 82,742 San Bernardino City $ 257,435 $ 12,872 $ 244 ,583 San Bernardino County $ 131,821 $ 6,591 $ 125,230 Twenlynine Palms $ 10,950 $ 548 $ 10,403 Upland City $ 32,502 $ 1,625 $ 30,877 \tIctorvllle City $ 63,809 $ 3,190 $ 60,619 $ 1,103,496 $ 55,175 $ 1,048,321 Page 21 Interlocal Agreement re; 2009 Justice Assistance Grant