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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Keith L. Kilmer, Chief ofpolice
Dept: Police
Date: June 27, 2011
Subject: Resolution of the City of San
Bernardino authorizing the obligation and
expenditure of the allocated FY 2011-12
Justice Assistance Grant (JAG) funds and
execution of a JAG Interlocal Agreement
between the City of San Bernardino and
County of San Bernardino.
Council Date: July 18,2011
Synopsis of Previous Council Action:
05/19/2010 Resolution #2010-111 approved.
06/16/2009 Resolution #2009-160 approved.
07/09/2008 Resolution #2008-266 approved.
06/18/2007 Resolution #2007-196 approved.
02/08/2006 Resolution #2006-39 approved.
03/21/2005 Resolution #2005-69 approved.
11/06/2004 Resolution #2004-381 approved.
11/20/2003 Resolution #2003-309 approved.
11/06/2002 Resolution #2002-354 approved.
Recommended Motion:
Adopt Resolution.
It, /l~(__
Keith L. Kilmer, Chief of Police
Contact person: I"lie len<en-Acimini<trMive An"ly<t II Phone: (9091 ,~4-'ih94
Supporting data attached:
Yes
Ward: All
FUNDING REQUIREMENTS:
Amount:
$176,199 Grant Revenue
Source: l'"_XXX~ gr!.lnt fund to hp pd!.lhlh:hpri
Council Notes:
Finance:
Agenda Item No.
3{)
01-'Y-~"
STAFF REPORT
To:
Honorable Mayor and Members of the Common Council/Community
Development Commission
From:
Keith L. Kilmer, Chief of Police
Subject:
Resolution of the City of San Bernardino authorizing the obligation and
expenditure of the allocated FY 2011-12 Justice Assistance Grant (JAG) funds
and execution of a JAG InterlocaI Agreement between the City of San Bernardino
and County of San Bernardino.
Backl!round:
At President Bush's request, Congress consolidated the Byrne Grants and LLEBG into a
single program known as the Edward Byrne Memorial Justice Assistance Grant GAG) in
order to streamline funding and grant administration. Grant funding is allocated based on a
formula that includes population and a three-year average of reported violent crime for each
jurisdiction. This grant does not require matching funds. For FY 2011-12 the City of San
Bernardino's allocation is $176,199. This amount is $39,065 less than last year's JAG
allocation of $215,264. The San Bernardino Police Department has used the JAG
appropriation to pay for four civilian positions over the past 8 years.
The City of San Bernardino has been designated as a disparate jurisdiction, which is defined as
a city receiving one-and-one-half times the County allocation, and is required to file a single
joint application with the County of San Bernardino. The County Law & Justice Group has
served as the grant administrator and fiscal agent for JAG program funds and charges each
recipient a 5% administrative fee. The FY 2011-12 administrative fee of $9,274 was deducted
from the total award of $185,473 reducing the City's funding to $176,199. The County Law
& Justice Group has prepared an Interlocal Agreement between the City of San Bernardino
and County of San Bernardino, identifying the County Law & Justice Group as the grant
administrator and fiscal agent and detailing JAG grant administration and billing procedures.
The JAG grant budget narrative and two original signed agreements are due to the San
Bernardino County Law & Justice Group by July 21,2011.
In FY 2010-11 the department used JAG funds to cover 76% of the salary and benefits costs of
one Forensic and Property Manager and three Dispatcher I/ll's. In FY 2011-12 the
department will utilize grant funds to pay for 64% of the salary and benefits of the Forensic
Supervisor (position was downgraded to supervisor in FY 2010-11) and three Dispatch
positions with the General Fund covering $100,062 or 36% of the salary and benefits totaling
$276,261. These are the same positions that have been funded in previous years.
Financial ImDact:
FY 2011-12 JAG grant funds will be used to offset the personnel costs of four civilian police
positions that are existing and filled. Grant funds will provide 64% of the total salary and
benefits with the General Fund covering $100,062 or 36% of remaining costs, including any
overtime expenditures for the three dispatcher positions.
.' ActouhtNu"KJOlf'j2""i
,..:--,;'-;:>::~::. !'~:r~"1:m;Jf\';lf.'/;:Y;~~-':'~i{
001-210-5011-0000-0083
001-210-5011-0000-0084
Subtotal
Less:
123-XXX-5011-0083
Net General Fund
Recommendation:
Adopt Resolution.
$ 176,199
FY 2011-12 JAG rant allocation
$
100,062
RESOLUTION NO.
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 OBLIGATION AND EXPENDITURE OF THE ALLOCATED FY 2011-12 JUSTICE
ASSISTANCE GRANT (JAG) FUNDS AND EXECUTION OF A JAG INTERLOCAL
3 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF
4 SAN BERNARDINO.
5
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 $176,199 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 Police Chief or his designee is hereby authorized and directed to
execute and administer on behalf of the City said Grant upon award.
SECTION 3. Be it further resolved that grant funds received hereunder shall not be
used to supplant expenditures controlled by this body.
SECTION 5. It is also agreed that this award is not subject to local hiring freezes.
III
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1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 OBLIGATION AND EXPENDITURE OF THE ALLOCATED FY 2011-12 JUSTICE
ASSISTANCE GRANT (JAG) FUNDS AND EXECUTION OF A JAG INTERLOCAL
4 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF
SAN BERNARDINO.
5
6
7
8
9
10
11
12
13
14
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting
thereof, held on the _ day of
, 20 II, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
MARQUEZ
VACANT
BRINKER
SHORETT
15
16
17 JOHNSON
18
19
KELLEY
MCCAMMACK
20
21
22
23
24
25
Approved as to form:
26 JAMES F. PENMAN,
27 City Attorney
28
Rachel G. Clark, CMC, City Clerk
day of
,201 I.
The foregoing resolution is hereby approved this
Patrick J. Morris, Mayor
City of San Bernardino
Exhibit A
San Bernardino Police Department
FY 11/12 Justice Assistance Grant
Line Item Budget
001-210-50XX-0000-0083
001-210-50XX-0000-0084
Subtotal
Less:
FY 11/12 JAG allocation
$
$
100,062
176,199
Net General Fund Needs
INTERLOCAL AGREEMENT
BETWEEN THE TOWN OF APPLE VALLEY, THE CITIES OF ADELANTO, BARSTOW,
CHINO, COLTON, FONTANA, HESPERIA, HIGHLAND, MONTCLAIR, ONTARIO, RANCHO
CUCAMONGA, REDLANDS, RIAL TO, SAN BERNARDINO, UPLAND, VICTORVILLE,
AND THE COUNTY OF SAN BERNARDINO, CA
CONCERNING DISTRIBUTION OF THE
2011 JUSTICE ASSISTANCE GRANT AWARD
This Agreement is made and entered into this day of , 2011, 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 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 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 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,
NOW THEREFORE. the COUNTY and TOWN and CITIES agree as follows:
Page 1
Interlocal Agreement re: 2011 Justice Assistance Grant
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 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.
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
Section 7.
Page 2
lnterlocal Agreement re: 2011 Justice Assistance Grant
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.
TOWN OF APPLE VALLEY, CA
COUNTY OF SAN BERNARDINO, CA
City Manager
Josie Gonzales
Chair, County Board of Supervisors
ATTEST:
ATTEST:
City Clerk
Clerk of the Board of Supervisors
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
. Jean-Rene Basle
County Cou el
by:
Steven J. Singley,
~)I
*By law, the County Counsel's Office may only ;:tdvise or approve contracts or legal documents on behalf of its 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
Interlocal Agreement re: 2011 Justice Assistance Grant
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
CITY OF ADELANTO, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Page 4
Interlocal Agreement fe: 2011 Justice Assistance Grant
CITY OF BARSTOW, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Page 5
lnterlocal Agreement ra: 2011 Justice Assistance Grant
CITY OF CHINO, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Page 6
Interlocal Agreement ra: 2011 Justice Assistance Grant
CITY OF COLTON, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Page 7
Interlocal Agreement re: 2011 Justice Assistance Grant
CITY OF FONTANA, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF HESPERIA, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Page 8
lnterlocal Agreement re; 2011 Justice Assistance Grant
CITY OF HIGHLAND, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Page 9
Interlacal Agreement re: 2011 Justice Assistance Grant
CITY OF MONTCLAIR, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Page 10
tnterlocal Agreement re: 2011 Justice Assistance Grant
CITY OF ONTARIO, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Page 11
Interlaca! Agreement ra: 2011 Justice Assistance Grant
CITY OF RANCHO CUCAMONGA, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Page 12
lnterlocal Agreement re: 2011 Justice Assistance Grant
CITY OF REDLANDS, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Page 13
Interlocal Agreement re: 2011 Justice Assistance Grant
CITY OF RIAL TO, CA
City Administrator
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Page 14
lnte'rlocal Agreement re: 2011 Justice Assistance Grant
CITY OF SAN BERNARDINO, CA
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
,~
Page 15
lnterlocal Agreement re: 2011 Justice Assistance Grant
CITY OF UPLAND, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Page 16
lnterlocal Agreement re: 2011 Justice Assistance Grant
CITY OF VICTORVILLE, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Page 17
Interlocal Agreement fe: 2011 Justice Assistance Grant
2011 Justice Assistance Grant
APPENDIX 1
Jurisdiction
San Bernardino County
, Adelanto
Apple Valley
Barstow
Chino
conon
Fontana
Hesperia
Highland
Montclair
Ontario
Rancho Cucamonga
Redlands
Rialto
San Bernardino City
Upland
Victorville
$
, '$
$
$
$
$
$
$
,$
$
$
$
$
$
$
$
$
$
Page 18
lnterlocal Agreement re: 2011 Justice Assistance Grant
Formula-based
Allocation
113,304 $
18,450 $
26,405 ' $
27,948 $
18,148 $
22,262 $
79,337 $
27,071 $
24,833 $
20,084 , $
74,649 $
33,665 $
23,865 $
55,fl66 $
185,473 $
18,150 $
64,304 $
834,114' $
5% Admin Award
Fee Amount
5,665 , $ 107,6,39
923 ,$ 17,528.
1,320 , $ 25,085'
1,397 ,$ 26,,551
907 '$ 17,241 ,
1,113, $ 21,149.
3,967 '$ 75,370
1,354 $ 25,717
1,242 $ 23,591
1,004 $ 19,080
3,732 70,917
1,683 $ 31,982
1,193 $ 22,672
_~,793 ",$. ?3,073
9,274 ' $ 176,199
923, ,,$,17,528
3,215 '$ 61,089'
41,706 $ 792,408