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HomeMy WebLinkAbout46-police Department CITY OF SAN BERNARDINO - REQUEST FOR COUN(QH..~~A L Date: June 11,2009 Subject: Resolution of the City of San Bernardino ratifying the submittal of a G.RKAT earmark grant application to the Bureau of Justice Assistance (BJA) and authorizing the City Manager to execute an MOU with County Probation to expand the Gang Resistance Education and Training (GREAT.) programs within the San Bernardino City Unified School District MICC Date: July 6, 2009 From: Keith L Kilmer, Chief of Police Dept: Police Department Synopsis of Previous Council Action: 5-7-08 Resolution 2008-148 ratifying the submittal of the 2008 GRKAT grant application. Recommended Motion: Adopt Resolution. 1/ I~Qu. ~ . KJ - ~ KEITH L KILMER, CHIEF OF POLICE Contact person: Capt Theodis Henson Supporting data attached: Yes Phone: 384-5606 Ward: All FUNDING REQUIREMENTS: Amount: Source: $500,000 $500,000 - BJA GREAT Grant (#l23-xxx) Council Notes: Finance ~v d-ooq -:tJ.o7 Agenda Item No. :4:J. 'Ie, 1."-0'1 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution of the City of San Bernardino ratifying the submittal of a G.R.E.A.T. earmark grant application to the Bureau of Justice Assistance (BJA) and authorizing the City Manager to execute an MOU with County Probation to expand the G.R.E.A.T middle school and families programs within the San Bernardino City Unified School District. BACKGROUND The City of San Bernardino received a $500,000 Congressional earmark to expand the existing Gang Resistance Education and Training (G.R.E.A.T.) program within the San Bernardino City Unified School District (S.B.C.U.S.D.). This two-year grant requires no matching funds and has a program start date of September 1, 2009. The 2008 G.R.E.A.T earmark grant (implemented May 2008) established one full-time probation officer to expand G.R.E.A.T. programs within the Operation Phoenix areas. The two-year grant provides G.R.E.A.T training in targeted elementary and middle schools as well as summer and family programs. The school-based services were provided at Martin Luther King, Jr. middle school and four elementary schools (Mt. Vernon, Jefferson Hunt, Parkside and Roosevelt). The award of 2009 earmark funding will allow the San Bernardino County Probation Department to enhance the G.R.E.A.T program by placing two additional Probation Officers in the target areas. A Probation Officer II will provide G.R.E.AT. services at additional middle schools (Del Vallejo, Curtis, Martin Luther King, Jr. and Rodriguez) and provide four family programs. A Probation Officer III will be utilized to expand the G.R.E.A.T summer program and to implement a citywide Youth Intervention/Prevention Panel consisting of City Parks & Recreation, Probation, S.B.C.U.S.D., California State University San Bernardino and faith-based representation. In addition, the Probation Officer III will initiate a tertiary intervention program that will assist SO at-risk G.R.E.AT middle school students with the transition from the eighth grade into high school. The Probation Officer III will also provide relevant training, program oversight and assistance to subordinate officers. The 2009 G.R.E.A.T earmark will provide core middle school G.R.E.A.T. program services to a minimum of 600 middle school students, 60 families and SO at-risk high school students during each year of the grant. The term of the grant is two years, however the City will have up to three years to spend the grant funds. The proposed grant expenditures are outlined in the grant application and are comprised of the following: . Salary and benefits for a full-time Probation Officer II to provide G.R.E.A.T. services to the middle school and family programs. . Salary and benefits for a full-time Probation Officer III to provide G.R.E.A.T summer programs, implement a Youth Intervention/Prevention panel and assist at-risk eighth grade students with the transition into high school. Domestic Travel for mandatory G.R.E.A.T. training conferences. Operating expenses and support items for G.R.E.A.T program participants. . . County Probation has developed a Memorandum of Understanding (attachment "B") that delineates the duties and responsibilities for both the City and Probation Department relative to completing the grant goals and objectives, billing for services and maintaining records needed for progress reports, fmancial reports and audits. FINANCIAL IMPACT The Police Department will use a total of $500,000 in Bureau of Justice Assistance grant funds to enhance G.R.E.A.T. training and programs over two years (2009-2011). There is no cash match or additional General Fund monies required. RECOMMENDATION Adopt Resolution. 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. (CQ)[P1( RESOLUTION OF THE CITY OF SAN BERNARDINO RATIFYNG THE SUBMITTAL OF A G.R.E.A.T. EARMARK GRANT APPLICATION TO THE BUREAU OF JUSTICE ASSISTANCE (BJA) AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN MOU WITH COUNTY PROBATION TO EXPAND THE GANG RESISTANCE EDUCATION AND TRAINING (G.R.E.A.T) PROGRAMS WITHIN THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby ratify the submittal of the G.R.E.A.T. grant application and authorize the Police Departmenr to expend the $500,000 awarded grant funds as outlined in the Grant Expenditure Plan submitted to BJA. SECTION 2. The Mayor and Common Council of the City of San Bernardino hereby authorize the Mayor to execute a Memorandum of Cnderstanding (Attachment "B") with the San Bernardino County Probation Department and pnxide expanded G.R.E.A.T. services within the San Bernardino City Unified School District. IIII IIII IIII IIII IIII IIII IIII IIII r;-6~cJ'1 =# lf6 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 OF THE CITY OF SAN BERNARDINO RATIFYNG THE SUBMITTAL OF A G.R.E.A.T. EARMARK GRANT APPLICATION TO THE BUREAU OF JUSTICE ASSISTANCE (BJA) AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN MOU WITH COUNTY PROBATION TO EXPAND THE GANG RESISTANCE EDUCATION AND TRAINING (G.R.E.A.T) PROGRAMS WITHIN THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT. 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 , 2009, by the following vote, to wit: Council Members: Ayes Nays Absrain Absent ESTRADA BAXTER BRINKER SHORETI KELLEY JOHNSON McCAMMACK Rachel G. Clark, City Clerk The foregoing Resolution is hereby approved this _ day of ,2009. Approved as to Form: Patrick J. Morris, Mayor City of San Bernardino 1.~ s F. Penman, City Attorney 2 Al 1 AUiM1::N l!j MEMORANDUM OF UNDERSTANDING between San Bernardino County Probation Department and City of San Bernardino for G.R.E.A.T. Middles SChools and Families Expansion Program WHEREAS, the San Bemardino County Probation Department (Department), desires to enter into an agreement with the City of San Bernardino (City), in order to expand the Gang Resistance Education and Training (G.R.E.A.T.) Middle Schools and Families Expansion Program; and WHEREAS, City has been allocated funds by the U,S. Department of Justice, Office of Justice Programs' Bureau of Justice Assistance (Bureau); and WHEREAS, City finds the Department qualified to provide the G.R.E.A.T. curriculum and program services; and WHEREAS, City desires that such services be provided by the Department and the Department agrees to perform these services as set forth below; NOW THEREFORE, Department and City mutually agree to the following terms and conditions: Page 1 of 8 ATTACHMENT B TABLE OF CONTENTS I. DEFINITIONS..... ....... ... ....... ... ......... ........... ............ ..... ....... ...... .............. .......... ..... .................................. 3 II. DEPARTMENT SERVICE RESPONSiBILITIES...... ........... ... ... ... ........ ..... ............ ..... ... ..... ...... ......... .... ... 3 III. DEPARTMENT GENERAL RESPONSIBILITIES ......... ..... ... .......... .......... ....... ... ............ ... .............. ..... .... 3 IV CITY RESPONSiBILITIES........... .................... ....... ................ ...... .......... ....... ............... .............. ............. 4 V. MUTUAL RESPONSIBILITIES ................................................................................................................ 4 VI. FISCAL PROViSiONS.............. ................ ...... ................................ ..... ............ ..... .............. ......... ............ 4 VII. RIGHT TO MONITOR AND AUDIT ............................................................................................................5 viii. TERM ........ ................. .... ... ... ...... ..... ... .... ........ ............. ... .................... ........... ........... .... ... .............................. 6 IX. EARLY TERMINATION ..... ... ... ... ......... .................... ............................... ....................................................... 6 X GENERAL PROVISIONS ....................... ................. .............. ........... ....... ................ ...................................... 6 XI. DEFAULT AND REMEDIES..................................... ..........................................................................6 XII. HOLD HARMLESS............................................................................................................................ ............ 7 XIII. CONCLUSiON........................................................................................................................ ...................... 7 ATTACHMENT A - Program Budget Page 2 of 8 I. DEFINITIONS A. Department - San Bernardino County Probation Department B. Bureau - U.S. Department of Justice, Office of Justice Programs' Bureau of Justice Assistance C. G.R.EAT. - Gang Resistance Education And Training program D. Citv Director - Director of the Mayor's Office of Community Safety and Violence Prevention E. MOU - Memorandum of Understanding II. DEPARTMENT SERVICE RESPONSIBILITIES A. The Department will collaborate with the San Bernardino City Unified School District, the San Bernardino City Police (Police), and the California State University, San Bernardino, Schools of Social Work to expand the existing G.R.E.A.T. Middle Schools and Families Expansion Program components. B. The Department will provide G.R.EAT. programs in the Operation Phoenix areas, as designated by the City, with two Probation Officers. III. DEPARTMENT GENERAL RESPONSIBILITIES A. Without the prior written consent of the City, this MOU is not assignable by the Department either in whole or in part. B. The Department agrees not to enter into any subcontracting agreements for work contemplated under the MOU without first obtaining written approval from the City Director. Any subcontractor shall be subject to the same provisions as the Department in add~ion to all contract provisions as required by County. The Department shall be fully responsible for the performance of any subcontractor. C. The Department shall maintain records and books pertaining to the delivery of services under this MOU and demonstrate accountability for MOU performance. Said records shall be kept and maintained within the Department. The City shall have the right, upon reasonable notice and at reasonable hours of business, to examine and inspect such records and books. D. The Department shall adhere to mutually developed grievance procedures with regard to participants' satisfaction. The Department shall provide a system, approved by the City, through which recipients of service will have the opportunity to express and have considered their views and complaints regarding the delivery of services. E. The Department shall protect from unauthorized use or disclosure, the names and other identifying information concerning persons receiving services pursuant to this Contract, except for statistical information not identifying any participant. The Department shall not use or disclose any identifying information for any purpose other than carrying out the Department's obligations under this Contract, except as may be required by law. This provision will remain in force after the termination of the Contract. Page 3 of 8 F. The Department shall ensure that all known or suspected instances of child abuse or neglect are reported to the appropriate law enforcement agency or to the appropriate Child Protective Services agency. These include: 1. Assurance that all employees, agents, consultants or volunteers who perform services under this Agreement and are mandated by Penal Code Sections 11164 et seq. to report child abuse or neglect, sign a statement, upon the commencement of their employment, acknowledging their reporting requirements and their compliance with them. 2. Development and implementation of procedures for employees, agents, consultants, or volunteers who are not subject to the mandatory reporting laws for child abuse to report any observed or suspected incidents of child abuse to a mandated reporting party, within the program, who will ensure that the incident is reported to the appropriate agency. 3. Provision of or arrangement of training in child abuse reporting laws (Penal Code, Sections 11164 et seq.) for all employees, agents, consultants, and volunteers, or verification that such persons have received training in the law within thirty (30) days of employment/volunteer activity. G. The Department shall ensure that all employees, agents, consultants and volunteers in positions where they supervise minors to have passed background checks that comply with Public Resources Code ~ 5164. IV. CITY RESPONSIBILITIES A. The City will reimburse the Department for salary, benefits, related training and travel expenses, and supplies as indicated in the attached approved budget. B. The City Director will support the Probation Officers with necessary information regarding this program. C. The City Director will meet regularly with the Department to report ongoing status of program. D. The City Police will be responsible for completing performance outcome reporting to the funding agency as required. V. MUTUAL RESPONSIBILITIES A. The City and the Department agree they will establish mutually satisfactory methods for the exchange of such information as may be necessary in order that each party may perform its duties and functions under this agreement and appropriate procedures to ensure all information is safeguarded from improper disclosure in accordance with applicable State and Federal laws and regulations. B. The City and the Department agree they will establish mutually satisfactory methods for problem resolution at the lowest possible level as the optimum, with a procedure to mobilize problem resolution up through the City and the Department's mutual chain of command, as deemed necessary. C. The City and the Department agree to develop and implement procedures and forms necessary to administer and document program referral, participation, compliance and effectiveness. D. The City and the Department agree to develop procedures for resolving grievances including the specific steps a partiCipant must follow and the time limits for resolution. 'age 4 of 8 VI. FISCAL PROVISIONS A. The maximum amount of reimbursement or payment under this MOU shall not exceed $250,000 for each 12-month period, not to exceed 24 months of the grant award, and shall be subject to the availability of grant funds to the City. The consideration to be paid to the Department, as provided herein, shall be full payment for all Department services and expenses incurred in the performance hereof, including travel and per diem. B. Cost reimbursement will be based on the approved budget. (Attachment A) C. The Department will submit invoices to the City on a monthly basis. D. Reimbursement or payment for services provided shall occur on a monthly basis for approved. expenses incurred. The Department shall submit a claim for payment for the reporting month, in a format acceptable to the City. E. Monthly claims will be sent to: City of San Bernardino Police Department Attn: Financial Unit Frank Gonzales F. The Police Department Financial Unit will approve (as appropriate) the claim for payment processing. Payment shall be limited to approved budget expenses and other conditions that may apply. G. A payment shall be processed by the City no later than thirty (30) calendar days after receipt of a claim for reimbursement from the Department. H. Costs for services under the terms of this MOU will be incurred during the contract period except as approved by the City. The Department will not use current year funds to pay prior or future year obligations. I. Funds made available under this MOU shall not supplant any federal, state or any governmental funds intended for services of the same nature as this MOU. VII. RIGHT TO MONITOR AND AUDIT A. The City or any subdivision or appointee thereof, and the U. S. Department of Justice, or any subdivision or appointee thereof, shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have the absolute right to monitor the performance of the Department in the delivery of services provided under this MOU. Full cooperation shall be given by the Department in any auditing or monitoring conducted. B. The Department shall cooperate with the City in the implementation, monitoring and evaluation of this MOU and comply with any and all reporting requirements established by this MOU. Page 5 of 8 C. All records pertaining to service delivery and all fiscal, statistical and management books and records shall be available for examination and aud~ by administrative support staff for the C~ and Federal representatives for a period of three years after final payment under the MOU or until all pending C~y, and Federal audits are completed, whichever is later. Records of the Department that do not pertain to the services under this MOU shall not be subject to review or aud~ unless provided in this or another Contract. Technical program data shall be retained locally and made available upon the C~'s reasonable advance written notice or tumed over to the C~. VIII. TERM This MOU is effective upon issuance of funds to the City of San Bernardino and expires 24 months thereafter, but may be terminated earlier in accordance w~h provisions of Section IX of this MOU. IX. EARLY TERMINATION A. This MOU may be terminated without cause upon thirty (30) days written notice by either party. The City Director is authorized to exercise the City's rights with respect to any termination of this MOU. The Chief of Probation, or hislher appointed designee, has authority to terminate this MOU on behalf of the Department. B. The Department will be reimbursed for costs and uncancelable obligations incurred prior to the date of termination. C. If, during the term of this MOU, Federal funds appropriated for the purposes of this MOU are reduced or eliminated, the C~y may immediately terminate this MOU upon written notice to the Department. X. GENERAL PROVISIONS A. No waiver of any of the provisions of the MOU documents shall be effective unless it is made in a writing which refers to provisions so waived and which is executed by the Parties. No course of dealing and no delay or failure of a Party in exercising any right under any MOU document shall affect any future exercise of that right or any exercise of any other right. A Party shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right. B. Any alterations, variations, modifications, or waivers of provisions of the MOU, unless specifically allowed in the MOU, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this MOU. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto. C. The Probation Department is self-insured under the laws of the State of California, and all Department employees performing services covered under this agreement are County employees. D. The Bureau discourages the purchase of equipment with funds received under this contract. All equipment, materials, supplies or property of any kind (including publications and copyrights, etc.) which have a single un~ cost of five thousand dollars ($5000) or more, including tax, purchased with funds received under the terms of this contract and not fully consumed in one (1) year shall be the Page 6 of 8 property of the Bureau and shall be subject to the provisions of this paragraph. The disposition of equipment or property of any kind shall be determined by the City upon contract termination. XI. DEFAULT AND REMEDIES A. No waiver of any of the provisions of the MOU document shall be effective unless it is made in writing and which refers to provisions so waived and which is executed by the parties. No course of dealing and no delay or failure of a party in exercising any right under any MOU document shall affect any other or future exercise of that right or any exercise of any other right. A party shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right. B. Any alterations, variations, modifications or waivers of provisions of the MOU, unless specifically allowed in the MOU, shall be valid only when they have been reduced to writing, duly signed and approved by the authorized representatives of both parties as an amendment to this MOU. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. C. The City and Department are self-insured under the laws of the State of California. The Department employees performing services covered under this agreement are County employees. XII. HOLD HARMLESS A. The City agrees, at its own expense, cost and risk, to indemnify, deferid, save and hold harmless the Department, its agents, employees and officers against any and all personal injuries, damages, liabilities, costs, suits or expenses, including reasonable attorneys fees, arising out of any act or omission or the condition of any property owned or controlled by the City in the performance of this contract. It is understood that employees and any subcontractor of City in its performance under this contract are not agents or employees of the Department. B. The Department agrees, at its own expense, cost and risk, to indemnify, defend, save and hold harmless the City, its agents, employees and officers against any and all personal injuries, damages, liabilities, costs, suits or expenses, including reasonable attorneys fees, arising out of any act or omission or the condition of any property owned or controlled by the Department in the performance of this contract. It is understood that employees and any subcontractor of the Department in its performance under this contract are not agents or employees of the City. XIII. CONCLUSION A. This MOU, consisting of 8 pages and Attachment A, is the full and complete document describing services to be rendered by the Department to the City including all covenants, conditions and benefits. B. The signatures of the Parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective departments to the terms and conditions set forth in this document. Page 7 018 IN WITNESS WHEREOF, the parties hereto have caused this MOU to be duly executed on the day and year 'irst written above. CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO PROBATION DEPARTMENT Name: Tille: Address: Pat Morris Mayor 300 N. D Street San Bernardino, CA Name: Title: Address: Michelle Scray Chief Probation Officer 175 W. Fifth Street San Bernardino, CA Date: Date: APPROVED AS TO LEGAL FORM: Name: Title: Address: James F. Penman City Attorney 300 N. D Street. San Bernardino, CA Name: Title: Address: Carol A. Greene Deputy County Counsel 385 N. Arrowhead Ave. San Bernardino, CA Date: Date: MEMORANDUM OF UNDERSTANDING between San Bernardino County Probation Department and City of San Bernardino for G.R.E.A.T. Middles Schools and Families Expansion Program Page 8 of 8 MEMORANDUM OF UNDERSTANDING between San Bernardino County Probation Department and City of San Bernardino for G.R.EAT. Middles Schools and Families Expansion Program WHEREAS, the San Bemardino County Probation Department (Department), desires to enter into an agreement with the City of San Bernardino (City), in order to expand the Gang Resistance Education and Training (G.R.EAT.) Middle Schools and Families Expansion Program; and WHEREAS, City has been allocated funds by the U.S. Department of Justice, Office of Justice Programs' Bureau of Justice Assistance (Bureau); and WHEREAS, City finds the Department qualified to provide the G.R.EAT. curriculum and program services; and WHEREAS, City desires that such services be provided by the Department and the Department agrees to perform these services as set forth below; NOW THEREFORE, Department and City mutually agree to the following terms and conditions: Page 1 of 8 TABLE OF CONTENTS I. DEFINITIONS................................................................................................................... ....................... 3 II. DEPARTMENT SERVICE RESPONSIBILITIES .......... ..... ...... ... ... .... ............... ..... ..... ...... .... ............ .... .... 3 III. DEPARTMENT GENERAL RESPONSIBILITIES ....... ....... ... ......... ....... .... .... ......... ..... ....... ...... ............. .... 3 IV. CITY RESPONSIBILITIES... ............ ... ...... ......... ...... ......... ... ..... .... ................... .............. ...... ...... ... ... ..... ... 4 V. MUTUAL RESPONSIBILITIES ..... .... ... ...... ........ .......... ........ ... ... .... .... ... ... ..... ........... .......... .... ... ............... 4 VI. FISCAL PROVISIONS.. ...... ...... ............ .... ................. ... ..... ... ....... ... .......... ... ...... ..... ................... ......... ..... 4 VII. RIGHT TO MONITOR AND AUDIT............................................................................................................5 VIII: TERM...... ................. ................ ....... ..... ....... ........ ..... .... ........................ ...... ................... ... ..... ..... ...... ...... 6 IX. EARLY TERMINATION ...................... .............. ......... ........................ ......... ................................................... 6 X. GENERAL PROVISIONS ............... ... ............ ...................................................... .......................................... 6 XI. DEFAULT AND REMEDIES.................................... ..................................................................................6 XII. HOLD HARMLESS...................................................................................................................... .................. 7 XIII. CONCLUSiON..................................................................................................................... .......................... 7 ATTACHMENT A - Program Budget Page 2 of 8 I. DEFINITIONS A. Department - San Bernardino County Probation Department B. Bureau - U.S. Department of Justice, Office of Justice Programs' Bureau of Justice Assistance C. G.R.EAT. - Gang Resistance Education And Training program D. City Director - Director of the Mayor's Office of Community Safety and Violence Prevention E. MOU - Memorandum of Understanding II. DEPARTMENT SERVICE RESPONSIBILITIES A. The Department will collaborate with the San Bernardino City Unified School District, the San Bernardino City Police (Police), and the Californi~ State University, San Bernardino, Schools of Social Work to expand the existing G.R.E.AT Middle Schools and Families Expansion Program components. B. The Department will provide G.R.EAT. programs in the Operation Phoenix areas, as designated by the City, with two Probation Officers. III. DEPARTMENT GENERAL RESPONSIBILITIES A. Without the prior written consent of the City, this MOU is not assignable by the Department either in whole or in part. B. The Department agrees not to enter into any subcontracting agreements for work contemplated under the MOU without first obtaining written approval from the City Director. Any subcontractor shall be' subject to the same provisions as the Department in addition to all contract provisions as required by County. The Department shall be fully responsible for the performance of any subcontractor. C. The Department shall maintain records and books pertaining to the delivery of services under this MOU and demonstrate accountability for MOU performance. Said records shall be kept and maintained within the Department. The City shall have the right, upon reasonable notice and at reasonable hours of business, to examine and inspect such records and books. D. The Department shall adhere to mutually developed grievance procedures with regard to participants' satisfaction. The Department shall provide a system, approved by the City, through which recipients of service will have the opportunity to express and have considered their views and complaints regarding the delivery of services. E. The Department shall protect from unauthorized use or disclosure, the names and other identifying information concerning persons receiving services pursuant to this Contract, except for statistical information not identifying any participant. The Department shall not use or disclose any identifying information for any purpose other than carrying out the Department's obligations under this Contract, except as may be required by law. This provision will remain in force after the termination of the Contract. Page 30f8 F. The Department shall ensure that all known or suspected instances of child abuse or neglect are reported to the appropriate law enforcement agency or to the appropriate Child Protective Services agency. These include: 1. Assurance that all employees, agents, consultants or volunteers who perform services under this Agreement and are mandated by Penal Code Sections 11164 et seq. to. report child abuse or neglect, sign a statement, upon the commencement of their employment, acknowledging their reporting requirements and their compliance with them. 2. Development and implementation of procedures for employees, agents, consultants, or volunteers who are not subject to the mandatory reporting laws for child abuse to report any observed or suspected incidents of child abuse to a mandated reporting party, within the program, who will ensure that the incident is reported to the appropriate agency. 3. Provision of or arrangement of training in child abuse reporting laws (Penal Code, Sections 11164 et seq.) for all employees, agents, consultants, and volunteers, or verification that such persons have received training in the law within thirty (30) days of employment/volunteer activity. G. The Department shall ensure that all employees, agents, consultants and volunteers in positions where they supervise minors to have passed background checks that comply with Public Resources Code ~ 5164. IV. 'CITY RESPONSIBILITIES A. The City will reimburse the Department for salary, benefits, related training and travel expenses, and supplies as indicated in the attached approved budget. B. The City Director will support the Probation Officers with necessary information regarding this program. C. The City DirectOr will meet regularly with the Department to report ongoing status of program. D. The City Police will be responsible for completing performance outcome reporting to the funding agency as required. V. MUTUAL RESPONSIBILITIES A. The City and the Department agree they will establish mutually satisfactory methods for the exchange of such information as may be necessary in order that each party may perform its duties and functions under this agreement and appropriate procedures to ensure all information is safeguarded from improper disclosure in accordance with applicable State and Federal laws and regulations. B. The City and the Department agree they will establish mutually satisfactory methods for problem resolution at the lowest possible level as the optimum, with a procedure to mobilize problem resolution up through the City and the Department's mutual chain of command, as deemed necessary. C. The City and the Department agree to develop and implement procedures and forms necessary to administer and document program referral, participation, compliance and effectiveness. D. The City and the Department agree to develop procedures for resolving grievances including the specific steps a participant must follow and the time limits for resolution. 'ge 4 of 8 VI. FISCAL PROVISIONS A. The maximum amount of reimbursement or payment under this MOU shall not exceed $250,000 for each 12-month period, not to exceed 24 months of the grant award, and shall be subject to the availability of grant funds to the City. The consideration to be paid to the Department, as provided herein, shall be full payment for all Department services and expenses incurred in the performance hereof, including travel and per diem. B. Cost reimbursement will be based on the approved budget. (Attachment A) C. The Department will submit invoices to the City on a monthly basis. D. Reimbursement or payment for services provided shall occur on a monthly basis for approved expenses incurred. The Department shall submit a claim for payment for the reporting month, in a format acceptable to the City. E. Monthly claims will be sent to: City of San Bernardino Police Department Attn: Financial Unit Frank Gonzales F. The Police Department Financial Unit will approve (as appropriate) the claim for payment processing. Payment shall be limited to approved budget expenses and other conditions that may apply. G. A payment shall be processed by the City no later than thirty (30) calendar days after receipt of a claim for reimbursement from the Department. H. Costs for services under the terms of this MOU will be incurred during the contract period except as approved by the City. The Department will not use current year funds to pay prior or future year obligations. I. Funds made available under this MOU shall not supplant any federal, state or any governmental funds intended for services of the same nature as this MOU. VII. RIGHT TO MONITOR AND AUDIT A. The City or any subdivision or appointee thereof, and the U. S. Department of Justice, or any subdivision or appointee thereof, shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have the absolute right to monitor the performance of the Department in the delivery of services provided under this MOU. Full cooperation shall be given by the Department in any auditing or monitoring conducted. B. The Department shall cooperate with the City in the implementation, monitoring and evaluation of this MOU and comply with any and all reporting requirements established by this MOU. Page 5 of 8 C. All records pertaining to service delivery and all fiscal, statistical and management books and records shall be available for examination and audit by administrative support staff for the City and Federal representatives for a period of three years after final payment under the MOU or until all pending City, and Federal audits are completed, whichever is later. Records of the Department that do not pertain to the services under this MOU shall not be subject to review or audit unless provided in this or another Contract. Technical program data shall be retained locally and made available upon the City's reasonable advance written notice or tumed over to the City. VIII. TERM This MOU is effective upon issuance of funds to the City of San Bernardino and expires 24 months thereafter, but may be terminated earlier in accordance with provisions of Section IX of this MOU. IX. EARLY TERMINATION A. This MOU may be terminated without cause upon thirty (30) days written notice by either party. The City Director is authorized to exercise the City's rights with respect to any termination of this MOU. The Chief of Probation, or hislher appointed designee, has authority to terminate this MOU on behalf of the Department. B. The Department will be reimbursed for costs and uncancelable obligations incurred prior to the date of termination. C. If, during the term of this MOU, Federal funds appropriated for the purposes of this MOU are reduced or eliminated, the City may immediately terminate this MOU upon written notice to the Department. X. GENERAL PROVISIONS A. No waiver of any of the provisions of the MOU documents shall be effective unless it is made in a writing which refers to provisions so waived and which is executed by the Parties. No course of dealing and no delay or failure of a Party in exercising any right under any MOU document shall affect any future exercise of that right or any exercise of any other right. A Party shall not be precluded from exercising a right by its having partially exercised that right or its having previoUSly abandoned or discontinued steps to enforce that right. B. Any alterations, variations, modifications, or waivers of provisions of the MOU, unless specifically allowed in the MOU, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this MOU. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto. C. The Probation Department is self-insured under the laws of the State of California, and all Department employees performing services covered under this agreement are County employees. D. The Bureau discourages the purchase of equipment with funds received under this contract. All equipment, materials, supplies or property of any kind (including publications and copyrights, etc.) which have a single unit cost of five thousand dollars ($5000) or more, including tax, purchased with funds received under the terms of this contract and not fully consumed in one (1) year shall be the Page 6 of 8 property of the Bureau and shall be subject to the provisions of this paragraph. The disposition of equipment or property of any kind shall be determined by the City upon contract termination. XI. DEFAULT AND REMEDIES A. No waiver of any of the provisions of the MOU document shall be effective unless it is made in writing and which refers to provisions so waived and which is executed by the parties. No course of dealing and no delay or failure of a party in exercising any right under any MOU document shall affect any other or future exercise of that right or any exercise of any other right. A party shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right. B. Any alterations, variations, modifications or waivers of provisions of the MOU, unless specifically allowed in the MOU, shall be valid only when they have been reduced to writing. duly signed and approved by the authorized representatives of both parties as an amendment to this MOU. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. C. The City and Department are self-insured under the laws of the State of California. The Department employees performing services covered under this agreement are County employees. XII. HOLD HARMLESS A. The City agrees, at its own expense, cost and risk, to indemnify, defend, save and hold harmless the Department, its agents, employees and officers against any and all personal injuries, damages, liabilities, costs, suits or expenses, including reasonable attorneys fees, arising out of any act or ~sion or the condition of any property owned or controlled by the City in the performance of this contract. It is understood that employees and any subcontractor of City in its performance under this contract are not agents or employees of the Department. B. The Department agrees, at its own expense, cost and risk, to indemnify, defend, save and hold harmless the City, its agents, employees and officers against any and all personal injuries, damages, liabilities, costs, suits or expenses, including reasonable attorneys fees, arising out of any act or omission or the condition of any property owned or controlled by the Department in the performance of this contract. It is understood that employees and any subcontractor of the Department in its performance under this contract are not agents or employees of the City. XIII. CONCLUSION A. This MOU, consisting of 8 pages and Attachment A, is the full and complete document describing services to be rendered by the Department to the City including all covenants, conditions and benefits. B. The signatures of the Parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective departments to the terms and conditions set forth in this document. Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have caused this MOU to be duly executed on the day and year first written above. CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO PROBATION DEPARTMENT Name: Title: Address: Pat Morris Mayor 300 N. D Street San Bernardino, CA Name: Title: Address: Michelle Scray Chief Probation Officer 175 W. Fifth Street San Bernardino, CA Date: Date: . APPROVED AS TO LEGAL FORM: James F. Penman City Attorney 300 N. D Street. San Bernardino, CA ~/ 2;107 Name: Title: Address: Carol A. Greene Deputy County Counsel 385 N. Arrowhead Ave. San Bernardino, CA Date: Date: MEMORANDUM OF UNDERSTANDING between San Bernardino County Probation Department and City of San Bernardino for G.R.E.A.T. Middles Schools and Families Expansion Program "age 8 of 8 ~" ;" A PERSONNEL Name ?,,'S 1 Probation Officer III $}i 2 Probation Officer II a. FRINGE BENEFITS Name 1 Probation Officer III 2 Probation Officer II San Bernardino County Probation GREAT Eannark Grant BUDGET ComDutation @ $S904/month; plus 3% for 10/11 @ $4S151month; plus 3% for 10111 ComDutatlon Total benefits = 42.762%; Retirement = 27.58% Total benefits = 41.62%; Retirement = 26.44% All other benefrts by percentage remain the same and include the following: Health Insurance (6.27%); Workers Compensation (6.52%); Social Security Medical (1.45%); Short Term Disability (0.7%); Life Insurance (0.24%) 2009/10 $70'8481," $54,180 I j:lhi $30,296 ~ $22,550 ~~ Total ;~" ;;\$ ';\,~ S72,973 S'43.821 S55.805 $109.985 S253.807 I x% $31.205 I $61,501 $23.226 I $45, n8 $107.2n fi:'r ,-,,"'; ~: G;, ~ I $2,400 t~ "ti" $1,420 i'~':, $1,560 r~? $1.560 i" $5.380 SO ~ $0 ~ J[!: i2if $940 ;"i( $1,880 .. \'~,~: $625 '}e' $1,250 ;:,Y $3,130 i" $0 llib $0 $0 ~~ $0 '! >:'? $20,840 it; $41,280 $0 . $243 $1,380 $2,760 $2,592 $5,184 $310 . $620 . $2.000 $4,000 $3,000 >''! $6,000 .. ~f It'!! 'c. TRAVEL Puroose of Travel 1 1 O-Day GREAT Officer Training 2 3-Day GREAT Families Training 3 GREAT National Conference Location 18D TBD TBD Item Travel, Meals, Car Travel, Meals, Car Travel, Meals, Car ComDutation Airfare (2)@$500ea; Meals (2)@$50/dayx10days; Rental car 1 40@10days Airfare (2)@$500ea; Meals (2)@$50/dayx 3 days; Rental car 1 40@3 days Airfare (2)@$500 ea; Meals (2)@$50/day x 4 days; Rental car 1 40@4 days /! $2,400 fJ' $1,420 . ~ ift' D. EQUIPMENT ->i~ E. SUPPLIES SuoDlv Items 1 Participant Support Costs - Classroom Supplies 2 Special Project Completed by Students Comoutation 25 classes@ $37.60/class (paper, pens, transparencies, dry erase boards for school sites not able to supply those not able to furnish) 25 classes @ $25/per class for school sites not able to furnish $0 $940 $625 F. CONSTRUCTION 'Y SO " G.CONTRACTS/CONSULTANTS so ,-'" \. }t. OTHER COSTS Descrlction 1 Motor Pool 2 Cell Phones Purchases 3 Cell Phone Monthly Charges 4 Communications 5 Uniforms 6 Bus Rental 7 Special Graduation Project Completed by Students 8 Program Incentives 9 Advanced Gang Awareness training (local) 10 Gal-Gang Training (local) 11 Additional Intervention & Prevention training (local) 12 1-Day School Resource (local) ComDutaUon Lease (2 vehicles) @ $390/month; plus Mileage (2 vehicles) @ 1000milmo@0.47fmi. 1 Blackberry@$193; 1 cell phone@ 50 Total monthly service fees = $115/mo Computer network, voice mail, land line; (2) @ $108/mo 4 Polo shirts@$19,95/ea; 2 Jackets@$60ea; 2 sweatshirts @ $10/ea; 4 pants@$22,50/eaforboth years. 4 trips @ $500 ea. Graduation projects will include shnJb or flower planting at the schools, anti-violence message using sidewalk paint or chalk and poster displays to be hung in local libraries. 600 students @$5 ea. 600 students@$28ea=$16,800; 120 families@30ea =$3,600; 5OAt-risk students@ 45 ea = $2,250; and recreation activities for 600 youth @ $20 ea = $12,000. Tuition: 2@$60=$120 Tuition: 2@$30=$60 Tuition: 2@$120eachyear-$480 Tuition: 1@$360 $20,840 $243 $1,380 $2,592 $310 $2,000 $3,000 J.-): $34,650 $34,650 $69.300 $120 $120 $60 $60 $240 $240 ~:' $480 $360 $360 w $130.407 San Bernardino County Probation GREAT Earmark Grant BUDGET ~,TOTAL DIRECTS COSTS $248,494 $25' .507 !.:'ft ..<#, ~..", ll" INDIRECT COSTS SO $0 $0 .1'/' 4:. TOTAL PROJECT COSTS $248,494 $251.507 $500,000 BUDGET SUMMARY A. PERSONNEL B. FRINGE BENEFITS C. TRAVEL D. EQUIPMENT E. SUPPLIES F. CONSTRUCTION G. CONTRACTSfCONSUL T ANTS H. OTHER COSTS I. INDIRECT COSTS TOTAL PROJECT COSTS FEDERAL REQUEST APPLICANT REQUEST San Bernardino County Probation GREAT Earmark Grant BUDGET 253,807 107,2n 5,380 3,130 Unallowable 130,407 $ SOO,OOO San Bernardino County Probation GREAT Eannark Grant BUDGET BUDGET NARRA TlVE A. PERSONNEL 1) Request of$143,821 will cover the costs fortne full-time Probation Officer III for YI and Y2 of the grant. 2) A request 0[$109,985 will cover the cost of the full.time Probation Officer II for YI and Y2 of the grant. B. FRINGE BENEFITS Total benefits are (POIII _ 42.762% and POll - 41.62%) of salary and include the following benefit components: general retirement (POrn - 27.58% and POll - 26.44%), survivor's benefits, indemnification, shoJ1-tenn disability, workman's comp, health insurance, and life insurance. 1) A request 0[$61,501 will cover fringe benefits for the Probation Officer III for YI and Y2 of the grant. 2) A request of$45,776 will cover the fringe benefits for the Probation Officer II for YI and Y2 of the grant. C. TRAVEL GREAT Officers will have the opponunity to attend several training sessions over the 24-month period, including annual 10-day GREAT Officer Training, 3-day GREAT Families Training and Great National Conference. Listings for GREAT trainings are updated frequently and officers will choose among upcoming courses and locations that will minimize travel and costs. GREAT trainings provide for the cost of tuition and lodging. Current budgeted travel is an estimate based on previous experience. Airfare is budgeted at $500/0fficer; meals are budgeted at $50/day, and rental car cost is budgeted at $40/day. The request of$3820 in Yl and $1560 in Y2 will cover the cost of training related travel for 24 months. D. EQUIPMENT nJ. E. SUPPLIES Classroom Supplies for approximately 25 c1asses@$37.60/c1ass(paper,pens, transparencies, dry erase boards for school sites not able to supply); Student special projects for approximately 25 classes@ $25/per class for school sites not able to furnish. Total supplies are estimated at $3, 130 for 24 months. F. CONSTRUCTION nf. G. CONTRACTS/CONSULTANTS nJ. H. OTHER COSTS Motor Pool. A request of$20,640 in YI and $20,640 in Y2 for a total of$41,280 will cover the cost of mot or pool expenses for two vehicles for 24 months. Motor pool expenses are identified as vehicle maintenance costs, gas, and mileage costs. Cell Phones. The request of$I,623 in YI and $1,380 in Y2 for a total of3,003 will cover the cost ofa cell phone purchases and monthly charges for 24 months. The purchase of one Blackberry phone with accessories for the Probation Officer m is approximately $193; the purchase of one regular cell phone for the POll budgeted at $50. Both phones will require total combined monthly cell phone charge of$115/mo (Blackberry. $75 and cell phone - $40). Both phones will be purchased during Yl of the grant. Communications. A request of$2,592 for both YI and Y2 for a total of$5, 184 will cover the cost of Information Services Department computer maintenance services and stationary phone charges for both officers for 24 months. Computer network, voice mail and land line charges are $1 08/mo. Unifonns. Two G.R.E.A.T program Polo shirts, one sweatshirt, one jacket, and two pairs of duty pants will be purchased each year of the grant for both officer positions. Cost is calculated at $155/officer per year of the grant for a total of$620 for 24 months. Bus Rental- Each year several recreational activities win require bus transportation for about 40- 60 youth and will cost approximately $500 each for a total of$4,000 for 24 months. Special Graduation Project - Students will be required to complete a graduation project. Projects will include flower-shrub plantings at the schools, anti.violence messages using sidewalk paint and chalk and poster displays that will be hung in local libraries. Supplies for each youth are budgeted at S5/ea. Program Incentives. A request of approximately $34,650 in both years will cover incentives for 24 months and will include the following: General Incentives for approximately 600 students each year will be purchased for the core middle school and summer program for a total of$I6,800/year. One special recreational event will occur each year for a total of$3,000. Special incentives for the families program will annually provide for approximately 120 families, in the amount of$3,600iyear. Incentives for 50 at-risk students are budgeted at $2,250/year. Incentives for general recreational activities for 600 students are budgeted at $12,OOO/year. Training Tuition-the Advanced Gang Awareness, Cal-Gang Training and School Resource Officer Training will be local events held bi-annually. Many of these trainings are currently booked and future training times and locations are pending. Year one tuition costs are budgeted at $420 and Year two tuition costs at $600. I. INDIRECT COSTS nJ.