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HomeMy WebLinkAbout2016-254 RESOLUTION NO. 2016-254 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA 2 BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM O UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE CIT 3 OF FONTANA POLICE DEPARTMENT FOR THE IMPLEMENTATION OF THE BUREAU OF JUSTICE ASSISTANCE (BJA) BODY-WORN CAMERA PILO 4 IMPLEMENTATION PROGRAM GRANT 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The City Manager is hereby authorized to execute on behalf of the City 7 Memorandum of Understanding (MOU) between the City of San Bernardino Police Department 8 9 and the City of Fontana Police Department, as grantee and sub-grantee respectively, for the BJ 10 Body Worn Camera Project Grant being administered by the San Bernardino Police Department 11 a copy which is attached hereto, marked as Exhibit"A" and incorporated herein by this reference 12 as fully as though set forth at length; 13 SECTION 2. The authorization to execute the above referenced MOU is rescinded if it 14 is not fully executed within ninety (90) days of this Resolution. 15 16 17 18 19 20 21 22 23 24 25 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA 1 BERNARDINO AUTHORIZING THE EXECUTION OF A MEMORANDUM O UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE CIT 2 OF FONTANA POLICE DEPARTMENT AND THE SAN BERNARDINO COUNT DISTRICT ATTORNEY'S OFFICE FOR THE IMPLEMENTATION OF THE BUREAU 3 OF JUSTICE ASSISTANCE (BJA) BODY-WORN CAMERA PILO IMPLEMENTATION PROGRAM GRANT 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6 19`h day of December, 2016, by the following vote,to wit: 7 8 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT 9 10 MARQUEZ X BARRIOS X 11 VALDIVIA X 12 SHORETT X 13 NICKEL X 14 RICHARD X MULVIHILL X 15 16 Georgeann anna,'C CC City Clerk 17 J T 18 The foregoing Resolution is hereby approved this of December, 2016. 19 (z20 R. Carey Da 's, Mayor 21 City of San Bernardino Approved as to form: 22 Gary D. Saenz, City Attorney 23 By*-- 24 25 2 2016-254 Memorandum of Understanding-Body Worn Camera Pilot Implementation Program Grant Funding MEMORANDUM OF UNDERSTANDING CITY OF SAN BERNARDINO POLICE DEPARTMENT AND THE FONTANA POLICE DEPARTMENT REGARDING BODY WORN CAMERA PILOT IMPLEMENTATION PROGRAM GRANT FUNDING THIS MEMORANDUM OF UNDERSTANDING (MOU) is effective December 192016, between THE CITY OF SAN BERNARDINO POLICE DEPARTMENT and the City of Fontana Police Dept. ("Participating Agency") under the following terms and conditions: 1.The Participating Agency agrees to comply with the BJA Cooperative Agreement for the Body Worn Camera Pilot Implementation Program(Attachment A). 2. The Participating Agency agrees to comply with United States Department of Justice — Bureau of Justice Assistance Grant Program guidance,processes and requirements. 3. The participating agency agrees to designate a Project Manager and Grant Manager for each project awarded and provide the contact information of those individuals to the City of SAN BERNARDINO POLICE DEPARTMENT/ BJA. Upon any changes to the original designation the agency will provide written notification and updated contact Information. 4. The Participating Agency agrees to maintain all documentation supporting all expenditures reimbursed from grant funds, and ensure all expenditures are allowable under grant requirements. Recipients that expend$300,000 or more of federal funds during their respective fiscal year agree to submit an organization wide financial and compliance audit report. The audit shall be performed in accordance with the U. S. General Accounting Office Government Auditing Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department of Justice; Pass-Through Agency: Office of Justice; Program Title: Public Assistance Grants; Federal CFDA Number: 97.008). The records shall be maintained and retained in accordance with BJA grant requirements and shall be available for audit and inspection by the City and designated grant agent personnel. 5. The Participating Agency agrees that all its expenditures shall be in accordance with the approved project expenditures and allowable costs as submitted to the City and approved by the Bureau of Justice Assistance Grants Program Directorate. 6. The Participating Agency agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees,from and against all liability arising out of the Participating Agency's acts or omissions under this MOU. I 2016-254 Memorandum of Understanding- Body Worn Camera Pilot Implementation Program Grant Funding 7. The City agrees to defend, indemnify, and hold harmless the Participating Agency, its agents, officers, and employees,from and against all liability arising out of the City's acts or omissions under this MOU. 8.The Participating Agency agrees to provide the Certificate of Non-Supplanting(Attachment B). 9. The Participating Agency agrees to provide the Certification regarding Debarment, Suspension and Other responsibility matters(Attachment C). 10. The City agrees to treat Participating Agency as a Subgrantee for all purposes under the United States Department of Justice— Bureau of Justice Assistance Grant, including sharing equally in all funds provided under the Grant, communicating openly as to all information provided by the Department of Justice, and otherwise certifying that Participating Agency is an equal recipient of all benefits conferred by the Grant. 11. The Subgrantee Performance Period for Award number 2015-DE-BX-KO57 is from October 1, 2015 to September 30,2017. IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the City of SAN BERNARDINO POLICE DEPARTMENT and the Fontana Police Department,by and through their authorized representatives. CITY OF SAN BERNARDINO PARTICIPATING AGEGY By: By: Title:. Title: [`,-r)/ Al �tt Attest: Attest: By: By: Title: Title: City Clerk Approved as to form: Approved as to form: Gary D.S nz,City o ey Title:.^„5 City Attorney 2016-254 Memorandum of Understanding- Body Worn Camera Pilot Implementation Program Grant Funding 7. The City agrees to defend, indemnify, and hold harmless the Participating Agency, its agents, officers, and employees,from and against all liability arising out of the City's acts or omissions under this MOU. 8.The Participating Agency agrees to provide the Certificate of Non-Supplanting(Attachment B). 9. The Participating Agency agrees to provide the Certification regarding Debarment, Suspension and Other responsibility matters(Attachment C). 10. The City agrees to treat Participating Agency as a Subgrantee for all purposes under the United States Department of Justice— Bureau of Justice Assistance Grant, including sharing equally in all funds provided under the Grant, communicating openly as to all information provided by the Department of Justice, and otherwise certifying that Participating Agency is an equal recipient of all benefits conferred by the Grant. 11. The Subgrantee Performance Period for Award number 2015-DE-BX-KO57 is from October 1, 2015 to September 30,2017. IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the City of SAN BERNARDINO POLICE DEPARTMENT and the Fontana Police Department,by and through their authorized representatives. CITY OF SAN BERNARDINO PARTICIPATING AGCY By: Ado �l By: Title:. �% _����'` Title:_/11-r Attest: Attest: dCeO By: Title: City Clerk_ wm Title: , City Clerk Approved as to form: Approved as to form: Gary D.S nz,City 0, ey Title: City Attorney