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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Mayor Judith Valles
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the Mayor to
execute a grant agreement with the County
of San Bernardino concerning the use of
Indian Gaming Special Distribution Funds
for the San Bernardino Police Department.
. Dept: Mayor's Office
Date: June 20,2005
Meeting Date: July 5, 2005
Synopsis of Previous Council Action:
January 24,2005 Council voted unanimously to authorize the Mayor of the City of San
Bernardino or her designee to apply for and administer the Indian Gaming Special Distribution
Fund grant for the San Bernardino Police Department.
Recommended motion:
1. Adopt Resolution; and,
2. Authorize the Director of Finance to amend the FY 2005-2006 budget for the Police Department
by increasing the revenue budget in account 001-213-5011/5029 by $698",800 and in account 001-
213-5111 by $1,200 and increasing the expenditure budget in account 1-213-5011/5029 by
$698,800 for (6) police officers (P-l's), (1) police sergeant (P-3), a increasing the expenditure
budget in account 001-213-5111 by $1,200 for grant requir si s.
Contact person:
Peggi Hazlett, Assistant to the Mayor
Phone: 384-5133_
Supporting data attached: Yes
Ward: 4
FUNDING REQUIREMENTS: Amount: $700,000
Source: (Acct. No.) 001-213-5011/5029
(Acct. No.) 001-213-5111
Finance:
Council Notes:
7LmL
Agenda Item No. ll-
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
Mayor to execute a grant agreement with the County of San Bernardino concerning the use of
Indian Gaming Special Distribution Funds for the San Bernardino Police Department.
Backl!round:
On January 24, 2005 the Mayor and Common Council voted unanimously to authorize the
Mayor of the City of San Bernardino or her designee to apply for and administer the Indian
Gaming Special Distribution Fund grant for the San Bernardino Police Department.
The City of San Bernardino applied for a grant in the amount of $936,060 for designated law
enforcement purposes. On April 28, 2005 the Indian Gaming Local Benefit Committee approved
a grant in the amount not to exceed $700,000 from the Indian Gaming Special Distribution Fund
pursuant to California 2003 Senate Bill 621.
The grant funds will be used to provide continued funding for the five (5) police officer positions
that were funded in FY 04/05 and the addition of one (1) police officer position. These six (6)
officers will provide 24/7 general law enforcement services in the residential and business areas
surrounding the San Manuel Indian reservation. Grant funds will also be used to continue the
funding of one (1) police sergeant position. This position directly supervises and deploys other
grant funded personnel.
In addition, Senate Bill 621 requires that the Grantee shall provide notice to the public, either
through a slogan, signage, or other mechanism, which states that the local government project
has received funding from the Indian Gaming Special Distribution Fund and from which
particular Tribal Casino Account the grant funds derives.
The County of San Bernardino is charged with administering the Grants awarded from the Indian
Gaming Special Distribution Fund and therefore, the City and County need to enter into this
Grant Agreement concerning the use of the Indian Gaming Special Distribution Funds.
Financial Impact:
The Police Department will be using the $700,000 grant from the Indian Gaming Special
Distribution Fund to cover the salaries and benefits of six police officer positions, one police
sergeant position, as well as grant required signage.
These positions will be eliminated in subsequent fiscal years should grant funding not be
approved annually hereafter.
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Recommendation:
1. Adopt Resolution; and
2. Authorize the Director of Finance to amend the FY 2005-2006 budget for the Police
Department by increasing the revenue budget in account 001-213-5011/5029~by
$698,800 and in account 001-213-5111 by $1,200 and increasing the expenditure budget
in account 001-213-5011/5029 by $698,800 for (6) police officers (P-l's), (1) police
sergeant (P-3), and increasing the expenditure budget in account 001-213-5111 by $1,200
for grant~required signs.
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RESOLUTION NO. COpy
RESOLUTION OF THE MAYOR AND COMMOM COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A GRANT
AGREEMENT WITH THE COUNTY OF SAN BERNARDINO CONCERNING THE
USE OF INDIAN GAMING SPECIAL DISTRIBUTION FUNDS FOR THE SAN
BERNARDINO POLICE DEPARTMENT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor is authorized to execute a grant agreement (attached and
incorporated herein as Exhibit "A") with the County of San Bernardino concerning the use of
Indian Gaming Special Distribution Funds in the amount of $700,000 to be used specifically to
fund law enforcement service in the area impacted by the San Manuel Indian Bingo and Casino.
SECTION 2. This resolution is rescinded if the parties to the contract fail to execute it
within thirty (30) days of passage of the resolution.
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RESOLUTION...AUTHORlZING THE MAYOR TO EXECUTE A GRANT
2 AGREEMENT WITH THE COUNTY OF SAN BERNARDINO CONCERNING THE
USE OF INDIAN GAMING SPECIAL DISTRIBUTION FUNDS FOR THE SAN
BERNARDINO POLICE DEPARTMENT.
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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
day of
on the
, 2005, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LONGVILLE
MC GINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
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Approved as to
24 form and legal content:
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City Clerk
The foregoing resolution is hereby approved this
day of
,2005.
Judith Valles, Mayor
City of San Bernardino
JAMES F. PENMAN,
City torney
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SAN BERNARDINO POLICE DEPARTMENT
FY 05/06 INDIAN GAMING LOCAL COMMUNITY BENEFIT GRANT
LINE ITEM BUDGET
Account
Description
Costs
001-213-5011/5029
(6) police officers (P-I 's)
$560,267
001-213-5011/5029
(1) police sergeant (P-3)
138.1 00
Total personnel costs
$698,800
001-213-5111
Grant required signs to be posted
in impacted areas $ 1.200
Total Maintenance & Operations
$ 1,200
TOTAL GRANT BUDGET
$700,000
001-213-5910
Credit - Federal & State Grants <5700,000>
NET IMPACT ON GENERAL FUND
-0-
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SAN BERNARDINO POLICE DEPARTMENT
FY 05/06 INDIAN GAMING LOCAL COMMUNITY BENEFIT GRANT
BUDGET NARRATIVE
Personnel Costs
Police Officers - The sa 621 grant provided funding for five (5) additional police officer
positions in FY 04/05. Currently, two officers on day shift, two on graveyard and the
fifth officer is assigned to a mid-afternoon cover shift. To provide 24/7 general law
enforcement services in the residential and business areas surrounding the San Manuel
Indian reservation one (1) additional police officer position is needed on the mid-
afternoon cover shift [a total of six (6) grant police officer positions.]
Police Sergeant - The sa 621 grant provided funding for a Police Sergeant position in
FY 04/05. This position directly supervises and deploys other grant personnel funded by
the sa 621 grant.
Maintenance & ODeration
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Grant signs and Grant Support Items - Grant signs and other support items are required
to be placed in areas impacted by Indian gaming that identify the funding source for
mitigation measures funded by the Indian Gaming Local Community Benefit grant.
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SAN BERNARDINO COUNTY
INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE
GRANT AGREEMENT
BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO
CONCERNING USE OF INDIAN GAMING SPECIAL DISTRIBUTION FUNDS
This Grant Agreement is entered into between the County of San Bernardino (hereinafter County), as delegated by
the San Bernardino County Indian Gaming Local Benefit Committee (hereinafter Committee), and City of San
Bernardino (Grantee), pursuant to California 2003 Senate Bill 621, Chapter 858; California 2004 Assembly Bill 675,
Chapter 675; and California 2004 Assembly Bill 3089, Chapter 892 (SB 621).
WHEREAS, Grantee submitted an application to the Committee for a mitigation project fully describe~ in its
application attached hereto as Exhibit A and incorporated herein by this reference; and !
WHEREAS, the Grantee is tbe recipient of a Grant in an amount not to exceed $700,000, as sponsored by San
Manuel Band of Mission Indians and approved by the Committee on April 28, 2005, from the Indian Gaming
Special Distribution Fund for the County of San Bernardino; and
WHEREAS, the County is charged with administering Grants awarded from the Indian Gaming Special Distribution
Fund; and
WHEREAS, the legislation that created the Special Distribution Fund requires that Grantee's use of the Grant funds
meet certain specified conditions;
NOW, THEREFORE, the parties agree as follows:
I.
PurDose of Grant
Grantee shall use the grant funds provided by the State Controller's Office solely for the purposes identified in
Exhibit A. In addition, the following conditions were imposed by the Committee for use of the grant funding:
. Grant funding shall be used specifically to fund law enforcement service in the area impacted by the San
Manuel Indian Bingo and Casino.
2. Source and ScoDe of Fundin!!
This grant award ("Agreement") is valid and enforceable only if sufficient funds are available to the Committee from
the State of California's Indian Gaming Special Distribution Fund for the purposes of this program~ In addition, this
Agreement is subject to any additional restrictions, limitations, or conditions enacted by the State of California,
which may affect the provisions, terms, or funding of this Agreement in any manner.
It is mutually agreed that if the State does not appropriate sufficient funds for the program, this Agreement shl11 be
amended to reflect any reduction in funds.
The Committee retains the option to amend this Agreement to reflect any reduction of funds. '
The grant funds shall be disbursed directly to the Grantee by the State Controller's Office.
3. Term of Al!reement
The term of this Agreement shall be from July 1,2005 through June 30, 2006. Funding is for one year only There
is no commitment for future years.
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Indian Gaming. Local Communi')' Benefit Commincc
Gran. Agrcemenl for 2004/05 flinds
Page 20f4
4. Restrictions on Use of Grant Funds
As required by SB 621, grant funds shall not be used for any purpose that would support or fund, directly or
indirectly, any effort related to opposition or challenge to Indian gaming in the state and, to the extent any awarded
grant is utilized for any prohibited purpose by any local government, upon notice given to the County by any tribe
from whose Individual Tribal Casino Account the awarded grant went toward that prohibited use, the grant shall
t~rminate immediately and any monies not yet used shall again be made available for qualified nexus grants to other
grantees,
5. lIiotice To the Public
As required by SB 621, Grantee shall provide notice to the public, either through a slogan, signage, or other
mechanism, which states thaI the local government project has received funding frolTl the Indian Gaming Special
Distribution Fund and which further identifies the particular Individual Tribal Casino Account from which the grant
derives; for this grant the Individual Tribal Casino Account is that of the San Manuel Band of Mission Indians,
6. Documentation of Expenditures/Committee Updates
Grantee shall provide in detail a written accounting of all actual expenditures of the grant funds provided under this
Agreement. Grantee shall submit this documentation to the County Administrative Office by February 15,2006,
using actual data available to date and estimated data for the remainder of the grant period, and again by July 31,
2006, using actual data for the entire grant period,
Grantee shall provide the Committee project updates on the implementation status of the project (approximate time
frame July/August 2005) and during the next year's grant application process (approximate time frame March/April
2006),
7. Administrator of Aneement
The County Administrative Office of the County shall administer this Agreement on behalf of the Committee and
the County, and Mayor of the City of San Bernardino shall administer it on behalf of Grantee,
8. ~
All notices shall be served in writing, The notices shall be sent to the following addresses:
County: County Administrative Office
County of San Bernardino
Altn: Patricia Cole
687 North Arrowhead Avenue, Fifth Floor
San Bernardino. CA 92415-0122
Grantee:
City of San Bernardino
Mayor Judith Valles
300 N. "D" St.
San Bernardino, CA 92418
9. Audit and Inspections of Records
Grantee shall maintain records and documentation necessary to comply with a required State audit every three years.
Grantee shall cooperate with County in the implementation, monitoring, and evaluation of this Agreement and
comply with any and all reporting requirements established by County andlor State, and agreed upon by the parties.
Availability of Records: All fiscal, statistical, and management books and records shall be available for examination
andlor audit by the County, andlor State representatives for a period of five (5) years following the close of the fiscal
year in which this Agreement is in effect or until all pending County andlor State audits are completed, whichever is
later.
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Indian Gaming. Local Community Benefit Commlnec
Granl Agreement for 2004'05 funds
Page 3 of 4
10. Termination of Al!reement for Cause
If Grantee fails to perform its obligations according to this Agreement, the grant shall terminate immediately and any
monies not yet used shall be returned to the County Administrative Office within 30 days of receipt of a written
notice from the County, The County may also seek any and all legal and equitable remedies available to it against
Grantee for breaching this Agreement
11. Termination for Convenience of Grantee
Grantee may terminate this Agreement at any time by giving wrillen notice to the County Administrative Office of
such termination and specifying the effective date thereof at least 60 days before the effective date of such
termination, On or before the date of termination, Grantee shall provide the County Administrative Office with
documentation of grant expenditures sening fonh Grantee's total actual expenditures for the purpose of the grant as
of the effective date of termination, Grantee shall promptly refund to the County all funds under this Agreement that
exceed Grantee's total actual expenditures for the purpose of the grant, as determined by the County Administrative
Office, as of the effective date of termination,
12. Assil!nment
Grantee shall not assign or transfer any interest in this Agreement (whether by assignment or novation), without the
prior wrinen consent of the County,
13. Independent Capacity (Non-CouDtv Al!eDcies Onlv)
In the performance of this Agreement, Grantee and its agents, employees and volunteers shall act in an independent
capacity, and not as officers, employees, agents or volunteers of the County, This Agreement does not create an
employment relationship between Grantee and the County,
14. Defense and Indemnity (NOD-County Al!encies Onlv)
County shall not be liable for, and Grantee shall defend and indemnify County and its officers, agents, employees
and volunteers (collectively "County Panies") against any and all claims, deductibles, self-insured reteDtions,
demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages,
expenses, charges or costs of any kind or character, including anorneys' fees and coun costs (collectively,
"Claims"), which arise out of or are in any way connected to the provision of funds and/or Grantee's use of funds
under this Agreement arising either directly or indirectly from any act, error, omission or negligence of Grantee or
its officers, employees, agents, contractors, licensees or servants, including without limitation, Claims caused by
the concurrent negligent act, error or omission, whether active or passive, of County Panies. Grantee shall have no
obligation, however, to defend or indemnify County Panies from a Claim if it is determined by a coun of
competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of County Panies.
15. Governinl! Law
This Agreement shall be construed and interpreted according to the laws of the State of California,
16. Complete Al!reemeDt
This Agreement constitutes the entire agreement between Grantee and County regarding the subject mailer contained
herein. All other representations, oral or written, are superseded by this Agreement. Neither party is relying on any
representation outside of this Agreement. This Agreement may be changed only by wrinen amendment signed by
both panies,
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Indian Gaming Local Communlt)' Benefic Conunlncc
Grant ^Brecmcnt for 200405 funds
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17. Waiver
The failure of either party to enforce any term. covenant or condition of this Agreement shall not be construed as a
waiver of that party's right to subsequently enforce this, or any other term, covenant, or condition of this
Agreement. No waiver shilll be deemed effective unless the waiver is expressly stated in writing and signed by the
party waiving the right or benefit.
WHEREFORE, the parties.each freely and voluntarily agree to all of the terms and conditions recited above.
COUNTY OF SAN BERNARDINO
[GRANTEE!
By:
By:
Date:
Mark Uffer
County Administrative Officer
Date:
Judith Valles
Mayor
Print Name and Title
Approved as to
form and legal content
James F. Penman,
City Attorney
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