HomeMy WebLinkAbout20B - 2009 RECOVERY ACT EDWARD BYRNE MEMORIAL JAGREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEI~ER 8, 2009
TITLE
APPROPRIATION ADJUSTMENT
ACCEPTING THE 2009 RECOVERY ACT
EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For^
CONTINUED TO
FILE NUMBER
1. Approve an appropriation adjustment recognizing the 2009 Recovery Act
Edward Byrne Memorial Justice Assistance Grant in the amount of $743,274
into the revenue account (no. 12814002-52001) and appropriate same into
the 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant
Expenditure account (no. 12814411-various).
2. Authorize the City Manager, Chief of Police, and the Clerk of the
Council to execute an agreement with the County of Orange, Sheriff's
Department to transfer the 2009 Recovery Act Edward Byrne Memorial
Justice Assistance Grant Program funds in the amount of $743,274.
DISCUSSION
The 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG)
program is the primary provider of federal criminal justice funding to
state and local jurisdictions. It is a formula grant that blends the
previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG)
programs. JAG requires a single unit of county government to function as
the applicant/fiscal agent to apply for, receive, and administer the funds
on behalf of the entire county. A memorandum of understanding designated
the County of Orange, Sheriff-Coroner Department as the lead agency for
this program.
For FY 2009, $917,620 has been allocated for Santa Ana. The City agreed to
allocate 10 percent of the total funding, or $91,760, to the Orange County
Pro-Active Methamphetamine Laboratory Investigative Team to supplement
their resources. JAG also allows the fiscal agent for each county to use a
portion of the award for costs associated with administering the funds.
The Orange County Sheriff-Coroner Department will retain $82,586 (9.0
percent) for administrative fees. The remainder of the funds in the amount
of $743,274 will be utilized by the Police Department to hire two sworn
officers for direct deployment to front line enforcement positions.
20B-1
2009 JAG Grant
September 7, 2009
Page 2
FISCAL IMPACT
The appropriation adjustment will enhance the Recovery Act 2009 JAG revenue
account (no. 12814002-52001) by an amount of $743,274 and increase the same
into the Recovery Act 2009 JAG Expenditure account (no. 12814411-various).
APPROVED AS TO FUNDS AND ACCOUNTS:
Paul M. Walters
Chief of Police
Police Department
,~ , ` ~
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
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AGREEMENT TO TRANSFER FUNDS
FOR FY 2009 RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT (JAG) PROGRAM
THIS AGREEMENT is entered into this day of 2009, which date is
enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political
subdivision of the State of California, hereinafter referred to as "COUNTY", and
a municipal corporation, hereinafter referred to as
"SUBGRANTEE."
WHEREAS, COUNTY, acting through its Sheriff-Coroner Department, hereinafter referred to
as SHERIFF, in its capacity as the lead agency on behalf of 33 local government agencies, including
SHERIFF and SUBGRANTEE, has applied for, received and accepted the FY 2009 Recovery Act
Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice, Office of Justice
Programs, Bureau of Justice Assistance (hereinafter referred to as "the grant"}.
WHEREAS, the purpose of the grant is to supplement the resources available to the multi
agency Orange County Pro-Active Methamphetamine Laboratory Investigative Team (PROACT), and
to various programs designated to prevent and control crime within the County of Orange that are
operated by 33 local government agencies, as set forth in Attachment A (Program Narrative), which is
attached hereto and incorporated herein by reference.
WHEREAS, the terms of the grant require that certain grant funds be transferred to
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SUBGRANTEE to be used for the grant purposes, which may include local initiatives, technical
assistance, training, personnel, equipment, supplies, contractual support, and information systems for
law enforcement, as more particularly described in Attachment A hereto.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. COUNTY shall transfer to SUBGRANTEE grant funds, in arrears, as necessary to
reimburse SUBGRANTEE for reasonable and permissible expenditures for the grant purposes. In order
to obtain grant funds, SUBGRANTEE shall comply with the instructions and submit to SHERIFF all
CFDA 16.804
FY2009 Recovery Act JAG Program
U.S. Department of Justice Page 1 of 5
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required information and documentation, as set forth in Attachment B hereto ("How to Apply for FY
2009 Recovery Act JAG Grant Reimbursements"), which is attached hereto and incorporated herein by
reference. In no event will the total amount of the grant funds transferred by COUNTY to
SUBGRANTEE hereunder exceed SUBGRANTEE's allocation, as set forth in Attachment C hereto
("FY09 Recovery Act Justice Assistance Grant Funding OC Allocation"), which is attached hereto and
incorporated herein by reference.
2. SUB-GRANTEE shall be reimbursed with said grant funds only for expenditures
necessary to acquire personal property or equipment as set forth in Attachment A hereto [herinafter
called "grant property and equipment"] or to perform such other grant functions, if any, for which
Attachment A specifies that SUBGRANTEE may utilize grant funds.
3. Throughout their useful life, SUBGRANTEE shall use grant property and equipment
only for grant purposes in accordance with Attachment A hereto.
4. SUBGRANTEE shall exercise due care to preserve and safeguard grant property and
equipment from damage or destruction and shall provide regular maintenance and such repairs for grant
property and equipment as are necessary, in order to keep said grant property and equipment
continually in good working order.
5. If grant property or equipment becomes obsolete, SUBGRANTEE shall dispose of it
only in accordance with the instructions of COUNTY or the agency from which COUNTY received the
grant funds.
6. SUBGRANTEE shall submit to the COUNTY grant program reporting documents and
information in accordance with requirements set out in FY2009 Recovery Act Edward Byrne Memorial
Justice Assistance Grant Program Reporting Requirements and as outlined in the Office of Management
and Budget Memorandum M-09-21 which are attached hereto as Attachment D and incorporated herein
by reference.
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7. SUBGRANTEE shall comply with all applicable terms of the certifications and special
conditions that are attached hereto as Attachment E and incorporated herein by reference.
8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully
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bound by this Agreement and all applicable provisions of Attachments A, B, C, D and E hereto.
SUBGRANTEE shall notify COUNTY immediately upon discovery that it has not abided or no longer
will abide by any applicable provision of this Agreement or Attachments A, B, C, D or E hereto.
9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State
Auditor General with respect to this Agreement for a period of three years after final payment
~ hereunder.
10. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and the
agency from which COUNTY received grant funds, and their elected and appointed officials, officers,
agents and employees from any and all claims and losses accruing or resulting to any and all contractors,
subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work,
services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement,
including Attachments A, B, C, D and E hereto, and from any and all claims and losses accruing or
resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the
performance of this Agreement, including Attachments A, B, C, D and E hereto.
11. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by duly authorized. representatives of the parties hereto, and no oral understanding or
agreement not incorporated herein shall be binding on any of the parties hereto.
12. SUBGRANTEE may not assign this Agreement in whole or in part without the express
written consent of COUNTY.
13. For a period of three years after final payment hereunder or until all claims related to
this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
documents, papers and records relevant to the work performed or property or equipment acquired in ~
accordance with this Agreement, including Attachments A, B, C, D and E hereto. For the same time
period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the
agency from which COUNTY received the grant funds or their duly authorized representative(s), for
examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon
request, during usual working hours.
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14. SUBGRANTEE shall provide to COUNTY all records and information requested by
COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
required to provide to the agency from which COUNTY received grant funds or other persons or
agencies.
15. COUNTY may terminate this Agreement and be relieved of the payment of any
consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained
in this Agreement, including the applicable terms of Attachments A, B, C, D and E hereto, at the time
and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of
termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY.
16. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
performance of this Agreement, including Attachments A, B, C, D and E hereto, and shall not be
considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which
COUNTY received grant funds.
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U.S. Department of Justice Page 4 of 5
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IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
DATED: ~ , 2009
APPROVED AS TO FORM:
COUNTY COUNSEL
Nicole Sims, Deputy
DATED: ~ ~~ , 2009
DATED: , 2009
I ATTEST:
City Clerk
DATED: , 2009
COUNTY OF ORANGE, a political
subdivision of the State of California
,./~ ~~
By ,..' ~~ ~-~..'~
Shefiff--Coro er
"COUNTY"
SUBGRANTEE
By
CFDA 16.804
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