HomeMy WebLinkAbout12 JAG GRANT - PD 09-01-09AGENDA REPORT Agenda Item 12
Reviewed:
City Manager
Finance Director
MEETING DATE: SEPTEMBER 1, 2009
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: SCOTT M. JORDAN, CHIEF OF POLICE
SUBJECT: 2009 RECOVERY ACT JUSTICE ASSISTANCE GRANT (JAG)
SUMMARY
Congress established the Byrne Justice Assistance Grant (JAG) program in the 2005
Omnibus Appropriations Package. On April 21, 2009, the Police Department proposed
and received City Council approval to use the 2009 JAG funds to provide supplemental
funding to the Proactive Methamphetamine Task Force (PROACT) and to implement a
wireless local area network (WEAN) for data transfer from police units to storage areas.
The final JAG program requirement consists of City Council approval to transfer the
funds to the City of Tustin.
RECOMMENDATION
Approve attached "Agreement to Transfer Funds for 2009 Recovery Act JAG Program"
to authorize reimbursement from the County of Orange to the City of Tustin.
FISCAL IMPACT
The grant award is in the amount of $82,412. After a 10% PROACT contribution and a
9% administration fee, the City of Tustin will retain $66,754. The County of Orange will
serve as the applicant/fiscal agent for the Justice Assistance Grant funds and will
reimburse the City of Tustin the full amount of the City's portion of the grant award upon
verification that the funds have been allocated in accordance with grant procedures and
City Council approval to transfer funds is obtained.
BACKGROUND
On April 21, 2009, Council approved the Police Department's proposal to utilize Recovery Act
JAG Grant funding to establish a WEAN. The final JAG program requirement consists of
Council approval to transfer the funds to the City of Tustin. The JAG Program requires the
2009 Recovery Act JAG
September 1, 2009
Page 2 of 2
City Clerk and Mayor signatures on the attached document titled "Agreement to Transfer
Funds for FY 2009 Recovery Act JAG Program" before staff can submit the actual request to
the Orange County Sheriffs Financial Division for payment.
Two original hard copies of this document are required to be returned to the County
Administrative Grant Manager no later than September 17, 2009. No monetary
reimbursements will be authorized until these documents are submitted.
7~ i
SCOTT M. JORD
Chief of Police
C7vIVJCUh.C.
CHRISTINE SCHWA
Support Services Division Manager
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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 ~ ST day of S~~T. 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
C (Tl-( ~ (- -f l.Q STS N 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
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 'I
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 [herinafier
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 Byme 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.
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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CFDA 16.804
FY2009 Recovery Act JAG Program
U.S. Department of Justice
Paee 2 of 5
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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 yeazs after final payment
I 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
I written consent of COUNTY.
13. For a period of three years after fmal 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.
CFDA 16.804
FY2009 Recovery Act JAG Program
U.S. Deoartrnent of Justice
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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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CFDA 16.804
FY2009 Recovery Act ]AG Program
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
By ~*G~ Q.~
Nicole Sims, Deputy
DATED: ~ ~S , 2009
DATED: , 2009
ATTEST:
City Clerk
DATED: 2009
CFDA 16.804
FY2009 Recovery Act JAG Program
U.S. Department of Justice
COUNTY OF ORANGE, a political
subdivision of the State of California
.,
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By ~ -<
Sh~rlff--Coro er
"COUNTY"
SUBGRANTEE
By
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