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CC - Item 4I - 2009 Justice Assistance Grant Program ApplicationsROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: MATTHEW E. HAWKESWORTH, ACTING CITY MANAGER DATE: JUNE 9, 2009 SUBJECT: 2009 JUSTICE ASSISTANCE GRANT PROGRAM APPLICATIONS SUMMARY On February 17, 2009, President Obama signed into law the landmark American Recovery and Reinvestment Act of 2009. As one of its many elements, the Recovery Act has provided the U.S. Department of Justice with grant funding that is currently being distributed under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are most needed. These funds allow states and local government to support a broad range of activities to prevent and control crime and to improve the criminal justice system. Pursuit of these funds requires all potential recipients in the Los Angeles County to file a joint application and sign a Memorandum of Understanding with the City of Los Angeles in order for any of the recipients to receive these funds. Staff Recommendation Staff recommends that the City Council authorize the City Manager to sign the Memorandum of Understanding (MOU) and all other required contracts and certifications in order to participate in the 2009 Justice Assistance Grant Program. ANALYSIS Los Angeles County agencies are eligible to receive $30,514,178 in grant funding, $113,906.32 of which is earmarked for the City of Rosemead. The remaining $30,400,272 is intended for the remaining seventy-seven (77) agencies. Because this amount is more than four (4) times the amount the City of Rosemead is to receive, the Bureau of Justice Assistance considers this to be a funding disparity. As a result, they require all agencies in the County to submit a signal, joint application in order to receive funding. The grant requires one agency (in this case the City of Los Angeles) be responsible for the fiscal agent requirements such as monitoring and reporting for Recovery Act funding and entitles that grant administrator to receive ten (10) percent of each agency's award as an administration fee. The portion of our awarded funds that would go to the City of Los Angeles toward the administrative fee is $11,390.63, leaving a balance of $102 515 69 ITEM NO._ APPROVED FOR CITY COUNCIL AGENDA: City Council Report June 9, 2009 Pace 2 of 3 The City will use these funds to continue its contract with the Los Angeles County Sheriffs Department to fund one specially trained deputy of the School Resources Officer (SRO) Program. The JAG will assist in off-setting the cost of the SRO. The balance of the cost for this deputy is scheduled to be absorbed by the City's General Fund. The SRO program assigns one full-time deputy to the eleven (11) schools located within the City of Rosemead as a liaison between the Los Angeles County Sheriff's Department and the schools. The SRO program was developed with Community Oriented Policing in mind. The SRO is an asset used by the community and the school districts in an attempt to address situations in the lives of students in a manner other than the judicial system. The SRO program is a nationally accepted program involving the placement of a law enforcement officer within the educational environment. The deputy is involved in a variety of functions while in the school aimed at prevention. In addition to being an active high profile law enforcement officer, the SRO is a resource for students, parents, teachers and administration regarding law issues. Another duty for the SRO is being a link to other service agencies that provide preventive and counseling services within the school district. Working hand-in-hand with the Administrators in each school, the SRO assists with finding solutions to problems afflicting today's school age children. The SRO is a proactive approach to deal with the pressures that today's youth finds itself having to confront. This includes the use of alcohol, drugs, and tobacco, along with peer pressure, graffiti/vandalism, and gang activity. These situations are not only in the schools, but in the community as well. The approach of addressing these issues only in the school, or only in the community, has not been completely effective. Traditionally, police and schools did not interact until one called upon the other. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. LEGAL REVIEW The attached MOU Agreement has been reviewed and approved by the City Attorney. Prepared by: Michelle G. Ramirez J Economic Development Administrator City Council Report June 9, 2009 Paoe 3 of 3 Sugai BrAssistant City Manager Attachment A - Memorandum of Understanding MEMORANDUM OF UNDERSTANDING BETWEEN JURISDICTIONS AND THE CITY OF LOS ANGELES RECOVERY ACT JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Memorandum of Understanding ("MOU") is made and entered into this Istday of July 2009, by and among the City of Los Angeles, acting by and through its governing body, the City Council ("CITY"), and each of the jurisdictions and entities, severally and not jointly, whose names are set forth on Exhibit A attached hereto and whose signatures to this MOU are attached hereto, each acting by and through its respective governing body (which jurisdictions and entities are hereinafter collectively referred to as "Jurisdictions" and each individually as a "Jurisdiction"), the City and the Jurisdictions being located in Los Angeles County, State of California. WHEREAS, this MOU is authorized pursuant to Section 23005 of the Government Code; and WHEREAS, this MOU is authorized by the Los Angeles City Council and the Mayor of Los Angeles (refer to Council File 09-0648-S5 dated May 22, 2009) and the Jurisdiction's respective governing body (i.e. its City Council and Mayor or Board of Supervisors); and WHEREAS, the United States Department of Justice, Office of Justice Programs' Bureau of Justice Assistance ("BJA") administers the U.S. Department of Justice, Recovery Act Edward Byrne Memorial Justice Assistance Grant ("JAG") Program; and WHEREAS, BJA requires a Memorandum of Understanding ("MOU") between the Jurisdiction and City prior to allocating JAG funds; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this MOU is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this MOU; and WHEREAS, the CITY agrees to serve as the applicant/fiscal agent for the JAG funds allocated to the Jurisdiction and to provide the Jurisdiction with the amount of JAG funds approved by BJA for use as approved by BJA under the American Recovery and Reinvestment Act of 2009 (the "Recovery Act"); NOW THEREFORE, the Jurisdiction and CITY agree as follows: Recovery Act JAG MOU 1 06/09 Section 1 The term of this MOU shall commence on March 1, 2009 and end February 28, 2012. Said term is subject to the provisions herein. Section 2 Exhibit A to this MOU sets forth the amount of JAG funds allocated to each Jurisdiction by BJA. Upon the disbursement by BJA to the City of JAG funds allocated to the Jurisdiction, the CITY agrees to disburse to the Jurisdiction that amount set forth on Exhibit A as the "Disbursement Amount" for the Jurisdiction. The Disbursement Amount is the amount of JAG funds allocated to the Jurisdiction by BJA less 10% of such allocated amount to be retained by the City as compensation to the City for its role as applicant/fiscal agent of such JAG funds. The Jurisdiction agrees to use the JAG funds for those projects approved by BJA under the Recovery Act and the JAG program as set forth in the application for the JAG funds submitted by the City to BJA. Prior to disbursement of the Disbursement Amount of JAG funds to the Jurisdiction, the Jurisdiction agrees to enter into a contract with the City setting forth the Jurisdiction's and the City's assurances and obligations regarding the use of JAG funds, which shall include without limitation compliance with all applicable laws and reporting requirements under the Recovery Act in connection with the use of the JAG funds (the "Contract"). Section 3 Nothing in the performance of this MOU shall impose any liability for claims against the Jurisdiction other then claims for which liability may be imposed by the California Tort Claims Act, or claims by the State or Federal Government for unallowable expenditure of the funds provided by this MOU. Section 4 Nothing in the performance of this MOU shall impose any liability for claims against CITY other than claims for which liability may be imposed by the California Tort Claims Act, or claims by the State or Federal Government for unallowable expenditure of the funds provided by this MOU. Section 5 Funding for all periods of this MOU is subject to the continuing availability of Federal funds for this program. The MOU may be terminated immediately upon written notice to the Jurisdiction of a loss or reduction of Federal grant funds. Any change in the terms of this MOU, including any increase or decrease in the amount of JAG funds awarded, shall be incorporated into this MOU by a written amendment properly executed and signed by the person authorized to bind the parties. Section 6 Upon the disbursement of funds to the Jurisdiction, the Jurisdiction shall provide performance reports on a quarterly basis demonstrating progress in achieving desired goals and outcomes in a form and manner as required under the JAG program and the Recovery Act. Such reporting requirements shall also be set forth in the Contract, which shall also provide dates on which these reports shall be submitted to the CITY. Recovery Act JAG MOU 2 06/09 Section 7 Each of the parties to this MOU is a public entity. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities, solely by reason of such entities being parties to an MOU as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this MOU, to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above stated purpose, each party indemnifies and holds harmless the other party solely by virtue of said Section 895.2. The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein. The Jurisdiction certifies that it has adequate self insured retention of funds to meet any obligation arising from this MOU. CITY also certifies that it has adequate self-insured retention of funds to meet any obligation arising from this MOU. Each party to this MOU will be responsible for its own actions in providing services under this MOU and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 8 The parties to this MOU warrant that they will abide by all the Federal, State and other governmental rules and regulations applicable to the JAG funds and the Recovery Act. The Jurisdiction shall be liable to the City, as fiscal agent, for any sums spent under the JAG grant found to be ineligible by the State or Federal government. The Jurisdiction shall cooperate and assist the City in any audit, or administrative or judicial actions brought by the State or Federal government concerning the activities funded by this MOU. Section 9 The parties to this MOU do not intend for any third party to obtain a right by virtue of this MOU. Section 10 By entering into this MOU, the parties do not intend to create any obligations express or implied other than those set out herein. Further, this MOU shall not create any rights in any party not a signatory hereto. Section 11 This MOU may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. Recovery Act JAG MOU 3 06/09 IN WITNESS WHEREOF, the governing bodies of the parties hereto have authorized the foregoing Memorandum of Understanding between the Jurisdiction whose execution is set forth below and the City of Los Angeles to be executed on the 1st day of July 2009. CITY OF ROSEMEAD MARGARET CLARK, Mayor By: APPROVED AS TO FORM: CITY OF ROSEMEAD JOE MONTES, City Attorney Burke, Williams & Sorensen, LLP By: City Attorney Date: Date: ATTEST: GLORIA MOLLEDA, City Clerk By: City Clerk Date: CITY OF LOS ANGELES ANTONIO R. VILLARAIGOSA, Mayor By: Date: APPROVED AS TO FORM: CITY OF LOS ANGELES ROCKARD J. DELGADILLO, City Attorney By: Attach City Seal Below: Attach City Seal Below: ATTEST: JUNE A. LAGMAY, City Clerk By: Deputy City Attorney Date: Council File/CAO Number Deputy City Clerk Date: 09-0648-S5 Date: May 22, 2009 Said MOU is Number of City Contracts Recovery Act JAG MOU 4 04/09 EXHIBIT A JURISDICTION ALLOCATED AMOUNT 10% DEDUCTION DISBURSEMENT AMOUNT AGOURA HILLS CITY $21,764.22 $2,176.42 $19,587.80 ALHAMBRA CITY $143,455.23 $14,345.52 $129,109.70 ARCADIA CITY $71,330.16 $7,133.02 $64,197.14 ARTESIA CITY $47,500.98 $4,750.10 $42,750.88 AZUSA CITY $93,571.53 $9,357.15 $84,214.38 BALDWIN PARK CITY $152,033.81 $15,203.38 $136,830.43 BELL CITY $79,908.74 $7,990.87 $71,917.87 BELL GARDENS CITY $124,391.48 $12,439.15 $111,952.33 BELLFLOWER CITY $241,157.67 $24,115.77 $217,041.90 BEVERLY HILLS CITY $67,676.39 $6,767.64 $60,908.75 BURBANK CITY $122,644.29 $12,264.43 $110,379.86 CARSON CITY $328,533.33 $32,853.33 $295,680.00 CERRITOS CITY $77,049.88 $7,704.99 $69,344.90 CLAREMONT CITY $37,333.58 $3,733.36 $33,600.23 COMMERCE CITY $65,611.44 $6,561.14 $59,050.29 COMPTON CITY $798,455.93 $79,845.59 $718,610.33 COVINA CITY $95,318.72 $9,531.87 $85,786.85 CUDAHY CITY $61,322.14 $6,132.21 $55,189.93 CULVER CITY $90,553.29 $9,055.33 $81,497.96 DIAMOND BAR CITY $55,284.66 $5,528.47 $49,756.19 DOWNEY CITY $224,794.40 $22,479.44 $202,314.96 DUARTE CITY $45,117.26 $4,511.73 $40,605.53 EL MONTE CITY $321,701.94 $32,170.19 $289,531.74 EL SEGUNDO CITY $16,839.41 $1,683.94 $15,155.47 GARDENA CITY $230,354.75 $23,035.47 $207,319.27 GLENDALE CITY $173,639.66 $17,363.97 $156,275.69 GLENDORA CITY $33,679.82 $3,367.98 $30,311.83 HAWAIIAN GARDENS CITY $71,489.54 $7,148.95 $64,340.59 HAWTHORNE CITY $303,114.34 $30,311.43 $272,802.90 HERMOSA BEACH CITY $28,595.62 $2,859.56 $25,736.05 HUNTINGTON PARK CITY $275,472.01 $27,547.20 $247,924.81 INGLEWOOD CITY $499,471.50 $49,947.15 $449,524.35 IRWINDALE CITY $10,643.54 $1,064.35 $9,579.19 LA CANADA FLINTRIDGE CITY $11,438.45 $1,143.84 $10,294.60 LA MIRADA CITY $55,284.66 $5,528.47 $49,756.19 LA PUENTE CITY $113,430.18 $11,343.02 $102,087.16 LA VERNE CITY $33,202.67 $3,320.27 $29,882.40 LAKEWOOD CITY $196,198.79 $19,619.88 $176,578.91 LANCASTER CITY $599,080.52 $59,908.05 $539,172.47 LAWNDALE CITY $104,374.45 $10,437.45 $93,937.01 LOMITA CITY $50,995.37 $5,099.54 $45,895.83 LONG BEACH CITY $1,627,573.43 $162,757.34 $1,464,816.09 "'LOS ANGELES $14,313,589.02 $1,431,358.90 $12,882,230.12 "'LOS ANGELES COUNTY $3,579,707.65 $357,970.77 $3,221,736.89 LYNWOOD CITY $332,027.71 $33,202.77 $298,824.94 MALIBU CITY $11,438.45 $1,143.84 $10,294.60 Recovery Act JAG MOU 5 06/09 MANHATTAN BEACH CITY $27,642.33 $2,764.23 $24,878.10 MAYWOOD CITY $75,778.83 $7,577.88 $68,200.95 MONROVIA CITY $64,658.15 $6,465.81 $58,192.33 MONTEBELLO CITY $127,409.72 $12,740.97 $114,668.75 MONTEREY PARK CITY $80,862.03 $8,086.20 $72,775.83 NORWALK CITY $261,650.84 $26,165.08 $235,485.76 PALMDALE CITY $488,351.82 $48,835.18 $439,516.64 PARAMOUNT CITY $209,384.43 $20,938.44 $188,445.98 PASADENA CITY $342,830.64 $34,283.06 $308,547.57 PICO RIVERA CITY $148,538.42 $14,853.84 $133,684.58 POMONA CITY $591,772.98 $59,177.30 $532,595.68 RANCHO PALOS VERDES CITY $20,017.03 $2,001.70 $18,015.33 REDONDO BEACH CITY $98,020.20 $9,802.02 $88,218.18 ROSEMEAD CITY $113,906.32 $11,390.63 $102,515.69 SAN DIMAS CITY $39,716.30 $3,971.63 $35,744.67 SAN FERNANDO CITY $58,303.90 $5,830.39 $52,473.51 SAN GABRIEL CITY $98,496.35 $9,849.63 $88,646.71 SANTA CLARITA CITY $174,751.32 $17,475.13 $157,276.19 SANTA FE SPRINGS CITY $68,947.44 $6,894.74 $62,052.70 SANTA MONICA CITY $275,949.15 $27,594.92 $248,354.24 SIGNAL HILL CITY $30,660.57 $3,066.06 $27,594.51 SOUTH EL MONTE CITY $64,498.77 $6,449.88 $58,048.89 SOUTH GATE CITY $255,772.74 $25,577.27 $230,195.46 SOUTH PASADENA CITY $19,063.74 $1,906.37 $17,157.37 TEMPLE CITY $36,698.06 $3,669.81 $33,028.25 TORRANCE CITY $161,565.68 $16,156.57 $145,409.12 VERNON CITY $23,353.04 $2,335.30 $21,017.73 WALNUT CITY $23,353.04 $2,335.30 $21,017.73 WEST COVINA CITY $184,442.58 $18,444.26 $165,998.32 WEST HOLLYWOOD CITY $157,118.01 $15,711.80 $141,406.21 WHITTIER CITY $152,510.96 $15,251.10 $137,259.86 ***Los Angeles City and Los Angeles County will pool together their respective disbursement amounts and allocate from such pool $14,103,967.01 to be used for the Los Angeles Regional Interoperable Communications System ("LA-RICS"). The remainder of the $2,000,000 from such pool after the allocation will be split evenly between them for their respective use as approved under the JAG Grant. The 10% deduction from all other jurisdictions will be added to the City's total for Management and Administration of the grant for a total of $1,623,493.50. Recovery Act JAG MOU 6 06/09