HomeMy WebLinkAbout07 - CC-8 - Acceptance and Allocation of the 2017 Ed - 12/17/2019MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE
ELIGIBLE MUNICIPAL CITIES AS PUBLISHED BY OFFICE OF JUSTICE PROGRAMS IN THE FY 2017 EDWARD
BYRNE MEMORIAL FUND -JUSTICE ASSISTANCE GRANT "JAG" LOCAL SOLICITATION
I.Participants
PROJECT NUMBER 2017-DJ-BX-0990 AWARD DATE 11/16/2018
ACCEPTANCE DATE: 8/23/2019
Participants hereto acknowledge the County of Orange as lead fiscal agent in charge of
programmatic oversight and administration of funds and compliance over all eligible
participant law enforcement agencies, hereinafter referred to individually as "Party" and
jointly as "the Parties."
II.Purpose
The purpose of this Memorandum of Understanding (MOU) is to support of the objectives of
the Office of Justice Programs, expressly those identified as Priority Purpose Areas (PPAs) for
the term of this award.
Ill. Program Overview and Description of Project(s)
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units
of local government, including tribes, to support a broad range of criminal justice related
activities based on their own state and local needs and conditions. Equipment purchases or
funded initiatives such as overtime, task forces, drug programs, information sharing, etc. will
be aimed at reducing crime and/or enhancing public/officer safety.
JAG funds can be used for state and local initiatives, technical assistance, training, personnel,
equipment, supplies, contractual support, and information systems for criminal justice,
including for any one or more of the following purpose areas: 1) law enforcement programs;
2) prosecution and court programs; 3) prevention and education programs; 4) corrections and
community corrections programs; 5) drug treatment and enforcement programs; 6) planning,
evaluation, and technology improvement programs; 7) crime victim and witness programs
(other than compensation); and 8) mental health programs and related law enforcement and
corrections programs, including behavioral programs and crisis intervention teams. The
County of Orange (Sheriff) will determine validity of each project included in the application
Attachment 2
MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE
ELIGIBLE MUNICIPAL CITIES AS PUBLISHED BY OFFICE OF JUSTICE PROGRAMS IN THE FY 2017 EDWARD
BYRNE MEMORIAL FUND -JUSTICE ASSISTANCE GRANT "JAG" LOCAL SOLICITATION
PROJECT NUMBER 2017-DJ-BX-0990 AWARD DATE 11/16/2018
ACCEPTANCE DATE: 8/23/2019
and subsequent awards. JAG funding will be used to support criminal justice initiatives that
fall under one or more of the allowable program areas above.
This award is subject to all administrative and financial requirements, including the timely
submission of all financial and programmatic reports, resolution of all interim audit findings,
and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these
requirements, you will be in violation of the terms of this agreement and the award will be
subject to termination for cause or other administrative action as appropriate.
THE UNDERSIGNED PARTIES HERETO ACKNOWLEDGE THE RECEIPT OF FUNDS FROM THE DEPARTMENT
OF JUSTICE AND TRANSFER OF FUNDS FROM COUNTY TO MUNICPAL GOVERNMENTS AS DETAILED IN
"ATTACHMENT 1: LOCAL AWARD ALLOCATION TABLE: ORANGE COUNTY, CA."
COUNTY OF ORANGE
COUNTY EXECUTIVE OFFICER, FRANK KIM s� .. �ff' "v.,.., &�..s'
ORANGE COUNTY SHERIFF'S DEPARTMENT
FISCAL AGENT GRANTS ADMINISTRATOR
ANAHEIM CITY
ANAHEIM POLICE DEPARTMENT
CITY MANAGER
BUENA PARK CITY
BUENA PARK POLICE DEPARTMENT
CITY MANAGER
COSTA MESA CITY
COSTA MESA POLICE DEPARTMENT
CITY MA NAG ER
APPROVED AS TO FOAM
OFRCE OF lliE COUNTY OOUNSB.
ORANGE. COUNTY, CAURJRNIA
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Om: JZ?3;19
HO IZED SIGNATORY
AUTHORIZED SIGNATORY
AUTHORIZED SIG NATO RY
AUTHORIZED SIGNATORY
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
PROJECT NUMBER 2017-DJ-BX-0990
AWARD CONTINUATION
SHEET
Grant
AWARD DATE 11/02/2018
SPECIAL CONDITIONS
PAGE 17 OF 21
IMPORTANT NOTE: Any questions about the meaning or scope ofthis condition should be directed to OJP, before
award acceptance.
54.Authority to obligate award funds contingent on compliance with 8 U.S.C. 1373; unallowable costs; obligation to notify
1.If the recipient is a State or local government--A.The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the
recipient (or of any subrecipient at any tier that is a either a State or unit of local government or a "public" institution of
higher education) that is funded in whole or in part with award funds is subject to any "information-communication
restriction."
B.In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to
reimburse itself if --at the time it incurs such costs --the "program or activity" of the recipient ( or of any
subrecipient at any tier that is a either a State or unit oflocal government or a "public" institution of higher education)
that would be reimbursed in whole or in part with award funds was subject to any "information-communication
restriction."
C.Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation
by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and all subrecipients
(regardless of tier) are in compliance with 8 U.S.C. 1373.
D.The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance
with award conditions or otherwise, has credible evidence that indicates that the funded "program or activity" of the
recipient, or of any subrecipient at any tier that is either a State or a local government or a "public" institution of higher
education, may be subject to any "information-communication restriction." In addition, any subaward (at any tier) to a
subrecipient that is either a State or a local government or a "public" institution of higher education must require
prompt notification to the entity that made the subaward, should the subrecipient such credible evidence regarding an
"information-communication restriction."
2.Any subaward (at any tier) to a subrecipient that is either a State or a local government or a "public" institution of
higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the
"program or activity" of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in
part with award funds is subject to any "information-communication restriction."
3.Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling
circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and
transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award
funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any
such deter mination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent
monitoring of subrecipient compliance with the requirements set out in the award condition entitled "Ongoing
compliance with 8 U.S.C. 1373 is required."
4.Rules of Construction
A.For purposes of this condition "information-communication restriction" has the meaning set out in the award
condition entitled "Ongoing compliance with 8 U.S.C. 1373 is required."
B.Both the "Rules of Construction" and the "Important Note" set out in the award condition entitled "Ongoing
compliance with 8 U.S.C. 1373 is required" are incorporated by reference as though set forth here in full.
OJP FORM 4000/2 (REV. 4-88)
1
CITY COUNCIL AGENDA REPORT
MEETING DATE: DECEMBER 17, 2019 ITEM NUMBER: CC-8
SUBJECT: ACCEPTANCE AND ALLOCATION OF THE 2017 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG) FUNDS
DATE: DECEMBER 3, 2019
FROM: POLICE DEPARTMENT
PRESENTATION
BY:
VICTOR BAKKILA, LIEUTENANT
FOR FURTHER INFORMATION
CONTACT:
VICTOR BAKKILA 714.754.4812
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve the proposed resolution (Attachment 1) authorizing acceptance of the 2017
Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds and
authorizing the City Manager, or designee, to execute the Memorandum of
Understanding (MOU) with Orange County and participating Orange County cities
for the 2017 Edward Byrne Memorial Justice Assistance Grant (JAG).
2. Approve a budget adjustment recognizing $21,990.60 in JAG funding and
appropriating $21,990.60 to the Police Department budget for the specified purpose.
BACKGROUND:
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is a major source
of federal criminal justice funding to states and local governments. The JAG Program
provides states and local governments with funding needed to support criminal justice
related activities, such as law enforcement programs, prosecution and court programs,
prevention and education programs, corrections and community corrections programs,
drug treatment and enforcement programs, planning, evaluation, and technology
improvement programs, crime victim and witness programs, and mental health programs.
A local JAG award is typically required to be shared by the county and one or more
jurisdictions identified by the U.S. Department of Justice (DOJ) as “disparate” within the
current Fiscal Year eligibility list.
The County of Orange (“County”) serves as the lead fiscal agent for Orange County, and
submits a single application representing the interests of itself and nine other units of local
government that are eligible to receive a funding allocation, including Costa Mesa. As the
lead fiscal agent, the County is also responsible for administration of funds allocated and
ensuring compliance with JAG Program requirements. Each year, prior to submitting the
application to the DOJ, the County reaches out to the eligible local law enforcement
agencies to solicit projects.
2
The City of Costa Mesa has participated in the JAG Program (formerly the Local Law
Enforcement Block Grant, LLEBG) since 1996. The funds have enabled the Police
Department to acquire needed equipment and technology in support of organizational
initiatives.
ANALYSIS:
The County of Orange was awarded $376,349 for the 2017 JAG, which is allocated across
eligible Orange County agencies. Each agency’s funding allocation is based on the level
of Part 1 violent crimes reported to the Federal Bureau of Investigation (FBI) over a 3-
year period. The City of Costa Mesa’s 2017 JAG allocation is $24,434; however, the
County retains a 10% administrative fee of $2,443.40, and the City’s remaining allocation
is $21,990.60. There are no City matching requirements for acceptance of this grant. The
grant period for the FY 2017 award is October 1, 2016 through September 30, 2020.
Per the JAG Program requirements, JAG funds may be used to provide additional
personnel, equipment, supplies, contractual support, training, technical assistance, and
information systems for criminal justice. The Department is proposing to use the allocated
funding on an Electronic Citation (E-Citation) System upgrade.
E-Citation System Upgrade: The Department intends to continue the incorporation of
handheld electronic “e-citation” devices that will eventually eliminate the traditional hard-
copy, paper traffic citations that are sent to court. Handheld e-citation devices will enable
field personnel to complete traffic citations more efficiently and accurately, while meeting
all data collection and reporting requirements. The e-citation devices will send electronic
traffic citations directly to a computer server at the Orange County Superior Court. The
purchase of these new e-citation devices will help the Department align with a long-term
Countywide initiative to move all traffic citations to an electronic platform.
In order to receive its allocation, the City is required to execute a Memorandum of
Understanding (MOU) with the County and other participating Orange County cities. The
proposed resolution provides for acceptance of the FY 2017 JAG funding allocation and
authorization for the City Manager or designee to execute the MOU, including all
documents and certifications required in connection with the MOU.
As a condition of subawarding JAG Program funds to a unit of local government, the JAG
Program requires the recipient, which here is the County, to obtain a “Certification of
Compliance with 8 U.S.C. § 1373” executed by the Chief Legal Officer of the local
government subrecipient prior to subawarding any funds. By signing the certification, the
Chief Legal Officer of the local governmental entity would be certifying that the local
government entity and its officials do not have in effect any prohibition or restriction that
is applicable to the activity to be funded and that deals with the following: (1) sending to,
or receiving from, Immigration and Customs Enforcement information regarding the
citizenship or immigration status of any individual; (2) maintaining such information; or (3)
exchanging such information with any other federal, state or local government entity.
Special Conditions 52 through 56 of the Grant Award to the County similarly require
subrecipients to execute the Certification of Compliance with 8 U.S.C. § 1373 and
ongoing compliance with 8 U.S.C. § 1373. The concern with the certification and
compliance with 8 U.S.C. § 1373 is that such compliance may be in conflict with California
law.1
1 See Senate Bill 54 (De Leon, 2017) (California Values Act).
3
Due to pending litigation regarding the DOJ’s authority to require compliance with such
conditions, the DOJ issued a Special Notice indicating that, at this time, it will not use or
enforce those conditions in FY 2017 JAG awards to California or its political subdivisions.
If the posture of the litigation changes or the litigation is resolved in a manner that would
permit DOJ to use or enforce these conditions, the DOJ indicated that it will provide
specific, written notice of its intent to use or enforce the conditions following such notice.
The Special Notice further indicated that, during the period in which the conditions are not
used or enforced, the Certification of Compliance with 8 U.S.C. § 1373 will not be required
of California or its political subdivisions.
Accordingly, the City will not be required to certify compliance with 8 U.S.C. § 1373 at this
time. However, if the City receives notice that the DOJ intends to use or enforce Special
Conditions 52 through 56 during the grant period and further action is required by the
City, staff will return to the City Council for direction.
ALTERNATIVES CONSIDERED:
The alternative consideration is not to accept the grant. However, the Department does
not recommend this alternative because alternative funding sources, such as the City’s
General Fund, would need to be used to purchase the additional e-citation devices
needed to comply with the Countywide initiative of moving all traffic citations to an
electronic platform.
FISCAL REVIEW:
Upon acceptance of the 2017 Edward Byrne Memorial Justice Assistance Grant (JAG), staff
is requesting authorization of a budget adjustment recognizing the JAG funds of $21,990.60
and appropriating $21,990.60 in the Police Department budget for the specified purpose.
LEGAL REVIEW:
The City Attorney’s Office reviewed this report, the resolution and the MOU and approved
them as to form.
CITY COUNCIL GOALS & PRIORITIES:
This item supports City Council Goal 1, Keep our Community Safe.
CONCLUSION:
Based upon the criteria outlined in the Edward Byrne Memorial Justice Assistance Grant,
staff recommends that the City Council:
1. Approve the proposed resolution (Attachment 1) authorizing acceptance of the 2017
Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds and
authorizing the City Manager, or designee, to execute the Memorandum of
Understanding (MOU) with Orange County and participating Orange County cities
for the 2017 Edward Byrne Memorial Justice Assistance Grant (JAG).
2. Approve a budget adjustment recognizing $21,990.60 in JAG funding and
appropriating $21,990.60 to the Police Department budget for the specified purpose.
4
VICTOR BAKKILA BRYAN GLASS
Lieutenant Acting Chief of Police
KELLY A. TELFORD, CPA KIMBERLY HALL BARLOW
Finance Director City Attorney
ATTACHMENTS: 1.
2.
Proposed Resolution
Memorandum of Understanding between the County of
Orange and Eligible Municipal Cities for the FY 2017 Edward
Byrne Memorial Justice Assistance (JAG) Program
Resolution No. 19-xx Page 1 of 2
RESOLUTION NO. 19-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AUTHORIZING THE APPLICATION FOR, AND ACCEPTANCE OF, A
GRANT AWARD FROM THE ORANGE COUNTY SHERIFF FOR THE FY 2017
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE COUNTY IN CONNECTION WITH SUCH
ACCEPTANCE
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program
allows states and local governments to support a broad range of criminal justice related
activities based on their own needs and conditions; and
WHEREAS, the County of Orange (“County”), acting as the lead agency, applied
for FY 2017 JAG funds on behalf of itself and participating Orange County cities, including
the City of Costa Mesa; and
WHEREAS, the County received an allocation of $376,349.00 for FY 2017; and
WHEREAS, the City of Costa Mesa is eligible to receive an allocation of
$21,990.60 from the County’s allocation; and
WHEREAS, the City of Costa Mesa supports the JAG Program goals and wishes
to participate in the Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa
Mesa that:
1. The City Council hereby approves the application for, and acceptance of,
FY 2017 JAG Program funds from the County of Orange.
2. The City Manager or her designee is hereby authorized to execute the
Memorandum of Understanding with the County and participating Orange
County cities, including all documents and certifications required in
connection with the Memorandum of Understanding, and to take all steps
necessary to implement this authorization and JAG Program requirements
and objectives. Notwithstanding the foregoing, the City Manager shall not
make any certifications relating to compliance with 8 U.S.C. § 1373.
Attachment 1
Resolution No. 19-xx Page 2 of 2
3. No City officer or official shall make any certifications relating to compliance
with 8 U.S.C. § 1373 in connection with this application for and acceptance
of the grant award without prior approval from the City Council.
PASSED AND ADOPTED this 17th day of December, 2019.
_____________________________
Katrina Foley, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________
Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 19-xx and was duly passed
and adopted by the City Council of the City of Costa Mesa at a regular meeting held on
the 17th day of December, 2019, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 18th day of December, 2019.
________________________
Brenda Green, City Clerk