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HomeMy WebLinkAboutORANGE, COUNTY OF, SHERIFF'S DEPARTMENT (3) - 2011t y A-2011-001 AGREEMENT TO TRANSFER FUNDS 2 3 4 5 6 7 v 8 LJ 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 FOR 2010 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM zo(l THIS AGREEMENT is entered into this L day of : GCkv\ 204-0, 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 rk -L- o 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 nineteen units of local government, including SHERIFF and SUBGRANTEE, has applied for, received and accepted the 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 individual agencies included in the above-referenced nineteen units of local government, as set forth in Attachment A hereto (Program Narrative in the grant MOU), 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 reimburse SUBGRANTEE for reasonable and permissible expenditures for the grant purposes. In order 28 CFDA 16.738 FY2010 JAG Program U.S. Department of Justice 10 Page I of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 to obtain grant funds, SUBGRANTEE shall comply with the instructions and submit to SHERIFF all required information and documentation, as set forth in Attachment B hereto ("How to Apply for 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 ("JAG Program Allocation"), which is attached hereto and incorporated herein by reference. 2. SUBGRANTEE 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 Attachment D ("Edward Byrne Memorial Justice Assistance Grant Reporting Requirements"), which is attached hereto and incorporated herein by reference. 7. SUBGRANTEE shall comply with all applicable terms of the certification(s) 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 bound by this Agreement and all applicable provisions of Attachments A, B, C, D and E hereto. 28 CFDA 16.738 FY2010 JAG Program U.S. Department of Justice 10 Page 2 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. i 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 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 perfonnance of this Agreement, including Attachments A, B, C, D and E hereto. H. 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. CFDA 16.735 FY2010 JAG Program U.S. Department of'Justice 10 Page 3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 terniinate 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. CFDA 16.738 FY2010 JAG Program U.S. Department oflustice 10 Page 4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California. DATED: 1112-3 , 2010 APPROVED AS TO FORM: COUNTY COUNSEL Byl ZC? e4 Nicole Sims, Deputy DATED: 1(-'119 , 2010 DATED: .2010 COUNTY OF ORANGE, a political subdivision of the State of California By Sandra Hutchen, Sherif -Coroner Sheriff-Coron Department "COUNTY" APPR ED AS TO OR* SUBGRANTEE wK, BY Name and Title City ATTEST: 4 C, City Clerk DATED: CFDA 16.738 FY2010 JAG Program U. S. Department of Justice 10 Page 5 of 5 r A M. CROSTNWAITE Deputy City AaorMey ATTACHMENT A Santa Ana criminal street gang population of approximately 6,900 which accounts for less than two percent of the City's population, this criminal element constitutes a significant impact on fear in the community and threatens the safety and stability of our neighborhoods. It is our belief that Gangs in Santa Ana are responsible for a disproportionate amount of the crime being committed. Through the use of grant funding the City of Santa Ana will augment its Gang Enforcement Units, and Career Criminal Unit with suppression units working overtime to target enforcement of gang members and Career Criminals involved in violent behavior. The Department currently lacks the man power and fiscal resources to address this problem, these officers will be deployed directly into the neighborhoods being most affected by the current state of affairs and will be funded for the three year grant period. This funding will equate to 2,565 hours of additional law enforcement presence on our streets. The Santa Ana Police Department is additionally providing 10% of its allocated funds to Pro-Act Program in support of their operational needs. Goals of the Project. The goal of these projects is to reduce criminal activity through enhanced enforcement efforts, increase public safety and equip frontline law enforcement with needed safety equipment. Strategies to be used for project: The use of selective enforcement overtime coupled with crime analysis data allows resources to be specifically deployed in areas of increased criminal activity during time frames found to be most beneficial to project goals. • Contact gang members and Career Criminals to gain intelligence and investigative information for prosecutorial purposes • Increase the number of arrest and prosecution of gang members and Career Criminals • Reduce the fear gang members and Career Criminals evoke in the community through high visibility police presence and enforcement activates. Budget Narrative: Include breakdown for Personnel, travel, equipment, supplies, consultants/contracts, other costs, etc. Funds will be utilized for personnel overtime and frontline law enforcement safety equipment. No funds are allocated for travel, supplies, consultant / contracts, etc... All funds, except those allocated to PROACT, will be utilized in support of frontline law enforcement efforts only. 2010- DJ-BX-0324 Page 27 of 34 ATTACHMENT A Goals of the project: 1) To increase community awareness and education in crime prevention through the implementation of both a neighborhood and business watch program in the City of Stanton. 2) Increase interaction between law enforcement and the community during City events and activities, through use of overtime, in effort to build a better partnership to help reduce crime. 3) Continue to support a Stanton Police Services Bicycle Patrol Team which will participate in community events and afford deputies the opportunity to gain legitimacy in the eyes of the public by interacting with the community in a positive environment away from calls for service. Strategies to be used for project: • Assist residents in creating neighborhood watch groups in effort to reduce crime. • Provide materials and continued support of neighborhood watch groups through participation in meetings and events /activities. • Collaborate with the Stanton Business Alliance to create a business watch program in the City of Stanton and attend monthly meetings with the business community. • Provide materials and continued support of Stanton Business/Neighborhood Watch. • Utilize JAG funding to cover overtime costs for neighborhood and business watch meetings and activities. • Purchase and maintain patrol bicycles and all related equipment and items necessary for the continued implementation of the Stanton Bicycle Patrol Team. • Utilize JAG funding to cover overtime costs for Bike Team members to participate in City activities and events. Budaet Narrative: Include breakdown for Personnel, travel, equipment, supplies, consultants/contracts, other costs, etc. 75% of allocated funds are to be used for Personnel Overtime in achieving the program goals. 20 % of allocated funds are to be used for purchase and maintenance of equipment for the Stanton Bicycle Patrol Team. 5% of the allocated funds are to be used for Neighborhood/Business Watch program literature. 2010- DJ-BX-0324 Page 29 of 34 ATTACHMENT A City: Tustin The City of Tustin proposes to use the 2010 Justice Assistance Grant funding as follows: Project Objectives: Include type of programs to be funded and the need for the programs for the four year grant period: Digital audio and video recording of suspect interviews is now mandatory for court use in prosecution of suspects. Tustin PD's current system is an antiquated VCR type recording system. The stated project objective is to install a digital audio/video recording system in two non-secure interview rooms to meet court mandates for recording compatibility. Goals of the project: Project goal is to be able to meet court mandates to supply suspect interviews in digital format. Strategies to be used Lor project: Strategy intended for most cost-effective solution would be to utilize an extension system of current digital media solution used for Mobile Audio/Video in police units, designed to accomplish a "one stop shopping" storage solution for digital media. Budget Narrative: Include breakdown for Personnel, travel, equipment, supplies, consultants/contracts, other costs, etc. Equipment Costs: Total $14,046.41 - requiresa Tustin match of $2,256.41 for completion. Timeline and/or project plan: Identify when the goals and objectives will be completed This project will proceed immediately upon approval of expenditure. Funding: Total Allocation: $14,559 PROACT Contribution: (10%) $1,456 Administrative Fee (9%): $1,310 Funds Retained by City/County: $11,793 2010- DJ-BX-0324 Page 31 of 34 ATTACHMENT A Budget Narrative: Include breakdown for Personnel, travel, equipment, supplies, consultants/contracts, other costs, etc. Personnel • Part-Time Property Clerk: The cost of this position per hour, including part time benefits, is approximately $23.73 per hour. The Part-Time Property Clerk will work no more than 960 hours (approximately one year of part time labor), for a total of $22,780. Equipment • Technology Funding: The total hardware costs for this system are $6,640, plus 8.25% sales tax ($548), total $7,188. The costs of hardware installation will be borne by the City of Westminster, Westminster Police Department. See below for breakdown of equipment to be purchased: CITY MFG MODEL DESCRIPTION 2 YAESU FT8900 VHF/UHF XCVR 1 YAESU FT897 HF XCVR 2 DIAMOND V2000 TRi BAND ANTENNA 3 AUNCO DM330MVF POWER SUPPLIES 1 HYGAIN AV640 HF ANTENNA 3 HEIL PRO SET PLU S HEADSET/BOOM/ADAPT 1 ICO ID-88OH-05 D-STAR VHF/UHFXCVR 1 ICOM ID-1 D-STAR 1.2 GHZ XCVR 2 ALINCO DM330MVT POWER SUPPLIES 1 M2 23CM22EZA 1.2GHZ 22 ELEMENT ANT 1 HYGAIN AR35 ROTOR 1 DIAMOND X300A 2M/440 ANTENNA 500' BELDEN 9913F COAX CABLE 100' BELDEN 8448 ROTOR CABLE 10 LANDS PL259ST PL259 CONNECTORS TOTAL COST SOURCE 850.00 HRO 870.00 H RO 360.00 HRO 510.00 HRO 400.00 HRO 636.00 HRO 500.00 HRO* 950.00 HRO* 340.00 HRO* 185.00 HRO* 90.00 HRO* 140.00 HRO* 695.00 HRO 89.00 HRO* 25.00 HRO 6640.00 2010- DJ-BX-0324 Page 33 of 34 ATTACHMENT B HOW TO APPLY FOR JAG GRANT REIMBURSEMENTS 1. A letter on vour cities letterhead that includes or states the followin A. Your agency's request for reimbursement in the amount of $ B. Against Grant Award# 2010-DJ-BX-0324; C. Certification that you complied with all procurement procedures outlined in your agency's procurement manual and financial and administrative requirements set forth in the current OJP Financial guide. D. Name of payee and address of where payment is to be sent E. Letter is to be signed by the person authorized in the JAG Program MOU. 2. Required attachments to the letter: A. Your agency is required to submit quarterly Financial Status Report (FSRs) using a Standard Form 269A (SF-269A). This report reflects the actual federal monies spent, unliquidated obligations incurred, and the unobligated balance of federal funds. The FSR is due at the Sheriffs Department Financial Division no later than 15 days following each calendar quarter, even if you don't have any reimbursement claims. The reporting quarter end dates and due dates are as follows: Qtr. ending 03-31-YY due no later than 4/15 Qtr. ending 06-30-YY due no later than 7/15 Qtr. ending 09-30-YY due no later than 10/15 Qtr. ending 12-31-YY due no later than 01/15 A helpful hints guide for completing FSRs is available at the DOJ-OJP website at: http://www.ojp.usdoj.gov/funding/forms.htm B. All invoices and relevant purchase orders pertaining to federal monies spent. C. Time Sheets and part of payroll register showing personnel name or other individual identifier and details of payroll costs claimed, if any. D. Copies of signed check(s) for purchase(s); All of the above documents must be provided to our office: otherwise your claim will not be processed. If you have any questions please call Karla Lazaridis at (714) 834-6675. Send your claim to the Attention of Karla Lazaridis at 320 North Flower Street Suite 108, Santa Ana, Calif. 92703. C!1 V1 'ZJ C) .-? Q O p7 CD C O C O d o a m M y r O ID w o ' ?'. c n 3 LU lD ° ' .3 O y K CD tz ! n ? 64 ?' 6A 64 '.9 'Gn iA "n 64 64 6R 64 6R 64 64 69 64 64 64 [J O J F-+ ?D N O W 'o Ul Ul 00 c 1P. .P a% .P Cn V co N N N ?.o 0\ N W (n V 110 c C31, P N Cn F a, V 1.0 O CO V W N 'D W V W O C;\ W O N N Cn O W O y 64 64 64 64 64 6R 64 6q 64 64 64 64 64 N ? 'C N N N W _ W N W ? ? F--' F-' ? N r--' •p O '„~?• 'A" "? V W Lri .P ?-D V 00 W N O P W V CP% O rt N O W d\ W P N P N 00 N O 00 P W "r "r7 a P 00 ON 1.0 Ul all co Cn V "D O> O p 0 0 O O O O O O O O O O O v y ?.] O O O O O O O 0 0 0 0 0 0 0 a 0 o 1 o 0 CD o 0 0 0 o Cn o o u, o 0 0 0 0 0 0 IR 0 ? 0 0 0 0 0 0 0 0 0 0 0 0 n !"4 1?4 64 69 64 6q EA 6R 6A 64 64 6H 64 64 64 a cn "ti ? ?-' !--' _ N h-' _P W V N ? Cc W Ul Ul co cn P P .P 01 P CO N N W N n 0-+ Cn V (= ` P f N C n V O co "'3 O O A O CD O O O Cn O ° bq 64 64 64 64 6R 6R 64 6R 64 64 64 6R 6g 64 d V 00 N W 01 vP F-? N - N W F-? .D W Cn p 00 W S W W O 'D ,o V trJ (ON N CO V Cn O N all N N CO co f N W O N 0\ O ON CO 00 I rn 00 a% V 01 N ~ V W Cn O un .P rn W N N rn W ?D 01 ' V V O P V O 00 00 U, O V O yq b4 6R b4 ?A 46q ?A EA 461} 6R b4 64 64 64 64 64 64 64 6R C% C > CD W N o ?-' N F--? P 1-` I? W 01 W F-? N N W F-? fD ? "M w . ` 91 ?z _ 01 ~ 00 `P D O 00 01 N N V ?D V N V .P V V all W Ul N V 00 ?.o N n G. W O O 00 ?-D O V V ?] co co O , CD V N P P P ?D P P Cn W 'D N P P ?D W 41 W O 01 W O N N ? O 00 O ~ N O O O a r r O n O a n CrJ z n N O N O d O W N ATTACHMENT D 2010-DJ-BX-0324 FY2010 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM REPORTING REQUIREMENTS Once an award is accepted, award recipients must submit quarterly financial status and annual performance reports through the Grants Management System (GMS). To assist in fulfilling the Department's responsibilities under the Govermuent Performance and Results Act of 1993 (GPRA), P. L. 103-62, applicants who receive funding under this award must provide data that measures the results of their work. Quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) web site: NNww.bjaperformancetools.ori Direct any questions regarding the grant program to Susie Cabrera. scabrera(iitocsd.or 431 The City Drive South Orange, CA 92868 (714) 935-6869 cn R T ' ' ?n f T ?9 ?, C C fD H fp G? ? ^ p rt 3 n C'7 r 7 `Y ? G? p ? ?' c o y (?} 64 64 b4 4A lvq 4A 46q l6q 64 6R 64 64 6R 64 64 64 6R 64 FR N O ?D t"i O cs W H' -? C NJ N P V ? N t? W W Ul N Tf N P V O P N O 0 N O W O P r? W W co Crl V N ul D\ 'D O co W p - O W W O a\ W O N N Cn O W O y d9. 64 69 64 iA 46q kA kA iA 64 6R 64 64 64 464 1-4 b4 64 64 64 N N W _ _ W N W O? ?D N F-? p N V W LM Ul z V OJ W N O -P W V D\ O W Q, W - P NJ a% co N O N P W Q. ,p P" O D\ Cn 91 ?o cn V ?D Q\ O p O O O O O O 0 0 0 0 0 0 0 y 0 0 0 O O O O 0 0 0 0 0 0 0 r o 0 0 0 0 0 0 0 0 o ul 0 o ul o 0 o a o o ? o 0 0 0 0 0 0 0 0 0 0 0 0 { 64 b4 64 64 64 64 64 64 64 FR 64 b4 64 64 cn 'v ? ?o rP ?"' ;"? N ? .p W V N Q ? •? V all Ln O P CO Cll W V ? W Qq Ul C\ P co W N n Ul V N C.n V O N p O 0 0 4 q O O I O O O Cn O O bA 6A b4 64 6H 64 64 64 b4 6R 6A 64 64 64 f1? v .? 3 ? N ? N N N W O1 -P r--? N N W r-+ ? V F W Cn co W 00 W W O z 1.0 V z z C? 1 a1 F' O ul O N 01, z N 00 co W V O W -' Crl q q l d O aN co O aN 00 0%, V C1 F? O V O V ul O :P P V W O N 00 00 0? Cn W O ?D V O? O p y} 64 64 b4 64 64 64 EA 64 64 64 64 64 64 64 W ' , a ¢' N N !- P a t"i O? r+ W 00 all P W ?D r--? O o N Q N m W N F-+ V CD C ,'7 D V N V V QII W u1 N V co N z N A, ? (?7 C, V ID N W O O CO z co V V V 00 00 O ' ffl •A P P `D .P .P Cn W D N P .p y y a. W W O d1 W O N N O 00 O r N 0 N V0 r r O a ~3 a n CrJ Z -3 f'1 N 0 0 v W N ¦P ATTACHMENT D 2010-DJ-BX-0324 FY2010 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM REPORTING REQUIREMENTS Once an award is accepted, award recipients must submit quarterly financial status and annual performance reports through the Grants Management System (GMS). To assist in fulfilling the Department's responsibilities under the Government Performance and Results Act of 1993 (GPRA), P. L. 103-62, applicants who receive funding under this award must provide data that measures the results of their work. Quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) web site: w\Nw.l)ia)crlormancetools.ore Direct any questions regarding the grant program to Susie Cabrera. scabrcra(u<ocsd? 431 The City Drive South Orange, CA 92868 (714) 935-6869 1 AFIAUHMENl' E Department of Justice Office of Justice Programs t i i Bureau of Justice Assistance It 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGF(S)_ 13. STATUTORY AUTHORITY FOR GRANT' This pruject is supported under FY 10 (BJA - JAG) 42 USC 3750, et seq. BUDGETPERIOD: FROM 10/01/2009 TO 09/30/2013 6. AWARD DATE 0911012010 7 ACTION I.A. GRANTEE IRS/VENDOR NO. j 8. SUPPLEMENT NUMBER Initial 950(9)928 1 00 9_ PREVIOUS AWARD AMOUNT $ 0 i 3 PROJECTTTTLE 10 AMOUNT OF THIS AWARD $79(,.439 FY 2010 Justice Assistance Grant Program -- 11, TOTAL AWARD $ 796,439 I Grant PAGE I OF 5 1. RECIPIENT NAME: AND ADDRESS (Including Zip Code) ? 4. AWARD NUMBER. 2010-DJ-BX-0324 County of Orange I??___ 10 Civic Center Plaza 5. PROJECT PERIOD: FROM 10/01/2009 TO 09/30/2013 Santa Ana, CA 92 70 1-40 1 7 15. METHOD OF PAYMEN'T' - - - GPRS AGENCY APPROVAL, GRANTEE ACCEPTANCE.-_ 16. 1 YPED NAME AND TITLE OF APPROVING OFFICIAL 19 _ TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL James H. Burch II Janet Nguyen Board of Supervisors Chair Acting Director I 17 SIGNATURE OF APPROVING OFFICIAL 19. SIGNATUREOF AUTHORIZED RECIPIENT OFFICIAL 19A_ DATE. AGENCY USE ONLY -- - --- - 20. ACCOUNTING CLASSIFICATION CODES 1 21 JDJUGT2831 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT i X B DJ 80 00 00 796439 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARI- OBSOLETE. OJP FORM 4000/2 (REV _ 4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION i Bureau of Justice Assistance SHEET PAGE 2 01- 5 Grant ? i PROJECI'NUMBER 2010-01-}3X-1324 AWARD DATE 09/1012010 SPECIAL CONDITIONS I. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse. or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 7- The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee. Cf. 28 C.P.R. parts 66, 70. i i OJP FORM 4000/2 (RFV. 4-88) $ Department of Justice i Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 3 OF s a? I - Grant I PROJECT NUMBER 2010-DJ-t3X 0324 AWARD DATE 09/10/2010 i SPECIAL CONDITIONS 8. To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemers generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this special condition, visit http://www.niem.gov/implementationguide.php. 9. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 10. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith- based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/abouUocr/equal_lbo.ht.m. 11. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels.. must conform to the grant program requirements as stated in BJA program guidance. 12. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.K. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 13. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is 'i to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to bttp: //w ww.itojp_gov/default.aspx?area=policyAndPractice&page=1046. 14. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 15. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. ON FORM 40110/2 (RF V. 4-88) Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau ofJustice Assistance SHEET PACE 4 Of- Grant I I PROJECYNUMBER 2010-D1-BX-0324 AWARD DATE 09110/2010 SPECIAL CONDITIONS j 16. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.gov/BJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 17. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal Financial Report (SF-425). 18. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. ON FORM 40(10/2 (REV. 4-88) Department of Justice ?. Office of Justice Programs AWARD CONTINUATION i Bureau of Justice Assistance SHEET once s OF s Grant i PROJECI NUMBER 2010-DJ-BX 0324 AWARD DATE 09/1012010 SPECIAL CONDITIONS 19. Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports through GMS (hops://grants.cjp.usdcj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. I ' 20. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 21. The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.etfli.org). 22. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. OIP FORM 4000/2 (REV. 4-88) Edward Byrne Memorial Justice Assistance Grant (JAG) Memorandum of Understanding We, the Orange County Executive Officer and the city managers of the cities that are eligible to receive the 2010 Edward Byrne Memorial Justice Assistance Grant funding in Orange County, or their designees, do hereby indicate our understanding that the County of Orange will serve as the applicant/fiscal agent for the 2010 Edward Byrne Memorial Justice Assistance Grant funds for which our agencies may be eligible. Print Name and Title Orange County - $21,240 Signature Print Name and Title Anaheim City - $154,633 Signature Print Name and Title Buena Park City - $30,970 Signature Print Name and Title Costa Mesa City - $33,185 Print Name and Title Cypress City - $10,202 Signature Signature APPROVED AS TO FORM OFFlGE OF THE COUNTY COUNM ORANGE. COUNTY, CALIFORNIA By /G7LPlLP ??iu?-* DAY Date: ?-l J /,?) Edward Byrne Memorial Justice Assistance Grant (JAG) Memorandum of Understanding We, the Orange County Executive Officer and the city managers of the cities that are eligible to receive the 2010 Edward Byrne Memorial Justice Assistance Grant funding in Orange County, or their designees, do hereby indicate our understanding that the County of Orange will serve as the applicant/fiscal agent for the 2010 Edward Byrne Memorial Justice Assistance Grant funds for which our agencies may be eligible. Print Name and Title Signature Orange County - $21,240 Print Name and Title Signature Anaheim City - $154,633 Corey Sianez, Acting Chief of Police Print Name and Title Signature Buena Park City - $30,970 Print Name and Title Signature Costa Mesa City - $33,185 Print Name and Title Signature Cypress City - $10,202 Edward Byrne Memorial Justice Assistance Grant (JAG) Memorandum of Understanding We, the Orange County Executive Officer and the city managers of the cities that are eligible to receive the 2010 Edward Byrne Memorial Justice Assistance Grant funding in Orange County, or their designees, do hereby indicate our understanding that the County of Orange will serve as the applicant/fiscal agent for the 2010 Edward Byrne Memorial Justice Assistance Grant funds for which our agencies may be eligible. Print Name and Title Orange County - $21,240 Signature Print Name and Title Signature Anaheim City - $154,633 Print Name and Title Signature Buena Park City - $30,970 Print Name and Title Costa Mesa City - $33,185 Print Name and Title Cypress City - $10,202 Signature I ignature JAG Memorandum of Understanding (continued) Print Name and Title Signature Fountain Valley City - $11,292 a Chris Meyer, City Manager Print Name and Title Signature Fullerton City - $48,870 Print Name and Title Signature Garden Grove City - $70,763 Print Name and Title Signature Huntington Beach City - $42,516 Print Name and Title Irvine City - $14,450 Signature Print Name and Title Signature La Habra City - $20,623 Print Name and Title Signature Lake Forest City - $10,820 JAG Memorandum of Understanding (continued) Print Name and Title Fountain Valley City - S 11,292 Print Name and Title Fullerton City - 548,870 Print Name and Title Garden Grove City - 870,763 Prin and Title Hu ngton Beach City - $42,516 Print Name and Title Irvine City - $14,450 Print Name and Title La Habra City - $20,623 Signature -- ?-- Signature Signature Signature Signature Signature Print Name and Title Signature Lake IIorest City - S 10.820 APPROVED AS TO FORM JENNIFER Mc0 , CHyAilorney Deputy dr \1?o c?1 JAG Memorandum of Understanding (continued) Print Name and Title Fountain Valley City - $11,292 Signature Print Name and Title Signature Fullerton City - $48,870 Print Name and Title Signature Garden Grove City - $70,763 Print Name and Title Huntington Beach City - $42,516 Signature Print Name and Title Irvine City - $14,450 Signature Print Name and Title La Habra City - $20,623 obp, r? C? U Print Name and Title Lake Forest City - $10,820 Signature JAG Memorandum of Understanding (continued) ZW, a )L ?.. C?- Print Name and Title Signature Newport Beach City - $16,447 Print Name and Title Signature Orange City - $28,465 Print Name and Title Signature Placentia City - $11,001 Print Name and Title Signature Santa Ana City - $205,899 Print Name and Title Signature Stanton City - $17,573 Print Name and Title Signature Tustin City - $14,559 Print Name and Title Signature Westminster City - $32,931 JAG Memorandum of Understanding (continued) Print Name and Title Newport Beach City - $16,447 Signature Print Name and Title Orange City - $28,465 -TRX:0.4 II'-,6ahJ 0A II Print Nate and Title 1 Si Placentia City - $11,001 Print Name and Title Signature Santa Ana City - $205,899 Print Name and Title Signature Stanton City - $17,573 Print Name and Title Signature Tustin City - $14,559 Print Name and Title Signature Signature Westminster City - $32,931 JAG Memorandum of Understanding (continued) Print Name and Title Newport Beach City - $16,447 Signature Print Name and Title Orange City - $28,465 Signature Print Name and Title Signature Placentia City - $11,001 Print Name and Title Signature Santa Ana City - $205,899 _a CLC,0?0.3., (??, eiv Print Name and Title Signature Stanton City - $17,573 Print Name and Title Signature Tustin City - $14,559 Print Name and Title Signature Westminster City - $32,931 JAG Memorandum of Understanding (continued) Print Name and Title Signature Newport Beach City - $16,447 Print Name and Title Signature Orange City - $28,465 Print Name and Title Signature Placentia City - $11,001 Print Name and Title Signature Santa Ana City - $205,899 Print Name and Title Signature Stanton City - $17,573 Print Name and Title Tustin City - $14,559 Signature -Dohu,(d D. Lgmm , C,wiy, Y. w ° Print Name and Title Si Westminster City - $32,931