09-0915_ORANGE, COUNTY OF_Agreement0 0
1 AGREEMENT TO TRANSFER FUNDS
2 FOR FY 2009 RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
3 GRANT (JAG) PROGRAM
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5 THIS AGREEMENT is entered into this 15th day of "Sept. 2009, which date is
6 enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political
7 subdivision of the State of California, hereinafter referred to as "COUNTY", and
8 city of, 4ao .flan capistrauQ, a municipal corporation, hereinafter referred to as
9 "SUBGRANTEE."
10 WHEREAS, COUNTY, acting through its Sheriff -Coroner Department, hereinafter referred to
11 as SHERIFF, in its capacity as the lead agency on behalf of 33 local government agencies, including
12 SHERIFF and SUBGRANTEE, has applied for, received and accepted the FY 2009 Recovery Act
13 Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice, Office of Justice
14 Programs, Bureau of Justice Assistance (hereinafter referred to as "the grant').
15 WHEREAS, the purpose of the grant is to supplement the resources available to the multi
16 agency Orange County Pro -Active Methamphetamine Laboratory Investigative Team (PROACT), and
17 to various programs designated to prevent and control crime within the County of Orange that are
18 operated by 33 local government agencies, as set forth in Attachment A (Program Narrative), which is
19 attached hereto and incorporated herein by reference.
20 WHEREAS, the terms of the grant require that certain grant funds be transferred to
21 SUBGRANTEE to be used for the grant purposes, which may include local initiatives, technical
22 assistance, training, personnel, equipment, supplies, contractual support, and information systems for
23 law enforcement, as more particularly described in Attachment A hereto.
24 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
25 1. COUNTY shall transfer to SUBGRANTEE grant funds, in arrears, as necessary to
26 reimburse SUBGRANTEE for reasonable and permissible expenditures for the grant purposes. In order
27 to obtain grant funds, SUBGRANTEE shall comply with the instructions and submit to SHERIFF all
28 0.t
CFDA 16.804 V
FY2009 Recovery Act JAG Program
U.S. Department of Justice Page 1 of 5
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1 required information and documentation, as set forth in Attachment B hereto ("How to Apply for FY
2 2009 Recovery Act JAG Grant Reimbursements"), which is attached hereto and incorporated herein by
3 reference. In no event will the total amount of the grant funds transferred by COUNTY to
4 SUBGRANTEE hereunder exceed SUBGRANTEE's allocation, as set forth in Attachment C hereto
5 ("FY09 Recovery Act Justice Assistance Grant Funding OC Allocation"), which is attached hereto and
6 incorporated herein by reference.
7 2. SUB -GRANTEE shall be reimbursed with said grant funds only for expenditures
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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
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
I only in accordance with the instructions of COUNTY or the agency from which COUNTY received the
grant funds.
6. SUBGRANTEE shall submit to the COUNTY grant program reporting documents and
information in accordance with requirements set out in FY2009 Recovery Act Edward Byrne Memorial
Justice Assistance Grant Program Reporting Requirements and as outlined in the Office of Management
and Budget Memorandum M-09-21 which are attached hereto as Attachment D and incorporated herein
by reference.
7. SUBGRANTEE shall comply with all applicable terms of the certifications and special
I 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. Denartment of Justice
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1 bound by this Agreement and all applicable provisions of Attachments A, B, C, D and E hereto.
2 SUBGRANTEE shall notify COUNTY immediately upon discovery that it has not abided or no longer
3 will abide by any applicable provision of this Agreement or Attachments A, B, C, D or E hereto.
4 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State
5 Auditor General with respect to this Agreement for a period of three years after final payment
6 hereunder.
7 10. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and the
8 agency from which COUNTY received grant funds, and their elected and appointed officials, officers,
9 agents and employees from any and all claims and losses accruing or resulting to any and all contractors,
10 subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work,
11 services, materials or supplies in connection with SUBGRANTEE's performance of this Agreement,
12 including Attachments A, B, C, D and E hereto, and from any and all claims and losses accruing or
13 resulting to any person, firm, or corporation who may be injured or damaged by SUBGRANTEE in the
14 performance of this Agreement, including Attachments A, B, C, D and E hereto.
15 11. No alteration or variation of the terms of this Agreement shall be valid unless made in
16 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
17 agreement not incorporated herein shall be binding on any of the parties hereto.
18 12. SUBGRANTEE may not assign this Agreement in whole or in part without the express
19 written consent of COUNTY.
20 13. For a period of three years after final payment hereunder or until all claims related to
21 this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all
22 documents, papers and records relevant to the work performed or property or equipment acquired in
23 accordance with this Agreement, including Attachments A, B, C, D and E hereto. For the same time
24 period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the
25 agency from which COUNTY received the grant funds or their duly authorized representative(s), for
26 examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon
27 request, during usual working hours.
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FY2009 Recovery Act JAG Program
U.S. Denartment of Justice Paee 3 of 5
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1 14. SUBGRANTEE shall provide to COUNTY all records and information requested by
2 COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be
3 required to provide to the agency from which COUNTY received grant funds or other persons or
4 agencies.
5 15. COUNTY may terminate this Agreement and be relieved of the payment of any
6 consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained
7 in this Agreement, including the applicable terms of Attachments A, B, C, D and E hereto, at the time
8 and in the manner herein provided, or b) COUNTY loses funding under the grant. In the event of
9 termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY.
10 16. SUBGRANTEE and its agents and employees shall act in an independent capacity in the
I 1 performance of this Agreement, including Attachments A, B, C, D and E hereto, and shall not be
12 considered officers, agents or employees of COUNTY or SHERIFF or of the agency from which
13 COUNTY received grant funds.
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CFDA 16.804
FY2009 Recovery Act JAG Program
U.S. Department of Justice Page 4 of 5
2 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
3 State of California.
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5 DATED: 4117 , 2009
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APPROVED AS TO FORM:
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COUNTY COUNSEL
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12 By /
-07rGe''��Ll• —
Nicole Sims, Deputy
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14 DATED: %s 2009
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16 DATED: .2009
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21 ATT ST;
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DATED: X009
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CFDA 16.804
FY2009 Recovery Act JAG Program
U.S. Department of Justice
COUNTY OF ORANGE, a political
subdivision of the State of California
By
Sh�iff=Coro er
"COUNTY"
SUBGRANTEE
By
M rk Nielsen, Mayor
Page 5 of 5
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Today's Date: August 26, 2009
CONTRACT TRANSMITTAL
•
Transmittal Routing
(Check All That Apply)
❑ City Attorney
❑ City Manager
® City Clerk
CIP No. (if any):
Project Manager's Last Name: Phone Extension: X6316
Council or CRA Meeting Date (if applicable): 9/15/09
APPROVING AUTHORITY: (Check One)
H Mayor
;D CRA Chair
Q City Manager
Provide (1) executed original contract for each signing party, including the City. If the agreement is to
be recorded — only (1) original will be recorded with certified copies going to other parties.
Please provide the mailing address of any party to receive an agreement — unless the mailing
address is included within the body of the agreement: (Not necessary if information is included in the
contract)
Names
Street
City
St
Zi
OC Sheriffs Dept. Attn: Susie
Cabrera
431 The City Drive South
Orange
CA
92868
OTHER INSTRUCTIONS:
Please return a copy of the executed agreement for our files.
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AGENDA REPORT
0
TO: Joe Tait, Interim City Manager
FROM: Lieutenant Dan Dwyer, San Juan Capistrano Police Services
9/15/2009
SUBJECT: Consideration of the 2009 Recovery Act Justice Assistance Grant Fund
Distribution Transfer Agreement (JAG)
RECOMMENDATION:
By motion, approve the 2009 Recovery Act Justice Assistance Grant Fund (JAG)
Distribution Transfer Agreement.
SITUATION:
The 2009 Edward Byrne Memorial Justice Assistance Grant Program (JAG) is funded
through the American Recovery and Reinvestment Act of 2009.
San Juan Capistrano Police Services requested funds for maintaining community
preservation against crime in business, roadway, and undeveloped/vacated locations
within the City. The grant amount retained by the City of San Juan Capistrano is
approximately $22,465.35.
The County of Orange designated its Sheriff's Department to act as the applicant/fiscal
agent for the JAG. The Orange County Sheriffs Department is requesting that the City
of San Juan Capistrano City Council approve documents that would allow the transfer of
funds that would support crime prevention in the City of San Juan Capistrano.
The agreement (Attachment 1) encompasses the following grant program:
2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program
Agreement to Transfer Funds
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
Not Applicable.
FINANCIAL CONSIDERATIONS:
Not Applicable.
Agenda Report • •
Page 2
September 15, 2009
NOTIFICATION:
Not Applicable.
RECOMMENDATION:
By motion, approve the Recovery Act Justice Assistance Grant Fund (JAG) Distribution
Transfer Agreement.
Respectfully submitted,
4Lieten/an Daniel wy
Chief, San Juan Capistrano Police Services
Attachments:
2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program
Agreement to Transfer Funds
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AGREEMENT TO TRANSFER FUNDS
I FOR FY 2009 RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT (JAG) PROGRAM
THIS AGREEMENT is entered into this 15th day of "Sept. , 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';ty of San Juan Capistrano, 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
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
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ATTACHMENT
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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
I 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
I 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
I 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
I only in accordance with the instructions of COUNTY or the agency from which COUNTY received the
grant funds.
6. SUBGRANTEE shall submit to the COUNTY grant program reporting documents and
information in accordance with requirements set out in FY2009 Recovery Act Edward Byrne Memorial
Justice Assistance Grant Program Reporting Requirements and as outlined in the Office of Management
and Budget Memorandum M-09-21 which are attached hereto as Attachment D and incorporated herein
by reference.
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
CFDA 16.804
FY2009 Recovery Act JAG Program
U.S. Denartment of Justice
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bound by this Agreement and all applicable provisions of Attachments A, B, C, D and E hereto.
SUBGRANTEE shall notify COUNTY immediately upon discovery that it has not abided or no longer
will abide by any applicable provision of this Agreement or Attachments A, B, C, D or E hereto.
9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State
Auditor General with respect to this Agreement for a period of three years after final payment
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
I 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 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 16.804
FY2009 Recovery Act JAG Program
U.S. Department 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 JAG Program
U.S. Department of Justice
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IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange,
State of California.
DATED: 2 7 '2009
APPROVED AS TO FORM:
COUNTY COUNSEL
By
Nicole Sims, Deputy
DATED: % %S '2009
I DATED: .2009
I 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
By t%
Shgfiff--Coro er
"COUNTY"
SUBGRANTEE
Mark Nielsen, Mayor
Page 5 of 5
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32400 PASEO ADEL NTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493-1053 FAX
ww ..sanjuancaplstrano.org
TRANSMITTAL
TO:
OC Sheriff's Dept
Attn: Susie Cabrera
431 The City Drive South
Orange, CA 92868
DATE: September 24, 2009
JM4A
IA[OR PCIITEI
' ISTAIuslu 1961
4776
MEMBERS OF THE CITY COUNCIL
FROM: Christy Jak], Administrative Specialist, City Clerk's Office (949) 443-6310
SAM ALLEVATO
LAURAFREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR. LONDRES USO
RE: Agreement to Transfer Funds For FY 2009 Recovery Act Edward Byrne Memorial Justice
Assistance Grant (JAG) Program
Enclosed:
(1) Original, Agreement to Transfer Funds For FY 2009 Recovery Act Edward Byrne
Memorial Justice Assistance Grant (JAG) Program
If you have questions concerning the agreement, please contact Lieutenant Dan Dwyer at
(949)443-6371.
Cc: Lieutenant Dan Dwyer
San Juan Capistrano: Preserving the Past to Enhance the Future
A
�, Printed on 100% recycled paper
0
Today's Date: September 29, 2009
CONTRACT TRANSMITTAL
CIP No. (if any):
0
Transmittal Routing
(Check All That Apply)
❑ City Attorney
❑ City Manager
® City Clerk
Project Manager's Last Name: Douglas Dumhart Phone Extension: X 6316
Council or CRA Meeting Date (if applicable): 9/15/09
APPROVING AUTHORITY: (Check One)
® Mayor
CRA Chair
City Manager
Provide (1) executed original contract for each signing party, including the City. If the agreement is to
be recorded — only (1) original will be recorded with certified copies going to other parties.
Please provide the mailing address of any party to receive an agreement — unless the mailing
address is included within the body of the agreement: (Not necessary if information is included in the
contract)
Names
Street
City
St
Zi
OC Sheriff's Dept. Attn: Elizabeth
Baraias
431 The City Drive South
Orange
CA
92868
OTHER INSTRUCTIONS:
Please return a copy of the executed agreement for our files.
F-
L-A
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 4931053 FAX
www.sanjuancapistrano.org
TRANSMITTAL
TO:
OC Sheriffs Dept
Attn: Susie Cabrera
431 The City Drive South
Orange, CA 92868
DATE: September 29, 2009
dwaa it
v
� Ir196l11r
31
' rsunnuo
1776
MEMBERS OF THE CITY COUNCIL
FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443-6310
SAM ALLEVATO
LAURA FREESE
THOMAS W HRIBAR
MARK NIELSEN
DR. LONDRES USO
RE: Agreement to Transfer Funds For FY 2009 Recovery Act Edward Byrne Memorial Justice
Assistance Grant (JAG) Program
Enclosed:
Second Original, Agreement to Transfer Funds For FY 2009 Recovery Act Edward
Byrne Memorial Justice Assistance Grant (JAG) Program
If you have questions concerning the agreement, please contact Lieutenant Dan Dwyer at
(949) 443-6371.
Cc: Lieutenant Dan Dwyer
San Juan Capistrano: Preserving the Past to Enhance the Future
�, Printed an 100% recycled Paper