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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 4 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 0 0 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 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 28 CFDA 16.804 FY2009 Recovery Act JAG Program U.S. Denartment of Justice Pase 2 of 5 9 0 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. 28 CFDA 16.804 FY2009 Recovery Act JAG Program U.S. Denartment of Justice Paee 3 of 5 9 0 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. 14 15 16 17 18 19 20 21 22 // 23 24 25 26 27 Jf 28 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. 4 5 DATED: 4117 , 2009 6 7 8 9 APPROVED AS TO FORM: 10 COUNTY COUNSEL 11 12 By / -07rGe''��Ll• — Nicole Sims, Deputy 13 14 DATED: %s 2009 15 16 DATED: .2009 17 18 19 20 21 ATT ST; 22 23 i Jerk 24 DATED: X009 25 26 27 28 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 0 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. 0 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 1' 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 0 0 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 Page 1 of 5 ATTACHMENT 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 • 0 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 Pase 2 of 5 1 2 3 4 5 M' 7 8 9 10 11 12 13' 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 is 0 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 Paee 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 0 0 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. // 11 CFDA 16.804 FY2009 Recovery Act JAG Program U.S. Department of Justice Page 4 of 5 1 3 4 5 6 7 8, 9I 10 11 12 1� 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ! 9 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 0 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