HomeMy WebLinkAboutStaff Report 227-05, . ,"
'TO:
FROM:
DATE:
SUBJECT:
City of Palo Alto
City Manager's Report
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: POLICE
APRIL 25, 2005 CMR:227:05
7
AUTHORIZATION BY CITY MANAGER TO EXECUTE AGREEMENT
AND ACCEPTANCE OF EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT PROGRAM FUNDS IN THE AMOUNT OF $6,589
FROM THE FEDERAL BUREAU OF JUSTICE ASSISTANCE (BJA)
AND ALLOCATED BY SANTA CLARA COUNTY
RECOMMENDATIONS
Staff recommends that the City Council authorize the City Manager to execute the attached agreement
and accept Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds in the amount of
$6,589 from the Federal Bureau of Justice Assistance (BJA) and allocated by Santa Clara County.
BACKGROUND
The Federal Bureau of Justice Assistance (BJA) has made funds available to local agencies under the
Edward Byrne Memorial JAG Program for the purposes of reducing crime and improving publiC safety.
Proposed to streamline justice funding and grant administration, the JAG Program allows governments
to support a broad range of activities to prevent and control crime based on local needs and conditions.
Based in part on the previous Local Law Enforcement Block Grant (LLEBG) Program, JAG provides
agencies with the flexibility to prioritize and place justice funds where they are most needed.
DISCUSSION
The County Executive of Santa Clara serVes as the designated fiscal agent for the 2005 JAG Program
for nine local agencies. As such; the County will be responsible for the administration of funds
including distributing monies, monitoring the awards and submitting reports. The JAG formula for
allocation is based on population and violent crime statistics. Conditions for acceptance and use of JAG
funds include City Council approval of the acceptance of funds. Once approved, each agency will
formulate an individual spending plan to reflect the individual jurisdiction's needs and priorities. JAG
funds must be used to supplement or enhance existing funds for program activities, and cannot replace,
or supplant funds that have been appropriated for the same purpose.
CMR:227:05 Page 1 of2
Staffwill return to Council at a later date with information on how staff plans to spend these funds.
RESOURCE IMPACT
In compliance with the Bureau of Justice Assistance (BJA) requirements, the City has established a
Justice AssistanceGrant (JAG) in the Federal and State Grants Special Revenue Fund. Revenue and
expenses of $6,589 will be budgeted as part of the year-end report.
POLICY IMPLICATIONS
Expenditures of funds associated with the grant funds are consistent with City Policy.
ENVIRONMENTAL ASSESSMENT
This is not a project subject to CEQA requirements.
ATTACHMENT
Interlocal Agreement
PREPARED BY:
PETEHAZ .
DEPARTMENT HEAD:
CITY MANAGER APPROVAL: ~~-t--.,L.~~~~=----
Assistant City Manager
CMR:227:05 Page 2 of2
THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
CITY SECRETARY
CONTRACT NO. __ _
INTERLOCAL AGREEMENT
AGREEMENT BETWEEN CITIES AND THE COUNTY OF SANTA CLARA
2005 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
This Agreement is made and entered into this __ day of , 2005, by and between
The COUNTY of SANTA CLARA, acting by and through its governing body, the Board
of Supervisors, hereinafter referred to as COUNTY, and the CITIES of CAMPBELL,
GILROY, MILIPITAS, MOUTNAIN VIEW, PALO ALTO, SAN JOSE, SANTA
CLARA, and SUNNYVALE, each acting by and through their respective governing
body, the City Council, hereinafter referred to as CITIES, all of Santa Clara County, State
of California, witnesseth:
WHEREAS, this Agreement is made under the authority of Sections _____ _
Governmept Code;
WHEREAS, each governing body, in performing governmental functions or in paying for
the performance of governmental functions hereunder, shall make that perforniance or
those payments from current revenues legally available to that party;
WHEREAS, each governing body finds that the performance of this Agreement is in the
best interests of both parties, that the undertaking will benefit the public, and that the
division of costs fairly compensates the performing party for the services or functions
under this agreement; and
WHEREAS, the CITIES and COUNTY believe it to be in their best interests to reallocate
the JAG funds.
NOW THEREFORE, the COUNTY and CITIES agree as follows:
Section 1.
CITIES and COUNTY agree to apportion the total JAG award, in the amount of $750,048,
in the following amounts:
City of Campbell
City of Gilroy
City of Milpitas
City of Mountain View
City of Palo Alto
$9,689
$23,628
$17,153
$28,176
$6,589
City of San Jose
City of Santa Clara
County of Santa Clara
City of Sunnyvale
Administrative Costs to Fiscal Agent
$381,780
$20,662
$173,258
$14,113
$75,000
Section 2.
The parties agree that County shall act as Fiscal Agent for all parties and shall be entitled to
receive $75,000 for services provided as Fiscal Agent.
Section 3.
The parties agree to develop individualized spending plans as to each party's respective
grant allocation. JAG funds must be used to supplement existing funds for program
activities and cannot replace, or supplant, nonfederal funds that have been appropriated
for the same purpose.
. Section 4.
Nothing in the performance of this Agreement shall impose any liability for claims against
COUNTY other than claims for which liability may be imposed by the California Tort
Claims Act. (Cal. Gov. Code, § 900 et seq.)
Section 5.
Nothing in the performance of this Agreement shall impose any liability for claims against
CITIES other than claims for which liability may be imposed by the California Tort Claims
Act. (Cal. Gov. Code, § 900 et seq.)
Section 6.
Each party to this agreement will be responsible for its own actions in providing
services under this agreement and shall not be liable for any civilliability that may arise
from the furnishing of the services by the other party. In lieu of and not withstanding the
pro rata risk allocation which might otherwise be imposed between the Parties pursuant
to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred
by a party shall not be shared pro rata but instead the COUNTY and CITIES agree that
pursuant to Government Code Section 895.4, each ofthe parties hereto shall fully
indemnify and hold each ofthe other parties, their officers, board members, employees
and agents, harmless from any claim, expense or cost, damage or liability imposed for
injury (as defined by Government Code Section 810.8) occurring by reason of the
negligent acts or omissions or willful misconduct of the indemnifying party, its officers,
board members, employees or agents, under or in connection with or arising out of any
work, authority or jurisdiction delegated to such party under this Agreement. No party,
nor any officer, board member, employee or agent thereof shall be responsible for any
damage or liability occurring by reason of the negligent acts or omissions or willful
misconduct of other parties hereto, their officers, board members, employees or agents,
under or in connection with or arising out of any work, authority or jurisdiction delegated
to such other parties ·under this Agreement.
Section 7.
The parties to this Agreement do not intend for any third party to obtain a right by virtue of
this Agreement.
Section 8.
By entering into this Agreement, the parties do not intend to create any obligations express
or implied other than those set out herein; further, this Agreement shall not create any
rights in any party not a signatory hereto.
COUNTY OF SANTA CLARA
Peter Kutras, Jr, County Executive
APPROVED AS TO FORM:
Susan Swain, Deputy County Counsel
CITIES:
CITY OF CAMPBELL,
Jane Kennedy, City Mayor
CITY OF GILROY,
City Manager,
'.-~,
CITY OF MILPITAS,
City Manager
CITY OF MOUNTAIN VIEW,
City Manager
CITY OF PALO ALTO,
City Manager
CITY OF SAN JOSE,
City Manager
CITY OF SANTA CLARA,
City Manager
CITY OF SUNNYVALE,
City Manager