CITY OF SIMI VALLEY MEMORANDUM

Transcription

1 CITY OF SIMI VALLEY MEMORANDUM AGENDA ITEM NO. Consent (5) December 5, 216 TO: FROM: City Council Police Department SUBJECT: AUTHORIZATION TO ACCEPT THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) TO PURCHASE ONE POLICE DEPARTMENT OFF-ROAD MOTORCYCLE AND APPROVAL OF A SUPPLEMENTAL BUDGET REQUEST STAFF RECOMMENDATION It is recommended that the City Council accept the Edward Byrne Memorial Justice Assistance Grant in the amount of $1,467 to purchase an off-road motorcycle and to approve the Supplemental Budget Request. CITY MANAGER S RECOMMENDATION The City Manager recommends acceptance of the Edward Byrne Memorial Justice Assistance Grant in the amount of $1,467 to purchase an off-road motorcycle conditioned on the approval of the Bureau of Justice Assistance. BACKGROUND AND OVERVIEW The Edward Byrne Memorial Justice Assistance Grant (JAG) is the primary source of federal criminal justice funding for local jurisdictions. Activities that JAG funds can be used include: enhancement of law enforcement programs; research and evaluation of data collection (including forensic data); or, purchase of equipment and supplies. Earlier this year, the U.S. Department of Justice/Bureau of Justice Assistance (BJA) announced the availability of JAG funding. In order to qualify for the grant, the City needed to partner with other agencies within Ventura County and submit a joint application. Recently, staff was notified that the grant application was successful and $1,467 was awarded to the City. The City s intent is to purchase an off-road motorcycle. In order to receive funding, the City entered into an Interlocal Agreement (page 6) with the City of Oxnard, the lead agency. The Interlocal Agreement authorizes the City of Oxnard to submit an application on behalf of the City and other jurisdictions in Ventura County. As lead agency, the City of Oxnard is entitled to a five percent (5%) administration fee. The following table summarizes allocation amounts and net awards, by agency.

2 2 Agency Base Administration Agency Net Agency Award Fee (5%) Award County of Ventura $1,645 $532 $1,113 Oxnard 57,38 2,852 54,186 San Buenaventura 22,623 1,131 21,492 Simi Valley 11, ,467 Thousand Oaks 11, ,745 City of Oxnard - Admin Fee 5,632 Totals $112,635 $5,632 $112,635 JAG funds cannot supplant existing programs or activities and there is no matching requirement. Staff is confident that the funds can be expended by September 3, 219, the timeline required by the grant. FINDINGS AND ALTERNATIVES When the City of Oxnard invited input for the grant application, the Department requested funding to purchase a dual-sport (off-road) motorcycle. Previously, the Department had four motorcycles in its off-road enforcement program. A number of years ago, the off-road motorcycles were retired due to age and excessive maintenance costs. In 214, two off-road motorcycles were approved and purchased. Ideally, the team should consist of four motorcycles as they sometimes work in pairs for safety reasons. However, due to budgetary constraints, additional off-road motorcycles have not been added to the program. If approved, the JAG grant will allow the Department to get one step closer to the ideal complement of motorcycles. Upon approval by the City Council, staff will submit to the Bureau of Justice Assistance a Controlled Expenditure Justification Template, which is a questionnaire that provides BJA with background information on the agency and the item requested for purchase. Since the off-road motorcycle falls into the category of a Controlled Expenditure, BJA must approve the purchase after City Council s authorization. If BJA denies the request, staff will seek authorization from BJA and Council to purchase other eligible law enforcement equipment. Assuming BJA approves the request staff will follow purchasing protocol to initiate a purchase order. The motorcycle will be used to enforce illegal off-road violations and will assist with locating lost or injured hikers, or suspects who are in the hills surrounding Simi Valley. These resources are used by the Department on a monthly basis. The off-road motorcycles are equipped with AED lifesaving devices in order to aid injured hikers when located. It is anticipated that as the rainy season approaches, there will be an increase in illegal and dangerous off-road activities.

3 3 During recent searches, response time could have been reduced if a third officer had been deployed with an off-road motorcycle. In addition to search and rescue operations, the off-road team assists in managing the 4th of July Extravaganza by curbing illegal off-road activity, managing attendance, and monitoring fireworks enforcement. The City has experienced one fatality due to an illegal off-road collision. An additional off-road motorcycle will enhance off-road enforcement activities, improve response time to emergencies that are beyond the capability of the patrol fleet, enhance the quality of services rendered to the community, and curtail illegal activity in the hills surrounding the City. In the FY Budget, the Department requested funding for a UTV (Utility Task Vehicle), commonly referred to as a side-by-side, in order to supplement the off-road program. Funding for a UTV was denied due to budget constraints. There are only two manufacturers that meet the Department s specifications of being off-road worthy and street legal, KTM and Husqvarna. Three quotations will be obtained from various dealers to obtain the best pricing for motorcycles that meet the Department s specifications. Total cost of the motorcycle is anticipated to be about $1,994; the shortfall of $527 will be funded from savings in the Traffic Bureau s budget. The following alternatives are available to the City Council: 1. Authorize the acceptance of up to $1,467 from the U.S. Department of Justice/Bureau of Justice Assistance for the Edward Byrne Memorial Justice Assistance Grant (JAG), awarded through sub-grants managed by the Oxnard Police Department, and authorize the City Manager or designee to sign all necessary grant-related documents; 2. Authorize the Department to spend up to $1,994 to purchase one off-road motorcycle; 3. Approve Supplemental Budget Request (page 5) to provide funding for the purchase; 4. Do not approve acceptance of the JAG award and do not approve Supplemental Budget Request; 5. Provide staff with other direction. Staff recommends Alternative Nos. 1, 2, and 3. SUGGESTED CITY COUNCIL MOTION I move to authorize the acceptance of up to $1,467 from the U.S. Department of Justice/Bureau of Justice Assistance for the Edward Byrne Memorial Justice Assistance Grant for the purchase of one off-road motorcycle at a price not to exceed $1,994,

4 4 authorize the City Manager or designee to sign all necessary grant-related documents, and approve the Supplemental Budget Request. SUMMARY The U.S. Department of Justice/Bureau of Justice Assistance has allocated funds to the Edward Byrne Memorial Justice Assistance Grant (JAG) program. Staff determined that these funds could best be used to purchase one off-road motorcycle and the grant application reflected this intent. The City of Oxnard, as lead agency, submitted an application on behalf of the City and other agencies within Ventura County. As a result of the successful grant application, the City is entitled to receive up to $1,467 in JAG funds. It is the City s intent to purchase one off-road motorcycle. The Police Department s off-road enforcement/search and rescue program uses offroad/dual sport motorcycles due to their maneuverability and ability to reach remote areas within and surrounding the City. The Department s ability to quickly reach these areas could not only save lives, but will enhance enforcement operations and mitigate dangerous off-road violations. Previously, the Department had four off-road motorcycles; this has been reduced to two as a result of budgetary constraints. It is recommended that the City Council authorize the acceptance of the $1,467 JAG funds to purchase an off-road motorcycle at a price not to exceed $1,994 and approve the Supplemental Budget Request. Prepared by: Robert Arabian, Police Commander/Traffic Bureau David M. Livingstone Acting Chief of Police INDEX Page Attachment A Supplemental Budget Request... 5 Attachment B Interlocal Agreement... 6

5 5 ATTACHMENT A CITY OF SIMI VALLEY SUPPLEMENTAL BUDGET REQUEST Police REQUESTING DEPARTMENT FOR FISCAL YEAR: FUND(S) AMENDED Law Enforcement Grant / General Fund REVENUES FUND COST CENTER ACCOUNT NUMBER CURRENT BUDGET PROPOSED AMENDMENTS AMENDED BUDGET Federal Assistance $115, $1,467 $125,467 Transfer fm General Fund TOTAL $115, $1,994 $125,994 EXPENDITURES FUND COST CENTER ACCOUNT NUMBER CURRENT BUDGET PROPOSED AMENDMENTS AMENDED BUDGET Vehicle $35,8 $1,994 $46,794 Transfer to Law Enforcment Grant Funding from Traffic Division , ,873 TOTAL $52,2 $1,994 $63,194 PURPOSE Provide funding for purchase of one off-road motorcyle and to appropriate grant and transfer funds. DEPARTMENT HEAD DATE ADMINISTRATIVE SERVICES DATE CITY MANAGER DATE ENTERED BY DATE REV 6/16

6 6 JAG APPLICATION NUMBER: 216-H2984-CA-DJ ATTACHMENT B INTERLOCAL AGREEMENT BETWEEN THE CITY OF OXNARD, CALIFORNIA, ON ONE HAND, AND THE COUNTY OF VENTURA, CALIFORNIA, AND THE CITIES OF SAN BUENAVENTURA, SIMI VALLEY, AND THOUSAND OAKS, CALIFORNIA, ON THE OTHER HAND Edward Byrne Memorial Justice Assistance Grant Formula Program ("JAG"): FY 216 Local Solicitation This Agreement ("Agreement") is made and entered into on this 1st day of June, 216, in the State of California, County of Ventura, by and between the City of Oxnard ("Oxnard"), on one hand; and on the other hand: the County of Ventura ("County''), and the Cities of San Buenaventura, Simi Valley, and Thousand Oaks all entities within the County of Ventura, California. WHEREAS, each party to this Agreement, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each party to this Agreement finds that the performance of this Agreement is in the best interest of all 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 the Agreement: and WHEREAS, all parties to this Agreement believe it to be in their best interests to procure JAG funds. NOW THEREFORE, the parties entering into this Agreement stipulate/agree as follows : Section 1. All parties stipulate that Oxnard shall serve as the lead agency for this grant project. The lead agency shall serve as the fiscal agent for this grant and will submit a joint appl ication on behalf of the parties to this Agreement. Oxnard shall assume the role of coordinating the application and administration of the grant. Section 2. The JAG allocation list is established by the Bureau of Justice Assistance (BJA) and indicates the amount for which each unit of local government is eligible to apply. The amounts prescribed in this allocation list shall be referred to hereinafter as agency " Base Award Eligibility". The Base Award Eligibility figures are listed in the table in Section 3, below. Oxnard shall apply a fee offive percent (5%) to each agency's Base Award Eligibility. This percentage shall be applied to costs related to administering the grant during its four year reporting period. Five percent shall be deducted from each party's Base Award Eligibility amount and allocated to Oxnard. The modified agency award amounts are reflected in the "Adjusted Award" portion of the table in Section 3, below. Section 3. The parties agree that Oxnard shall allocate the $112,635 JAG award in the following manner to the parties entering into this Agreement as follows:

7 7 JAG APPLICATION NUMBER: 216-H 2984-CA-DJ Agency Base Award Eligibility Lead Agency Administration Fee (5%) Agency Adjusted Award Amount VENTURA COUNTY $1,645 $532 $1,113 OXNARD CITY $57,38 $2,852 $54,186 SAN BUENAVENTURA CITY $22,623 $1,131 $21,492 SIMI VALLEY CITY $11,18 $551 $1,467 THOUSAND OAKS CITY $11,311 $566 $1,745 $112,635 $5,632 $112,635 Agency $5,632 CITY OF OXNARD ADMINISTRATION FEE Section 4. JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as : Law enforcement programs Prosecution and court programs, including indigent defense Prevention and education programs Corrections and community corrections programs Drug treatment and enforcement programs Planning, evaluation, and technology improvement programs Crime victim and witness programs (other than compensation) Section 5. All parties to this Agreement shall 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 6. Awards to individual agencies of at least $25, must be spent within four years, and the award pe riod for grants in that amount will be fro m October 1, 215 through Septembe r 3, 219. Awards to individual agencies of less than $25, must be spent within two years, and the award period for grants in that amount will be from October 1, 215 through September 3, 217. All parties to this Agreement should anticipate that awa rds unde r this grant are one-time awards and accordingly should propose project activities and deliverables that can be accomplished without additional Department of Justice funding. Section 7. Parties to this Agreement are aware that each unit of local government may draw down any or all JAG funds after acceptance of the award. To do so, a trust fund must be established in which to deposit the funds. The trust fund may or may not be an interest-bearing account. If parties to this Agreement draw down JAG funds in advance, they also must establish a trust fund in which to deposit funds.

8 8 JAG APPLICATION NUMBER: 216-H2984-CA-DJ Parties to this Agreement understand that recipients of funds, however, should be aware that the authority to retain such advance funding may be withdrawn should the recipient persistently remain delinquent in meeting reporting requirements. Section 8. No JAG funds may be expended outside of the JAG program areas. Even within the program areas, however, JAG funds cannot be used directly or indirectly for security enhancements or equipment for nongovernmental entities not engaged in criminal justice or public safety. Additionally, JAG funds may not be used directly or indirectly to pay for any of the following items unless BJA Director certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order: Vehicles (excluding police cruisers), vessels (excluding police boats), or aircraft (excluding police helicopters) Unmanned aerial vehicles/unmanned aircraft, aircraft system, or aerial vehicles (UA/UAS/UAV) Luxury items Real estate Construction projects (other than penal or correctional institutions) Segway, Golf Cart, ATV or similar Armored Vehicles Bus and/or RV (Recreational Vehicle) Truck Van SUV (Non-police cruiser) Any similar matters Section 9. All parties to this Agreement shall designate a point of contact for matters pertaining to the JAG grant, and shall notify Oxnard in the event of any changes. A list of contact persons is attached to this Agreement as Exhibit A. Section 1. All parties to this Agreement shall provide financial reporting documentation, as prescribed in the terms of the JAG grant, to Oxnard in a timely manner. All parties to th is Agreement must certify that they will satisfy the reporting requirement, which requires detailed reporting (including reporting on sub-awards) not later than ten calendar days after the end of each calendar quarter. In order for the lead agency (Oxnard) to meet this demand, all parties must submit their quarterly reports to Oxnard within four days after the end of each calendar quarter beginning October of 215. Section 11. Nothing in the performance of this Agreement shall impose any liability for claims against Oxnard other than claims for which liability may be imposed by the California Tort Claims Act.

9 9 JAG APPLICATION NUMBER: 216-H2984-CA-DJ Section 12. 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 civil liability that may arise from the furnishing of the services by any other party. Section 13. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 14. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; fu rther, this Agreement shall not create any rights in any party not a signatory hereto. Section 15. All parties agree that this Agreement may be executed in two or more counterparts, each of which shall be deemed an original. Section 16. The parties agree that this Agreement will be considered signed when the signature of the party is delivered by facsimile transmission. Such facs imile signature will be treated in all respects having the same effect as an original signature. Agreed to on this 1st of June, 216. CITY OF OXNARD COUNTY OF VENTURA Michael Powers, County Executive Officer CITY OF SAN BUENAVENTURA VALLEY CITY OF SIMI Mark Watkins, City Manager Eric Levitt, City Manager

10 1 JAG APPLICATION NUMBER: 216-H2984-CA-DJ Section 12. 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 civil liability that may arise from the furnishing of the services by any other party. Section 13. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 14. 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. Section 15. All parties agree that this Agreement may be executed in two or more counterparts, each of which shall be deemed an original. Section 16. The parties agree that this Agreement will be considered signed when the signature of the party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects having the same effect as an original signature. Agreed to on this 1st of June, 216. CITY OF OXNARD COUNTY OF VENTURA Greg Nyhoff, City Manager Michael Powers, County Executive Officer CITY OF SAN BUENAVENTURA CITY OF SIMI VALLEY Mark Watkins, City Manager Eric Levitt, City Manager

11 11 JAG APPLICATION NUMBER: 216-H2984-CA-DJ Section 12. 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 civi l liability that may arise from the furnishing of the services by any other party. Section 13. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 14. 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. Section 15. All parties agree that this Agreement may be executed in two or more counterparts, each of which shall be deemed an original. Section 16. The parties agree that this Agreement w ill be considered signed when the signature of the party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects having the same effect as an original signature. Agreed to on this 1st of June, 216. CITY OF OXNARD COUNTY OF VENTURA Greg Nyhoff, City Manager Michael Powers, County Executive Officer CITY OF SAN BUENAVENTURA CITY OF SIMI VALLEY Mark Watkins, City Manager Eric Levitt, City Manager

12 12 JAG APPLICATION NUMBER: 216-H2984-CA-DJ Section 12. 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 civil liability that may arise from the furnishing of the services by any other party. Section 13. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 14. 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. Section 15. All parties agree that this Agreement may be executed in two or more counterparts, each of which shall be deemed an original. Section 16. The parties agree that this Agreement will be considered signed when the signature of the party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects having the same effect as an original signature. Agreed to on this 1st of June, 216. CITY OF OXNARD COUNTY OF VENTURA Greg Nyhoff, City Manager Michael Powers, County Executive Officer CITY OF SAN BUENAVENTURA CITY OF SIMI VALLEY Mark Watkins, City Manager

13 13 JAG APPLICATION NUMBER: 216-H2984-CA-DJ CITY OF THOUSAND OAKS Scott Mitnick, City Manager APPROVED AS TO FORM: APPROVED AS TO INSURANCE: Stephen M. Fischer, City Attorney Risk Manager APPROVED AS TO CONTENT: APPROVED AS TO FORM: Jeri Williams, Oxnard Chief of Police Andy H. Viets, Senior Assistant City Attorney City of San Buenaventura

14 JAG APPLICATION NUMBER: 216-H2984-CA-DJ 14 CITY OF THOUSAND OAKS Scott Mitnick, City Manager APPROVED AS TO FORM: APPROVED AS TO INSURANCE: Stephen M. Fischer, City Attorney APPROVED AS TO CONTENT: APPROVED AS TO FORM: J e'~i Williams, Oxnard Chief of Police Andy H. Viets, Senior Assistant City Attorney City of San Buenaventura

15 15 JAG APPLICATION NUMBER: 216-H2984-CA-DJ EXHIBIT "A" CONTACT LIST FOR: JUSTICE ASSISTANCE GRANT PROGRAM AWARD ("JAG"): FY 216 LOCAL SOLICITATION CITY OF OXNARD Mary Diamond Financial Services Manager Oxnard Police Department Eric Sonstegard Assistant Police Chief Oxnard Police Department 251 South "C" Street Oxnard, CA South "C" Street Oxna rd, CA 933 (85) ( 85) Amy Van Atta Grants Specialist Oxnard Police Department 251 South "C" Street Oxnard, CA 933 (85) COUNTY OF VENTURA OFFICE OF THE SHERIFF Patricia Salas Captain Ventura County Sheriff's Department 8 South Victoria Avenue Ventura, CA 939 (85) patti.salas@ventura.org

16 16 JAG APPLICATION NUMBER: 216-H2984-CA-DJ EXHIBIT "A" CONTACT LIST FOR: JUSTICE ASSISTANCE GRANT PROGRAM AWARD ("JAG"}: FY 216 LOCAL SOLICITATION CITY OF SAN BUENAVENTURA Ken Corney Chief of Police Ventura Police Department Roger Wang Business Services Officer Ventura Police Department 1425 Dowell Drive Ventura, CA Dowell Drive Ventura, CA 933 (85) (85) CITY OF SIMI VALLEY Eric Levitt City Manager City of Simi Valley David Livingstone Lieutenant Simi Valley Police Department 2929 Tapo Canyon Road Simi Valley, CA Alamo Street Simi Valley, CA 9363 (85) (85) Suzanne Daunt Senior Management Analyst Simi Valley Police Department 391 Alamo Street Simi Valley, CA 9363 (85)

17 17 JAG APPLICATION NUMBER: 216-H2984-CA-DJ EXHIBIT "A" CONTACT LIST FOR: JUSTICE ASSISTANCE GRANT PROGRAM AWARD ("JAG"): FY 216 LOCAL SOLICITATION CITY OF THOUSAND OAKS VENTURA COUNTY SHERIFF'S OFFICE James Fryhoff Captain Ventura County Sheriff's Department 211 East Olsen Road Thousand Oaks, CA 9136 (85)