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HomeMy WebLinkAboutApprove Justice Assistance Grant and Memorandum of Agreement with Gallatin County_8 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Ron Price, Chief of Police Chris Kukulski, City Manager SUBJECT: Edward Byrne Memorial Justice Assistance Grant MEETING DATE: June 24, 2013 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Justice Assistance Grant Application to the Bureau of Justice in the amount of $15,513 and authorize the City Manager to sign the Memorandum of Agreement with Gallatin County allocating the use of those funds. BACKGROUND: On June 1, 2013, The Bureau of Justice Assistance announced the Bozeman Police Department and the Gallatin County Sheriff’s Office were eligible for an Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $15,513. A requirement of this disparate grant is that the funds be used jointly between the two law enforcement agencies and that a Memorandum of Agreement is in place that describes allocation of those funds. The use of JAG funds will support projects within the Bozeman Police Department and Gallatin County Sheriff’s Office that improve the effectiveness of our systems and enhance the safety of our officers and community. A brief project narrative is attached. FISCAL EFFECTS: Approval of this proposal will have no adverse impacts on the current Police Department budget. Matching funds are not required by the funding agency. ALTERNATIVES: As suggested by the City Commission. Attachments: Memorandum of Agreement with Gallatin County Project Narrative Report compiled: June 7, 2013 105 Page 1 of 3 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BOZEMAN, MT AND COUNTY OF GALLATIN, MT 2013 JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this ____ day of June, 2013, by and between the COUNTY of GALLATIN, a political subdivision of the State of Montana, acting by and through its governing body, the Gallatin County Commissioners, hereinafter referred to as COUNTY, and the CITY of BOZEMAN, a self-governing political subdivision of the State of Montana, acting by and through its governing body, the Bozeman City Commission, hereinafter referred to as CITY, both of Gallatin County, State of Montana: WHEREAS, the 2013 Montana Justice Assistance Grant Allocations indicate that $15,513 is jointly available to the CITY and the COUNTY for eligible purposes stipulated within the grant guidance; and WHEREAS, said guidance stipulates that, as disparate jurisdictions, the CITY and COUNTY must both be signatory on the required Memorandum of Understanding (MOU); and WHEREAS, the selected purpose area of this award is ‘Law Enforcement’ and all funds will be used for eligible costs under Catalog of Federal Domestic Assistance (CFDA) Number 16.738; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to allocate the JAG funds as follows: $7,757 to the CITY for the purchase of patrol rifles and accessories for School Resource Officers; and $7,756 to the COUNTY for the purchase of rifles for the special response team; and WHEREAS, both the City and the County receive more than $500,000 annually in federal funds; and, WHEREAS, the parties recognize the CITY as the grantee is obligated to comply with all applicable federal requirements related to the receipt and expenditure of the additional JAG allocation including the requirements detailed in OMB-133; and WHEREAS, the COUNTY is a sub-recipient of grant funds obligated to comply with requirements detailed in OMB-133, including requirements ensuring the COUNTY is meeting audit requirements; and WHEREAS, each governing body, 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 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; 106 Page 2 of 3 NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1 CITY and COUNTY agree to use 2013 JAG funds, if awarded, for purposes described above; and Section 2 CITY agrees to provide the COUNTY with detailed invoices for costs incurred for the acquisition of patrol rifles and accessories; and assures the COUNTY that no less than $7,757 will be expended on the acquisition of these items. Section 3 COUNTY agrees to provide the CITY with detailed invoices for costs incurred for the acquisition of rifles and assures the CITY that no less than $7,756 will be expended on the acquisition of these items. Section 4 Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY or against the CITY other than claims for which applicable law may impose liability. Section 5 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 the other party. Section 6 The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7 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 8 The CITY acknowledges its responsibility to comply with all applicable Federal requirements related to the receipt and expenditure of these funds, including but not limited to those outlined in OMB-133 and agrees to complete all federal reporting requirements on behalf of both parties. Section 9 As a co-recipient or sub-recipient of federal funds through this Justice Assistance Grant (JAG), the COUNTY agrees to meet all of the contractual requirements stipulated by the Bureau of Justice Assistance (BJA) in the award of this grant. 107 Page 3 of 3 Section 10 As the fiscal agent for this JAG, the CITY agrees to monitor performance and financial activities conducted by the COUNTY in the performance of this grant to ensure compliance with funding agency requirements. CITY OF BOZEMAN, MONTANA ____________________________________ Chris Kukulski, City Manager DATE COUNTY OF GALLATIN, MONTANA ____________________________________ Joe P. Skinner, DATE Commission Chair 108 PROJECT TITLE: Obtain Patrol Rifles for City Police School Resource Officers and Equip Sheriff’s Deputies on the Special Response Team with M4 type Rifles. PROJECT NARRATIVE: The City of Bozeman is requesting $15,513 from the FY 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The Department of Justice has determined that the City meets the criteria for a disparate jurisdiction within Gallatin County. Therefore, the City and the County have determined to equally divide the anticipated award between the two jurisdictions. The City has further determined to use their portion ($7,757) to continue the acquisition of patrol rifles and accessories. The City has currently doubled their assigned School Resource Officers from two (2) to four (4) in order to provide law enforcement presence to one High School, two Middle Schools and 8 Elementary Schools, representing over 5,500 students, school officials and related school visits by parents or community members. In 2012 and 2013, our School Resource Officers have already had several high risk calls where having a police tactical rifle may have been necessary. Several instances where a non-custodial parent has made threats to the school and to abduct their children took place, with some of these parents recently released from Montana State Prison. One of these cases involved a parent with confirmed ties to the Russian Mafia. We had several times where disgruntled parents have made violent threats toward school officials. We had four separate instances where students have made statements related to shooting other students and to having “hit lists”. Our officers also had several instances where a student has brought either a real gun or an “Air Soft” gone to school. Fortunately, our School Resource Officers were able to work with other Officers, school officials and parents to properly address and keep any of these situations from erupting into major violence. When or if this type of situation becomes violent, having a properly trained, properly armed School Resource Officer to provide immediate reaction to the threat is extremely important and necessary. In FY 2012, the department used JAG funding to buy police tactical rifles to augment patrol cars, but did not have the funding to place these rifles in SRO response vehicles. All officers, including these four SROs are trained and certified in the use of these rifles. In light of much publicized mass shooting events across the nation (Newtown, Co; Aurora, Co, etc.) properly training and arming local law enforcement, including first response School Resource Officers, is necessary and prudent. In this case, adding four police tactical rifles to a department that has already incorporated these rifles into their operations and focused their training to react properly as a team only serves to enhance law enforcement response and provide safety for students, school administration and the community as a whole. The County has determined to use their portion ($7,756) for the purchase of up to 8 police tactical (M4) rifles to equip members of the Special Response Team. The City of Bozeman is within the jurisdiction of the Gallatin County Sheriff’s Office and as such incorporates its justifications as stated above. In addition the Sheriff’s Office protects roughly the same number of people outside of the jurisdiction of incorporated cities. The joint City/County Special Response Team is tasked with response to high risk and violent events that require the potential application of lethal force to safeguard life in the community. 109 Both projects improve and enhance the JAG Program areas of Law Enforcement Programs and Prevention programs and both projects are anticipated to be completed within one-year of funding award. As the lead applicant, the City of Bozeman will be responsible for project and grant administration, including financial management, and ensuring the project is implemented consistent with applicable federal, state, county and local standards. The City is also responsible for compliance with assurances and certifications, submitting reports, and providing oversight and assistance to the sub-recipient of funds (Gallatin County). Since the City and County have worked jointly on several similar projects, including previous JAG projects, effective working relationships have been established between the two jurisdictions and methods for addressing barriers and conflicts have been developed. 110