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MEMORANDUM OF UNDERSTANDING BETWEEN
JURISDICTIONS AND THE CITY OF LOS ANGELES
JUSTICE ASSISTANCE GRANT (JAG) FY 09 PROGRAM AWARD
This Memorandum of Understanding ( "MOU ") is made and entered into this 1st day of
February 2010, by and among the City of Los Angeles, acting by and through its
governing body, the City Council ( "CITY "), and each of the jurisdictions and entities,
severally and not jointly, whose names are set forth on Exhibit A attached hereto and
whose signatures to this MOU are attached hereto, each acting by and through its
respective governing body (which jurisdictions and entities are hereinafter collectively
referred to as "Jurisdictions" and each individually as a "Jurisdiction "), the City and the
Jurisdictions being located in Los Angeles County, State of California.
WITNESSETH
WHEREAS, this MOU is authorized pursuant to Section 23005 of the
Government Code; and
WHEREAS, this MOU is authorized by the Los Angeles City Council and the
Mayor of Los Angeles (refer to Council File 09 -2545 dated January 19, 2010) and the
Jurisdiction's respective governing body (i.e. its City Council and Mayor or Board of
Supervisors); and
WHEREAS, the United States Department of Justice, Office of Justice Programs'
Bureau of Justice Assistance ( "BJA ") administers the U.S. Department of Justice,
Edward Byrne Memorial Justice Assistance Grant ( "JAG ") FY 09 Program; and
WHEREAS, BJA requires a Memorandum of Understanding ( "MOU ") between
the Jurisdiction and City prior to allocating JAG funds; 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 MOU 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 MOU; and
WHEREAS, the CITY agrees to serve as the applicantifiscal agent for the JAG
funds allocated to the Jurisdiction and to provide the Jurisdiction with the amount of
JAG funds approved by BJA;
NOW THEREFORE, the Jurisdiction and CITY agree as follows:
Section 1
JAG 09MOU 1 07/09
The term of this MOU shall commence on October 1, 2008 and end September 30,
2012. Said term is subject to the provisions herein.
Section 2
Exhibit A to this MOU sets forth the amount of JAG funds allocated to each Jurisdiction
by BJA. Upon the disbursement by BJA to the City of JAG funds allocated to the
Jurisdiction, the CITY agrees to disburse to the Jurisdiction that amount set forth on
Exhibit A as the "Disbursement Amount" for the Jurisdiction. The Disbursement Amount
is the amount of JAG funds allocated to the Jurisdiction by BJA less 7% of such
allocated amount to be retained by the City as compensation to the City for its role as
applicant/fiscal agent of such JAG funds. The Jurisdiction agrees to use the JAG funds
for those projects approved by BJA and the JAG program as set forth in the application
for the JAG funds submitted by the City to BJA. Prior to disbursement of the
Disbursement Amount of JAG funds to the Jurisdiction, the Jurisdiction agrees to enter
into a contract with the City setting forth the Jurisdiction's and the City's assurances and
obligations regarding the use of JAG funds, which shall include without limitation
compliance with all applicable laws and reporting requirements as set forth by BJA in
connection with the use of the JAG funds (the "Contract').
Section 3
Nothing in the performance of this MOU shall impose any liability for claims against the
Jurisdiction other then claims for which liability may be imposed by the California Tort
Claims Act, or claims by the State or Federal Government for unallowable expenditure
of the funds provided by this MOU.
Section 4
Nothing in the performance of this MOU shall impose any liability for claims against
CITY other than claims for which liability may be imposed by the California Tort Claims
Act, or claims by the State or Federal Government for unallowable expenditure of the
funds provided by this MOU.
Section 5
Funding for all periods of this MOU is subject to the continuing availability of Federal
funds for this program. The MOU may be terminated immediately upon written notice to
the Jurisdiction of a loss or reduction of Federal grant funds. Any change in the terms of
this MOU, including any increase or decrease in the amount of JAG funds awarded,
shall be incorporated into this MOU by a written amendment properly executed and
signed by the person authorized to bind the parties.
Section 6
Upon the disbursement of funds to the Jurisdiction, the Jurisdiction shall provide
performance reports on a quarterly basis demonstrating progress in achieving desired
goals and outcomes in a form and manner as required under the JAG program. Such
reporting requirements shall also be set forth in the Contract, which shall also provide
dates on which these reports shall be submitted to the CITY.
JAG 09MOU 2 07/09
Section 7
Each of the parties to this MOU is a public entity. In contemplation of the provisions of
Section 895.2 of the Government Code of the State of California imposing certain tort
liability jointly upon public entities, solely by reason of such entities being parties to an
MOU as defined by Section 895 of said Code, the parties hereto, as between
themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said
Code, will each assume the full liability imposed upon it or upon any of its officers,
agents, or employees by law, for injury caused by a negligent or wrongful act or
omission occurring in the performance of this MOU, to the same extent that such liability
would be imposed in the absence of Section 895.2 of said Code. To achieve the above
stated purpose, each party indemnifies and holds harmless the other party solely by
virtue of said Section 895.2. The provision of Section 2778 of the California Civil Code is
made a part hereto as if fully set forth herein. The Jurisdiction certifies that it has
adequate self insured retention of funds to meet any obligation arising from this MOU.
CITY also certifies that it has adequate self - insured retention of funds to meet any
obligation arising from this MOU.
Each party to this MOU will be responsible for its own actions in providing services
under this MOU and shall not be liable for any civil liability that may arise from the
furnishing of the services by the other party.
Section 8
The parties to this MOU warrant that they will abide by all the Federal, State and other
governmental rules and regulations applicable to the JAG funds. The Jurisdiction shall
be liable to the City, as fiscal agent, for any sums spent under the JAG grant found to
be ineligible by the State or Federal government. The Jurisdiction shall cooperate and
assist the City in any audit, or administrative or judicial actions brought by the State or
Federal govemment concerning the activities funded by this MOU.
Section 9
The parties to this MOU do not intend for any third party to obtain a right by virtue of this
MOU.
Section 10
By entering into this MOU, the parties do not intend to create any obligations express or
implied other than those set out herein. Further, this MOU shall not create any rights in
any party not a signatory hereto.
Section 11
This MOU may be executed in any number of counterparts, each of which shall be an
original, but all of which together shall constitute one instrument.
JAG 09MOU 3 07/09
IN WITNESS WHEREOF, the governing bodies of the parties hereto have
authorized the foregoing Memorandum of Understanding between the Jurisdiction
whose execution is set forth below and the City of Los Angeles to be executed on the
L14h day of 2010.
CITY OF
(NAME AND Title)
0
Date:
ATTEST:
(NAME AND Title)
By:
(Title)
Date:
CITY OF L GELES
ANTONI ILLA OS , Mayor
By: �
Date:
APPROVED AS TO FORM:
CITY OF LOS ANGELES
CARMEN TRUTANICH, City Attorney
0
City Attorney
Date:
a
APPROVED AS TO FORM:
(JURISDICTION)
(NAME AND Title)
Date:
(Title)
Attach City Seal Below:
Attach City Seal Below:
ATTEST:
JUNE LAGMAY, City Clerk
By: J.A Mr'.'
Deputy City Clerk
Date:
Council File /CAO Number W -2g4s- Date: ah I Ito tligfIn
Said MOU is Number C - 1177732 of City Contracts 1-732
JAG 09MOU 4 07/09
IN WITNESS WHEREOF, the governing bodies of the parties hereto
have authorized the foregoing Memorandum of Understanding between the
Jurisdiction whose execution is set forth below and the City of Los Angeles to
be executed on the day of February, 2010.
CITY OF ARCADIA
DONALD PENMAN, City Manager
By: L
ity M ager _
Date: 2 �(
ATTEST:
LISA MUSSENDEN
Chief Deputy Cit Clerk
By:
Ch' f eputy City Clerk
Date: .0.)' 51 '/d
CITY OF LOS ANGELES
ANTONIO R. VILLARAIGOSA, Mayor
Date:
APPROVED AS TO FORM:
CITY OF LOS ANGELES
CARMEN TRUTANICH, City Attorney
Deputy City Attorney
Date:
Council File /CAO Number
Said MOU is Number
APPROVED AS TO FORM:
CITY OF ARCADIA
STEPHEN P. DEITSCH, City Attorney
By: G-
City A orney
Date:
Attach City Seal Below:
Attach City Seal Below:
ATTEST:
JUNE LAGMAY, City Clerk
By:
Date:
Date:
of City Contracts
Deputy City Clerk
JAG 09MOU 4 07/09
EXHIBIT A
Jurisdiction Name
Allocated
Amount *
7°k
Deduction * **
Disbursement
Amount
LOS ANGELES COUNTY **
$880,104.46
$61,607.31
$818,497.15
ALHAMBRA CITY
$35,270.23
$2,468.92
$32,801.31
ARCADIA CITY
$17,536.85
$1,227.58
$16,309.27
ARTESIA CITY
$11,678.40
$817.49
$10,860.91
AZUSA CITY
$23,005.27
$1,610.37
$21,394.91
BALDWIN PARK CITY
$37,379.39
$2,616.56
$34,762.83
BELL CITY
$19,646.01
$1,375.22
$18 270.79
BELL GARDENS CITY
$30,582.86
$2,140.80
$28,442.06
BELLFLOWER CITY
$59,290.58
$4,150.34
$55,140.24
BEVERLY HILLS CITY
$16,639.29
$1,164.75
$15,474.54
BURBANK CITY
$30,153.33
$2,110.73
$28,042.60
CERRITOS CITY
$18,942.96
$1,326.01
$17,616.95
COMMERCE CITY
$16,130.74
$1,129.15
$15,001.59
COMPTON CITY
$196,308.16
$13,741.57
$182,566.59
COVINACITY
$23434.81
$1,640.44
$21,794.37
CUDAHY CITY
$15,076.16
$1,055.33
$14,020.83
CULVER CITY
$22,263.72
$1,558.46
$20,705.26
DIAMOND BAR CITY
$13,592.05
$951.44
$12,640.60
DOWNEY CITY
$55,267.77
$3,868.74
$51,399.02
DUARTE CITY
$11,092.86
$776.50
$10,316.36
EL MONTE CITY
$79,093.61
$5,536.55
$73,557.06
GARDENA CITY
$56,6 .37
$3,964.41
$52,669.96
GLENDALE CITY
$42,690.80
$2,988.36
$39,702.44
HAWAIIAN GARDENS CITY
$17,576.36
$1,230.35
$16,346.01
HAWTHORNE CITY
$74,523.76
$5,216.66
$69,307.09
HUNTINGTON PARK CITY
$67,727.23
$4740.91
$62,986.32
INGLEWOOD CITY
$122,799.48
$8,595.96
$114,203.51
LA MIRADA CITY
$13,592.05
$951.44
$12,640.60
LA PUENTE CITY
$27,888.16
$1,952.17
$25,935.99
LAKEWOOD CITY
$48,237.23
$3,376.61
$44,860.62
LANCASTER CITY
$147,289.88
$10,310.29
$136,979.59
LAWNDALE CITY
$25,661.48
$1,796.30
$23,865.18
LOMITA CITY
$12,537.46
$877.62
$11,659.84
LONG BEACH CITY
$400,154.41
$28,010.81
$372,143.60
LOS ANGELES CITY **
$3,519,128.25
$246,338.98
$3,272,789.27
LYNWOOD CITY
$81,632.31
$5,714.26
$75,918.04
MAYWOOD CITY
$18,630.94
$1,304.17
$17,326.77
MONROVIA CITY
$15,896.73
$1,112.77
$14,783.96
MONTEBELLO CITY
$31,324.41
$2,192.71
$29,131.70
MONTEREY PARK CITY
$19,881.04
$1,391.67
$18,489.37
NORWALK CITY
$64,329.47
$4,503.06
$59,826.41
PALMDALE CITY
$120,065.27
$8,404.57
$111,660.70
PARAMOUNT CITY
$51,478.97
$3,603.53
$47,875.45
PASADENA CITY
$84,288.51
$5,900.20
$78,388.32
PICO RIVERA CITY
$36,519.32
$2,556.35
$33,962.96
JAG 09MOU 5 07/09
POMONA CITY
$145,492.73
$10,184.49
$135,308.24
REDONDO BEACH CITY
$24,099.36
$1,686.96
$22,412.41
ROSEMEAD CITY
$28,004.66
$1,960.33
$26,044.33
SAN FERNANDO CITY
$14,334.61
$1,003.42
$13,331.19
SAN GABRIEL CITY
$24,215.87
$1,695.11
$22,520.75
SANTA CLARITA CITY
$42,964.32
$3,007.50
$39,956.82
SANTA FE SPRINGS CITY
$16,951.31
$1,186.59
$15,764.72
SANTA MONICA CITY
$67,844.74
$4,749.13
$63,095.61
SOUTH EL MONTE CITY
$15,858.23
$1,110.08
$14,748.15
SOUTH GATE CITY
$62,883.85
$4 401.87
$58,481.98
TORRANCE CITY
$39,722.57
$2,780.58
$36,941.99
WEST COMNA CITY
$45,347.00
$3,174.29
$42,172.71
WEST HOLLYWOOD CITY
$38,628.48
$2,703.99
$35,924.49
WHITTIER CITY
$37,495.89
$2,624.71
$34,871.18
*The final allocation amount includes additional funding from Carson and Industry, who
declined their JAG funds. Their allocations were evenly distributed based on each
jurisdiction's percentage of the total grant amount per DOJ.
**Los Angeles County and the City of Los Angeles will pool together their respective
disbursement amounts and split them by 50% based on a previous agreement on how
to split JAG funds.
***The 7% deduction from all other jurisdictions will be added to the City's total for
Management and Administration of the grant for a total of $512,177.47.
JAG 09MOU 6 07/09