REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
July 26, 2022
FROM
SHANNON D. DICUS, Sheriff/Coroner/Public Administrator
SUBJECT
Title
Grant Sub-Award from the City of Riverside for the Fiscal Year 2021 Urban Areas Security Initiative
End
RECOMMENDATION(S)
Recommendation
1. Accept grant sub-award in the amount of $95,190 from the City of Riverside - Office of Emergency Management for Fiscal Year 2021 Urban Areas Security Initiative funding with a retroactive grant performance period of September 1, 2021 through May 31, 2024, for the purchase of 500 portable biometric fingerprint scanners.
2. Authorize the Sheriff/Coroner/Public Administrator to execute the Fiscal Year 2021 Urban Areas Security Initiative grant sub-award letter and submit the document to the City of Riverside - Office of Emergency Management to secure the grant funding.
3. Approve Memorandum of Understanding with the City of Riverside - Office of Emergency Management, including a non-standard term, regarding the Fiscal Year 2021 Urban Areas Security Initiative grant funding terms and conditions for the retroactive grant performance period of September 1, 2021 through May 31, 2024.
4. Adopt the “Proof of Authority”, as required by the Memorandum of Understanding with the City of Riverside - Office of Emergency Management, in which the Board of Supervisors, on behalf of the County, agrees to the following:
a. Any liability arising out of the performance of the Memorandum of Understanding shall be the responsibility of the County and the Board of Supervisors.
b. Grant funds shall not be used to supplant expenditures controlled by the Board of Supervisors.
c. The official executing the Fiscal Year 2021 Urban Areas Security Initiative grant sub-award letter is, in fact, authorized to do so.
5. Adopt Resolution authorizing the Chairman of the Board of Supervisors, Chief Executive Officer, and/or the Sheriff/Coroner/Public Administrator to proceed with the following actions in relation to the Fiscal Year 2021 Urban Areas Security Initiative grant sub-award, subject to review by County Counsel:
a. Execute and submit Fiscal Year 2021 Urban Areas Security Initiative related documents, including the Memorandum of Understanding, with the City of Riverside - Office of Emergency Management needed for grant sub-award acceptance.
b. Act as signatories for reimbursement claims, performance reports, and other documents required to administer the grant sub-award.
c. Execute any non-substantive grant sub-award amendments, including those to extend the performance timelines.
6. Direct the officials listed in Recommendation Nos. 2 and 5 to transmit all Memoranda of Understanding, agreements and any amendments to the Memoranda of Understanding or agreements in relation to the Fiscal Year 2021 Urban Areas Security Initiative grant sub-award to the Clerk of the Board of Supervisors within 30 days of execution.
(Presenter: John Ades, Deputy Chief, 387-3760)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
This item will not result in the use of additional Discretionary General Funding (Net County Cost). This award in the amount of $95,190 will provide funding to purchase 500 portable biometric fingerprint scanners. This revenue was not included in the Sheriff/Coroner/Public Administrator’s (Department) 2022-23 budget, therefore, related increases in appropriation and revenue will be included in the 2022-23 Mid-Year Budget Report presented to the Board of Supervisors (Board) for approval, if necessary. No matching funds are required.
BACKGROUND INFORMATION
Approval of this item and adoption of the required Board of Supervisors Resolution, will allow the Department to accept the Fiscal Year 2021 Urban Areas Security Initiative (UASI) grant sub-award and acquire 500 portable biometric fingerprint scanners. Once purchased, the 500 devices will be split between Riverside and San Bernardino Counties, 250 to each County.
Since its inception in 2003, the intent of the UASI program has been to enhance regional preparedness in major metropolitan areas. UASI program funds address the unique planning, organization, equipment, training and response exercise needs of high-threat, high-density urban areas and assist in building capacity to prevent against, mitigate, respond to, and recover from acts of terrorism.
Eligible candidates for the Fiscal Year 2021 UASI program have been determined through an analysis of relative risk of terrorism faced by the 100 most populous metropolitan areas in the United States. A total of 31 urban areas are eligible for funding under the 2021 UASI program, including the Riverside-San Bernardino-Ontario Urban Area (RSOUA). The City of Riverside’s Office of Emergency Management (City) administers the program for the RSOUA. The UASI Approval Authority is comprised of Riverside, San Bernardino, and Ontario City Managers, the Riverside County Executive Officer and the San Bernardino County Chief Executive Officer, which determine projects recommended for funding for the RSOUA. The projects are approved by the UASI Approval Authority and submitted to the State for final approval.
On October 19, 2020, the Department submitted a proposal to the City to fund the purchase of 500 portable biometric fingerprint scanners to be deployed throughout the Riverside-San Bernardino-Ontario UASI Region. On May 13, 2022, the Department received award letters from the City informing that funds from the California Office of Emergency Services, in the amount of $95,190, had been approved to acquire the requested equipment for the Riverside/San Bernardino Biometric Identification Network (CAL-ID), with an overall performance period of September 1, 2021 through May 31, 2024. The request for acceptance of the grant award is being submitted at the first available Board date upon completion of the financial and legal review process.
All resources acquired through this award will enhance and strengthen the RSOUA law enforcement agencies’ ability to make quick, on-scene identifications of criminals, including members of foreign terrorist groups, domestic violent extremists, and fugitives from justice, all of whom pose a threat to the community and law enforcement. The devices will also be used to conduct postmortem fingerprint scans of unidentified deceased persons and to confirm identities of homicide victims. The devices will be deployed to all of the agencies/cities, primarily law enforcement agencies, that participate in the Cal-ID program in the county.
Pursuant to County Policy 05-13, the Board must approve acceptance of all grant awards. The required Memorandum of Understanding (MOU) contains terms and conditions that differ from the standard County contract language as follows:
Indemnification:
a. Non-standard term: The MOU with the City allows for mutual indemnification.
b. Standard term: The County standard contract language requires the Contractor to indemnify the County in accordance with County Policy 11-07.
c. Potential Impact: The MOU will require the City and County to indemnify each other based on comparative fault. The County could be liable for potential harm or loss incurred by City.
d. Justification: The County believes that access to funding to purchase equipment for CAL-ID far negates any risks because possible injuries are minimal and both parties have adequate insurance coverage.
While this is a notable exception to the County’s standard contract language, the Department recommends approval of the MOU with the City of Riverside - Office of Emergency Management. County Counsel and Risk Management have reviewed and provided input on the proposed MOU with the City.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Richard D. Luczak, Deputy County Counsel, 387-5455) on June 29, 2022; Risk Management (Victor Tordesillas, Director, 386-8621) on June 28, 2022; Finance (Carolina Mendoza, Administrative Analyst, 387-0294) on July 6, 2022; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on July 11, 2022.