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30. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND MEMORANDUM OF UNDERSTANDING 1. Approve the acceptance of grant funding from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2010 Local Solicitation in the total amount of $1,925,549. 2. Approve a Memorandum of Understanding (MOU) between Maricopa County; and the Cities of Glendale, Mesa, and Phoenix. This MOU is required pursuant to the grant application requirements. This MOU also includes a negotiated reallocation to Maricopa County of $306,460 and $1,619,089 in funds to be reallocated to the Cities of Glendale - $164,499; Mesa - $242,540; and Phoenix - $1,212,050. Funds received by Maricopa County will be used to support projects in Adult Probation, County Attorney’s Office, Juvenile Probation, and the Sheriff’s Office. Further, grant awards are to be expended within a four year period of time, starting October 1, 2009 and ending not more than 48 months later. The JAG grant does allow up to 10 percent of the award for costs associated with administering JAG funds, and Maricopa County has been designated as the fiscal agent for this consortium of municipalities. The overall grant budgets for the departments receiving funding will be adjusted as necessary to accommodate this grant through a future reconciliation. 3. Approve the waiver of indirect costs above 10% of funding allocated to County Departments (Adult Probation, County Attorney, Juvenile Probation, and Sheriff’s Office). Adult Probation will receive a total of $67,421; at their FY 2010-11 indirect rate of 10.8%, their indirect costs are $6,619.52 of which $6,129.18 is recoverable and $490.33 is unallowable/waived. The County Attorney’s Office will receive a total of $117,700; at their FY 2010-11 indirect rate of 15.3%, their indirect costs are $16,371 of which $10,700 is recoverable and $5,671 is unallowable/waived. Juvenile Probation will receive a total of $53,918; at their FY 2010-11 indirect rate of 32.8%, their indirect costs are $16,077.37 of which $4,901.64 is recoverable and $11,175.73 is unallowable/waived. Sheriff’s Office will receive a total of $67,421; at their FY 2010-11 indirect rate of 14%, their indirect costs are $8,580.85 of which $6,129.18 is recoverable and $2,451.67 is unallowable/waived. Total indirect costs are $47,648.74 of which $27,860 is recoverable and $19,788.73 is unallowable/waived. Indirect costs over 10% are being waived so that a majority of the grant funding can be sub-granted to partner agencies, per the Memorandum of Understanding. The Local Law Enforcement Block Grants (LLEBG) preceded JAG. LLEBG procedures included a provision to protect counties from major funding disparities that resulted from the block grant formula. The formula allocated funds to communities by rate of violent crime arrests (predominantly by municipal police agencies), failing to reflect the substantial responsibilities of counties for adjudicating these high level crimes (including incarceration, prosecution, defense, and court processing). If declared disparate, communities were required to concur in a reallocation of the award amounts or no distribution of LLEBG funds occurred. As a result of the request for consideration by Maricopa County, in FY 2004 the Arizona Attorney General certified that the cities of Phoenix, Mesa, and Glendale were scheduled to receive an award twice as much as the projected County award. As the County allocates more than 50% of the local incarceration or prosecution expenditures for Part I, violent crimes, the Attorney General declared that the local funding of LLEBG dollars was disparate. Because of this decision, the 2010 JAG grant again requires a collaboration of all named cities and towns with Maricopa County. The following is the result of the negotiation process whereby Maricopa County will be allocated $306,460 of the total award. Adult Probation will receive $67,421 for the Community Restitution Program. The County Attorney’s Office will receive $117,700 for an adult felony warrants reduction program. Juvenile Probation will receive $53,918 for an Outstanding Warrants Apprehension program. The Sheriff’s Office will receive $67,421 for the Maricopa County Neighborhood Narcotics Enforcement Team (MCNNET). (C-20-10-083-3-00)