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HomeMy WebLinkAboutContracts & Agreements_169-2018INTERLOCAL AGREEMENT BETWEEN THE TOWN OF APPLE VALLEY, THE CITIES OF ADELANTO, BARSTOW, CHINO, COLTON, FONTANA, HESPERIA, HIGHLAND, MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO SAN BERNARDINO, UPLAND, VICTORVILLE, AND THE COUNTY OF SAN BERNARDINO, CA CONCERNING DISTRIBUTION OF THE 2018 JUSTICE ASSISTANCE GRANT AWARD This Agreement is made and entered into this 2151 day of August, 2018, by and between THE COUNTY OF SAN BERNARDINO, acting by and through its governing body, the Board of Supervisors (hereinafter referred to as "COUNTY"), and the aforementioned TOWN (hereinafter referred to as "TOWN") and named CITIES (hereinafter referred to as "CITIES"), acting by and through their respective governing bodies, the Town Council and City Councils, all of whom are situated within the County of San Bernardino, State of California as follows 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 ail 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 and WHEREAS, the COUNTY agrees to release to TOWN and CITIES their respective grant allocation from the JAG Award within sixty (60) days upon receipt of funds less five percent (5%) for administrative fees, as reflected on Appendix 1 here attached and hereby incorporated by reference as part of this agreement, and COUNTY agrees to use the five percent (5%) of JAG award funds received from TOWN and CITIES under this agreement for administrative fees toward the administration of TOWN's and CITIES' programs during the entire permissible duration of said programs, and TOWN and CITIES agree to deposit their JAG award funds into a separate trust account in accordance with JAG guidelines, and TOWN and CITIES each agree to the five percent (5%) reduction of their respective grant allocation from the JAG award, as reflected on Appendix 1 for administrative fees toward the administration of this program, and additionally the TOWN and CITIES each agree that it is their responsibility to ensure these funds are expended in accordance with JAG guidelines, and that the interest generated from such funds shall be solely applied and expended in accordance with these same JAG guidelines, and WHEREAS, the TOWN, CITIES and COUNTY believe it to be in their best interests to reallocate the JAG funds, NOW THEREFORE, the COUNTY and TOWN and CITIES agree as follows Section 1. COUNTY agrees to release to TOWN and CITIES their respective grant allocation from the JAG Award within sixty (60) days upon receipt of funds, less five percent (5%) for administrative fees, as reflected in Appendix 1 here attached and hereby incorporated by reference as part of this Agreement, and, COUNTY agrees to use the five percent (5%) of JAG award funds received from TOWN and CITIES under this agreement for administrative fees toward the administration of the TOWN's and CITIES' programs during the entire permissible duration of said programs MOLL 2018 Justice Assistance Grant Page 1 Section 2 TOWN and CITIES agree to deposit their JAG award funds into a separate trust account in accordance with the JAG guidelines, and TOWN and CITIES agree to the five percent (5%) reduction of their respective grant allocation from the JAG award, as reflected in Appendix 1, for administrative fees toward the administration of this program, and, TOWN and CITIES each agree that it is their responsibility to ensure these funds are expended in accordance with JAG guidelines and that all interest generated from such funds shall be solely applied and expended in accordance with these same JAG guidelines Section 3 TOWN and CITIES agree to enter into a sub -award grant agreement with the COUNTY in order to acknowledge receipt of the federal award information and applicable compliance requirements, including special conditions for each sub -award, before receiving grant funds Section 4 TOWN and CITIES agree to provide COUNTY with sufficient timely information as necessary within five business days after receiving written request from COUNTY to meet JAG requirements for quarterly and annual financial and performance reports Section 5 Nothing arising from this Agreement shall impose any liability for claims or actions against COUNTY other than what is authorized by law Section 6 Nothing arising from this Agreement shall impose any liability for claims or actions against TOWN and/or CITIES other than what is authorized by law Section 7 Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable to any other party to this Agreement for any claim or action arising from the services provided under this Agreement Section 8 The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement Section 9 By entering into this Agreement, the parties do not intend to create any obligations, either express or implied, other than those set out Herein, further, this Agreement shall not create any rights in any party not a signatory hereto MOU 2018 Justice Assistance Grant page 2 CITY OF REDLANDS, Q Mayor ATTEST ty Clerk I_1,,:191=1 PIF-Aysfel re3:� City Attorney 1 1 I 1 1 1 1 1 1 1 1 1 MOU - 2018 Justice Assistance Grant Page 14 WHEREFORE, all parties freely and voluntarily agree to all of the above terms CITY OF ADELANTO, CA City Manager ATTEST City Clerk APPROVED AS TO FORM City Attorney MOU 2018 Justice Assistance Grant Page 4 CITY OF BARSTOW, CA City Manager ATTEST City Clerk APPROVED AS TO FORM City Attorney MOU 208 Justice Assistance Grant Page 5 CITY OF CHINO, CA City Manager ATTEST City Clerk APPROVED AS TO FORM City Attorney 1 1 MOU 2018 Justice Assistance Grant Page 6 CITY OF COLTON, CA City Manager ATTE=ST City Clerk APPROVED AS TO FORM City Attorney 1 1 1 1 1 1 MDU 2018 Justice Assistance Grant Page 7 CITY OF FONTANA, CA City Manager ATTEST City Clerk APPROVED AS TO FORM City Attorney 1 1 1 MOU 2018 Justice Assistance Grant Page 8 CITY OF HESPERIA, CA City Manager ATTEST City Clerk APPROVED AS TO FORM City Attorney 1 1 1 1 1 MOU 2018 Justice Assistance Grant Page 9 CITY OF HIGHLAND, CA City Manager ATTEST City Clerk APPROVED AS TO FORM City Attorney 1 1 1 1 1 1 1 MOU 2018 Justice Assistance Grant Page 10 CITY OF MONTCLAIR, CA City Manager ATTEST City Clerk APPROVED AS TO FORM City Attorney 1 MOU - 2018 Justice Assistance Grant Page 11 CITY OF ONTARIO, CA City Manager ATTEST City Clerk APPROVED AS TO FORM City Attorney 1 1 1 1 1 1 1 1 MOU 201& Justice Assistance Grant Page 12 CITY OF RANCHO CUCAMONGA, CA City Manager ATTEST City Clerk APPROVED AS TO FORM City Attorney 1 MOU - 2018 Justice Assistance Grant Page 13 CITY OF RIALTO, CA City Administrator ATTEST City Clerk APPROVED AS TO FORM City Attorney 1 MOU - 2018 Justice Assistance Grant Page 15 CITY OF SAN BERNARDINO, CA Mayor ATTEST City Clerk APPROVED AS TO FORM City Attorney 1 1 1 MOU 2018 Justice Assistance Grant Page 16 CITY OF UPLAND, CA City Manager ATTEST City Clerk APPROVED AS TO FORM City Attorney 1 1 1 1 1 1 1 / I I 1 1 MOU 2018 Justice AssMance Grant Page 17 CITY OF VICTORVILLE, CA City Manager ATTEST City Clerk APPROVED AS TO FORM City Attorney 1 1 I 1 1 1 1 1 1 1 1 1 1 1 MOU - 2018 Justice Assistance Grant Page 18 2018 Justice Assistance Grant APPENDIX 1 Jurisdiction Allocation 5% Ad"nFee Award San Bemardino County $ 70,177 $ (3,509) $ 66,668 Adelanto $ 16,871 $ (844) $ 16,027 Apple Valley $ 18,940 $ (947) $ 17,993 Barstow $ 21457 $ (1,073) $ 20,384 Chino $ 15,301 $ (765) $ 14,536 Colton $ 13,333 $ (667) $ 12,666 Fontana $ 59411 $ (2,971) $ 56,440 Hespena $ 23,226 $ (1,161) $ 22,065 Highland $ 17,370 $ (869) $ 16,501 Montclair $ 15,974 $ (799) $ 15,175 Ontario $ 39,375 $ (1969) $ 37,406 Rancho Cucamonga $ 20,261 $ (1,013) $ 19,248 Redlands $ 14,554 $ (728) $ 13,826 Rialto $ 29,955 $ (1,498) $ 28,457 San Bernardino $ I91,9(4 $ (9,598) $ 182,366 Upland $ 16,074 $ (804) $ 15,270 Victorville $ 54,(X)3 $ (2,700) $ 51,303 Total $ 638,246 $ (31,915) $ 606,331 MOJ 2018 Justice Assistance Grant Page 19 WHEREFORE, all parties freely and voluntarily agree to all of the above terms TOWN OF APPLE VALLEY, CA Town Manager ATTEST Town Clerk APPROVED AS TO FORM Town Attorney COUNTY OF SAN BERNARDINO, CA Robert A Lovingood Chair, County Board of Supervisors ATTEST Clerk of the Board of Supervisors APPROVED AS TO FORM *Michelle Blakemore County Counsel by Phebe W Chu, Deputy *By law, the County Counsel's Office may only advise or approve contracts or legal documents on behalf of its clients It may not advise or approve a contract or legal document on behalf of other parties Our view of this document was conducted solely from the legal perspective of our clients Our approval of this document was offered solely for the benefit of our clients Other parties should not rely on this approval and should seek review and approval by their own respective attorneys MDU 2018 Justice Assistance Grant Page 3