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HomeMy WebLinkAboutContracts & Agreements_91-2007_CCv0001.pdf INTERLOCAL AGREEMENT BETWEEN THE TOWN OF APPLE VALLEY AND THE CITIES OF 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 2007 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 5th day of JUNE 2007, 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 County, 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 all 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 CITY 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: Page t 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 I 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. 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 additionally, 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 provide COUNTY with sufficient timely information on request as necessary for COUNTY to meet JAG requirements for quarterly and annual financial and performance reports. Section 4, Nothing in the performance of this Agreement shall impose any liability for claims or actions against COUNTY other than what is authorized by law. Section 5. Nothing in the performance of this Agreement shall impose any liability for claims or actions against TOWN and/or CITIES other than what is authorized by law. Section 6. 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 any other party. Section 7.. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Page 2 zy IN x4 Section 8. ---------------- 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. WHEREFORE, all parties freely and voluntarily agree to all of the above terms. TOWN OF APPLE VALLEY, CA COUNTY OF SAN BERNARDINO, CA ....................--- City Manager PAUL BIANE ATTEST: Chairman, County Board of Supervisors City Clerk ATTEST: APPROVED AS TO FORM: Clerk of the Board of Supervisors City Attorney APPROVED AS TO FORM: *RUTH E. STRINGER County Counsel by: Dennis Tilton, 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. Mage 3 i WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF BARSTOW, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF CHINO, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Page 4 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF COLTON, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF FONTANA, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF HESPERIA, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: s City Attorney Page 5 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF HIGHLAND, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF MONTCLAIR, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF ONTARIO, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Page M WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF REDLAND , CA J Harrison, Mayor ATTEST: �,,.-----, Lorr' Poyzer, i Jerk APPROVED AS TO FORM: City Attorney CITY OF RIALTO, CA City Administrator ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF SAN BERNARDINO, CA Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Page 7 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF RANCHO CUCAMONGA, CA City Manager ATTEST: City Clerk. APPROVED AS TO FORM: City Attorney CITY OF UPLAND, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF VICTORVILLE, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Page 8 2007 JAG AWARD DISTRIBUTION 5% Admin Os"Thro'' Jurisdiction Name JAG Fee Ant�►urtt San Bemardino county 114,970 5,749 i,f99,221 '; Apple Valley4 Barstow City27,953 1,398 2 , 5 Chino City Colton City 25,957 1,298 Fontana City 85,917 4,296 51,621 Hesperia City 19,440 972 18,468 Highland City 21,071 1,054 2t1,Ct17 Montclair City 23,342 1,167 22,175 Ontario Ci 97,907 4,895 93,612 Rancho Cucamonga City 33,452 1,673 31,779 Redlands City 34,871 1,744 33,127 Rialto Ci 98,298 4,915 93,383 San Bernardino City 284,109 14,205 269,904 U land City 28,060 1,403 26,6557 Victorville City 40,688 2,534 35,654 Total 985,496 49,275 1 936,221 APPENDIX 1 Page 9