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Contracts & Agreements_131-2013_CCv0001.pdf
INTERLOCAL 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 2013 JUSTICE ASSISTANCE GRANT AWARD This Agreement is made and entered into this Stn day of July, 2013, 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 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 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. MOU-2013 Justice Assistance Grant Page 1 ' / < Section 2. TOWN and CITIES agree tOdeposit their JAG award funds into 8separate trust account inaccordance with the JAG guidelines; and TOWN and CITIES agree to the five percent (596) reduction Of their respective grant allocation from the JAG mvvaPd' 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 eDGUn3 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 8Dt8[ into a sub-award grant agreement with the COUNTY in order to 8CkODVv|0dOe receipt of the federal award information and applicable DOOlpU8nDe requiFemnentG, including special COndibVD8 for each Sub-8Vv8nd' before receiving grant funds. Section 4. T(]VVN and [}|7-|ES @gng8 to provide COUNTY with sufficient Urn8|y information as necessary within five bVSiDeSS 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 C|8i[OG or actions against COUNTY other than what is authorized bylaw. Section 6. Nothing arising from this Ag[8e[n8ni shall i[DpOS8 any liability for 8|8iO0S or actions against T{l\NN and/or CITIES other than what isauthorized bylaw. Section 7. Each party tOthis Agreement will be responsible for its QVvD actions in providing services under this Agreement and Sh@U not be liable to any other party to this Agreement for any d3inl 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 o right by virtue of this Agreement. Section 9. By entering into this AoreeOnent. the pad|88 do not intend to Cre@[8 any obligations, either express Or |nup{ied, other than those set out herein; further. this Agreement shall not create any rights in any party not signatory hereto. MOU'2O\3Justice Assistance Grant Page WHEREFORE, all parties freely and voluntarily agree toall ofthe above terms. TOWN QFAPPLE\AALL COUNTY ,�:,3ERNA7NO, CA 4vtek, City Manager Janice Ruth ord Chair VtBoard of Supervisors ATTEST: City Cler APP Clerk ofthe Board ofSupervisors City Attorney APPROVED A8T0FORM: *Jean-ReneBes|e County Counsel by: Phobe W. Chu, Deputy *By law, the County Counsel's Office may only advise or approve contracts or legal documents on behalf ufits 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 ofthis document was offered solely for the benefit ofour clients. Other parties should not rely on this approval and should seek review and approval by their own respective attorneys. SIGNED A PY OF THIS 0 RED TO TH LAUR Clerk th OM wou-2o10Justice Assistance Grant Page WHEREFORE,all parties freely and voluntarily agree to all of the above terms. TZF APPLE V , CA COUNTY OF SAN BERNARDINO, CA Manager Janice Rutherford } EST: Chair, County Board of Supervisors ATTEST: City Cie*� ::3 D4AFORM: Clerk of the Board of Supervisors City Attorney APPROVED AS TO FORM: ".lean-Rene Basle County Counsel 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. MO -2013 Justice Assistmice Greet Page 3 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF AD 6A , CA C'05iNanager ATTST: r City Clerk APPROVED AS TO FORM: 4 City Attorney / 1 I 1 1 1 1 / 1 C 1 C 1 1 C 1 C C C 1 C 1 ! 1 1 MOU-2013 Justice Assistance Gant Page 4 CITY OF BARSTOW, CA f City Manager ATTEST: J �. ity'Clerk 4 APPROVED AS TO FORM: City Attorney I i 1 1 1 1 1 1 l 1 J 1 1 f 1 1 1 1 1 1 1 1 1 1 1 1 I P,OU-2013 Justice Assistance{grant Page 5 CITYI IMI Approved as to Content: Math w,C. lantyne, City ManagerFruit , f of Police TTEST: I Angel Rol:les, City Clerk APPROVED AS TQ FORM: Asl:City Attorney 1 1 1 1 1 1 1 l I I 1 1 1 l 1 1 NIOU-2013 Justice Assistance Grant Page 6 CITY OF COf`T PI, G C4 Manager ATTE u � City Clerk APPROVED AS TO FORM: City Att rney r / r r / 1 / / / 1 / / r 1 1 r 1 1 1 1 i 1 1 1 1 1 MOU-2013 Justice assistance Grant Page 7 CITY OF FO, AN CA �C Ci m§an ger ATTEST: City Clerk APPROVED AS TO FORM: Citj At�060y J ! / / 1 ! ! t t 1 J 1 t 1 / 1 1 t 1 f f t ! / t l t MOU-2013 Justice Assistance int Page 8 CITY OF HE A, CA Ci-ty Manager ATT S &y Clerk 7 Attorney City/ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / MUU'20n3xumdoeAssistance Grant CITY OF HIQH�XvD, CA r Ci anager ATTEST: City Clerk APPROVE S O F M: City Atta I 1 1 1 1 1 1 C 1 C C t I 1 1 1 1 1 C 1 J 1 1 1 l MOO-2013 Justice Assistance Grant Page 10 Cl F °' TG iP, City Manager A7 T: i r ci MI APPROVE©AS TO FO City Attomey I I r / 1 1 i t 1 1 1 t I / 1 I 1 I 1 1 1 / 1 1 1 1 I 1 t 1 1 1 t 1 MOU-2013 J Grant Page 11 CITY OF /10, CA Cit aria r ES ) City Clkr APPR� AARM: City Attorney l 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 MOU-2013 Justice Assistance Grant Page 12 CITY o city Manager At� T: Ci Clerk APPROVED AS TO FORM: Attomey f f 0 f f f f f ! ! f f f ! ! f ! f f f f F 7 f f ! f t t f ! Page 13 MOU-2013 Justice Assistance Grant CITY OF REE).ANDS, CA Mayor ATTEST: I City Cler f APPROVED AS TO FORM: City Attorne 1 1 t 1 i 1 1 / 1 I i f f 1 C 1 f f 1 1 MOU-2013 Justice Assistance Grant Page 14 ITY F LTO, ity Ad rN nistra-tor ATT S City C erk APPROV D A OF M: Cit I r / / / / / / / / / / I / 1 l / MOU-2013 Justice Assistance Grant Page 15 2013-230 CITY OF BAN BERNARDINO, CA Mayor ATTEST: City Jerk APPROVED AS TO FORM: " ��-A-Z-� Ci ttorney / 1 � / I 1 i 1 1 1 1 f f l 1 f 1 1 1 1 1 f f f / MOU-2013 Justice Assistance Grant Page 16 CITY UPLANDw, - , t �`"x t -CIVIVIadaw ATTEST. City Clark APMD AS O 1~CJM: 1 City Attorney' r 1 1 t f r 1 I J 1 r r r / J 1 J J 1 r 1 r J 1 J r J 1 f J J l r 1 J J f 2013 Jus#oe AssWtonw Grant paw 17 CITY OF VICTORVILLE, CA City Manager ATTEST: City Clerk APPROVED A L>' C y Attorney f 1 1 1 f f f f f f .. f f f f f f f f f f C C f f f C C C 1 MOU-2013 Justice Assistance Grant Page 18 2013 Justice Assistance Grant APPENDIX 1 Formula-based 5% Admin Award Jurisdiction Allocation Fee Amount San Bernardino County $ 84,728 $ (4,238) $ 80,490 Adelanto $ 17,205 $ (860) $ . 16,345 Apple Valley $ 15,504 $ (775) $ 14,729_ Barstow $ 15,809 $ (790) $ 15,019 Chino $ 17,255 $ (863) $ 16,392 Colton $ 14,743 $ (737) $ 14,006 Fontana $ 59,328 $ (2,966) $ 56,362 Hesperia $ 22,584 $ (1,129) 21,455 Highland $ 18,727 $ (936) $ 17,791 Montclair $ 14,413 $ (721) $ 13,692 Ontario $ 47,071 $ (2,354) $ 44,717 Rancho Cucamonga $ 24,741 $ (1,237) $ 23,504 Redlands $ 17,078 $ (853) $ 16,225 Rialto $ 38,545 $ (1,927) $ 36,618 San Bernardino $ 136,850 $ (6,843) $ 130,007 Upland $ 11,622 $ (581) $ 11,041 victorVille $ 54,557 $ (2,728) $ 51,829 Total 1 $ 610,760 $ (30,538), $ 580,222_ MOU-2013 Justice Assistance Grant Page 10