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Home My WebLink About25-Police Department ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael A. Billdt, Chief of Police Subject: Resolution of the City of San Bernardino authorizing the obligation and Dept: Police Department expenditure of the allocated FY 2008/09 Justice Assistance Grant (JAG) funds and Date: June 17, 2008 execution of a JAG grant Interlocal Agreement between the City of San Bernardino and County of San Bernardino. M/CC Date: July 7, 2008 Synopsis of Previous Council Action: 06/18/2007 Resolution #2007-196 approved. 02/08/2006 Resolution#2006-39 approved. 03/21/2005 Resolution#2005-69 approved. 11/06/2004 Resolution#2004-381 approved. 11/20/2003 Resolution#2003-309 approved. 11/06/2002 Resolution#2002-354 approved. Recommended Motion: Adopt Resolution. - MICHAEL A. BILLDT, CHIEF OF POLICE Contact person: Capt. Theodis Henson Phone: 384-5606 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: $297,506 Source: $84,139 -BJA Justice Assistance Grant (Acct. #786) $213,367 - General Fund Finance Council Notes: Eso Zct�P-- Z�ely Agenda Item No. Ab 7/7/0e CITY OF SAN BE RNARDINO - RE QUEST FOR COUNCIL ACTION STAFF REPORT SUBJECIr Resolution of the City of San Bernardino authorizing the obligation and expenditure of the allocated FY 2008/09 Justice Assistance Grant (JAG) funds and execution of a JAG Interlocal Agreement between the City of San Bernardino and County of San Bernardino. BACKGROUND At President Bush's request, Congress consolidated the Byrne Grants and LLEBG into a single program known as the Edward Byrne Memorial Justice Assistance Grant (JAG) in order to streamline funding and grant administration. Grant funding is allocated based on a formula that includes population and a three-year average of reported violent crime for each jurisdiction. There is no cash match. Funding allocations have varied over the years, with funding in FY 2008/09 drastically reduced by President Bush,with California receiving 65% less than in FY 2007/08. With these reductions only the City of San Bernardino and County of San Bernardino will receive JAG funding in FY 2008/09. For FY 08/09, the City of San Bernardino's allocation is $84,139. This amount is $185,765 (68.8%) less than last year's JAG allocation of$269,904. In FY 2007/08 the department used JAG funds to cover 100% of the salary and benefits costs of (1) Forensic Specialist III (since upgraded to Forensics &Property Manager via Comp &Class) and (3) Dispatcher I/II's. In FY 2008/09 the department will utilize grant funds for 28.3% of the salary and benefits of the Forensics &Property Manager and (3) Dispatch positions with the General Fund picking up $213,637 of the personnel costs totaling $297,506. The City of San Bernardino has been designated as a disparate jurisdiction (those cities receiving one-and-one-half times the County allocation) and is required to file a single joint application with the County of San Bernardino. The County Law & Justice Group has served as the grant administrator and fiscal agent for JAG program funds and previously charged each recipient a 5% administrative fee. They will be recommending that the Board of Supervisors waive the administrative fee at their July 8, 2008 meeting. The County Law&Justice Group has prepared an Interlocal Agreement between the City of San Bernardino and County of San Bernardino, identifying the County Law&Justice Group as the grant administrator and fiscal agent and detailing JAG grant administration and billing procedures. Our City Manager, City Attorney and City Clerk must sign and submit the agreement to the County Law and Justice Group. JAG applications are due to BJA by July 8,2008. FINANCIAL IMPACT FY 2008/09 JAG grant funds will be used to offset the personnel costs of (4) civilian police positions, existing and filled. Grant funds will provide 28.3% of the total salary of benefits with the General Fund picking up all remaining costs, including any overtime expenditures of the three dispatcher positions. Account Number Description Total 001-219-50xx 1 Forensics & Property Manager $ 88,335 001-221-50xx 3 Dispatcher 1/11 $ 209,171 Subtotal $ 297,506 Less: 108-586-xxxx FY 2008/09 JAG grant allocation $ 84,139 Net General Fund $ 213,367 RECOMMENDATION Adopt Resolution. , 1 RESOLUTION NO. COPY 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 OBLIGATION AND EXPENDITURE OF THE ALLOCATED FY 2008/09 JUSTICE ASSISTANCE GRANT (JAG) FUNDS AND EXECUTION OF A JAG INTERLOCAL 4 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF 5 SAN BERNARDINO. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The City Manager or his designee is hereby authorized to obligate and 9 expend the allocated Justice Assistance Grant monies in the amount of $84,139 from the U.S. i0 Department of Justice, Bureau of Justice Assistance for law enforcement support expenditures as 11 outlined in the attached Expenditure Plan submitted by the Chief of Police (Exhibit"A"). 12 13 SECTION 2. The Mayor and Common Council of the City of San Bernardino hereby 14 authorize the City Manager to execute the JAG grant Interlocal Agreement between the City of 15 San Bernardino and County of San Bernardino in the form attached hereto, marked Exhibit B and i6 by the reference made in part hereof. 17 18 19 20 21 ' 22 23 24 25 26 27 28 I / o 3- I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE OBLIGATION AND EXPENDITURE OF THE ALLOCATED FY 2008/09 JUSTICE 2 ASSISTANCE GRANT (JAG) FUNDS AND EXECUTION OF A JAG GRANT 3 INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on 7 the day of ,2008, by the following vote,to wit: 8 Council Members: Armes Nays Abstain Absent 9 10 ESTRADA 11 BAXTER 12 BRINKER 13 DERRY 14 KELLEY 15 JOHNSON 16 McCAMMACK 17 18 19 Rachel G. Clark, City Clerk 20 The foregoing Resolution is hereby approved this day of ,2008. 21 22 Patrick J. Morris, Mayor 23 City of San Bernardino Ap roved as to Form: 24 25 a es F. Penman, City Attorney 26 27 28 2 EXHIBIT "A" San Bernardino Police Department FY 2008/09 Justice Assistance Grant Expenditure Plan Narrative Forensics &Properly Manager Since FY 1999/2000, LLEBG (JAG) funding has been used to cover the personnel costs of a Forensic Technician III position. The Forensic Specialist III supervised both the Identification and Evidence units, comprised of one Administrative Clerk II, (12) Forensic Technician I/II, three Property Technician I/II positions. These employees collect,process, store, and safeguard property and evidence in police custody and protect the department and City from liability arising from the mishandling or loss of these items. The Comp and Class study elevated this position to a Forensics & Property Manager. For FY 2008/09, the salary and benefits of the Forensics and Property Manager will be approximately$88,335. Additional Dispatchers Since FY 1999/2000, LLEBG (JAG) funding has been used to augment staffing in Police Dispatch, providing for three additional dispatcher positions. These positions are essential to maintain quality service for the public and department personnel and handle 9-1-1 calls and other calls for police service. For FY 2008/09, the salary and benefits of the three grant funded Dispatcher II's will be approximately$219,171. FY 2008/09 JAG grant funding will cover $84,139 or 28.3% of the funding for these (4) civilian police positions. The General Fund will pick up the remaining $213,367 or 71.7%. EXHIBIT "A" San Bernardino Police Department FY 08/09 Justice Assistance Grant Line Item Budget Account Number Description Total 001-219-50xx (1) Forensics & Property Manager $ 88,335 001-221-50xx (3) Dispatcher II $ 209,171 Subtotal $ 297,506 Less: 108-786-xxxx FY 2008/09 JAG grant allocation $ 84,139 Net General Fund Needs $ 213,367 EXHIBIT "B" INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, CA CONCERNING DISTRIBUTION OF THE 2008 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this day of , 2008,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 City of San Bernardino (hereinafter referred to as "CITY"), acting by and through its respective governing body, the City Council, 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 CITY its respective grant allocation from the JAG Award within sixty(60) days upon receipt of funds, as reflected on Appendix 1 here attached and hereby incorporated by reference as part of this agreement; and CITY agrees to deposit its JAG award funds into a separate trust account in accordance with JAG guidelines; and additionally the CITY agrees that it is its 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 CITY agree as follows: Section 1. COUNTY agrees to release to CITY its respective grant allocation from the JAG Award within sixty (60) days upon receipt of funds as reflected in Appendix I here attached and hereby incorporated by reference as part of this Agreement. Section 2. CITY agrees to deposit its JAG award funds into a separate trust account in accordance with the JAG guidelines; and additionally, CITY agrees that it is its 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. CITY agrees 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. Page 1 1 EXHIBIT "B" 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 CITY 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. 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. CITY OF SAN RFRrT n DT^'^ COUNTY OF SAN BERN , O, CA HO i PAUL BIA ` a Chairman, County Board of Supervisors Nil � Y l J .ATTEST: H egr• Clerk of the Board of Supervisors APPROVED AS TO FORM: *RUTH E. STRINGER County Counsel by: in Julie J. Surber,Deputy Coun Coutt�el ' , H 0!_0 *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. Page 2 EXHIBIT "B" APPENDIX 1 3 1 2008 BYRNE JUSTICE ASSISTANCE GRANT (JAG) AWARD DISTRIBUTION County of San Bernardino $ 37,370 City of San Bernardino $ 84,139 Total 2008 JAG Award $121,509 i r i 9 j I j { i9 i '1 t 7 i 1 i Page 3 INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, CA CONCERNING DISTRIBUTION OF THE 2008 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this day of , 2008,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 City of San Bernardino (hereinafter referred to as "CITY"), acting by and through its respective governing body, the City Council, 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 CITY its respective grant allocation from the JAG Award within sixty(60) days upon receipt of funds, as reflected on Appendix 1 here attached and hereby incorporated by reference as part of this agreement; and CITY agrees to deposit its JAG award funds into a separate trust account in accordance with JAG guidelines; and additionally the CITY agrees that it is its 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 CITY agree as follows: Section 1. COUNTY agrees to release to CITY its respective grant allocation from the JAG Award within sixty (60) days upon receipt of funds as reflected in Appendix 1 here attached and hereby incorporated by reference as part of this Agreement. Section 2. CITY agrees to deposit its JAG award funds into a separate trust account in accordance with the JAG guidelines; and additionally, CITY agrees that it is its 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. CITY agrees 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. Page 1 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 CITY 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. 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. CITY OF SAN BERNARDINO, CA COUNTY OF SAN BERNARDINO, CA Fred Wilson, City Manager <Z�� e Chairman, County Board of Supervisors ATTEST: <ZE]W Rachel G. Clark, City Clerk APPROVED AS TO FORM: Clerk of the Board of Supervisors FORM: es F. Penman, City Attorney H e r w TRINGER County Counsel by: Julie J. Surber,Deputy County Counsel *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. Page 2 APPENDIX 1 2008 BYRNE JUSTICE ASSISTANCE GRANT (JAG) AWARD DISTRIBUTION County of San Bernardino $ 37,370 City of San Bernardino $ 84,139 Total 2008 JAG Award $121.509 Page 3 INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, CA CONCERNING DISTRIBUTION OF THE 2008 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this day of , 2008, by and between THE i COUNTY OF SAN BERNARDINO, acting by and through its governing body, the Board of Supervisors (hereinafter referred to as "COUNTY'), and the City of San Bernardino (hereinafter referred to as "CITY'), acting by and through its respective governing body, the City Council, 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 CITY its respective grant allocation from the JAG Award within sixty(60) days upon receipt of funds, as reflected on Appendix 1 here attached and hereby incorporated by reference as part of this agreement; and CITY agrees to deposit its JAG award funds into a separate trust account in accordance with JAG guidelines; and additionally the CITY agrees that it is its 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 CITY agree as follows: Section 1. COUNTY agrees to release to CITY its respective grant allocation from the JAG Award within sixty (60) days upon receipt of funds as reflected in Appendix 1 here attached and hereby incorporated by reference as part of this Agreement. Section 2. CITY agrees to deposit its JAG award funds into a separate trust account in accordance with the JAG guidelines; and additionally, CITY agrees that it is its 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. CITY agrees 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. Page 1 Section 4. Nothin g 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 CITY 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. Section 8. 3 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. CITY OF SAN BERNARDINO, CA COUNTY OF SAN BERNARDINO, CA F�F. Siyn _ Hsre Fred Wilson, City Manager L BIANE Chairman, County Board of Supervisors ATTEST: ;EST:H e9 e Rachel G. Clark, City Clerk CE APPROVED AS TO FORM: Clerk of the Board of Supervisors 7� APPROVED AS TO FORM: es F. Penman, City Attorney Sig n R County Counsel by: Julie J. Surber, Deputy County Counsel *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. Page 2 APPENDIX 1 2008 BYRNE JUSTICE ASSISTANCE GRANT (JAG) AWARD DISTRIBUTION County of San Bernardino $ 37,370 City of San Bernardino $ 84,139 Total 2008 JAG Award $121 09 Page 3 INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, CA CONCERNING DISTRIBUTION OF THE 2008 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this day of , 2008, 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 City of San Bernardino (hereinafter referred to as "CITY"), acting by and through its respective governing body, the City Council, 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 CITY its respective grant allocation from the JAG Award within sixty(60) days upon receipt of funds, as reflected on Appendix 1 here attached and hereby incorporated by reference as part of this agreement; and CITY agrees to deposit its JAG award funds into a separate trust account in accordance with JAG guidelines; and additionally the CITY agrees that it is its 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 CITY agree as follows: Section 1. COUNTY agrees to release to CITY its respective grant allocation from the JAG Award within sixty (60) days upon receipt of funds as reflected in Appendix 1 here attached and hereby incorporated by reference as part of this Agreement. Section 2. CITY agrees to deposit its JAG award funds into a separate trust account in accordance with the JAG guidelines; and additionally, CITY agrees that it is its 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. CITY agrees 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. Page 1 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 CITY 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. 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. CITY OF SAN BERNARDINO, CA CO Y.{)F:S!A `-•04A (ARDINO, CA Fred Wilson, City Manager ' Cti ;,s✓optj -•f Supervisors ATTEST: =(A A Rachel G. Clark, City Clerk - r*+Z APPROVED AS TO FORM: Clerk,(,)f of Supervisors L2. APP} t Ep AS TC J es F. Penman, City Attorney Co a by: Julie J. Surber,Deputy County Counsel *B law,the County Counsel's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise Y . h' 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 P PP this approval and should seek review and approval by their own respective attorneys. Page 2 APPENDIX 1 2008 BYRNE JUSTICE ASSISTANCE GRANT (JAG) AWARD DISTRIBUTION County of San Bernardino $ 37,370 City of San Bernardino $ 84,139 Total 2008 JAG Award $121.509 Page 3 INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO, CA CONCERNING DISTRIBUTION OF THE 2008 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this day of 12008, 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 City of San Bernardino (hereinafter referred to as "CITY"), acting by and through its respective governing body, the City Council, 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 CITY its respective grant allocation from the JAG Award within sixty(60) days upon receipt of funds, as reflected on Appendix 1 here attached and hereby incorporated by reference as part of this agreement; and CITY agrees to deposit its JAG award funds into a separate trust account in accordance with JAG guidelines; and additionally the CITY agrees that it is its 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 CITY agree as follows: Section 1. COUNTY agrees to release to CITY its respective grant allocation from the JAG Award within sixty (60) days upon receipt of funds as reflected in Appendix 1 here attached and hereby incorporated by reference as part of this Agreement. Section 2. CITY agrees to deposit its JAG award funds into a separate trust account in accordance with the JAG guidelines; and additionally, CITY agrees that it is its 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. CITY agrees to provide COUNTY with sufficient timely information on request as necessary for i� p COUNTY to meet JAG requirements for quarterly and annual financial and performance reports. a Page 1 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 CITY other than what is authorized by law. Section 6. Each party to this Agreement will be responsible for its own actions in providing sery ices 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. 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. CITY OF SAN BERNARDINO, CA COUNTY OF SAN BERNARDINO, CA Fred Wilson, City Manager PAUL BIANE Chairman, County Board of Supervisors ATTEST: ATTEST: Rachel G. Clark, City Clerk APPROVED AS TO FORM: Clerk of the Board of Supervisors APPROVED AS TO FORM: James F. Penman, City Attorney *RUTH E. STRINGER County Counsel by: Julie J. Surber, Deputy County Counsel *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 Page 2 APPENDIX 1 2008 BYRNE JUSTICE ASSISTANCE GRANT (JAG) AWARD DISTRIBUTION County of San Bernardino $ 37,370 City of San Bernardino $ 84,139 Total 2008 JAG Award $121,509 Page 4