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HomeMy WebLinkAbout20-Police Department o c o 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 expenditure of the allocated FY 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) funds and , execution of a JAG Interlocal Agreement between the City of San Bernardino and County of San Bernardino; and authorization for the Chief of Police or his designee to apply for the COPS Hiring Recovery Program (CHRP) to fund the restoration of up to 22 sworn police officer positions. MlCC Date: April 6, 2009 Dept: Police Department Date: March 17, 2009 Synopsis of Previous Council Action: 3/31/2009 Grants Ad Hoc Committee recommended that the RFCA be forwarded to the full Council. Resolution #2008.266 approved. Resolution #2007.196 approved. Resolution #2006.39 approved. Resolution #2005-69 approved, Resolution #2004-381 approved. Resolution #2003-309 approved, Resolution #2002-354 approved. 7/9/2008 06/18/2007 02/08/2006 03/21/2005 11/06/2004 11/20/2003 11/06/2002 Recommended Motion: 1. Adopt Resolution. 2. Authorization for the Chief of Police or his designee to apply for the COPS Hiring Recovery Program (CHRP) to fund the restoration Of~;~ions. MICHAEL A. BILLDT, CHIEF OF POLICE Contact person: Capt, Theodis Henson Supporting data attached: Yes Phone: 384-5606 Ward: AII FUNDING REQUIREMENTS: Amount: Grant revenue of $1 ,005,287 - Justice Assistance Grant; and up to $6.7 million from the CHRP Grant. Finance Council Notes: Agenda Item No, 20 4.fI.o&f o c c OTY OF SAN BERNARDINO - REQUEST FOR COUNOL ACTION STAFF REPORT SUBJECf Resolution of the Gty of San Bernardino authorizing the obligation and expenditure of the allocated ' FY 2009 Recovery Act Edward B}TIlf Memorial Justice Assistance Grant (fAG) funds and execution of a JAG lnterlocal Agreement betWeen the Gty of San Bernardino and Gmnty of San Bernardino; and authorization for the Qtief of Police or his designee to apply for the CDPS Hiring Recovery Program (CRRP) to fund the restoration of up to 22 sworn police officer positions. BACKGROUND The American Recovery and Reinvestment Act (ARRA) of 2009 has provided the Police Department with the opportunity to restore all 22 sworn police officer positions left unfunded due, ,,' to two budget balancing actions. ' CDPS RehiriIlg Grant The CDPS Hiring Recovery Program (CRRP) is a competitive grant that provides fil'1rli'1g directly to law enforcement agencies to create and preserve jobs and increase their community policing capacity and crime-prevention efforts, Up ,to $1 billion in grant funding is available for the hiring and rehiring of additional police officers. CRRP grants will provide 100 percent funding for approved entry-level salaries and benefits for 3-~ars (36 months) for: . newly-?ifed, full-time sworn officer positions, including filling existing unfunded vacanCieS, or . rehiring officers who have been laid off, or are scheduled to be laid off on a future date, as the result of local budget cuts. The CDPS Office has waived the 25% cash match, however grant funding will be based on current entry-level salaries and benefit packages that are in place. Any additional costs for higher salaries or benefits for individual officers hired will be the responsibility of the Gty. At the conclusion of the grant, the Gtywill be required to retain all 22 grant-funded sworn positions for one ~ar. I reconunend that we apply for 22 CRRP police officer positions. The application deadline is April 14, 2009, and the application is still being developed, If awarded, the grant will restore most funrling for the following positions left unfunded by two budget balancing actions approved by the Mayor and Common Council. . On September 15, 2008, 3 sergeant and 3 detective positions were left unfunded. . On February 19, 2009, 2 sergeant, 3 detective and 11 police officer positions were left unfunded and were vacated via attrition. My staff has confirmed with the CDPS Office that all 22 positions would qualify for grant funrli'1g at entry-level salary and benefits. Attaclunent "A" details personnel costs of the 22 positions, encompassing the 3-~ar grant and l-~ar retention period, broken down into grant-funded and local contribution amounts. o o o Justice Assist2ncI' Grant /JAG) In addition to the CHRP program, ARRA provides $2 billion in stimulus funding for the Edward ByriIe Memorial Justice Assistance Grant (JAG) Formula Program. These "one-time" funds are "passed through" the states to local government based on a statutory JAG formula, enhanced by each state's share of national population and Part I violent crime statistics, Our one-time allocation is $1,005,287, which must be expended by September 30, 2012. There is no grant match. This amount is in addition to the FY 2008/09 JAG allocation of $84,139.00. 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 is authorized to charge each recipient city a 5% administrative fee. 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 Cerk must sign and submit the Agreement to the County Law and Justice Group along with our ratified Expenditure Plan no later than April 20, 2009. JAG applications are due to BJA by May 18,2009. I reconunend we use the one-time JAG funds to partially offset local contribution associated with the aiRP grant over the 3'year grant life with any residual funding (if we receive a reduced number of grant positions) applied to enhance patrol overtime. Although there in no cash match for the aiRP grant, we will be responsible for the incremental difference in salary and benefits between sergeant or detective positions restored and police officer positions awarded byaiRP. Using JAG funding will offset the need for General Fund contributions until FY 2011/12, when they are estimated to total $230,020. These costs are detailed in Attachment" A". My staff has confirmed with the Bureau of Justice Assistance that funding for additional police positions is allowable, and encouraged, and that our intended use to cover the shortfall between sergeant or detective and entry' level police officer positions would not be supplanting. The Police Depanment will submit a OOPS Rehiring Grant application by the April 14, 2009, deadline requesting federal funding to restore (22) sworn police positions left vacant and unfunded due to budget reduction actions taken in FY 2008/09. FINANQAL IMPACT There will be a third year impact of $230,020 to the City's General Fund budget during FY 2011/12. More significantly noted, at conclusion of the aiRP grant, the General Fund cost in FY 2012/13 to retain all 22 grant positions for a full 12 months is projected to total $3,466,585. REOOMMENDATION Adopt Resolution, and authorize the Police Ollef or his designee to apply to the OOPS Hiring Recovery Program (aiRP) to fund the restoration of up to 22 sworn police officer positions. ; ; 911 I 10 ' I 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2. RESOLUTION NO. RESOLUTION OF THE OTY OF SAN BERNARDINO AUTHORIZING THE OBLIGATION AND EXPENDITURE OF THE ALLOCATED FY 2009/10 RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT 41. GAG) FUNDS AND EXEaITION OF A JAG INTERLOCAL AGREEMENT BETWEEN THE OTY OF SAN BERNARDINO AND COUNTY OF SAN 5 BERNARDINO; AND AUTHORIZATION FOR THE CInEF OF POLICE OR InS DESIGNEE TO APPLY FOR THE COPS InRING RECOVERY PROGRAM (OIRP) TO FUND THE RESTORATION OF UP TO 22 SWORN POLICE OFFICER POSITIONS. 3 6 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNOL OF THE OTY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Gty Manager or his designee is hereby authorized to obligate and expend the allocated Justice Assistance Grant monies in the amount of $1,005,287 from the u.s. Department of Justice, Bureau of Justice Assistance, for law enforcement support expenditures as outlined in the attached Expenditure Plan, marked Exhibit" A", submitted by the Chief of Police. SECTION 2. The Mayor and Common Council of the Gty of San Bernardino hereby authorize the Gty Manager, Gty Attorney and Gty Oerk to execute the JAG grant Interlocal Agreement between the Gty of San Bernardino and County of San Bernardino in the form attached hereto, marked "Exhibit B" and by the reference made in part hereof. SECTION 3. Authorization to execute the Interlocal Agreement is rescinded if both parties fail to sign the Agreement within 120 days. IIII 11/1 11/1 IIII 11/1 IIII if -b-o, ::I:t ,9 0 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ! RESOLUTION OF THE aTY OF SAN BERNARDINO AUTHORIZING THE 2 I OBLIGATION AND EXPENDITURE OF THE ALLOCATED FY 2009/10 REooVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT 3 I GAG) FUNDS AND EXEaJrION OF A JAG INTERLOCAL AGREEMENT BETWEEN THE aTY OF SAN BERNARDINO AND ooUNTY OF SAN 4 i BERNARDINO; AND AUTHORIZATION FOR THE OflEF OF POLICE OR illS 5: DESIGNEE TO APPLY FOR THE OOPS IllRlNG REooVERY PROGRAM (OIRP) TO FUND THE RESTORATION OF UP TO 22 SWORN POLICE OFFICER 6 POSITIONS. 7 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 9 Common Council of the Gty of San Bernardino at a meeting thereof, held on 10 the _ day of 11 ,2009, by the following vote, to wit: Council Members: Abstain Absent Ayes Nays ESTRADA BAXIER BRINKER SHORETT KELLEY JOHNSON McCAMMACX Rachel G. Oark, Gty Qerk The foregoing Resolution is hereby approved this _ day of ,2009. PatrickJ. Morris, Mayor Gty of San Bernardino 2 Exhibit A San Bernardino Police Department FY 2009 Justice Assistance Grant Expenditure Plan Nanative Overtime The one-time JAG funds to partially offset local contribution associated with the CHRP grant over the 3-year grant life with any residual funding (if we receive a reduced number of grant positions) applied to enhance patrol overtime. Exhibit B INTERLOCAL AGREEMENT BETWEEN THE TOWN OF APPLE VALLEY AND THE CITIES OF ADELANTO, BARSTOW, BIG BEAR LAKE, CHINO, CHINO HILLS, COLTON, FONTANA, GRAND TERRACE, HESPERIA, HIGHLAND, LOMA LINDA, MONTCLAIR, NEEDLES, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIAL TO, SAN BERNARDINO, TWENTYNINE PALMS, UPLAND, VICTORVILLE, YUCAIPA, YUCCA VALLEY, AND THE COUNTY OF SAN BERNARDINO, CA CONCERNING DISTRIBUTION OF THE 2009 AMERICAN RECOVERY AND REINVESTMENT ACT AWARD This Agreement is made and entered into this day of , 2009, 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 perfonning governmental functions or in paying for the perfonnance of governmental functions hereunder, shall make that perfonnance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the perfonnance 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 perfonning 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 pennissible 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, Pagel Intertocal Agreement re: 2009 AmerIcan Reoovery and Relnves1ment Ad. Exhibit B 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 pennissible 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 additionaliy, 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 infonnation .on request as necessary for COUNTY to meet JAG requirements for quarterly and annual financial and perfonnance reports. Section 4. Nothing in the perfonnance 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 perfonnance 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 fumishing of the services by any other party. Page 2 lnter10cal Agreement re: 2009 American Recovery and Relnvesbnent Ad. Exhibit B 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. TOWN OF APPLE VALLEY, CA COUNTY OF SAN BERNARDINO, CA City Manager GARY C. OVITT Chairman, County Board of Supervisors ATTEST: ATTEST: City Clerk APPROVED AS TO FORM: Clerk of the Board of Supervisors City Attorney APPROVED AS TO FORM: *RUTH E. STRINGER County Counsel by: Steven J. Singley, 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 pen;pective 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 attomeys. Page 3 Inter10cal Agreement re: 2009 American RecoVlllY and Reinvestment Act Exhlblf B WHEREFORE, all parties freely and voluntarily agree to all of the above tenns. CITY OF ADELANTO, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF BARSTOW, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF BIG BEAR LAKE, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Page 4 Inter10cal Agreement reo 2009 American Recovery and Reinvestment Ad Exhibit B WHEREFORE, all parties freely and voluntarily agree to all of the above tenns. CITY OF CHINO, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF CHINO HILLS, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Page 5 InterIocal Agreement reo 2009 American Recovery and Relnveslment Ad Exhibit B WHEREFORE, all parties freely and voluntarily agree to all of the above tenns. 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 GRAND TERRACE, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Page 6 Interlocal Agreement re: 2009 American RecoV8f}' and Reinvestment Ad Exhibit B WHEREFORE, all parties freely and voluntarily agree to all of the above terms. . CITY OF HESPERIA, CA City Manager ATTEST: City Cieri< APPROVED AS TO FORM: City Attorney CITY OF HIGHLAND, CA City Manager ATTEST: City Cieri< APPROVED AS TO FORM: City Attorney CITY OF LOMA LINDA, CA City Manager ATTEST: City Cieri< Page 7 Intertocal Agreement 1'8: 2009 American Reoovery and Reinvestment Act Exhibit B APPROVED AS TO FORM: City Attorney WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF MONTCLAIR, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF NEEDLES, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Page 8 Inlertocal Agreement reo 2009 American Recovery and Reinvestment Ad Exhibit B CITY OF ONTARIO, CA City Manager AlTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF RANCHO CUCAMONGA, CA City Manager A lTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF REDLANDS, CA City Manager A lTEST: City Clerk Page 9 Interlocal Agreement re: 2009 American Recovery and Reinvestment Ad Exhibit B APPROVED AS TO FORM: City Attorney CITY OF RIAL TO, 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 CITY OF TWENTYNINE PALMS, CA City Manager ATTEST: . City Clerk Page 10 In_cal Agreement 18: 2009 AmerIcan Recovery and Relnvastmant Ad Exhibit B 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 CITY OF YUCAIPA, CA City Manager ATTEST: City Clerk Page 11 Interlocal Agr&8lll!l1l reo 2009 American Recovery and Relnves1ml!l1l />d Exhibit. B APPROVED AS TO FORM: City Attorney CITY OF YUCCA VALLEY, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Page 12 Intertocal Agreement reo 2009 American Recovery and Reinvestment Ad. Exhibit B AMERICAN RECOVERY AND REINVESTMENT ACT APPENDIX 1 -- -, "1 1-- - -- -.- - , Pass 1hru Jurisdiction Name JPG 5%Adtnin Fee Amount Adelanto $ 61,492 $ 3,075 $ 58,417 Apple Valley Town $ 121,874 $ 6,094 $ 115,780 Barstow City $ 145,330 $ 7,267 $ 138,064 Big Bear Lake $ 22,505 $ 1,125 $ 21,380 Chino City $ 106,184 $ 5,309 $ 100,875 Chino Hills $ 47,704 $ 2,385 $ 45,319 Colton City $ 135,662 $ 6,783 $ 128,879 Fontana City $ 395,100 $ 19,755 $ 375,345 Grand Terrace $ 10,143 $ 507 $ 9,636 Hesperia $ 124,568 $ 6,228 $ 118,340 Highland City $ 120,289 $ 6,014 $ 114,275 Loma Linda $ 13,313 $ 666 $ 12,647 M>ntdalr City $ 112,841 $ 5,642 $ 107,199 Needles $ 21,237 $ 1,062 $ 20.175 Ontario City $ 432,820 $ 21,641 $ 411,179 Rancho Cucamonga City $ 175,917 $ 8,796 $ 167,121 Radlands City $ 157,216 $ 7,861 $ 149,355 R1alto City $ 358,015 $ 17,901 $ 340,114 San Bernardino City $ 1 ,058,197 $ 52,910 $ 1,005,287 San Bernardino County $ 541,857 $ 27,093 $ 514,764 Twent)nine Palms $ 45,009 $ 2,250 $ 42,759 Upland City $ 133,602 $ 6,680 $ 126,922 V1ctoNille City $ 262,291 $ 13,115 $ 249,176 Yucaipa $ 34,074 $ 1,704 $ 32,370 Yucca Valley $ 39,779 $ 1,989 $ 37,790 $ 4,677,019 $ 233,851 $ 4,443,168 Page 13 InteOocal Agreement re: 2009 Amerlcen Recovery and Relnves1men! 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Ql ::I ... ~ .. n ::r ~. ::l - ~ INTERLOCAL AGREEMENT BETWEEN THE TOWN OF APPLE VALLEY AND THE CITIES OF ADELANTO, BARSTOW, BIG BEAR LAKE, CHINO, CHINO HILLS, COLTON, FONTANA, GRAND TERRACE, HESPERIA, HIGHLAND, LOMA LINDA, MONTCLAIR, NEEDLES, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIAL TO, SAN BERNARDINO, TWENTYNINE PALMS, UPLAND, VICTORVILLE, YUCAIPA, YUCCA VALLEY, AND THE COUNTY OF SAN BERNARDINO, CA CONCERNING DISTRIBUTION OF THE 2009 AMERICAN RECOVERY AND REINVESTMENT ACT AWARD This Agreement is made and entered into this day of , 2009, by and between THE COUNTY OF SAN BERNARDINO, acting by and through its goveming 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 goveming bodies, the Town Council and City Councils, all of whom are situated within the County of San Bernardino County, State of Califomia, 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 goveming 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, Page 1 Interlacal Agreement re: 2009 American Recovery and Reinvesbnent Act 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. 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. Page 2 Inte~ocal Agreement re: 2009 American Recovery and Reinvestment Act 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. . TOWN OF APPLE VALLEY, CA COUNTY OF SAN BERNARDINO, CA City Manager GARY C. OVITT Chairman, County Board of Supervisors ATTEST: ATTEST: City Clerk APPROVED AS TO FORM: Clerk of the Board of Supervisors City Attomey APPROVED AS TO FORM: *RUTH E. STRINGER County Counsel by: Steven J. Singley, 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. Page 3 Interlocal Agreement re: 2009 American Recovery and Reinvestment Act WHEREFORE, all parties freely and voluntarily agree to all of the above tenns. CITY OF ADELANTO, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF BARSTOW, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF BIG BEAR LAKE, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Page 4 Inter10cal Agreement re: 2009 American Recovery and Reinvestment Act WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF CHINO, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF CHINO HillS, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Page 5 Interlacal Agreement reo 2009 American Recovery and Reinvestment Act 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 GRAND TERRACE, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Page 6 Interlocal Agreement re: 2009 American Recovery and Reinvestment Act WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF HESPERIA, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF HIGHLAND, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF LOMA LINDA, CA City Manager ATTEST: City Clerk Page 7 lnterlocal Agreement re: 2009 American Recovery and Reinvestment Act APPROVED AS TO FORM: City Attorney WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF MONTCLAIR, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF NEEDLES, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Page 8 Inlerlocal Agreemenl re: 2009 American Recovery and Reinvestment Act CITY OF ONTARIO, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF RANCHO CUCAMONGA, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF REDLANDS, CA City Manager ATTEST: City Clerk Page 9 Interlocal Agreement re: 2009 American Recovery and ReinvesbTlent Act APPROVED AS TO FORM: City Attorney CITY OF RIAL TO, 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 OF TWENTYNINE PALMS, CA City Manager ATTEST: City Clerk Page 10 Inter10cal Agreement re: 2009 American Recovery and Reinvestment Act 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 CITY OF YUCAIPA, CA City Manager ATTEST: City Clerk Page 11 lnterlocal Agreement re: 2009 American Recovery and Reinvesbnent Act APPROVED AS TO FORM: City Attorney CITY OF YUCCA VALLEY, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Page 12 Interlacal Agreement re: 2009 American Recovery and Reinvestment Act AMERICAN RECOVERY AND REINVESTMENT ACT APPENDIX 1 Pass Thru Jurisdiction Name JPG 5%Admin Fee Amount Adelanto $ 61,492 $ 3,075 $ 58,417 Apple Valley Town $ 121,874 $ 6,094 $ 115,780 Barstow City $ 145,330 $ 7,267 $ 138,064 Big Bear Lake $ 22,505 $ 1,125 $ 21,380 Chino City $ 106,184 $ 5,309 $ 100,875 Chino Hills $ 47,704 $ 2,385 $ 45,319 Colton City $ 135,662 $ 6,783 $ 128,879 Fontana City $ 395,100 $ 19,755 $ 375,345 Grand Terrace $ 10,143 $ 507 $ 9,636 Hesperia $ 124,568 $ 6,228 $ 118,340 Highland City $ 120,289 $ 6,014 $ 114,275 Lorna Linda $ 13,313 $ 666 $ 12,647 Mmtclair City $ 112,841 $ 5,642 $ 107,199 Needles $ 21,237 $ 1,062 $ 20,175 Ontario City $ 432,820 $ 21,641 $ 411,179 Rancho Cucamonga City $ 175,917 $ 8,796 $ 167,121 Redlands City $ 157,216 $ 7,861 $ 149,355 Rialto City $ 358,015 $ 17,901 $ 340,114 San Bernardino City $ 1,058,197 $ 52,910 $ 1,005,287 San Bernardino County $ 541,857 $ 27,093 $ 514,764 Twentynine Palms $ 45,009 $ 2,250 $ 42,759 Upland City $ 133,602 $ 6,680 $ 126,922 Victorville City $ 262,291 $ 13,115 $ 249,176 Yucaipa $ 34,074 $ 1,704 $ 32,370 Yucca Valley $ 39,779 $ 1,989 $ 37,790 $ 4,677,019 $ 233,851 $ 4,443,168 L- I .- .--1_____._.._-' Page 13 Inter10cal Agreement re: 2009 American Recovery and Reinvestment Act ~ - c: ,Gl E .c: " ~ .. e nI .. 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