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HomeMy WebLinkAbout2014-170 1 RESOLUTION NO. 2014-170 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE RECEIPT, OBLIGATION,AND EXPENDITURE 3 OF THE ALLOCATED FY 2014/2015 JUSTICE ASSISTANCE GRANT (JAG) FUNDS 4 AND EXECUTION OF A JAG INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to 8 obligate and expend the allocated Justice Assistance Grant(JAG) monies in the amount of 9 $142,943 from the U.S. Department of Justice, Bureau of Justice Assistance, for equipment to purchases as outlined in the attached Expenditure Plan submitted by the Chief of Police, marked 11 Exhibit"A" and by this reference made a part hereof. 12 SECTION 2. The Mayor and Common Council of the City of San Bernardino hereby 13 authorize the Mayor to execute the JAG grant Interlocal Agreement between the City of San 14 Bernardino and County of San Bernardino and other local entities named therein in the form 15 16 attached hereto, marked Exhibit"B" and by this reference made a part hereof 17 SECTION 3. The Director of Administrative Services is hereby authorized to 18 incorporate the changes into the FY 2014-2015 budgets and issue a Purchase Order to Lehr Auto 19 Electric in the amount of$135,976 utilizing account number 123-210-0078-5181-0899. Pursuant 20 to San Bernardino Municipal Code 3.04.101(b)(3), the Mayor and Common Council approve a 21 selected source justification for this purchase. The appropriation and expenditure of$142,943 in 22 additional grant fund revenues in account number 123-210-0899 is hereby authorized. 23 SECTION 4. The authorization granted hereunder shall expire and be void and of no 24 further effect if the Memorandum of Understanding is not executed by both parties and returned 25 to the Office of the City Clerk within sixty (60) days following the effective date of the Resolution. 1 2014-170 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE OBLIGATION AND EXPENDITURE OF THE 2 ALLOCATED FY 2013/14 JUSTICE ASSISTANCE GRANT (JAG) FUNDS AND EXECUTION OF A JAG INTERLOCAL AGREEMENT BETWEEN THE CITY OF 3 SAN BERNARDINO AND COUNTY OF SAN BERNARDINO. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 6 Common Council of the City of San Bernardino at a joint regular meeting thereof, 7 held on the 16th day of June , 2014, by the following vote, to wit: 8 COUNCILMEMBERS: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ x 10 BARRIOS x VALDIVIA x 11 SHORETT x 12 NICKEL X 13 JOHNSON x 14 MULVIHILL x 15 Allii-L.m.ta..16 i/ 16 George4 Hanna, !ity Clerk 17 The foregoing Resolution is hereby approved this dh •f June , 2014. 18 r2 , 4 Air' . Carey Day.., Mayor 19 City of San :ernardino Approved as to form: 20 Gary D. Saenz, City Attorney 21 22 BY' I - . 23 L 24 25 2 2014-170 EXHIBIT "A" 0 0 0 0 0 0 © 0 00 C r•-;r 0 v w rn c c 0. Q• M N M NN — O H 00 00 69 69 c4 O O U-1 0■ o H CT 00 609 00 H C.) g H Z 0 o 00 7 O zz U MI L7 Pe z Q z — O on va v U c.,. O o N 00 > ■ - :1 H a U a U H 0 0 0 7 0 0 0 w v 06 N- o a n N 00— w 00 00 69 w , > H 69 —1 w z z 0 x w on a UU E7 ct °J U U z L T w O] N = a) E U o U_ y O � x 0-v a° '> H co v) L U °° a' � ri 5 cn 2014-170 EXHIBIT "B" 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, YUCAIPA, AND THE COUNTY OF SAN BERNARDINO, CA CONCERNING DISTRIBUTION OF THE 2014 JUSTICE ASSISTANCE GRANT AWARD This Agreement is made and entered into this 3rd day of June, 2014, 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-2014 Justice Assistance Grant Page 1 2014-170 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-2014 Justice Assistance Grant Page 2 2014-170 CITY OF - •N BERN INO, CA Mayor ATTEST: City Clerk / f APPROVED AS TO FORM: Cit • ► ney / / / I / / • I I / I / / I / / / / / / / / / / / MOU-2014 Justice Assistance Grant Page 16