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HomeMy WebLinkAbout2015-121 1 RESOLUTION NO. 2015-121 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE RECEIPT AND OBLIGATION OF THE 3 ALLOCATED FY 2015/2016 JUSTICE ASSISTANCE GRANT (JAG) FUNDS AND 4 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 the allocated Justice Assistance Grant (JAG) monies in the amount of$136,504 from the 9 U.S. Department of Justice, Bureau of Justice Assistance, for vehicle and equipment purchases 10 as outlined in the attached Expenditure Plan submitted by the Chief of Police, marked Exhibit 11 "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 15 Bernardino and County of San Bernardino and other local entities named therein in the form 16 attached hereto, marked Exhibit "B" and by this reference made a part thereof. 17 SECTION 4. The authorization granted hereunder shall expire and be void and of no 18 further effect if the Memorandum of Understanding is not executed by both parties and returned 19 to the Office of the City Clerk within ninety (90) days following the effective date of the 20 Resolution. 21 22 23 24 25 1 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE RECEIPT AND OBLIGATION OF THE 2 ALLOCATED FY 2015/2016 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 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 joint regular meeting thereof, held on the 15 7 day of June, 2015, 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 16 Georgeann Vanna, Ci 'Clerk 17 The foregoing Resolution is hereby approved this l c�' of June, 2015. 1 18 k?: R. Carey Davy,, Mayor 19 City of San ernardino 20 Approved as to form: 21 Gary D. Saenz, City Attorney 22 By. 23 24 25 2 2015-121 V N N < _ 1 10 0 Z o d Ln m W n ° ° z o v C L O y 3 < m x z O an fp Ln N O 3 3 O N M m O z z m r D m r p c n Q1 In V lD A { A O m O O A O z O -n O co 0 0 D D z Ll m G) m A C z D r Z vm O n O z Ln z C n O z n O z D n O m z An- 0 D r W F+ A (71 cn Ln J W A Ln LD A O A O O 0 0 O 0 O EXHIBIT "A" 2015-121 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, AND THE COUNTY OF SAN BERNARDINO, CA CONCERNING DISTRIBUTION OF THE 2015 JUSTICE ASSISTANCE GRANT AWARD This Agreement is made and entered into this 23d day of June, 2015, 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-2015 Justice Assistance Grant Page 1 2015-121 EXHIBIT"B" 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-2015 Justice Assistance Grant Page 2 20l5-l2l EXHIBIT"B" WHEREFORE, all parties freely and voluntarily agree to all of the above terms. TOWN (}F APPLE VALLEY, CA COUNTY OF SAN BERNARO|NO. CA dtyyWanager James Ramos Chair, County Board ofSupervisors ATTEST: ATTEST: City Clerk APPROVED ASTOFORM., Clerk of the Board mSupervisors City Attorney APPROVED ASTOFORM: *Jean-Rene Bas|e County Counsel °Bvlaw, the {}ounb/ Counsel's {J��cennayonly advise Vr approve conb � documents behalf^ of its clients. |t may not advise or approve a contract or legal document on behalf ofother parties.Miaa Our view of this document was conducted solely from the legal perspective of our clients. Our c .m| of�hi� do�Wn1�n�vv�mo�ore� so|�|yfor�h� b�n�fi�ofouroiignta Other pa�ieeshould not rely approval � on this approval and should seek review and approval by their own respective attorneys. wnu'oo10 Justice Assistance Grant Page 2015-121 EXHIBIT"B" WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF ADELANTO, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 1 / / 1 / / MOU-2015 Justice Assistance Grant Page 4 2015-121 EXHIBIT"B" CITY OF BARSTOW, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney / / / MOU-2015 Justice Assistance Grant Page 5 2015-121 EXHIBIT"B" CITY OF CHINO, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney I / / / / / / / / / MOU-2015 Justice Assistance Grant Page 6 2015-121 EXHIBIT"B" CITY OF COLTON, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney / / / / J / / J / MOU-2015 Justice Assistance Grant Page 7 2015-121 EXHIBIT"B" CITY OF FONTANA, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney / MOU-2015 Justice Assistance Grant Page 8 2015--121 _ - - EXHIBIT"B" CITY OF HESPERIA, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney / / / / / / / MOU-2015 Justice Assistance Grant Page 9 2015-121 EXHIBIT"B" CITY OF HIGHLAND, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney / / / / / / / MOU-2015 Justice Assistance Grant Page 10 2015-121 EXHIBIT"B" CITY OF MONTCLAIR, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney / MOU-2015 Justice Assistance Grant Page 11 2015-121 EXHIBIT"B" CITY OF ONTARIO, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney / / / / / MOU-2015 Justice Assistance Grant Page 12 2015-121 EXHIBIT"B" CITY OF RANCHO CUCAMONGA, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney / / / / / / / / / / / / / / / / / / / / / / MOU-2015 Justice Assistance Grant Page 13 2015-121 EXHIBIT"B" CITY OF REDLANDS, CA Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attomey / / MOU-2016 Justice Assistance Grant Page 14 2015-121 EXHIBIT"B" CITY OF RIALTO, CA City Administrator ATTEST: City Clerk APPROVED AS TO FORM: City Attorney / r / / / / / / / / / / / / / / / / / / / / / / / / / / / / MOU-2015 Justice Assistance Grant Page 16 2015-121 EXHIBIT"B" CITY OF SAN BERNARDINO, CA Mayor ATTEST: City Clerk APPROVED AS TO FORM: ney / I / / / / / / MOU-2015 Justice Assistance Grant Page 16 2015-121 EXHIBIT"B" CITY OF UPLAND, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney / / i MOU-2015 Justice Assistance Grant Page 17 2015-121 EXHIBIT"B" CITY OF VICTORVILLE, CA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney / 1 / / / / / MOU-2015 Justice Assistance Grant Page 18 2015-121 EXHIBIT"B" 2015 Justice Assistance Grant APPENDIX I Formula-based 5%Admin Award Jurisdiction Allocation Fee Amount San Bernardino County $ 75,121 366 _15 3,755 71 $ Adelanto $ 13822 6911 $ 13,131 hApgl!e��Valle $ _13_,871 $ (6949) 13,177_ Barstow $ 15,300 --(765) $ 14,5351 Chino $ 19,612 $ 18,631 Colton 13,280�, $ J664) $ 12,616 .......... ......... 2, Fontana $ 56, $ 827 $__ 53,717 $ 25, ly t*sper�a 6,757 $ (1,3 9 7,8113 $ (891) $ 16,922 Hi land $ (708) Fi Montclair 13.459 Ontario $ 36,464 $ (1,823 $ 34,641 Rancho CucamonVa $ 23,283 $ 1,164 _ 22,119 Redlands $ 15,596 $ 780 $ 14816 Rialto :::35,060 $ tl.75311--$ 3131,_3017 1� 88 $ 136,504 1 jSan Bernardino $ 143,688 $ (7,_1084) $ — Upfand $ 12,171 $ 16091 11,562 Victorville $ 49,596 $ 47,116 ——---------- $ 582 A,R i��,ioz Ls=5= Total 53o38 MOU -2015 Justice Assistance Grant Page '9 2015-121 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, AND THE COUNTY OF SAN BERNARDINO, CA CONCERNING DISTRIBUTION OF THE 2015 JUSTICE ASSISTANCE GRANT AWARD This Agreement is made and entered into this 231d day of June, 2015, 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-2015 Justice Assistance Grant Page 1 2015-121 EXHIBIT"B" 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-2015 Justice Assistance Grant Page 2 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. TO OF AP7L�EY, CA COUNTY SA BERNARDINO, CA ty Manage'----' James Ra s Chair, County Board of Supervisors ATTEST: ATTEST: City Clerk APPROVED AS TO FORM: Clerk of the Board of Supervisors City Attorney APPROVED AS TO FORM: *Jean-Rene Basle County Counsel ��j - b : 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. t..,e,>. SIGNED AN Ell ED' 3� THIS DOC NT t+AS BEEN Dl "cF TO THE C IRMA THE POMP, -�- I�►uRA w� Clerk 3f B rd�01$u of the n emarch MOU-2015 Justice Assistance Grant Page 3 WHEREFORE, all parties freely and voluntarily agree to all of the above terms. CITY OF ADEL.ANTO, CA � G•-t City anager ATTEST: City erk APPROVED AS T FORM: 1 City Attorn / f / f f f f / f / / / / / / f / f f / / I I / f f Page 4 MOU-2015 Justice Assistance Grant CITY OF BARSTOW, CA City Mar-age, ATTESTS City Cleric APPROVED AS TO FORM: i City Attorney f of�r f / SEPT.M 9947 f + f f f f ( f . f ( f ( f r f f f f ( ( f ( MOU-2015 Justice Assistance Grant Page 5 i CITY OF CHINO,CA 7 Z� •-� Cy/n� q�t' � f City cla , y APPROVED AS TO'Z!". R \ S� "eY a7/ f 1 t / / i / 1 1 1 / t 1 i r / 1 Mou-2015 Jusdoe A Gram Paps 8 CITY=0 ) City Manager ATTES City r APPROVE ORM: City Attorney r i i i i i i i i i r Page 7 MOU-2015 Justice Assistance Grant CITY OF FONTANA,CA Manager AITEST: City Clerk APPROVED AS TO FO : L! City Attomey / Page a MQU-20M5 Jt dC9 Assistance Grant CITY OF HESPERIA, CA City Manager A City Clerk APP77`� M: City Attorney / 1 / / J J / / J I / / / / I I ' I / I MOU-2015 Justlm Assistance Grant Page 9 CITY=HIG ND, CA Ci Hager ATTEST: City clerk APPR7 A �O city r r r r r r r r r r r r r r r r r r r r r r r r r r ' r r r r r r r r r MOU-2015 Justice Assistance Grant Page 10 CITY OF RANCHCO CUCAM , C City Mdnag r ATTEST: Ci ark APPROVED AS TO FORM: City AttoYney / / / / / t / / / / / / / t t / t ' / t t t t / t / / MOU-2015 Justice Assistance Grant Page 13 CITY OF REDLANDS, CA Mayor, Paul W. Faster ATTEST: City CWk, Aam Irwin APPROVED AS TO FORM: City Att=e > Dan McHugh 1 / / t 1 t t / / 1 � 1 1 I l t i / 1 Page 14 MOU-2015 Justice Assistance Grant i Cl RI T®, C� City Adminishator AT City Clerk ;APPRIZOMOD�lS1 O � qa J ttamey : J J ' / / / / Mat)-2015 Justice Assistance Grant Page 15 2015-121 EXHIBIT"B" CITY OF SA BERNA W , CA Mayor ATTEST: City Ci APPROVED AS TO FORM: C' tt ey / / MOU-2015 Justice Assistance Grant Page 16 2015-121 EXHIBIT"B" 2015 Justice Assistance Grant APPENDIX I Formula-based 51/6 Admin Award Jurisdiction Allocation Fee, Amount 1 755 $ $ 75,121 $ 31 71,366 San Bernardino Coun - Adelanto $ 13822 $ 691 $ 13,131 13,871 $ 694 $ 13,177 Barstow 15,300 $ - M51 14,535 ( Chino 19,512 $ '981 Colton 13 280 $ $ 12,616_ Fontana $ 56,544 $ X2,827 $ 53,717 Hes eria $ 26,757 1,338)) $ _25'A ........... $ 17,813 $ 89 1 ,922 1 ..$... .......16 ---I M 1411 7 $ 708 $ 13.459 Montclair tc[a i r $ , __...... ............ 36,464 $ :34,641 Ontario $ a $ 1,164 $ 22,119 Rancho Cucamonga $ 23.283 ­._.......... ­ -9 11 --1111, 11� Redlands $ 15,596 $ 780 $ 14,816 1 Riafta 35,060 $ 1,753 $ 33,307 1 1San Bernardino $ 143,688 $ 7,184 $ 136,504 , UvIand $ 121,171 $ 6 $ 11 562 Victorville $ 49,596 $ 2,480 Total I 11 $ 58211 5 $ (29,107 $ 553,038 Page 19 M OU -2015 justice Assistance Grant