INTERLOCAL AGREEMENT

AGREEMENT BETWEEN CITIES AND THE COUNTY OF SANTA CLARA

2006 JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD

This Agreement is made and entered into this February 9, 2006, by and between The COUNTY of SANTA CLARA, acting by and through its governing body, the Board of Supervisors, hereinafter referred to as COUNTY, and the CITIES of GILROY, MILIPITAS, MOUNTAIN VIEW, SAN JOSE, SANTA CLARA, and SUNNYVALE, each acting by and through their respective governing body, the City Council, hereinafter referred to as CITIES, all of Santa Clara County, State of California, witnesseth:

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;

WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both 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 CITIES and COUNTY believe it to be in their best interests to reallocate the JAG funds.

NOW THEREFORE, the COUNTY and CITIES agree as follows:

Section 1.

CITIES and COUNTY agree to apportion the total JAG award, in the amount of  $396,632, in the following amounts:

City of Gilroy                                         $17,821

City of Milpitas                                      $12,159

City of Mountain View                             $20,284

City of San Jose                                    $259,780

City of Santa Clara                                $16,808

County of Santa Clara                            $19,310

City of Sunnyvale                                  $10,807

Administrative Costs to Fiscal Agent         $39,663

Section 2.

The parties agree that the County shall act as Fiscal Agent for all parties and shall be entitled to receive $39,663 for services provided as Fiscal Agent.

Section 3.

The parties agree to develop individualized spending plans as to each party’s respective grant allocation.   JAG funds must be used to supplement existing funds for program activities and cannot replace, or supplant, nonfederal funds that have been appropriated for the same purpose.

Section 4.

Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the California Tort Claims Act. (Cal. Gov. Code, § 900 et seq.)

Section 5.

Nothing in the performance of this Agreement shall impose any liability for claims against CITIES other than claims for which liability may be imposed by the California Tort Claims Act. (Cal. Gov. Code, § 900 et seq.)

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 the other party.  In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the COUNTY and CITIES agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement.  No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this Agreement.

                                   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 express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.

COUNTY OF SANTA CLARA

Peter Kutras, Jr, County Executive

APPROVED AS TO FORM:

Susan Swain, Deputy County Counsel

CITIES:

City Manager,

City Manager

CITY OF MOUNTAIN VIEW,

City Manager

CITY OF SAN JOSE,

City Manager

CITY OF SANTA CLARA,

City Manager

 CITY OF SUNNYVALE,

City Manager