HomeMy WebLinkAboutFresno County - Board of Supervisors Agreement No. 19-162
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INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FRESNO and COUNTY OF FRESNO
(ALL OF FRESNO COUNTY, STATE OF CALIFORNIA)
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
FY 2018 LOCAL SOLICITATION
This Agreement, which incorporates Grant Management System Award Number 2018-
DJ-BX-0837 including Certifications and Assurances, is made and entered into this 9th day
of April , 2019, by and between the County of Fresno, acting by and through its
governing body, the County Board of Supervisors (hereinafter referred to as "COUNTY"), and
the City of Fresno, acting by and through its governing body, the City Council (hereinafter
referred to as "CITY"), all of Fresno County, State of California, witnesseth:
WHEREAS, this Agreement is made under the authority of Section 930 through 930.6 of
the Government Code; and
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 only from current Edward Byrne Memorial Justice Assistance Grant Program ("JAG')
revenues annually appropriated and 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/allocation of funds fairly divides JAG funding and compensates the performing party for
the services or functions under this Agreement; and
WHEREAS, the County of Fresno is a disparate jurisdiction. Allocation amounts for
disparate jurisdictions appearing on the 2018 JAG allocation list are suggested amounts based
on what each jurisdiction would have been eligible to receive if there was no identified disparity.
Disparate jurisdictions are responsible for determining individual allocations and documenting
individual allocations in a Memorandum Of Understanding. The suggested allocation amounts
were as follows: the CITY an amount of $210,804, and the COUNTY an amount of $71,622; and
WHEREAS,jurisdictions certified as disparate must identify a fiscal agent that will submit
a joint application for the total eligible allocation and who will be responsible for oversight of
subawardee spending and monitoring of specific outcomes and benefits attributable to use of
funds, and up to 10 percent of the JAG award funds may be used for costs associated with
administering JAG funds; and
WHEREAS, the CITY and COUNTY believe it to be in their best interests to allocate the
JAG funds as suggested on the 2018 JAG allocation noted above.
NOW THEREFORE, in consideration of the above recitals which are contractual in
nature, and of the mutual promises contained herein, the COUNTY and CITY agree as
follows:
Section 1.
The CITY and COUNTY have agreed that the CITY will act as Fiscal Agent for purposes
of the FY 2018 JAG. The CITY and COUNTY have agreed neither party will seek costs
associated with administering JAG funds. Contingent upon funding being available, CITY
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agrees to allocate funding to the COUNTY in the amount of $71,622 from the FY 2018 JAG
funds.
Section 2.
COUNTY and CITY agree to use funds for the JAG until expiration of the FY 2018 JAG
term, whereupon any unused funds shall be remitted to the U.S. Department Of Justice ("DOJ"),
Office of Justice Programs ("OJP"), Bureau of Justice Assistance ("BJA"), consistent with
Program requirements.
Section 3.
Nothing in the performance of this Agreement shall impose any liability for claims against
CITY other than claims for which liability may be imposed by the California Tort Claims Act.
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.
Section 5.
The CITY and COUNTY agree to comply with all requirements of the Edward Byrne
Memorial Justice Assistance Grant Program (42 U.S.C. 3751(a)), and in accordance with all
applicable statutes, regulations, Office of Management and Budget ("OMB") Circulars, and
guidelines, including the OJP Financial Guide. The COUNTY agrees to provide the CITY, as
Fiscal Agent, with all required financial reporting within 30 days after the end of each quarter
and semi-annual programmatic reporting information no later than the 30 days following the end
of each six-month period, in a format approved by the CITY.
Section 6.
The parties are acting in an independent capacity. Each of the parties agrees that it,
including any and all of its officers, agents, and/or employees, shall have absolutely no right to
employment rights and benefits available to the other party's employees. Each party shall be
solely liable and responsible for providing to, or on behalf of, its own officers, agents, and/or
employees all legally and contractually required employee benefits. In addition, each party shall
be solely responsible and save the other party harmless from all matters relating to payment of
each party's employees, including, but not limited to, compliance with applicable social security
withholding and all other regulations governing such matters. Further and without limitation,
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.
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.
Section 9.
Any and all notices between the parties provided for or permitted under this Agreement
or by law shall be in writing and shall be deemed duly served when personally delivered to each
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party, or in lieu of such personal service, when deposited in the United States Mail, postage
prepaid, addressed to each party at the address provided on the signature page of this
Agreement.
Section 10.
Each party shall at any time during business hours, and as often as each party may
reasonably deem necessary, make available to each other for examination all of its records and
data with respect to the matters covered by this Agreement for a period of three years following
JAG expiration.
Section 11.
The provisions of this Agreement are severable. The invalidity, or unenforceability of
any one provision in this Agreement shall not affect the other provisions.
Section 12.
The parties acknowledge that this Agreement in its final form is the result of the
combined efforts of the parties and that, should any provision of this Agreement be found to be
ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in
favor of or against any party, but rather by construing the terms in accordance with their
generally accepted meaning.
Section 13.
This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof and supersedes all previous agreements, negotiations, proposals,
commitments, writing, advertisements, publications, and understandings of any nature
whatsoever unless expressly included in this Agreement.
Section 14.
Each party represents that it and the person signing on its behalf has full authority to
execute and enter into this Agreement. This Agreement is subject to ratification by the approval
of the Fresno City Council, and the Fresno County Board of Supervisors.
Section 15.
At the time that this MOU is executed, the DOJ explicitly represented that it was not
enforcing Award Conditions 41, 42, 43, 45, 46, and 47 in relation to California jurisdictions.
COUNTY did not, and would not, enter into this MOU but for the DOJ's representations.
COUNTY executes this MOU under such representations by the DOJ and specifically reserves
the right to withdraw from this MOU, any terms or agreements related to this MOU, and any
agreement made pursuant to or related to this MOU, upon a decision or statement of intention
by the DOJ to enforce any one, some, or all, of Award Conditions 41, 42, 43, 45, 46, and 47.
Section 16.
COUNTY will perform its obligations under this MOU as required, and to the fullest extent
allowable under the laws of State of California and United States. COUNTY specifically reserves
the right to withdraw from this MOU, any terms or agreements related to this MOU, and any
agreement made pursuant to or related to this MOU, upon any happening, interpretation or
discovery that any obligation, requirement, or other compelling force, requires COUNTY to violate
California Law.
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N WITNESS WHEREOF, the parties hereto have executed this Agreement in Fresno
County, Californi s of the day and year first hereinabove written.
CITY OF R O COUNTY OF FRESNO
By: By:
n-Sche t anager Nathan Magsig, Chairman of t aard of
City of Fresno Supervisors of the County of Fresno
ATTEST:
BERNICE E. SEIDEL, Clerk of the
By: Board of Supervisors County of Fresno,
Chi of Police State of California
F!Ver
olice Department 4.�'� OF FR��
By +`teams =
ATTEST: n .
YVONNE SPENCE
CityW
By.
4-'Deputy
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By: 4Ak)
an Date
DepW City Attorney
Jfl�M Aa�"TT-�
Address:
City of Fresno Address:
Attn: Chief Jerry Dyer County of Fresno
Fresno Police Department Attn: Margaret Mims, Sheriff
2323 Mariposa Street Fresno County Sheriff's Office
Fresno, CA 93721 2200 Fresno Street
Fresno, CA 93717
*By law, the Fresno City Attorney's Office may only advise or approve the form of contracts or legal documents on
behalf of its clients. It may not advise or approve the form of contracts or legal document on behalf of other parties.
Our view of this document was conducted solely from the legal perspective of our client. Our approval as to the form
of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and
should seek review and approval by their own respective attorney(s).
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