HomeMy WebLinkAboutAgreement A-22-302.pdf Agreement No. 22-302
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF FRESNO and THE COUNTY OF FRESNO
FY 2021 National Sexual Assault Kit Initiative Grant Program
This Agreement, which incorporates United State Department of Justice, Bureau of Justice
Assistance project number 15PBJA-21-GG-0431-SAKI including Certifications and Assurances,
is made and entered into this 12th day of July , 2022, by and between the County of
Fresno, acting by and through its governing body, County Board of Supervisors ("COUNTY"), and
the City of Fresno, acting by and through its governing body, the City Council ("CITY"), witnesseth:
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 is dictated by the 2021 National Sexual Assault Kit Initiative Grant
Program (hereinafter referred to as the "Program") award documents, and compensates the
performing party for the services or functions under this Agreement; and
WHEREAS, the Program is intended to enhance the collaborative effort between the
Fresno Police Department and the Fresno County District Attorney's Office in the collection of
lawfully owed DNA. The Fresno County District Attorney's Office will provide criminal case
information and statutory information upon request of the Fresno Police Department to execute
the initiative;
WHEREAS, the CITY, and COUNTY agree to comply with all requirements of the
Program, and in accordance with all applicable statutes, regulations, OMB circulars, and
guidelines.
WHEREAS, the CITY and COUNTY believe that implementation of the Program as
described herein will further the above goal, and to this end agree to coordinate reference herein.
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 2021 National Sexual Assault Kit Initiative Grant Program. The CITY and COUNTY
have agreed neither party will seek costs associated with administering Program funds.
Contingent upon funding being available, CITY agrees to allocate funding to the COUNTY in the
amount of $25,560 during years two and three of the performance period of the grant, not to
exceed $51,120 in grant funds allocated to the COUNTY throughout the two-year term of this
Agreement. The COUNTY allocation of grant funds is further shown in Exhibit A.
Section 2.
CITY and COUNTY agree to use funds for the investigation and prosecution of Sexual
Assault Cold Cases until expiration of the Program term, whereupon any unused funds shall be
remitted to the U.S. Department Of Justice ("DOX), Office of Justice Programs ("OJP"), Bureau
of Justice Assistance ("BJA"), consistent with Program requirements.
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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.
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 4.
The term of this Agreement shall begin on October 1, 2022, and shall end on September
30, 2024.
Section 5.
The CITY and COUNTY agree to comply with all requirements of the FY 2021 National
Sexual Assault Kit Initiative 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. COUNTY agrees to provide the CITY, as Fiscal
Agent, with all required financial reporting within 30 days after the end of each quarter and
quarterly programmatic reporting information no later than the 30 days following the end of each
quarter, 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
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.
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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
the close-out of the 2021 National Sexual Assault Kit Initiative (SAKI) grant program.
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 County Board of Supervisors.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Fresno
County, California as of the day and year first hereinabove written.
CITY nM" COUNTY OF FRESNO
By.
Geor,Veane White, City Manager By:
City sno Brian Pacheco, Chairman of the Board
of Supervisors of the County of Fresno
ATTEST:
By. - BERNICE E. SEIDEL,
Paco Balderrama, Chief of Police Clerk of the Board of Supervisors County of
Fres Police Department Fresno, State of California
ATTEST: By:
TODD STERMER, CMC Deputy
City Clerk -elll,
By: � S/ 1-3 r�'r��LLca ,1f
y /
Deputy
Account No.: 4375
APPROVED AS TO FORM: Fund No.: 0001
AhDR6W Si�1J'Z Org No.: 2860
i o Subclass: 10000
By: (
'grNW�m rz ate
Deputy City Attorney
Address:
City of Fresno
Attn: Chief Paco Balderrama
Fresno Police Department
2323 Mariposa Street
Fresno, CA 93721
"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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Exhibit A
Fresno County District Attorney's Office
Federal $- Federal $- Federal $Year 1 Year 2 Year 3 Total
.10 FTE Deputy District Attorney Salary& 0 25,560 25,560 51,120
Fringe
0 25,560 25,560 51,120
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