MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF VISALIA, CA AND COUNTY OF TULARE, CA 2022 EDWARD BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 3RD day of August 2022 by and between the County of Tulare, hereinafter referred to as County and the City of Visalia, hereinafter referred to as City, both of Tulare County, State of California with reference to the following:
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 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 County was allocated by the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (BJA) for Fiscal Year 2022 Edward Byrne Justice Assistance Grant (JAG) in the amount of $26,839: and WHEREAS, the City was allocated by the U.S Department of Justice, Office of Justice Programs, Bureau of Justice Assistance (BJA) for FY 2022 Edward Byrne Justice Assistance Grant in the amount of $40,668: and WHEREAS, the allocation for City and County is considered a “Disparate Award Amount” by BJA because both the County and City qualify for a direct award, but the award amount for the City is 150% or more than the County award: and WHEREAS, a joint grant application for the aggregate allocation of $67,507 is required due to the disparate allocation of federal funds: and WHEREAS, the City and City believe it to be in their respective interests to enter into this Agreement and reallocate the County’s JAG funds to the City for use toward a joint purchase program with the City titled VPD JAG 2022 Joint Purchase Program: and WHEREAS, the City will comply with all 61 award conditions, and sign the Certification and Assurances by the Chief Executive of the Applicant Government as required by the fiscal agent/applicant but signature by Tulare County is not required: and WHEREAS, the City and the County must abide by state/local policies and procedures regarding governing body review and public comment opportunity: and WHEREAS, the City and County agree to assign the City as the fiscal agent that will submit a joint application and follow the guidelines of the JAG 2022 Grant: and NOW THEREFORE, the COUNTY and CITY agree as follows:
Section 1. City will submit a joint grant application on behalf of both the County and City for the aggregate allocation of $67,507.
Section 2. The grant application by the City will state that the funds shall be used for the purchase of replacement bomb suit equipment, which is used by a regional bomb squad that includes both City and County, and for the purchase of crime lab equipment, specifically a Crime-Lite Camera for use in responding to various types of crime scenes to process and collect evidence. The City shall also be solely responsible for administering the grant, maintaining all required documentation, and submitting all required reporting on the grant award.
Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against County other than claims for which liability may be imposed under the Tort Claims Act found in the California Government Code.
Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against City other than claims for which liability may be imposed under the Tort Claims Act found in the California Government Code.
Section 5. 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 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.
Section 7. 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.
CITY OF VISALIA COUNTY OF TULARE
City Manager, Leslie Caviglia Chair, Edwardo Valero Chief of Police, Jason Salazar Sheriff, Mike Boudreaux APPROVED AS TO FORM:
City Attorney
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