HomeMy WebLinkAboutAgreement A-21-073 with City of Fresno.pdf1
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU), which incorporates United States
Department of Justice, Bureau of Justice Assistance project number 2020-AK-BX-0002
including Certifications and Assurances, is made and entered into this day of
, 2021, by and between the County of Fresno, a political subdivision of the State
of California 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”).
RECITALS
WHEREAS, CITY has submitted to the U.S. Department of Justice (DOJ), Office
of Justice Programs (OJP),Bureau of Justice Assistance (BJA), National Sexual Assault
Kit Initiative (SAKI) FY20 Grant (the Program) a grant application for $2,186,109, funded
by the Bureau of Justice Assistance (BJA);
WHEREAS, the Program is focused on enhancing the Sexual Assault Cold Case
unit, with emphasis on providing maximum available assistance for victims of sexual
assault identified in cold cases, and CITY’s application proposes to increase the Fresno
Police Department’s (FPD) ability to respond to these populations;
WHEREAS, upon award of grant funds and entry into a grant agreement with DOJ
(Grant) consistent with the Program, CITY intends to work in partnership with COUNTY’s
James Rowland Victim Witness Center (CVAC) for the purpose of providing additional
assistance for victims of sexual assault within the County of Fresno, including addressing
violence against victims, using a combination of investigation, immediate response,
immediate victim advocacy, and training for law enforcement officers; and
WHEREAS, the CITY and COUNTY believe implementation of the Program as
described herein will further the above goals, and agree to coordinate and provide the
services referenced herein.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are
contractual in nature, the mutual covenants herein contained, and such other and further
consideration as is hereby acknowledged, and subject to the terms and conditions and
provisions of the Program and this MOU, the parties mutually agree as follows:
1.PARTICIPATING AGENCIES AND DESIGNATED CONTACT PERSONS
Fresno Police Department County of Fresno Probation Dept.
Family Justice Bureau James Rowland CVAC
Sergeant Chief Probation Officer
2323 Mariposa Mall 3333 E. American Ave, Bldg. 701
Fresno, CA 93721 Fresno, CA 93725
Agreement No. 21-073
9th
March
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2.ROLES AND RESPONSIBILITIES
A.FPD:
FPD, subject to all applicable federal, state, and local laws, shall:
i.Act as the lead agency in coordinating the activities of the
National Sexual Assault Kit Initiative Program to target cold case sexual
assault victims.
ii.Identify victims to be served by this grant.
iii.Detectives shall provide specialized investigation into cold
case sexual assault cases to enhance the probability of successful
prosecution.
iv.Provide training on police procedures and telephones to the
CVAC Advocates described below.
v. Attend monthly meetings to assess progress and find
solutions to problems.
B. CVAC:
CVAC shall:
i.Recruit, hire, train, and supervise designated SAKI Program
Advocate(s) (Advocate) (equivalent to one, full-time Advocate), as set forth
in further detail in Section 2(C) below. These Advocates will be assigned to
FPD, and concentrate on cold case sexual assault investigations.
a.An Advocate may be required to respond on
investigations with officers Monday-Friday, 8:00am – 5:00pm, and
shall coordinate with the SAU Sergeant for case follow-up.
b. 100% of the salary for one Advocate is an eligible cost
incurred by CVAC for compensation from Grant monies available to
CVAC in Section 3, below.
ii.Provide training to Advocate(s) on advocacy procedures.
iii.Attend monthly meetings with FPD staff to assess progress
and find solutions to problems.
iv.Cooperate with FPD in preparation with all reporting
requirements. Maintain records of the victims and the services each victim
is provided related to the cold case investigation.
C.Requirements of Advocates
i.CVAC shall recruit, hire, train and supervise Advocate(s).
Advocate(s) shall serve as outreach aide for victims, as identified by FPD,
and provide crisis intervention, advocacy, resource and referral assistance
(as identified by the needs determined by the victim), and follow-up
services.
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ii.CVAC shall provide referred clients with access to all
appropriate CVAC services including support groups, counseling, twenty-
four-hour crisis hotline, safety planning, and information, and coordinated
referrals for shelter, legal advocacy, and legal options classes.
iii.Advocate(s) must meet the applicable requirements of a
sexual assault counselor, as defined by Evidence Code section 1035.2.
Advocates must have training/experience in assisting victims with
accessing coordinated, legal services to obtain a restraining order.
iv.Advocate(s) funded hereunder must meet Program Entry-
Level Advocates Standards, and must complete an additional forty hours of
specific sexual assault training.
v.Advocate(s) must comply with all regulations pertaining to
Federal Drug/Alcohol testing.
3.REIMBURSEMENT FOR PROGRAM ACTIVITIES
For the aforementioned services, CITY agrees to reimburse COUNTY solely from
allocated and available Program Grant funds for eligible costs incurred by
COUNTY, in an amount not to exceed $280,500, throughout the three-year
performance period of the grant, in accordance with the Program budget submitted
by CITY for the 2020 Program performance period funding of this MOU (attached
hereto as Exhibit A and incorporated herein by reference).
Any future applications and award of funds for 2020 Program funding cycle shall
be by written amendment to this MOU, and signed by both parties.
Payment to COUNTY shall be contingent on CITY’s receipt of reports and
substantiation materials such as proof of payment of invoices for services or
equipment procured and payroll register and/or paystub showing amounts paid to
or on behalf of Advocate(s) being funded under the grant.
4.EFFECTIVENESS AND DURATION
The effectiveness of this MOU is contingent upon CITY receiving the Grant award.
COUNTY shall be committed to the Grant Program for the entire funding cycle
commencing retroactively on October 1, 2020, and ending September 30, 2023.
COUNTY acknowledges and agrees that continued funding is dependent upon
satisfactory performance and availability of funds.
5.TARGET POPULATION
Services provided under this Program shall be directed to sexual assault victims
who are residents of the City of Fresno.
6.RESOURCES TO BE CONTRIBUTED BY EACH PARTY
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FPD
•Three cold case sexual assault investigators;
•A Police Sergeant to provide on-site supervision of the cold case sexual
assault unit; and
•Office space, cell phone, vehicles for detectives, office supplies;
CVAC
•One full-time Advocate;
•CVAC to provide shelter (contingent upon the availability of agency
resources) and/or coordinated referrals to local shelter providers and other
assistance to victims;
•Supervision and training by the Operations Director and/or Advocacy
Manager; and
•Access for victims, as identified by FPD, to needed CVAC services within
existing policies and procedures.
7.RECORDKEEPING AND PERFORMANCE DATA
COUNTY shall keep records and submit to the CITY each quarter the following
data:
Number of Victims – Documentation of the number of victims served, calls for
service, including number of cases reported, counseled, provided shelter and other
assistance, and any other information required by CITY for statistical reporting
purposes for the SAKI Program. Any additional information requested by CITY
shall be requested in writing, with a reasonable period of time for COUNTY to
gather the requested information and respond.
8.FINANCIAL REPORTING, AUDITING AND DOCUMENT RETENTION
COUNTY shall submit a monthly, or at a minimum, quarterly, bill to FPD for the
eligible expenses incurred in providing the services of the Advocate(s). Billing
documentation shall include the following:
(i)A breakdown of expenditures by cost category;
(ii)Maintain copies of all purchase orders and requisitions; and
(iii)Proof of payment for eligible expenditures.
COUNTY agrees to provide substantiation and support for services, fees, costs,
and expenses upon the reasonable request of CITY for a period of not less than
three years after final closeout of the grant by CITY. Records of COUNTY’s
expenses pertaining to COUNTY’s services shall be kept on a generally-
recognized accounting basis, and shall be available to the CITY or its authorized
representatives upon request during regular business hours throughout the life of
the MOU, and for a period of three years after final closeout. In addition, all books,
documents, papers, and records of COUNTY pertaining to its respective services
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in regard to this MOU shall be available for the purpose of making audits,
examinations, excerpts, and transcriptions for the same period of time.
9.TERMINATION
The term of the MOU is for three years, commencing October 1, 2020, and ending
September 30, 2023.
Program Funding Cycle Program Year and Grant Period
2020 October 1, 2020 – September 30, 2021
2021 October 1, 2021 – September 30, 2022
2022 October 1, 2022 – September 30, 2023
Notwithstanding the foregoing, this MOU may be suspended or terminated by CITY
upon thirty days prior written notice to COUNTY of any of the following events: (i)
Program termination, (ii) any non-appropriation or non-allocation of Program
funding required in pursuit hereof, (iii) COUNTY’s illegal or improper use of funds,
(iv)COUNTY’s substantial failure to comply with any term of this MOU,
(v)COUNTY’s submittal of any substantially incorrect or incomplete itemized
invoice required for reimbursement, and failure of COUNTY to correct any such
invoice, (vi) COUNTY’s failure to comply with Federal Drug/Alcohol regulations, or
(vii) COUNTY’s failure to comply with any applicable provisions of the Grant.
Nothing in this MOU shall commit the taxing authority or general fund of the CITY.
COUNTY may terminate this MOU upon thirty days prior written notice to the CITY
in the event of either of the following: (i) non-appropriation by COUNTY of
sufficient funds to perform its obligations under this MOU, (ii) substantial failure of
CITY to comply with any term of this MOU, CITY’s illegal or improper use of funds,
(iii) CITY’s failure to comply with any applicable provisions of the Grant.
In no event shall any payment by CITY constitute a waiver by CITY of any breach
of this MOU or any default which may then exist on the part of COUNTY. Neither
shall such payment impair or prejudice any remedy available to the CITY with
respect to the breach or default. The CITY shall have the right to demand of
COUNTY the repayment to the CITY of any funds disbursed to COUNTY under
this MOU, which were not expended in accordance with the terms of this MOU.
COUNTY shall promptly refund any such funds upon demand.
10.COMPLIANCE WITH GOVERNING LAW AND GRANT
The parties shall at all times comply with all applicable laws of the United States,
the State of California, and with all applicable regulations promulgated by federal,
state, regional, or local administrative and regulatory agencies, now in force and
as they may be enacted, issued, or amended during the term of this MOU.
COUNTY acknowledges receipt of a copy of the Grant, and agrees to comply with
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all applicable provisions thereof and cooperate with CITY in meeting the
requirements thereunder.
The services provided by COUNTY under this MOU are over and above
COUNTY’s budgeted positions. The parties agree that Grant funds shall not be
used to replace funds of, or positions otherwise funded by COUNTY.
As applicable, costs and expenditures must be allowable in accordance with the
DOJ Grants Financial Guide (the “Guide”). The “Guide” serves as the primary
reference manual to assist OJP, OVW, and COPS Office award recipients in
fulfilling their fiduciary responsibility to safeguard grant funds and ensure funds are
used for the purposes for which they were awarded. Recipients and Subrecipients
are also required to adhere to all applicable uniform (grant) administrative
requirements, cost principles and audit requirements set forth in 2.C.F.R. Part 200
and 2.C.F.R. Part 2800.
11.CAPACITY OF CITY AND COUNTY
Nothing in this MOU, and nothing in the course of dealings between COUNTY and
the CITY, shall be deemed to create any fiduciary relationship, trust, partnership,
joint venture, agency or employment relationship.
12.INSURANCE AND INDEMNITY
A.INSURANCE
Required Insurance: Without limiting the indemnification of each party as
stated herein, it is understood and agreed that COUNTY and CITY shall
each maintain, at their sole expense, insurance policies or self-insurance
programs including, but not limited to, an insurance pooling arrangement
and/or Joint Powers Agreement to fund their respective liabilities including
general liability, automotive liability, workers’ compensation, employers
liability, professional liability, social services liability (if required) and cyber
liability. Evidence of Insurance, e.g., Certificates of Insurance or other
similar documentation, shall be provided at the request of either part under
this MOU. Each party shall provide a Waiver of Subrogation under the
Worker’s Compensation policy in favor of the other party.
In the event of concurrent negligence on the part of COUNTY or any of its
officers, agents or employees, and CITY or any of its officers, agents, or
employees, the liability for any and all such claims, demands, and actions
in law or equity for such losses, fines, penalties, forfeitures, costs, and
damages shall be apportioned under the State of California’s theory of
comparative negligence as presently established or as may be modified
hereafter.
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B.INDEMNIFICATION.
CITY agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend
the COUNTY, its officers, agents, and employees from any and all costs and
expenses, damages, liabilities, claims, and losses occurring or resulting to
COUNTY in connection with the performance, or failure to perform, by CITY, its
officers, agents, or employees under this MOU, and from any and all costs and
expenses, damages, liabilities, claims, and losses occurring or resulting to any
person, firm, or corporation who may be injured or damaged by the
performance, or failure to perform, of CITY, its officers, agents, or employees
under this MOU;; provided nothing herein shall constitute a waiver by CITY of
governmental immunities including Government Code section 810 et seq.
COUNTY agrees to indemnify, save, hold harmless, and at CITY’S request, defend
the CITY, its officers, agents, and employees from any and all costs and expenses,
damages, liabilities, claims, and losses occurring or resulting to CITY in connection
with the performance, or failure to perform, by COUNTY, its officers, agents, or
employees under this MOU, and from any and all costs and expenses, damages,
liabilities, claims, and losses occurring or resulting to any person, firm, or
corporation who may be injured or damaged by the performance, or failure to
perform, of COUNTY, its officers, agents, or employees under this MOU
; provided nothing herein shall constitute a waiver by COUNTY of governmental
immunities, including Government Code section 810 et seq.
If COUNTY should subcontract all or any portion of the services to be
performed under this MOU, COUNTY shall require each subcontractor to
indemnify, hold harmless and defend City, and each of its officers, officials,
employees, agents and volunteers in accordance with the terms of the preceding
paragraphs
This section 12(B) shall survive termination or expiration of this MOU.
13.RESERVED
14.PRECEDENCE OF DOCUMENTS
In the event of any conflict between the body of this MOU and any exhibit hereto,
the terms and conditions of the body of this MOU shall control and take precedence
over terms and conditions expressed within the exhibit. Furthermore, any terms or
conditions contained within any exhibit hereto which purport to modify the
allocation of risk between the parties, provided for within the body of this MOU,
shall be null and void.
15.NOTICES
The persons and their addresses having authority to give and receive notices
under this MOU include the following:
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COUNTY OF FRESNO CITY OF FRESNO
James Rowland CVAC Family Justice Bureau
Chief Probation Officer Sergeant
3333 E. American Ave. Suite B 2323 Mariposa Mall
Fresno, CA, 93725 Fresno, CA 93721
All notices between the COUNTY and CITY provided for or permitted under this
MOU must be in writing and delivered either by personal service, by first-class
United States mail, by an overnight commercial courier service, or by telephonic
facsimile transmission. A notice delivered by personal service is effective upon
service to the recipient. A notice delivered by first-class United States mail is
effective three COUNTY business days after deposit in the United States mail,
postage prepaid, addressed to the recipient. A notice delivered by an overnight
commercial courier service is effective one COUNTY business day after deposit
with the overnight commercial courier service, delivery fees prepaid, with delivery
instructions given for next day delivery, addressed to the recipient. A notice
delivered by telephonic facsimile is effective when transmission to the recipient is
completed (but, if such transmission is completed outside of COUNTY business
hours, then such delivery shall be deemed to be effective at the next beginning of
a COUNTY business day), provided that the sender maintains a machine record
of the completed transmission. For all claims arising out of or related to this MOU,
nothing in this section establishes, waives, or modifies any claims presentation
requirements or procedures provided by law, including but not limited to the
Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning
with section 810).
16.BINDING
Once this MOU is signed by the parties, it shall be binding upon, and shall inure to
the benefit of, the parties, and each party’s respective heirs, successors, assigns,
transferees, agents, servants, employees and representatives.
17.ASSIGNMENT
There shall be no assignment by either party of its rights or obligations under this
MOU without the prior written approval of the other party. Any attempted
assignment by a party, its successors or assigns shall be null and void unless
approved in writing by the other party.
18.WAIVER
The waiver by either party of a breach by the other of any provision of this MOU
shall not constitute a continuing waiver or a waiver of any subsequent breach of
either the same or a different provision of this MOU.
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No provisions of this MOU may be waived unless in writing and approved by and
signed by all parties to this MOU. Waiver of any one provision herein shall not be
deemed to be a waiver of any provision herein.
19.GOVERNING LAW AND VENUE
This MOU shall be governed by, and construed and enforced in accordance with,
the laws of the State of California. Venue for purposes of the filing of any action
regarding the enforcement or interpretation of this MOU and any rights and duties
hereunder shall be Fresno County, California.
20.HEADINGS
The section headings in this MOU are for convenience and reference only and
shall not be construed or held in any way to explain, modify or add to the
interpretation or meaning of the provisions of this MOU.
21.SEVERABILITY
The provisions of this MOU are severable. The invalidity or unenforceability of any
one provision in the MOU shall not affect the other provisions.
22.INTERPRETATION
The parties acknowledge that this MOU in its final form is the result of the combined
efforts of the parties and that, should any provision of this MOU be found to be
ambiguous in any way, such ambiguity shall not be resolved by construing this
MOU in favor or against any party, but rather by construing the terms in accordance
with their generally accepted meaning.
23.ENTIRE MOU
The parties mutually understand and agree that the foregoing constitutes the
entire MOU between the parties. Any modifications or amendments to this MOU
must be in writing signed by an authorized agent of each party.
[SIGNATURE PAGE TO FOLLOW]
THIS MOU/AGREEMENT 'S SUBJECT TO RATIFICATION BY COUNCILACTION UPON AWARD OF GRANT FUNDS,lN WITNESS THEREOF, the parties have executed this MOU at Fresno,California on the day and year first above written.CITY OF FRESNO, CALIFORNIA,COUNTY OF FRESNO, CALIFORNIAa municipalBYBalderrama, Chief of Policeraau, Chairman of theof Fresno Police DepartmentBoard of Supervisors of the Countyof FresnoBYAPPROVED AS TO FORM:DOUGLAS T. SLOANCity Attorney- r)BY:-?== lfu,f'tKret¡ Costa, Esq. DäteDeputy City AttorneYATTEST: þrìutnc.r- ?,r+rrr'.l-,ct'\LWTnht'r' City ClerkBYu{ùt4TAXPAYER FEDERAL I.D. #94-6343690ATTEST:BERNICE E. SEIDELClerk of the Board of SupervisorsCounty of Fresno, State of CaliforniaBy:è{.-d- C^-./-Deputy tJAGENCY:County of Fresno Probation DepartmentAttention: Kirk HaynesChief Probation Officer3333 E American Ave, Bldg. 7018Fresno, CA.93725DeputyAddresses:ltl *c.a ¡zfcril,-Ì^'åt zt I ?,ottCITY:Fresno Police DepartmentAttention: Paco BalderramaChief of Police2323 Mariposa MallFresno, CA93721Attachment:Exhibit A - Cost BreakdownExhibit B - Performance Measures and TimelineExhibit C - Grant Agreement10
Fund: 0001
Subclass: 10000
ORG: 3432 1985
Account: 4895
National Sexual Assault Kit Initiative FY 2020
Fresno Police Department Sexual Assault Cold Case Unit (CCU)
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Budget Narrative
A.PERSONNEL:
Throughout the three performance period several key personnel will be phased-in and out of
the grant to ensure the goals and objectives of the project and grant requirements are met. Year
one of funding will be utilized to hire a full-time Sexual Assault Detective whose primary focus
will be to investigate current and active alcohol/drug facilitated sexual assaults, to hire a part-
time Crime Specialist/Criminalist to review the police reports and medical records of SAKs that
have been tested to determine if they are deemed “partially” or fully tested, and to hire a full-
time Property & Evidence Technician to assist in the inventorying of all SAKs currently stored
in our property warehouse, checking out and delivering any identified “partially tested” kits to a
department certified private lab for further testing, booking same back into evidence once the
testing is complete while ensuring the chain of custody is maintained; and if warranted picking
up SAKs from the SANE laboratory. We will also hire a full-time Victim Advocate who will be
part of the Fresno Police Department Sexual Assault Cold Case Unit (FPD CCU) and responsible
for providing direct services to the survivors of sexual assault.
In Year 2, a second full-time Cold Case Sexual Assault Detective will join the personnel
funded in Year 1 of the grant. His focus will be to conduct follow-up on the “partially tested”
SAK lab results on those cases that were identified and submitted by the above described Crime
Specialists/Criminalist; in addition to investigating “cold” cases in which CODIS CHOP hits
have been received. The part-time Crime Specialist/Criminalist will be funded for the first six
months to finalize any cases that require further review or determination on whether they fall in
the “partially tested” category. Those identified will go through the same process as the others
and forwarded to the private laboratory to ensure they are fully tested.
Exhibit A
National Sexual Assault Kit Initiative FY 2020
Fresno Police Department Sexual Assault Cold Case Unit (CCU)
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In Year 3, a third full-time Sexual Assault Detective will be hired to join the CCU and
work in partnership with full-time Alcohol/Drug Facilitated Detective, the full-time CCU Sexual
Assault Detective and Property and Evidence Technician. This Detective will assist in the
investigation of cold sexual assault cases that receive CODIS CHOP hits. It is anticipated
submitting the “partially tested” SAKs for further testing will result in a considerable amount of
lab results and CODIS hits. It is imperative we have protocols in place so we don’t end up with
a backlog of sexual assault cases.
The personnel for each of the identified positions for Year 1, Year 2 and Year 3 of the
grant have been selected with the exception of the Victim Advocate. Year 1’s full -time
Detective is Julie Skamel, full-time Property and Evidence Technician is Bradly Jennings, part-
time Crime Specialist/Criminalist is Delia Frausto-Morales. Year 2’s full-time Detective is Neal
Cooney and Year 3’s full-time Detective is Steven Taylor. The named personnel account for a
combined total of over 40 years of experience.
Cold Case Unit Investigator (CCU) (2) – Two FTE Sexual Assault Cold Case Investigators
will be hired in Year 2 and 3 of the grant. The duties will consist of conducting complex sexual
assault investigations from prior investigations that have resulted in suspect profiles and
reviewing cold case sexual assaults where further testing could be conducted with the approval
of the victim. The detectives will also assist in providing the needed information (police reports /
medical reports) to the Crime Specialist/Criminalist so that “partially tested” SAKs can be
identified. Once the additional testing is conducted, the detectives will conduct the necessary
follow up investigation and victim notification. If the victim requests the investigation move
forward, the detectives will work with the CCU to ensure the best victim based approach is
utilized.
National Sexual Assault Kit Initiative FY 2020
Fresno Police Department Sexual Assault Cold Case Unit (CCU)
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The additional CCU personnel will be assigned to the Family Justice Bureau (FJB) Sexual
Assault Unit (SAU). Being assigned to the SAU will allow the dedicated investigator access to
additional resources from investigators who routinely conduct operations on sexual assault cases.
Housing the CCU Investigators in the SAU allows both units to share information on their daily
investigations and ongoing cases involving sexual assault. The full-time dedicated CCU
investigators will meet regularly and coordinate cases with victim service providers as well as
the Fresno Sexual Assault Response Team (SART) and SAKI Multidisciplinary Team (MDT)
teams members to assist with their multidisciplinary approach centered on the victims of sexual
assaults.
Year 2: (1) FTE Fresno Police Department Investigator Salary: $94,676
Year 3: (2) FTE Fresno Police Department Investigator Salaries: ($96,570 X 2) =
$193,140
Total Salary cost for two Investigators for Year 2 and Year 3 is $ 287,816
Alcohol/Drug Facilitated Sexual Assault Investigator (SAU) (1) – One FTE Sexual Assault
Investigator will be hired for the three-year performance period of the grant. The duties will
consist of conducting complex sexual assault investigations of current and/or active
investigations that have resulted in suspect profiles and reviewing sexual assaults where further
SAK testing could be conducted with the approval of the victim. The detective will also assist in
providing the needed information (police reports / medical reports) to the Crime
Specialist/Criminalist so that partially tested SAKs can be identified. Once testing is conducted
(on either active or ‘cold’ cases), the detective will conduct the necessary follow up investigation
and victim notification. If the victim requests the investigation move forward, the detective will
work with the SAU and CCU to ensure the best victim based approach is utilized.
National Sexual Assault Kit Initiative FY 2020
Fresno Police Department Sexual Assault Cold Case Unit (CCU)
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This detective will be assigned to the Family Justice Bureau (FJB) Sexual Assault Unit
(SAU). Being assigned to the SAU will allow the dedicated investigator access to additional
resources from investigators who routinely conduct operations on sexual assault cases. The full-
time dedicated SAU alcohol/drug facilitated investigator will meet regularly and coordinate
cases with victim service providers as well as the Fresno Sexual Assault Response Team (SART)
and SAKI Multidisciplinary Team (MDT) teams to assist with their multidisciplinary approach
centered on the victims of sexual assaults.
(1) FTE Fresno Police Department Investigator Salary: Year 1 ($92,820), Year 2
($94,676), Year 3 ($96,570) = $ 284,066
Total Salary cost for one Investigator for 3 years is $ 284,066
Property and Evidence Technician (1) – One FTE Property and Evidence Technician will be
hired for the three year performance period of the grant. The duties will consist of working with
the SAU and CCU to ensure all items related to SAKs are handled the same in each case. The
Technician would handle only sexual assault evidence and would be responsible for getting the
cases to the lab for testing and then booked back in to the FPD booking system as well as picking
them up from the originating SANE locations. The freezer installation and the transferring of
evidence to the freezer ensuring proper evidence storage techniques would be overseen by the
Technician.
(1) FTE Property and Evidence Technician: Year 1 ($47,712), Year 2 ($49,968), and
Year 3 ($52,332)
Total Salary cost for 1 Property and Evidence Technician for 3 years is $ 150,012
Part-time Crime Specialist/Criminalist (1) – One .50 FTE Crime Specialist/Criminalist will be
hired for 1 year to 18 months (depending on task completion). The duties will consist of
National Sexual Assault Kit Initiative FY 2020
Fresno Police Department Sexual Assault Cold Case Unit (CCU)
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reviewing lab reports for all SAKs in FPDs inventory to ensure that testing was fulfilled and the
SAKs is not “partially tested.” The Crime Specialist/Criminalist will ensure that that SAK
inventory has been tested with the best technology available. If further items of evidence can be
tested in the SAK, the Crime Specialist/Criminalist will make the recommendation for such. This
position will help to insure that FPD has not missed any items of evidence in the SAK which
could be tested and provide a CODIS eligible DNA profile. The Crime Specialist/Criminalist
will start with the oldest cases and move to the more current case load to include the RADS
SAKs.
(1) .50 FTE Crime Specialist/Criminalist: Year 1: $35.59 per hour X 1,040 hours =
$37,014; Year 2: $35.59 per hour X 520 hours = $ 18,507
Total cost for Crime Specialist/Criminalist for Years 1 and 2 is $ 55,521
Overtime – Overtime will be used by the CCU Investigators assigned to the SAU and sworn
members of the department’s specialized units. The overtime will be used to conduct
enforcement operations, interview victims and suspects, serving of search warrants to collect
DNA control samples from suspects, and the execution of arrest warrants. During apprehension
and the service of warrants, the CCU will enlist the aid and help of FJB investigators, and the
department’s Special Response Teams (SRT) to assist, if needed. CCU detectives will also travel
out of town to accomplish operational goals of arresting suspects or gathering suspect DNA
evidence, and/or following up with victim/witnesses. Overtime will be used as part of travel
work days which extend beyond the normal working hours of detectives.
FPD Officer Overtime: $66.94 – 69.64 per hour X 438 hours/year 3 years = $ 30,000
Total for overtime for 3 years: $ 30,000
Personnel: $807,415
National Sexual Assault Kit Initiative FY 2020
Fresno Police Department Sexual Assault Cold Case Unit (CCU)
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B.FRINGE BENEFITS
All fringe benefits are based on the signed Memorandum of Understanding (MOU) agreements
between the applicable bargaining unit of each employee and costs directed by the City of Fresno
in response to Federal and State requirements. Benefits for each employee include Medicare at
1.45%, agency health insurance contribution, life and disability insurance for applicable
employees, pension obligations per the employees associated MOU, workers compensation costs
and the individual’s premium pay according to their MOU. Benefits for the Cold Case Unit
Investigators, under the position of Police Officer are calculated between 47.90% and 48.00% of
their salary, minus ineligible personnel costs. Overtime benefits are only calculated for the
1.45% in Medicare contributions, all other fringe benefits costs for the officers will be realized in
the City’s general fund. Benefits for the other civilian positions are calculated between 35.14%
and 36.62% of their salary, minus ineligible personnel costs.
(3) Cold Case Unit Investigators for 3 years = $ 274,433
1.45% Medicare benefits for overtime worked - $30,000 @ 1.45% = $ 435
(1) Property and Evidence Technician for 3 years = $ 53,928
Total Fringe Benefits for 3 years: $ 328,796
C.TRAVEL (and TRAINING)
As per the grant requirements, two members from the FPD SAU CCU will attend the mandatory
SAKI workshop per year of the grant, starting in 2021. The CCU personnel (detectives,
advocate, and site coordinator) will also attend two annual conferences per year during the grant
performance period, specifically related to sexual assault investigations. One of the conferences
is California P.O.S.T. certified for continuing education and sponsored by the California Sexual
Assault Investigators Association (CSAIA). The second is the Violent Crime Behavioral
National Sexual Assault Kit Initiative FY 2020
Fresno Police Department Sexual Assault Cold Case Unit (CCU)
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Analysis Seminar hosted by the Federal Bureau of Investigation (FBI) Los Angeles Field Office
and the University of California at Los Angeles (UCLA) Police Department (although the Victim
Advocate is not permitted at this law enforcement sensitive training). All expenses were
determined based on the location of the conferences and workshops. Lodging is based on GSA
fiscal year 2020 rates.
In addition to the above trainings, the FPD Sexual Assault CCU will conduct several in-
house and local trainings to provide information to Fresno SART and/or SAKI MDT teams
members on the latest trends, available victim services, and prosecution strategies of sexual
assault investigations.
Sexual Assault Kit Initiative Workshop/Conference – Two members will attend each of the
mandatory annual 2-day workshops during the grant performance period. The dates of the
workshop have yet to be determined; however, all costs are based on estimations for travel to
Washington, DC.
Round Trip Airfare $800 round trip X 2 people $1,600
Lodging for 3 nights $256 per night X 3 nights X 2 people $1,536
Per Diem for 4 days $76 X 4 days X 2 people $608
Baggage $50 round trip X 2 people $100
TOTAL $ 3,844
TOTAL 3 YEAR $ 11,532
California Sexual Assault Investigators Association Training Conference - Pismo Beach, CA
The CSAIA training conference is an annual conference and accounts for 24 out of the 26 needed
continuing education credits for California peace officers. The conference routinely covers key
aspects and trends of sexual assault investigations. This conference will allow the Cold Case
Unit Detectives, Alcohol/Drug Facilitated Detective, Victim Advocate, and Site Coordinator to
National Sexual Assault Kit Initiative FY 2020
Fresno Police Department Sexual Assault Cold Case Unit (CCU)
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network among other sexual assault investigators within the State. This will dramatically
increase the effectiveness of the FPD when it has to travel out of the jurisdiction to arrest
subjects, contact victims, or obtain suspect DNA samples. The number of attendees for each
year of the grant will vary; however, each year of the performance period of the grant, the Unit
will send a minimum of three people to this annual conference. The attendees will consist of the
Alcohol/Drug Facilitated Investigator, the Cold Case Unit Investigators (2) and the site
coordinator.
Lodging for 4 nights $124 per night X 4 nights X 3 people $1,488
Per Diem for 5 days $71 per day X 5 days X 3 people $1,065
Tuition $450 per person X 3 people $1,350
TOTAL $ 3,903
TOTAL Year 1 Cost $ 3,903
Lodging for 4 nights $124 per night X 4 nights X 4 people $1,984
Per Diem for 5 days $71 per day X 5 days X 4 people $1,420
Tuition $450 per person X 4 people $1,800
TOTAL $ 5,204
TOTAL Year 2 Cost $ 5,204
Lodging for 4 nights $124 per night X 4 nights X 5 people $2,480
Per Diem for 5 days $71 per day X 5 days X 5 people $1,775
Tuition $450 per person X 5 people $2,250
TOTAL $ 6,505
TOTAL Year 3 Cost $ 6,505
Violent Crime Behavioral Analysis Seminar – Los Angeles, CA
The Violent Crime Behavioral Analysis Seminar is an annual conference that focuses on
the behavioral examination of violent and repetitive crimes, including but not limited to,
threatening communications, sexual assault, crimes against children, and homicide. During
the Seminar, members of the FBI's Behavioral Analysis Units offer private case consultations.
National Sexual Assault Kit Initiative FY 2020
Fresno Police Department Sexual Assault Cold Case Unit (CCU)
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This conference will allow the Cold Case Unit Detectives, Alcohol/Drug Facilitated Detective,
and Site Coordinator to network among other sexual assault investigators within the State. The
number of attendees for each year of the grant will vary (dependent upon assigned members to
the CCU), to include the site coordinator.
Lodging for 5 nights $181 per night X 5 nights X 2 people $1,810
Per Diem for 5 days $66 per day X 5 days X 2 people $660
Tuition $275 per person X 2 people $550
TOTAL $3,020
TOTAL Year 1 Cost $3,020
Lodging for 5 nights $181 per night X 5 nights X 3 people $2,715
Per Diem for 5 days $66 per day X 5 days X 3 people $990
Tuition $275 per person X 3 people $825
TOTAL $4,530
TOTAL Year 2 Cost $4,530
Lodging for 5 nights $181 per night X 5 nights X 4 people $3,620
Per Diem for 5 days $66 per day X 5 days X 4 people $1,320
Tuition $275 per person X 4 people $1,100
TOTAL $6,040
TOTAL Year 3 Cost $6,040
Travel during normal investigations
The Fresno Police Department Sexual Assault Unit routinely travels outside of the
jurisdiction of Fresno to contact victims, arrest suspects, and conduct pre-text phone calls. The
CCU is anticipating travel to arrest suspects, obtain DNA samples for CODIS hits, and contact
victims/witnesses. Traveling outside of the city may require air travel, long trips with rental
vehicles, and or possibly overnight stays in hotels. A sampling of current cases within a year
period, the FPD CCU revealed investigators had traveled out of town approximately seven times
National Sexual Assault Kit Initiative FY 2020
Fresno Police Department Sexual Assault Cold Case Unit (CCU)
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in the last six months with one overnight stay. The Unit is budgeting similar expenses over the
next three years equating to a yearly cost of approximately $2,500 for a total three-year cost of
$ 7,500.
Total cost for Investigation Travel for 3 years: $ 7,500
Total Travel (and Training) for 3 years: $ 48,234
D.EQUIPMENT – Walk-in Freezer
The FPD is requesting $200,000 to purchase and install a walk in style freezer capable of storing
all SAKs and relevant evidence from sexual assault related cases. In keeping up with the best
practices in the industry, it is imperative that the SAKs and other items be kept frozen so that the
DNA evidentiary value is not degraded over time. Currently, evidence is stored in a portable
style freezer until it is tested by the lab. When the items are returned from the lab, the evidence is
then placed on shelves (dry storage) and kept at room temperature due to a lack of cold storage
space. The monies would also be used to purchase inside freezer rack type shelves so that the
freezer space can best be utilized to get the most amount of evidence into the storage area.
Total cost for freezer, installation, and shelving: $ 200,000
E.SUPPLIES
General office supplies and materials are needed for the CCU as identified in this grant
application for daily investigative operations, trainings, and field responses. Two Apple iPads
with service and one laptop work station will be purchased for use by the dedicated Cold Case
Unit investigator and Site Coordinator. The iPads and laptop work station with listed accessories
(speakers, monitors, keyboard and case) will be used for daily investigative duties, including but
not limited to, maintaining Cold Case investigation files, access to the SAFE-T Department of
Justice Database, access to and use of departmental network databases and compiling statistical
National Sexual Assault Kit Initiative FY 2020
Fresno Police Department Sexual Assault Cold Case Unit (CCU)
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data by the Site Coordinator for inclusion in the required quarterly and semi-annual progress
reports. Printed literature such as quick guides, operational plans, pamphlets, handouts and
business cards will be purchased for use during the local, in-house and block training sessions
with SART team members and department personnel. Literature will also be produced for the
victims of sexual assault with information on how to obtain updates on their case and get in
contact with the CCU Detective and/or Sergeant, and other key SART personnel. Victim and
officer safety is the utmost concern for detectives within the FPD who routinely conduct pre-
planned tactical operations to arrest and subdue suspects. Proper equipment is needed to conduct
these operations to ensure officers remain safe if confronted with resistance by suspects. The
additional detective within the Cold Case Unit will create a strain on the Sexual Assault Unit’s
budget which is only allotted a certain number of tactical vests. With an additional person being
added, this equates to this officer not having an adequate tactical vest to conduct tactical
operations. The CCU would utilize part of the grant funds to make a one-time purchase of
tactical safety equipment for one detective for pre-planned tactical operations that will result
from working on alcohol/drug facilitated cases.
General office supplies - printed literature: $ 450
General office supplies – pens, paper, file folders, binders, USB drives, digital recorder,
file trays, desk organizer: $1,550
(2) Apple iPad: $1,020 X 2 = $ 2,040
(1) Cell Phone: $ 70
(1) Laptop Computer: $ 2,447
(1) Laptop keyboard: $ 50
National Sexual Assault Kit Initiative FY 2020
Fresno Police Department Sexual Assault Cold Case Unit (CCU)
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(1) Laptop protective case: $55
(2) Laptop monitor: $300 X 2 = $ 600
(1) Laptop speakers: $ 110
(1) Tactical vest with ballistic armor: $ 2,292
Total Supplies for Year 1: $ 9,664
General office supplies – pens, paper, file folders, binders, USB drives = $ 1,000
Total Supplies for Year 2: $ 1,000
General office supplies – legal pads, post its, binder clips, pens, paper, binders, = $ 1,000
Total Supplies for Year 2: $ 1,000
General office supplies – legal pads, post its, binder clips, pens, paper, binders, = $ 1,000
Total Supplies for 3 years: $11,664
F. CONSTRUCTION: N/A
G. SUBAWARDS:
Full-time James Rowland Crime Victim Assistance Center Advocate
In cooperation with the James Rowland Crime Victim Assistance Center, a full-time
sexual assault Victim Advocate will be assigned to the FPD CCU and SAU for the entire
performance period of the grant. The duties will consist of maintaining a caseload of sexual
assault victims to ensure that the best victim – centered approach is applied. In the early stages of
the investigations, the advocate will assist with providing support, counseling, and mental health
services as needed by the victim. The advocate will also assist with informing the victim of the
laws and regulations governing their rights as a victim and determine eligibility for services from
National Sexual Assault Kit Initiative FY 2020
Fresno Police Department Sexual Assault Cold Case Unit (CCU)
13 of 14
the crime victim assistance. As cases move into the court process, the advocate will assist with
the preparation of victim impact statements and accompany crime victims and witnesses to court
for support and assistance. The advocate will also be responsible for assisting the Detectives with
providing crisis intervention and advocacy services to survivors of sexual assault and gender
based violence. They will conduct and assist with follow up and case management services along
with providing in person counseling, client intakes, safety plan assessment and referrals.
The advocate will participate in SART, the MDT, along with the CCU detectives to
ensure a multidisciplinary approach centered on the victim is being followed during back log
investigations.
(1) FTE Victim Advocate: $93,500 per year X 3 years = $ 280,500
Total for Victim Advocate for 3 years: $ 280,500
H. PROCUREMENT CONTRACTS - N/A
I. OTHER COSTS –
Testing of SAKs – The additional testing of SAKs to ensure the best technology available is
utilized. SAKs that are determined to have only been tested with serology only testing and/or
deemed by the Crime Specialist/Criminalist expert as being “partially tested” or require
additional testing will be resubmitted for analysis. CCU Detectives will continue respectin g the
wishes of victims and not test those SAKs where the victim chooses not to participate in the
investigation. If further testing could be utilized to obtain a possible CODIS eligible suspect
DNA profile on other cases, additional items of evidence will be submitted to the lab for testing.
This further testing will include, but not limited to, Y-STR and Genealogy testing (if needed).
Year 1: 154 tests X $1,300 per kit tested = $ 200,200
Year 2: 154 tests X $1,300 per kit tested = $ 200,200
National Sexual Assault Kit Initiative FY 2020
Fresno Police Department Sexual Assault Cold Case Unit (CCU)
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Year 3: 77 tests X $1,300 per kit tested = $ 100,100
Total cost for testing for 3 year period = $ 500,500
Cell phone and iPad monthly service costs – These devices will be used by the Alcohol/Drug
Facilitated Investigator and Site Coordinator for Years 1, 2 and 3 of the grant, the CCU
Investigator for Years 2 and 3 of the grant, and the third CCU Investigator for Year 3. The
devices will be used for daily investigative duties, trainings and field responses.
Year 1: Cell phone monthly costs ($50 per month X 1 device X 12 months) =
$ 600
Year 1: iPad monthly costs ($50 per month X 2 devices X 12 months) = $ 1,200
Year 2: Cell phone monthly costs ($50 per month X 2 devices X 12 months) =
$ 1,200
Year 2: iPad monthly costs ($50 per month X 3 devices X 12 months) = $ 1,800
Year 3: Cell phone monthly costs ($50 per month X 3 devices X 12 months) =
$ 1,800
Year 3: iPad monthly costs ($50 per month X 4 devices X 12 months) = $ 2,400
Total cost for monthly service costs = $ 9,000
Total Other Costs for 3 year period = $ 509,500
J. INDIRECT COSTS – N/A
TOTAL PROJECT COST - $ 2,186,109
Project Timeline
National Sexual Assault Kit Initiative
Activity/Deliverable Timeline Responsible person/party
1a Input cold case data into SAFE-T Quarter 1 - 10/1/20-12/31/20 FPD - Det. Cooney
1b Review FPD inventory and identify "Partially" tested SAK's and
submit for complete testing.Quarters 1-12 10/1/20-9/30/23
FPD - Heredia-Frausto/ Det.
Cooney
1c Prioritize alcohol/drug faciliated cases based on victim response Quarter 1 - 10/1/20-12/31/20 FPD - Sgt. Reyes
1d Finalize cold case load priority list Quarter 1 - 10/1/20-12/31/20 FPD - Sgt. Reyes
1e Investigative review of cold cases and alcohol/drug facilitated cases Quarters 1-12 10/1/20-9/30/23 FPD - Dets. Cooney and Skamel
1f Promote the Sexual Assault Cold Case Hotline Quarter 1-12 10/1/20-9/30/23 FPD - Det. Cooney
Activity/Deliverable Expected Completion Date Responsible Person/party
2a Purchase storage freezer Quarter 1 10/1/20 - 12/31/20 FPD - Det. Cooney
2b Notify victims about the status of their case Quarter 1-12 10/1/20-9/30/23 FPD - Det. Cooney
Activity/Deliverable Expected Completion Date Responsible Person/party
3a Obtain DNA samples to confirm or rule out potential suspects, based
on Department of Justic lab results Quarters 2-12 1/1/21-9/30/23 FPD - Det. Cooney/CalDOJ
BFS
3b File cases with the District Attorney's Office Quarters 2-12 1/1/21-9/30/23 FPD - Det. Cooney/ DDA
Galstan
3b Ensure that victims receive advocay follow-up and resources Quarters 2-12 1/1/21-9/30/23
FPD - Det. Cooney/ Fresno
County Victim Services
(CVAC)
Goal : To investigate cold case sexual assaults within the City of Fresno.
Objective 1: Establish and prioritize cold case protocols utilizing the Fresno Police Department Sexual Assault Unit's operations
manual; and maintain sustainability.
Objective 3: Conduct a comprehensive investigation of sexual assault cold case from the priority list.
Objective 2: Maintain chain of custody and ensure delivery of SAKs and other evidence to laboratory; purchase a storage freezer
to ensure evidentiary value of the stored items.
1 of 2
Exhibit B
Project Timeline
National Sexual Assault Kit Initiative
Activity/Deliverable Expected Completion Date Responsible Person/party
4a Attend weekly Sexual Assault Unit briefings Quarters 1-12 10/1/20-9/30/23 FPD - Det. Cooney/
Sgt. Reyes
4b Attend Bi-monthly SART Meetings Quarters 1-12 10/1/20-9/30/23 FPD - Det. Cooney/Sgt. Reyes
4c Attend mandatory annual SAKI workshops TBD FPD - Det. Skamel/
Sgt. Reyes
4d Attend CASAIA training TBD
FPD - Dets.
Skamel/Cooney/Taylor/Sgt.
Reyes/CVAC Advocate
4e Attend Violent Crime Behavioral Analysis Seminar (VCBAS)TBD
FPD - Dets.
Skamel/Cooney/Taylor/Sgt.
Reyes
LEGEND
Cal DOJ - California Department of Justice Crime Laboratory
CASAIA - California Sexual Assault Investigator's Association
DA - Fresno County District Attorney's Office
FPD - Fresno Police Department
CVAC - Crime Victim Assistance Center
SAFE-T - Sexual Assault Forensic Evidence - Tracking
SART - Sexual Assault Response Team
Objective 4: Maintain communication with stakeholders and attend applicable training for investigators.
2 of 2
Department of Justice (DOJ)
Office of Justice Programs
Washington, D.C. 20531Office of the Assistant Attorney General
Chief Andrew Hall
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3620
Dear Chief Hall:
On behalf of Attorney General William P. Barr, it is my pleasure to inform you that the Office of Justice Programs (OJP), U.S.
Department of Justice (DOJ), has approved the application by City of Fresno for an award under the OJP funding opportunity
entitled "SAKI: Comprehensive Approach to Unsubmitted Sexual Assault Kits." The approved award amount is $2,186,109.
These funds are for the project entitled Comprehensive Approach to Unsubmitted Sexual Assault Kits, investigation and victim
support..
The award document, including award conditions, is enclosed. The entire document is to be reviewed carefully before any
decision to accept the award. Also, the webpage entitled "Legal Notices: Special circumstances as to particular award
conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm) is to be consulted prior to an acceptance. Through that
"Legal Notices" webpage, OJP sets out -- by funding opportunity -- certain special circumstances that may or will affect the
applicability of one or more award requirements. Any such legal notice pertaining to award requirements that is posted
through that webpage is incorporated by reference into the award.
Please note that award requirements include not only award conditions, but also compliance with assurances and certifications
that relate to conduct during the period of performance for the award. Because these requirements encompass financial,
administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds), it is
vital that all key staff know the award requirements, and receive the award conditions and the assurances and certifications, as
well as the application as approved by OJP. (Information on all pertinent award requirements also must be provided to any
subrecipient of the award.)
Should City of Fresno accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate
remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.
Please direct questions regarding this award as follows:
- For program questions, contact Lauren Troy, Program Manager at (202) 598-9472; and
- For financial questions, contact the Customer Service Center of OJP's Office of the Chief Financial Officer at
(800) 458-0786, or at ask.ocfo@usdoj.gov.
We look forward to working with you.
Sincerely,
Encl.
Katharine T. Sullivan
Principal Deputy Assistant Attorney General
Exhibit C
Director
Michael L. Alston
Department of Justice (DOJ)
Office of Justice Programs
Chief Andrew J. Hall
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3620
Congratulations on your recent award. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of
Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office
of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in
discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of
the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with
those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require
compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and
nondiscrimination requirements, in connection with OJP and other DOJ awards, see
https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm
Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or
groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits
permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non-
discriminatory manner to their service population or have employment practices that meet equal-opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency
Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection
with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2)
submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42,
subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c),
.205(c)(5). Please submit information about any adverse finding to the OCR at the above address.
We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and
other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination
responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know.
Dear Chief Hall:
Sincerely,
cc: Grant Manager
Financial Analyst
Washington, DC 20531
Office of Civil Rights
Grant
PAGE 1 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3620
8. SUPPLEMENT NUMBER
00
9. PREVIOUS AWARD AMOUNT
10. AMOUNT OF THIS AWARD
$ 0
$ 2,186,109
11. TOTAL AWARD $ 2,186,109
2a. GRANTEE IRS/VENDOR NO.
946000338
2b. GRANTEE DUNS NO.
071887855
3. PROJECT TITLE
Comprehensive Approach to Unsubmitted Sexual Assault Kits,
investigation and victim support.
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under FY20(BJA - Sexual Assault Kit Initiative) Pub. L. No. 116-93, 133 Stat 2317, 2408
14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)
16.833 - National Sexual Assault Kit Initiative
15. METHOD OF PAYMENT
GPRS
AGENCY APPROVAL
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
GRANTEE ACCEPTANCE
Katharine T. Sullivan
Principal Deputy Assistant Attorney General
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES 21.
FISCAL
YEAR
FUND
CODE
BUD.
ACT. OFC.
DIV.
REG. SUB. POMS AMOUNT
AKBX 80 00 00 2186109
VAKUGT2330
18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Andrew J. Hall
Chief of Police
4. AWARD NUMBER:2020-AK-BX-0002
5. PROJECT PERIOD: FROM
BUDGET PERIOD: FROM
6. AWARD DATE 7. ACTION
Initial
TO
TO
10/01/2020
10/01/2020
09/30/2023
09/30/2023
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-88)
19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE17. SIGNATURE OF APPROVING OFFICIAL
17
AWARD CONTINUATION
SHEET
Grant
PAGE 2 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATEPROJECT NUMBER 2020-AK-BX-0002
SPECIAL CONDITIONS
Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or certifications
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will
not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions
regarding enforcement, including any such exceptions made during the period of performance, are (or will be during
the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices:
Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and
incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material
requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all
assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of
performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition
incorporated by reference below, or an assurance or certification related to conduct during the award period -- may
result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may
withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal
action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment
or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621,
and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be
held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this
award.
1.
OJP FORM 4000/2 (REV. 4-88)
17
AWARD CONTINUATION
SHEET
Grant
PAGE 3 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATEPROJECT NUMBER 2020-AK-BX-0002
SPECIAL CONDITIONS
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted
and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY
2020 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2020 award
supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before
December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number
(regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that
are obligated on or after the acceptance date of this FY 2020 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards
("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at
any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF
425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at
any tier) must provide access, include performance measurement information, in addition to the financial records,
supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the
recipient is to contact OJP promptly for clarification.
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website
(currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any
updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ
Grants Financial Guide.
Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially
reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The
reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and
cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to
Title 34. This rule of construction specifically includes references set out in award conditions, references set out in
material incorporated by reference through award conditions, and references set out in other award requirements.
2.
3.
4.
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Required training for Point of Contact and all Financial Points of Contact
Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully
completed an "OJP financial management and grant administration training" by 120 days after the date of the
recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2018, will satisfy
this condition.
In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or
FPOC must have successfully completed an "OJP financial management and grant administration training" by 120
calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new
POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful
completion of such a training on or after January 1, 2018, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for
purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to
comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award.
Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis"
indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise
OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200
Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined
by the Part 200 Uniform Requirements.
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal
funds during the period of performance for this award, the recipient promptly must determine whether funds from any
of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the
identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ
awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ
awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to
eliminate any inappropriate duplication of funding.
5.
6.
7.
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Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM),
currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM,
as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients
(first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the
recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal
Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to
any business or non-profit organization that he or she may own or operate in his or her name).
8.
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Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must--
A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole
or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the
individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under
this award of both--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United
States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award
requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain
records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with
Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes
(without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the
hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the
recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an
appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper
E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to
confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or
in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United
States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or
9.
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any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient
at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1)
and (2).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify
website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-
Verify at E-VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an
actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores,
maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the
scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB
Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of
PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an
imminent breach.
All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have
specific federal authorization), and are incorporated by reference here.
Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of
federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed $250,000)), and are incorporated by reference here.
10.
11.
12.
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Unreasonable restrictions on competition under the award; association with federal government
SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in
part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of
the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of
this condition must be among those included in any subaward (at any tier).
1. No discrimination, in procurement transactions, against associates of the federal government
Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring
awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and
associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and
200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open
competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on
firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no
recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on
the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or
entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R.
200.319(a) or as specifically authorized by USDOJ.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the
reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at
present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant
recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on
behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for
such employment or engagement, and any person or entity committed by legal instrument to undertake any such work,
project, or activity (or to provide such goods or services) in future.
B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or
any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
13.
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Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and
OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including
requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the
part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP
authority to terminate award)), and are incorporated by reference here.
Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by
DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an
associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by
the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may
interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm
(Award condition: Determination of suitability required, in advance, for certain individuals who may interact with
participating minors), and are incorporated by reference here.
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and
other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations,
policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this award.
The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program
solicitation or other applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or
delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
14.
15.
16.
17.
18.
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Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold
award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-
risk" for purposes of the DOJ high-risk grantee list.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an
equal employment opportunity program.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding
written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the
basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious
practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient
("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements
that pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at
https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part
38, under e-CFR "current" data.
19.
20.
21.
22.
23.
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Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any
subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal,
modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any
subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of
Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or
cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending,
or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that
applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might
fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the
express prior written approval of OJP.
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2020) The recipient, and any
subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in
federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated
at https://ojp.gov/funding/Explore/FY20AppropriationsRestrictions.htm, and are incorporated by reference here. Should
a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall
within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed
without the express prior written approval of OJP.
Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector
General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other
person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the
OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm
(select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General,
Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by
facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
24.
25.
26.
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Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or
subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in
accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene
requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to
sensitive compartmented information), or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud,
or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt
written notification to the federal agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or
both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,
fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit
or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will
immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to
the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
27.
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Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41
U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an
employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a
gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of
employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to
contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time
during the course of the period of performance under this award, the recipient must disclose that fact and certain related
information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk
includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include
the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient
was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and
email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231
and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further
agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28
C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
28.
29.
30.
31.
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Copyright; Data rights
The recipient acknowledges that OJP reserves a royalty-free, non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative
works), for Federal purposes: (1) any work subject to copyright developed under an award or subaward (at any tier);
and (2) any rights of copyright to which a recipient or subrecipient (at any tier) purchases ownership with Federal
support.
The recipient acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first
produced under any such award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use
such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision
52.227-14 (Rights in Data - General).
It is the responsibility of the recipient (and of each subrecipient (at any tier), if applicable) to ensure that the provisions
of this condition are included in any subaward (at any tier) under this award.
The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and
data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient,
contractor, or subcontractor refuses to accept terms affording the Government such rights, the recipient shall promptly
bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in
question without further authorization from the OJP program office.
The award recipient agrees to participate in a data collection process measuring program outputs and outcomes. The
data elements for this process will be outlined by the Office of Justice Programs.
Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP
policies and procedures regarding the protection of human research subjects, including obtainment of Institutional
Review Board approval, if appropriate, and subject informed consent.
The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection
requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any
activities within this project.
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or
more and, in certain circumstances, to report the names and total compensation of the five most highly compensated
executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient
obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted
on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and
Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an
award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
32.
33.
34.
35.
36.
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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATEPROJECT NUMBER 2020-AK-BX-0002
SPECIAL CONDITIONS
Verification and updating of recipient contact information
The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and e-mail address. If any information is
incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System
(GMS) to document changes.
Any Web site that is funded in whole or in part under this award must include the following statement on the home
page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to
interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages
that provide results or outputs from the service:
"This Web site is funded [insert "in part," if applicable] through a grant from the [insert name of OJP component],
Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its
components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its
content, technical infrastructure, and policies, and any services or tools provided)."
The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may
be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the
statement.
The recipient agrees to submit to BJA for review and approval any curricula, training materials, proposed publications,
reports, or any other written materials that will be published, including web-based materials and web site content,
through funds from this grant at least thirty (30) working days prior to the targeted dissemination date. Any written,
visual, or audio publications, with the exception of press releases, whether published at the grantee's or government's
expense, shall contain the following statements: "This project was supported by Grant No. 2020-AK-BX-0002
awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of
Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of
Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART
Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official
position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides
guidance on allowable printing and publication activities.
With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any
employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the
federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System
for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this
compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual basis at the
discretion of the OJP official indicated in the program announcement under which this award is made.
Required attendance at BJA-sponsored events
The recipient (and its subrecipients at any tier) must participate in BJA-sponsored training events, technical assistance
events, or conferences held by BJA or its designees, upon BJA's request.
37.
38.
39.
40.
41.
OJP FORM 4000/2 (REV. 4-88)
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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATEPROJECT NUMBER 2020-AK-BX-0002
SPECIAL CONDITIONS
Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and
procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial
Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The
recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including
documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable
deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may
result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other
restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the
recipient as a DOJ High Risk grantee; or termination of an award(s).
Recipient understands and agrees that it must submit quarterly Federal Financial Reports (SF-425) and semi-annual
performance reports through GMS (https://grants.ojp.usdoj.gov), and that it must submit quarterly performance metrics
reports through BJA's Performance Measurement Tool (PMT) website (https://bjapmt.ojp.gov/). For more detailed
information on reporting and other requirements, refer to BJA's website. Failure to submit required reports by
established deadlines may result in the freezing of grant funds and High Risk designation.
Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and
administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on civil,
criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or
any other grant, cooperative agreement, or procurement contract from the federal government. Under certain
circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal
System for Award Management (known as "SAM"), to the designated federal integrity and performance system
(currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information on certain civil,
criminal, and administrative proceedings to the federal designated integrity and performance system (currently,
"FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition:
Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by
reference here.
The recipient may not obligate, expend or draw-down more than 25% of the total eligible award amount until a
completed inventory and/or certification of a completed inventory has been provided to BJA. BJA will review the
inventory documentation to ensure that it contains a detailed and descriptive list of Sexual Assault Kits (SAKs),
containing information such as, but not limited to: item identifiers, quantity, and location of the item. Once BJA has
reviewed and approved the grant recipient's certification or certificate thereof, a Grant Adjustment Notice (GAN) will
be issued removing this special condition.
Withholding of funds: NEPA environmental assessment
The recipient agrees not to obligate, expend, or draw down any award funds until the program office has verified that
the recipient has submitted all necessary documentation required to comply with the Department of Justice Procedures
for Implementing the National Environmental Policy Act found at 28 CFR Part 61 and a Grant Adjustment Notice has
been issued removing this condition.
42.
43.
44.
45.
46.
OJP FORM 4000/2 (REV. 4-88)
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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATEPROJECT NUMBER 2020-AK-BX-0002
SPECIAL CONDITIONS
The recipient is authorized to incur obligations, expend, and draw down funds for travel, lodging, and per diem costs
only, in an amount not to exceed $15,000, for the sole purpose of attending a required OJP conference associated with
this grant award. The grantee is not authorized to incur any additional obligations, or make any additional expenditures
or draw downs until the awarding agency and the Office of the Chief Financial Officer (OCFO) has reviewed and
approved the recipient's budget and budget narrative, and a Grant Adjustment Notice (GAN) has been issued to remove
this special condition.
Recipient may not obligate, expend, or drawdown funds until the Bureau of Justice Assistance, Office of Justice
Programs has reviewed and approved the Budget Narrative portion of the application and has issued a Grant
Adjustment Notice (GAN) informing the recipient of the approval.
The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice
regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal
Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in time or place from the
Department of Justice funded program, and participation in such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith-
based organizations may, in some circumstances, consider religion as a basis for employment. See
http://www.ojp.gov/about/ocr/equal_fbo.htm.
Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice
Programs has received and approved the required application attachment(s) and has issued a Grant Adjustment Notice
(GAN) releasing this special condition.
47.
48.
49.
50.
OJP FORM 4000/2 (REV. 4-88)
17
Memorandum To:
From:
Subject:
Washington, D.C. 20531
Orbin Terry, NEPA Coordinator
Incorporates NEPA Compliance in Further Developmental Stages for City of Fresno
Awards under this program will be used to (1) plan or implement a coordinated community response ensuring a
just resolution of the evidence found in previously unsubmitted SAKs; or (2) identify, collect, and profile the DNA
of samples from convicted offenders who should have samples in CODIS, but from whom samples were not
collected or submitted to a testing lab. Funded projects may involve the use of chemicals as part of the response to
unsubmitted SAKs. Grant-funded projects involving the use of chemicals are subject to the National
Environmental Policy Act and related federal environmental impact review requirements, hereafter referred to as
NEPA. The scope of the proposed project is such that it may not qualify for a categorical exclusion as contained
Appendix D to Part 61 of Title 28 of the Code of Federal Regulations. As such, prior to initiation of the project, the
grantee will need to complete a checklist regarding the proposed use of chemicals in the project, and may need to
complete an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS). For more
information on NEPA requirements, including which projects may qualify for Categorical Exclusions, and the
preparation of an EA or an EIS, please see https://www.bja.gov/Funding/nepa.html.
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
Official Grant File
GRANT MANAGER'S MEMORANDUM, PT. I:
PROJECT SUMMARY
1. STAFF CONTACT (Name & telephone number)
PROJECT NUMBER
6. NAME & ADRESS OF SUBGRANTEE
7. PROGRAM PERIOD 8. BUDGET PERIOD
9. AMOUNT OF AWARD 10. DATE OF AWARD
11. SECOND YEAR'S BUDGET
2020-AK-BX-0002
2. PROJECT DIRECTOR (Name, address & telephone number)
4. TITLE OF PROJECT
12. SECOND YEAR'S BUDGET AMOUNT
13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT
15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)
5. NAME & ADDRESS OF GRANTEE
Grant
This project is supported under FY20(BJA - Sexual Assault Kit Initiative) Pub. L. No. 116-93, 133 Stat 2317, 2408
Desiree L. Perry
Business Manager
2600 Fresno Street
Fresno, CA 93721
(559) 621-2053
PAGE 11 OF
The National Sexual Assault Kit Initiative (SAKI) supports the Department’s criminal justice priorities of reducing violent crime and supporting law enforcement
officers and prosecutors by: (1) providing jurisdictions with resources to address sexual assault kits (SAKs) in their custody that have not been submitted to a
forensic laboratory for testing with Combined DNA Index System (CODIS)-eligible DNA methodologies; and (2) improving investigation and prosecution in
connection with evidence and cases resulting from the testing process; and (3) providing sites with resources to collect DNA samples from qualifying individuals
who should have a sample in CODIS (based on the type and time of the offense in relation to applicable state law), but from whom a sample has never been
collected or submitted to a laboratory for testing. In addition, SAKI will provide investigators with assistance in how to more effectively question subjects, which
could provide stronger investigative leads and build stronger prosecutorial cases, which in turn could help solve more crimes.
The FY 2020 National SAKI Program will provide funds to recipients to implement or enhance the comprehensive BJA model to address the issues that underline
Lauren Troy
(202) 598-9472
OJP FORM 4000/2 (REV. 4-88)
Comprehensive Approach to Unsubmitted Sexual Assault Kits, investigation and victim support.
City of Fresno
2600 Fresno Street
Fresno, CA 93721-3620
TO:10/01/2020 09/30/2023FROM:TO:10/01/2020 09/30/2023FROM:
$ 2,186,109
3b. POMS CODE (SEE INSTRUCTIONS
ON REVERSE)
3a. TITLE OF THE PROGRAM
SAKI: Comprehensive Approach to Unsubmitted Sexual Assault Kits
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
the problem of unsubmitted SAKs or to expand their existing SAKI project to include the collection of lawfully owed DNA samples from convicted offenders. In
FY 2020, National SAKI Program funding is available under four Purpose Areas.
Recipients under Purpose Area 1: Comprehensive Approach to Unsubmitted Sexual Assault Kits, will implement a comprehensive approach to unsubmitted SAKs
that includes all three elements of the BJA model: Inventory all unsubmitted SAKs; Create a multidisciplinary working group; Designate a site coordinator. The
goal of SAKI is the creation of a coordinated community response that ensures just resolution of these cases, whenever possible, through a victim-centered
approach, and to build jurisdictions’ capacities to prevent the development of conditions that lead to high numbers of unsubmitted SAKs. This holistic program
provides jurisdictions with resources to address their unsubmitted SAKs, including support to inventory, test, and track SAKs; create and report performance
metrics; access necessary training to increase effectiveness in addressing the complex issues associated with these cases and engage in multidisciplinary policy
development, implementation, and coordination; and improve practices related to investigation, prosecution, and victim engagement and support in connection with
evidence and cases resulting from testing. Grant recipients must also enter all “criteria cases” into ViCAP (before the end of the grant period) to increase the chances
of identifying and apprehending violent serial offenders who pose a serious threat to public safety.
CA/NCF