Loading...
HomeMy WebLinkAboutAgreement A-19-601 with the City of Fresno.pdfAgreement No . 19-601 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FRESNO and THE COUNTY OF FRESNO FY 2019 National Sexual Assault Kit Initiative Grant Program This Agreement , which incorporates United State Department of Justice, Bureau of Justice Assistance project number 2019-AK-BX-0021 including Certifications and Assurances, is made and entered into this19th day of November , 2019 , by and between the County of Fresno , acting by and through its governing body , County Board of Supervisors ("COUNTY"), and the City of Fresno , acting by and through its governing body , the City Council ("CITY"), witnesseth : WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs/allocation of funds is dictated by the 2019 National Sexual Assault Kit Initiative Grant Program (hereinafter referred to as the "Program") award documents , and compensates the performing party for the services or functions under this Agreement ; and WHEREAS, the Program is intended to enhance the collaborative effort between the Fresno Police Department and the Fresno County District Attorney 's Office in the investigation, prosecution , and victim support of Sexual Assault Cold Cases generated as a result of Combined DNA Index System (CODIS) hits from 2000 to present ; and WHEREAS , the CITY , and COUNTY agree to comply with all requirements of the Program, and in accordance with all applicable statutes , regulations , 0MB circulars , and guidelines . WHEREAS, the CITY and COUNTY believe that implementation of the Program as described herein will further the above goal, and to this end agree to coordinate reference herein . NOW THEREFORE, in consideration of the above recitals which are contractual in nature, and of the mutual promises contained herein, the COUNTY and CITY agree as follows: Section 1. The CITY and COUNTY have agreed that the CITY will act as Fiscal Agent for purposes of the FY 2019 National Sexual Assault Kit Initiative Grant Program . The CITY and COUNTY have agreed neither party will seek costs associated with administering Program funds . Contingent upon funding being available , CITY agrees to allocate funding to the COUNTY in the amount of $183 ,667 each year during the performance period of the grant, not to exceed $551 ,001 in grant funds allocated to the COUNTY throughout the three-year term of this Agreement. The allocation of grant funds is further shown in Exhibit A. Section 2. CITY and COUNTY agree to use funds for the investigation and prosecution of Sexual Assault Cold Cases until expiration of the Program term, whereupon any unused funds shall be remitted to the U.S . Department Of Justice ("DOJ"), Office of Justice Programs ("OJP"), Bureau of Justice Assistance ("BJA "), consistent with Program requirements . 2 Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the California Tort Claims Act. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the California Tort Claims Act. Section 4. The term of this Agreement shall begin on October 1, 2019, and shall end on September 30, 2022. Section 5. The CITY and COUNTY agree to comply with all requirements of the FY 2019 National Sexual Assault Kit Initiative grant program (42 U.S.C. 3751(a)), and in accordance with all applicable statutes, regulations, Office of Management and Budget (“OMB”) Circulars, and guidelines, including the OJP Financial Guide. COUNTY agrees to provide the CITY, as Fiscal Agent, with all required financial reporting within 30 days after the end of each quarter and quarterly programmatic reporting information no later than the 30 days following the end of each quarter, in a format approved by the CITY. Section 6. The parties are acting in an independent capacity. Each of the parties agrees that it, including any and all of its officers, agents, and/or employees, shall have absolutely no right to employment rights and benefits available to the other party’s employees. Each party shall be solely liable and responsible for providing to, or on behalf of, its own officers, agents, and/or employees all legally and contractually required employee benefits. In addition, each party shall be solely responsible and save the other party harmless from all matters relating to payment of each party’s employees, including, but not limited to, compliance with applicable social security withholding and all other regulations governing such matters. Further and without limitation, each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 7. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 8. By entering into this Agreement, the parties do not intend to create any obligations , express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. Section 9. Any and all notices between the parties provided for or permitted under this Agreement or by law shall be in writing, and shall be deemed duly served when personally delivered to each party, or in lieu of such personal service, when deposited in the United States Mail, postage prepaid, addressed to each party at the address provided on the signature page of this Agreement. Section 10. 3 Each party shall, at any time during business hours, and as often as each party may reasonably deem necessary, make available to each other for examination all of its records and data, with respect to the matters covered by this Agreement, for a period of three years following the close-out of the 2019 National Sexual Assault Kit Initiative (SAKI) grant program. Section 11. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. Section 12. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties, and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against any party, but rather by construing the terms in accordance with their generally accepted meaning. Section 13. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous agreements, negotiations, proposals, commitments, writing, advertisements, publications, and understandings of any nature whatsoever unless expressly included in this Agreement. Section 14. Each party represents that it and the person signing on its behalf has full authority to execute and enter into this Agreement. This Agreement is subject to ratification by the approval of the Fresno City Council, and the County Board of Supervisors. / / / / / / / / / / / / / / / 5 Exhibit A Division of Grant Funding by Agency Fresno County District Attorney’s Office Federal $ - Year 1 Federal $ - Year 2 Federal $ - Year 3 Total Deputy District Attorney Salary & Fringe 183,667 183,667 183,667 551,001 183,667 183,667 183,667 551,001 Fresno Police Department Federal $ - Year 1 Federal $ - Year 2 Federal $ - Year 3 Total 1 FTE Sexual Assault Detective 92,030 93,964 96,381 282,375 1 FTE Sexual Assault Detective Fringe 42,107 42,814 43,527 128,448 Travel, Training, Equipment and Office Supplies 17,777 10,208 10,191 38,176 151,914 146,986 150,099 448,999 Federal $ - Year 1 Federal $ - Year 2 Federal $ - Year 3 Total 335,581 330,653 333,766 1,000,000