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HomeMy WebLinkAbout32041AGREEMENT NO. 15-118 MEMORANDUM OF UNDERSTANDING . This Memora~dum of Understanding ("MOU'1, effective as of January 1, 2015, as provided hereunder, IS entered into by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as "Agency''), and COUNTY OF FRESNO a political subdivision of the State of California (hereinafter referred to as "COUNTY"). ' RECITALS WHEREAS, Agency has submitted an application to the California Governor's Office of Emergency Services ("CalCES") for $450,000 in grant funds through the 2014 Grant Funding Cycle -Project Safe Neighborhoods (hereinafter referred to as "PSN" or as the "Program"), incorporated by reference herein, funded by the United States Department of Justice ("DOJ"); and WHEREAS, the Program is intended to focus special effort on creating safe neighborhoods through a sustained reduction in crime associated with gang and gun violence; and WHEREAS, upon award of grant funds and entry by Agency into a grant agreement with CalCES ("Granf') consistent with the Program, Agency intends through its Police Department ("FPD") to work in partnership with COUNTY for the purpose of providing services through the Fresno County District Attorney's Office ("DA")and the Fresno County Sheriff's Office ("Sheriff'); and WHEREAS, Agency, through FPD, will work in partnership with the DA to ensure prosecution goals are met through research, writing and handling motions, assisting in law enforcement training, detennining strategic prosecutorial goals and objectives and preparing and litigating gang injunctions; and WHEREAS, Agency, though FPD, will work in partnership with the Sheriff to provide three beds dedicated to PSN-related gang and gun offenders within the Fresno County Jail; and I WHEREAS, Agency, though FPD, will work in partnership with the Sheriff to provide operational support within the Multi-Agency Gang Enforcement Consortium ("MAGEC") for sworn personnel to conduct gang operations and enforcement on an overtime basis; and WHEREAS, Agency and COUNTY believe that development and implementation of the services described herein, will further the above goals, and to this end agree to coordinate and provide such services; and WHEREAS, perfonnance of the services described herein by COUNTY will be of benefit to Agency, COUNTY and the public interest. 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 tenns and conditions and provisions of the Program and this MOU, the parties mutually agree as follows: -1- 1. PARTICIPATING AGENCIES AND DESIGNATED CONTACT PERSONS Agency: Fresno Police Department Mayor's Gang Prevention Initiative Maggie Navarro, Coordinator 2323 Mariposa Mall COU~TY: County of Fresno Fresno County District Attorney's Office Steve Rusconi, Business Manager 2220 Tulare Street, Suite 1 000 Fresno, CA 93721 Fresno, CA 93721 2. ROLES AND RESPONSIBILITIES A. FPD, acting as Agency's representative, subject to all applicable constitutional and local law requirements, shall: 1. Act as the lead agency to administer the funds from the Grant agreement with regard to this Program. 2. Assist COUNTY as needed with accessing project related information and data needed to adequately provide vertical prosecution for gang injunctions relating to Program. 3. Assist COUNTY as needed by ensuring three beds in the Fresno County Jail are available for holding Program-related gun and gang offenders. 4. Meet monthly with COUNTY, or more frequently as determined by FPD, to coordinate, resolve problems, determine timetables, discuss implementation and strategies, and address any other issues related to provision of services by COUNTY. B. COUNTY shall provide services through the DA relating to gang injunctions and the dedication of three beds in the Fresno County Jail to house gang and gun offenders through the Sheriff during the term of this MOU. 1. In this regard, COUNTY, acting as direct provider of the services through the DA shall: a. Provide a .08 full time equivalent (FTE) Supervising District Attorney for 17 months to support the Program through vertical prosecution of gang injunctions. b. Assist in training all law enforcement agencies associated with gang sweeps and enforcement and determine strategic prosecutorial goals and objectives pertaining to the Program. c. Provide vertical prosecution for gang injunctions to include: i. Gang injunction filling determinations; ii. Making general court appearances involving gang related prosecution and gang injunctions; iii. Applicable research, writing and handling motions involving gang injunctions; iv. Preparing and litigating gang injunctions. d. Involve FPD staff when determining efficient goals and objectives relating to gang injunction prosecution. e. Meet monthly with Mayor's Gang Prevention Initiative ("MGPI") staff, or more frequently as FPD determines is needed, to coordinate COUNTY's obligations under the Program, including the provision of services, the resolution of problems, determination of timetables, discussion of implementation, evaluation of effectiveness, and to address any other issues related to the Program. -2- f. As applicable, procure all permits and licenses necessary to provide the services, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the work for the Program. g. Ensure the Agency, CalCES, or any authorized representative, has suitable access to project activities, data collection and documents, at all reasonable times during the term of this MOU. h. Immediately advise Agency of any significant problems or changes that arise during the provision of Program services. 2. In this regard, COUNTY, acting as direct provider of the services through Sheriff, shall: a. Ensure that three beds are reserved at the Fresno County Jail for housing gun and gang-related offenders. b. Ensure all terms and conditions for utilizing reserve jail bed space for this Agreement follow the Jail Bed Space Agreement between the City of Fresno and the County of Fresno for 2013-2015, dated October 31, 2013, attached hereto as Exhibit C and incorporated herein by reference. c. Ensure proper documentation is submitted in accordance with this Agreement for County MAGEC personnel overtime operations relating to the Program. d. Meet monthly with MGPI staff, or more frequently as FPD determines is needed,to coordinate COUNTY's obligations under the Program, including the provision of services, the resolution of problems, determination of timetables, discussion of implementation, evaluation of effectiveness, and to address any other issues related to the Program. e. As applicable, procure all permits and licenses necessary to provide the Services, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the work for the Program. f. Ensure the Agency, CalCES, or any authorized representative, will have suitable access to project activities, data collection and documents ay all reasonable times during the term of this MOU. g. Immediately advise Agency of any significant problems or changes that arise during the provision of Program services. 3. REIMBURSEMENT FOR PROGRAM ACTIVITIES A. Agency agrees to reimburse COUNTY solely from allocated and available Program Grant funds for eligible costs incurred by COUNTY in providing services under this MOU within the performance period of the Program and Grant period of this MOU, in an amount not to exceed $35,553 for the DA and an amount not to exceed $153,929 for the Sheriff, in accordance with the Program budget attached hereto as Exhibit A and incorporated herein by reference. B. Any future applications and award of funds for future Program funding cycles shall be by a written amendment to this MOU signed by both parties. C. Payment hereunder shall be contingent on Agency's receipt of an undisputed invoice, and any reports and substantiation materials required by Agency. D. Should COUNTY fail to comply with any provision of this MOU, Agency shall be relieved of its obligation for further compensation. -3- E. Nothing in this MOU shall commit the taxing authority or general fund of Agency. 4. MOU TERM AND TERMINATION A. The term of this MOU shall begin January 1, 2015, and end July 31, 2016. B. Notwithstanding the foregoing, this MOU shall automatically be suspended or terminated upon Agency's written notice thereof to COUNTY upon any of the following events: (i) Program or Grant termination or suspension; (ii) any non ... appropriation or non-allocation of Grant funding required in pursuit hereof; (iii) COUNTY's illegal or improper use of funds; (iv) COUNTY's failure to comply with any term of this MOU; (v) COUNTY's submittal of any substantially incorrect or incomplete itemized invoice required for reimbursement; (vi) COUNTY's failure to comply with grant guidelines in the CaiOES Recipient Handbook; or (vii) COUNTY's failure to comply with any applicable provisions of the Grant. C. The terms of this MOU, and the services to be provided thereunder, are contingent upon the approval of funds by CaiOES. Should sufficient funds not be allocated, the services provided may be modified, or this MOU terminated, at any time by Agency upon thirty (30) days advance )Nritten notice to COUNTY. D. Under circumstances other than those set forth above, this MOU may be terminated by either party upon the giving of thirty (30) days advance written notice of an intention to terminate. However, termination of this MOU shall not affect any pending cases pursuant to this MOU which shall be handled to their conclusion by COUNTY. 5. RECORDKEEPING AND PERFORMANCE DATA A. COUNTY shall keep proper records of, and submit to the Agency each quarter, all data in accordance with Exhibit B, attached hereto and incorporated herein by reference. B. COUNTY shall provide any monthly and quarterly reports, and any certifications as required by Agency. 6. FINANCIAL REPORTING, AUDITING AND DOCUMENT RETENTION A. COUNTY shall submit monthly invoices to FPD for eligible expenses incurred for the Program. Billing documentation shall include: 1. A breakdown of expenditures by cost category; 2. Supporting documentation for all costs including payroll registers, general ledgers and che 1 cks as requested by Agency; and 3. Operational documentation outlining for grant funded overtime. B. COUNTY shall maintain accurate, complete, orderly and separate records for the Program and funding therefor, separately from all other funds, including DOJ funds awarded for the same or similar purposes or programs. COUNTY agrees that all personnel performing activities hereunder shall maintain separate timesheets to document hours worked for activities related to the Grant and this MOU. Records of COUNTY expenses pertaining to the Program shall be kept on a generally recognized accounting basis. -4- C. All COUNTY Program records shall be available to Agency, CaiOES, the Comptroller General of the United States, DOJ (including the Office of Justice Programs and the Office of the Inspector General, and its representatives), and the Government Accountability Office ("GAO"), and any of their authorized representatives upon request, during regular business hours throughout the life of this MOU and for a period of three years after final payment or longer as required by law or the Grant. In addition, all books, documents, papers, and records of COUNTY pertaining to the Program shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. This paragraph shall survive expiration or termination of this MOU. D. COUNTY also understands and agrees that Agency, DOJ and the GAO are authorized to interview any officer or employee of COUNTY regarding transactions related to this MOU. E. In the event of termination of this MOU, copies of all books, records, documents, and other evidence pertinent to the Program required by this MOU and collected or prepared by COUNTY, or in the possession of COUNTY agents, shall be immediately provided to Agency by COUNTY, unless otherwise specified by law. 7. COMPLIANCE WITH GOVERNING LAW AND GRANT AGREEMENT A. COUNTY shall at all times comply with all applicable laws of the United States, the State of California and Agency, 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 2014 Recipient Handbook, published by the California Governor's Office of Emergency Services, and agrees to comply with all applicable provisions thereof (including, without limitation, the CaiOES Program Guidelines and the CaiOES Recipient Handbook), and cooperate with Agency in meeting the requirements thereunder. B. 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 COUNTY departmental funds, or funding for positions otherwise funded by COUNTY. C. As applicable, costs and expenditures must be allowable in accordance with OMB Circular A-87, Cost principles for st~te, local and Indian Tribal Governments. Grant funds are subject to the Single Audit Act Amendments of 1996 and the OMB Circular, A-133, Audits of states, local governments and non-profit organizations. D. COUNTY shall allow access to Agency, CaiOES, and any of their representatives for any onsite assessments. E. By signing this MOU, COUNTY certifies that (i) Grant funds shall not be used for the purpose of lobbying, as required by Section 1352, Title 31 of the U.S. Code, and implemented as 28 CFR Part 69; (ii) COUNTY will adhere to Federal Executive Order 12549, Debarment and Suspension; and (iii) neither COUNTY, nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the MOU by any Federal department or agency. COUNTY shall complete and submit to Agency all applicable forms required by the Grant agreement. ' F. Drug-Free Workplace Certification: COUNTY shall comply with the Drug-Free Workplace Act of 1990 ("the Acf'), California Government Code Sections 8350-8357, the -5- Federal Drug-Free Workplace Act of 1988 (41 USC 701), and the requirements of Federal law as !mplemented in 28 CFR Part 67, Subpart F, Sections 615 and 620. COUNTY shall notify the1r employees that they are prohibited from engaging in the unlawful manufacture distribution dispensation, possession or use of controlled substances. By signing th~ signatur~ page of th~ MOU, COUNTY certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace, and that COUNTY will: (a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). (b) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following: (i) The dangers of drug abuse in the workplace, (ii) The person's or organization's policy of maintaining a drug-free workplace, (iii) Any available counseling, rehabilitation and employee assistance programs, and (iv) Penalties that may be imposed upon employees for drug abuse violations. (c) Provide as required by Government Code Section 8355(c), that every employee providing services under this MOU: (i) Will receive a copy of the company's drug-free policy statement, and (ii) Will agree to abide by the terms of COUNTY's statement as a condition of employment . G. Copyrights, Rights in Data, and Patents: All activities of COUNTY under this MOU are considered "work made for hire" as defined under Title 17 USC Section 101, and shall include but are not limited to, publications, original computer programs, writings, sound recordings, pictorial reproductions, drawings or other geographical representations and works of any similar nature. With regard to any "work made for hire," CaiOES owns all rights comprised in the copyright, and therefore CaiOES reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so. If any discovery or invention arises or is developed in the course of, or as a result of, work performed, in whole or in part, under this MOU, COUNTY must refer the discovery or invention to CaiOES. Determination of rights to inventions or discoveries shall be made by CaiOES, or its duly authorized representative, who shall have the sole and exclusive power to determine whether or not and where a patent application should be filed, and to determine the disposition of all rights to such inventions or discoveries, including title to and license rights under any patent application or patent which may .be issued. In all cases, CalOES shall acquire at least an irrevocable, nonexclusive, and royalty-free license to practice and have practiced anywhere without limitation, for governmental purposes, any invention made with CaiOES grant funds. 8. CAPACITY OF AGENCY AND COUNTY A. In furnishing the services provided for herein, COUNTY is acting solely as an independent contractor. Neither COUNTY, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of Agency for any purpose. Agency shall have no right to control or supervise or direct the manner or method by which COUNTY shall perform its work and functions. However, Agency shall retain the right to administer this MOU so as to verify that COUNTY is performing its obligations in accordance with the terms and conditions thereof. -6- B. This MOU does not evidence a partnership or joint venture between COUNTY and Agency. COUNTY shall have no authority to bind Agency absent Agency's express written consent. Except to the extent otherwise provided in this MOU, COUNTY shall bear its own costs and expenses in pursuit thereof. C. Because of its status as an independent contractor, COUNTY and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to Agency employees. COUNTY shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this MOU, COUNTY shall be solely responsible, indemnify, defend and save Agency harmless from all matters relating to employment and tax withholding for and payment of COUNTY's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in Agency employment benefits, entitlements, programs and/or funds offered employees of Agency whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this MOU, COUNTY may be providing services to others unrelated to Agency or to this MOU. 9. INDEMNIFICATION and INSURANCE AGENCY shall indemnify, hold harmless and defend COUNTY] and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by COUNTY, AGENCY or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions, or willful misconduct of AGENCY or any of its officers, officials, employees, agents or volunteers in the performance of this Agreement; provided nothing herein shall constitute a waiver by AGENCY of governmental immunities ~including California Government Code section 810 et seq. COUNTY shall indemnify, hold harmless and defend AGENCY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by the AGENCY, COUNTY or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions, or willful misconduct of COUNTY or any of its officers, officials, employees, agents or volunteers in the performance of this Agreement; provided nothing herein shall constitute a waiver by COUNTY of governmental immunities including California Government Code section 810 et seq .. In the event of concurrent negligence on the part of AGENCY or any of its officers, officials, employees, agents or volunteers, and COUNTY or any of its officers, officials, employees, agents or volunteers, 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. -7- This foregoing provisions of this Section 9 shall survive tefl1)ination or expiration of this Agreement. Without limiting the indemnification of each party as stated in this Section 9. it is understood and agreed that Agency and COUNTY 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 throughout the term of this agreement. Coverage shall be provided for comprehensive general liability, automobile liability, professional liability, and workers' compensation exposure. The parties agree that such respective programs or policy coverage for Workers' Compensation shall contain a waiver of subrogation as to the other party and each of its officers, officials, agents, employees and volunteers. Evidence of Insurance, Certificates of Insurance or other similar documentation shall not be required of either party under this MOU. 10. ATTORNEY'S FEES AND LEGAL EXPENSES If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this MOU, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 11. 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. 12. NOTICES Any notice required or intended to be given to either party under the terms of this MOU shall be in writing and shall be deemed to be duly given if delivered personally or deposited into the United States mail, return receipt requested, with postage prepaid, addressed to the party to which notice is to be given at the party's address set forth in Section 1 of this MOU or at such other address as the parties may from time to time designate by written notice. 13. BINDING Subject to Section 17 below, 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. 14. 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. 15. WAIVER -8- 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. No provision 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. CUMULATIVE REMEDIES No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 21. NO THIRD PARTY BENEFICIARIES The rights, interests, duties and obligations defined within this MOU are intended for the specific parties hereto as identified in the preamble of this MOU. Notwithstanding anything stated to the contrary in this MOU, it is not intended that any rights or interests in this MOU benefit or flow to the interest of any third parties. 22. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. To the extent required by controlling federal, state and local law, COUNTY shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. COUNTY shall carry out -9- applicable requirements of 49 CFR part 26 in the award and administration of contracts hereunder. Failure by COUNTY to carry out these requirements is a material breach of this MOU, which may result in the termination of this MOU or such other remedy or sanction as may be available. B. It is the public policy of the State of California to promote equal employment opportunity by prohibiting discrimination or harassment in employment because of race, religious creed, color, national origin, ancestry, age (over 40), mental and physical disability (including HIV and AIDS), medical condition (cancer and genetic characteristics), marital status, sex (including sexual harassment), sexual orientation (heterosexuality, homosexuality, and bisexuality), pregnancy (childbirth, or related medical conditions), political affiliation/opinion, Veteran's status or request for family medical leave. COUNTY will not discriminate in the delivery of services or benefits based on the previously identified situations. COUNTY shall comply with Executive Order 11246 as amended by Executive Order 11375 and supplemented at41 CFR 60. 23. ENTIRE AGREEMENT It is mutually understood and agreed that the forgoing constitutes the entire agreement between the parties. Any modifications or amendments to this MOU must be in writing signed by an authorized agent of each party. This MOU is subject to receipt of Grant funds and ratification by the Council of the City of Fresno. Ill Ill -10- 1 covenants, conditions and promises contained in the Agreement and not amended herein 2 shall remain in full force and effect. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have caused this Amendment I to Agreement to be executed as of the day and year first above written. Print Name & Title :2.323 M~lii2\~ ~<:::; e~ 9::372-r Mailing Address~ DATE: >!3 LJ-J APPROVED AS TO LEGAL FORM pu C1ty Attorney ~~7fJ/'{ Budget Unit No.: 31113320 Account No.: 4975 COUNTY OF FRESNO ~rgeas Chairman, Board of Supervisors ATTEST: BERNICE E. SEIDEL, Clerk Board Rf Supervisors Byc1\,b~ t ·o;3= \ u DATE: ( !>\CllaolY. REVIEWED AND RECOMMENDED FOR APPROVAL -2- ! 1:: !· i [· i ' I I l f I' j. I ' ,. i !· I ; i ;. i i 1- [ ! Exhibit A Cost Breakdown for County of Fresno regarding the 2014 Project Safe Neighborhoods (PSN) grant program (Performance Period of January 1, 2015 -July 31, 2016) BUDGET FRESNO DISTRICT ATTORNEY'S OFFICE CHIEF DEPUTY DISTRICT ATTORNEY: .08 FTE (Annual Salary $128,414) = $10,273 per year= Total $20,546 .08 FTE (Annual Fringe $93,795) = $7,504 per year= Total $15,007 Total Cost to the Fresno District Attorney's Office: $35,553 FRESNO SHERIFF'S OFFICE JAIL BED SPACE: 3 Jail Beds@ $104.00 per day= Total $113,880 OVERTIME FOR MAGEC PERSONNEL: Deputy Sheriff Overtime Hours= Total $19,600 Sheriff Sergeant Overtime Hours= Total $13,420 Sheriff Lieutenant Overtime Hours = Total $7,029 Total Cost to the Fresno Sheriff's Office: $153,929 Total Cost for the Duration of this AGREEMENT: $189,482 BUDGET NARRATIVE A. Personnel: B. Fringe Benefits: DOJ-Violent Gang Gun Crime Reduction Program FY 2014 Project Safe Neighborhoods 1 FTE Chief Deputy District Attorney -Funding will cover staff salary at 8% during the duration of the grant. Staff will be responsible for making filing determinations, attending general court appearances, researching, writing and handling motions, assisting in law enforcement training, participating in officer involved shooting investigations, determining strategic prosecutorial goals and objectives, and preparing and litigating gang injunctions. Annual Salary $128,414/Fringe $93,795 = $222,209. Year 1 Salary $10,273 I Fringe $7,503 = $17,776 Year 2 Salary $10,273/ Fringe $7,504 = $17,777 Overtime -Funding will be used for PSN operations which include Multi Agency Gang Enforcement Consortium (M.A.G.E.C.) partners: Fresno Police Department, Fresno County Sheriffs Department and Fresno County District Attorney's Office. Overtime funding will pay for Officers, Detectives, Deputies and supervising Sergeants/Lieutenants for PSN pre and post gang investigations and suppression activities performed by partners within M.A.G.E.C. These units will be working on overtime basis to enforce gang injunctions and reduce overall gang related criminal activity and gang related shootings supporting PSN efforts. The total cost of the overtime is $80,000 (No fringe is charged to the grant for Officer Overtime) Total cost Salary Category A & Fringe Benefits Category B: $115,000 Page 1 of4 C. Travel: DOJ -Violent Gang Gun Crime Reduction Program FY 2014 Project Safe Neighborhoods Training Travel -Funding will support PSN taskforce partners participation in trainings related to their project responsibilities/duties to support grant goals and objectives. Total cost for two year grant period is $5,000 Total cost Travel Category C: $5,000 D. Equipment: N/A E. Supplies: General office supplies and materials needed for project daily operations such as copy paper, program material printing, manila folders, envelopes, clip boards, printer toner and cell system hard drives to store digital evidence recovered from gun/gang offenders. Total cost over the two year period of the grant is $11,120 Total cost Supplies Category E: $11,120 F. Construction: N/A G. Consultants/Contracts: Consultant Fees: California State University, Fresno/Criminology Department -Research and Analysis Partner Contractor from a local credible state educational institution will be contracted to conduct spatially analyzes of gun and gang crime and intelligence data to promptly identify emerging crime hot spots. Researcher partner will use highly advanced computer mapping software and programs which produce simplified maps that can be used for effective decision making with local stakeholders including law enforcement agencies and community leaders. Funding will support salary and fringe for a team of California State University, Fresno Department of Criminology Professors and graduate Assistants, office supplies and indirect cost. Total cost over the two year period of the grant is $96,072 Page2of4 Consultant Expenses: DOJ -Violent Gang Gun Crime Reduction Program FY 2014 Project Safe Neighborhoods Travel-Consultant expenses will include travel expenses to and from the mandatory grant orientation meeting per RFP conducted by Michigan State University. The total cost for meeting is $3,928 Contracts: • Fresno County Sheriff's Department-PSN Gun/Gang Offender Jail Beds -Funding will be used to cover the cost related to support three beds jn the Fresno County jail beds dedicated to PSN gun/gang offenders. Due to County jail funding limitations, it is common for gun/gang offenders to be rapidly released from the local facility, at times after a few hours from arrest. The total cost for the two year period of the grant is $113,880 • Valley Crime Stoppers -PSN Public Service Announcement Campaign - Subcontractor is only local provider with existing crime tip line and regional media outreach in the Eastern District which covers the central valley. The general public can call anonymously report crimes and receive cash award for providing information leading to an arrest. Funds will be used to cover the costs associated with developing, design and advertisement of PSN public service announcement campaign (PSA). Media advertisement partners of VCS include newspapers, television, radio, internet, billboards and public transportation. Additional cost will include multimedia messaging and professional translation of PSA' s. Total cost over the two year period of the grant is $25,000 • Friends of Calwa-Nature & Nurture-Subcontractor will have direct oversight of community outreach, youth engagement, strategy development and implementation. Project funds will be used to fund program staff salary/fringe responsible for day to day Page 3 of4 DOJ -Violent Gang Gun Crime Reduction Program FY 2014 Project Safe Neighborhoods program coordination. Funding will also support purchase of project related equipment for community beautification (shovels, paint, brushes etc), youth stipends for enrolled participants, community/youth engagement meetings, facility fees, trainer/speaker, field trips admission (camping trip; zoo), parking, staff mileage, general office supplies, sports equipment, project related travel/training and project indirect costs for administrative support. The program will be conducted within Calwa target area in community centers, churches, schools, parks and affected gang neighborhoods. Total cost for duration of the grant: $80,000 Total cost Consultants/Contracts Category G: $315,000 H. Other Costs: Administrative/Financial Oversight -The fiscal agent, California Governor's Office of Emergency Services (Cal OES) will be responsible for financial oversight of all grant related activities. The Fresno Police Department Grants Management Unit who currently manages over 28 active grant projects will work with fiscal agent. The Grants Management Unit acts as the liaison in the Police Department to facilitate the grant activities between the various departments, divisions, bureaus and units of law enforcement staff as well as the State, Federal, and other local agencies. The fiscal agent fee requested is 10%, which is based upon the ratio of the $500,000 for this project, to the total grant funding requested. Total two year cost: $50,000 Total cost Other Costs Category H: $50,000 L Indirect Cost: N/A Page4 of4 Exhibit B Grant Performance Measures for County of Fresno regarding the 2014 Project Safe Neighborhoods (PSN) grant program (Performance Period of January 1, 2015 -July 31, 2016) PERFORMANCE MEASURES FRESNO DISTRICT ATTORNEY'S OFFICE Goal: To create a safer neighborhood in Calwa by reducing gun violence and gun crime, and sustaining that reduction through a civil gang injunction. • Objectives: o Draft pleadings for proposed gang injunction o File complaint requesting injunction with Superior Court o Litigate complaint for proposed injunction o Conduct community engagement trainings on injunction • Measurements: o Number of services completed o Total PSN cases reviewed in zone o Total PSN cases prosecuted FRESNO SHERIFF'S OFFICE Goal: To create a safer neighborhood in Calwa by reducing gun violence and gun crime, and sustaining that reduction through a civil gang injunction. • Objectives: o Assist with data collection of crime committed by target gang in community o Design boundaries of proposed safety zone o Conduct survey of resident'slbusiness owners/employees of proposed safety zone o Document evidence for gang injunction litigation o Service of complaint on alleged gang o Serve injunction order on valida~ed, active members of defendant gang o Complete follow-up survey of residents, business owners/employees \ • Measurements: o Total felony arrests in zone o Total search warrants served in zone o Total probation/parole searches conducted in zone o Total firearms recovered in zone o Number of resident/business complaints regarding target population o Number of services completed Goal: Reduce the occurrence of violent gang-related incidents through both reactive and proactive efforts supported by enforcement planning coordinated with federal, state and local law enforcement and informed by data and real-time intelligence. • Objectives: o Conduct assessment of data and report to PSN partners o Respond to data driven target zones with enforcement operations on gang members, uhot spots", and uhot people" based on data analysis by CSUF Research Team o Develop scalable PSN Gun/Gang Violence training o Design PSN Gun/Gang training materials o Present scalable PSN Gun/Gang training to individual criminal justice agencies suitable. o Present scalable PSN Gun/Gang trainings to community partners • Measurements: o Number of training planning meetings o Number of trainings conducted o Number of training attendees Exhibit C AGREEMENT 1 2 3 THIS AGREEMENT is made and entered into this 31sT day of ([)do-b-ert-, 2013, 4 by and between COUNTY OF FRESNO, a Political Subdivision of the State of California, 5 hereinafter referred to as "COUNTY'', and CITY OF FRESNO, a California municipal corporation, 6 hereinafter referred to as "CITY''. 7 8. ··w I T N E S S E T H: 9 WHEREAS, COUNTY operates and maintains the Fresno County Jail ("Jail") through 10 its Sheriff's Office ("Sheriff'); 11 WHEREAS, CITY desires to house certain arrestees at the Jail; 12 WHEREAS, COUNTY is willing to reserve five bed spaces for the purpose of housing 13 CITY's arrestees as provided herein. 14 NOW, THEREFORE, in respect of the mutual promises contained herein, the 15 sufficiency of which is acknowledged, the parties hereto agree as follows: 16 1. TERMS AND CONDITIONS 17 A. Five (5) bed spaces shall be reserved by COUNTY for housing CITY's 18 arrestees as provided herein. Unless modified pursuant to Section 6 "MODIFICATION", the total 19 number of bed spaces shall remain at five (5) at all times this Agreement is in effect. 20 B. CITY shall be responsible for making timely payments to COUNTY as set 21 forth·in Section 4 "COMPENSATION/INVOICING". 22 C. Prior to or at the time an officer of CITY's Police Deparbnent presents an 23 arrestee for booking at the Jail, CITY shall inform the Sheriff's Jail Watch Commander of CITY's 24 intent to make use of one of the five (5) bed spaces for purposes of housing the arrestee. The Jail 25 Watch Commander shall be available 24n at telephone number 600-8440 for this purpose. 26 D. Upon being informed of CITY's intent to make use of one of the five (5) 27 bed spaces to house an arrestee, the Jail Watch Commander shall determine whether one of the· 28 bed spaces is available for such purpose. The Jail Watch Commander shall inform the officer JAIL BED SPACE AGREEMENT BElWEEN THE CITY OF FRESNO AND COUNTY OF FRESNO, 2013-2015 -1- ·I. I i l i f I' l !. r I I I· r • 1: I i ! I. ! ! !- ! 1 from CITY's Police Department of whether one of the five (5) bed spaces is available. If one of the 2 five (5) bed spaces is available the Jail Watch Commander shall inform Jail staff and the officer 3 from CITY's Police Department that the arrestee may be housed in one of the five (5) bed spaces. 4 In the event that bed space is unavailable for any reason other than CITY's use of all five (5) bed 5 spaces, the Jail Watch Commander shall make such bed space available for the CITY arrestee 6 after being informed of CITY's intent to make use of such bed space, or in the alternative, CITY 7 shall be refunded for those days such bed space is unavailable for use by a CITY arrestee. 8 E. The Sheriff shall not decline acceptance of an arrestee for housing in one 9 of the fiVe (5) bed spaces, or release an arrestee from the Jail once he or she is accepted for 1 0 housing in one of the five (5) bed spaces, for reasons related to the Federal Court Order. 11 F. CITY may only use the five (5) bed spaces to house an arrestee who is 12 charged with and awaiting trial on a local or state offense. 13 G. The Sheriff shall provide for the secure custody, safekeeping, housing, 14 Sllbsistence and care of CITY's arrestees housed in one of the five (5) bed spaces in a~rdance 15 with all state and local laws, standards, regulations, policies and court orders applicable to the 16 operation of the Jail. 17 H. If an arrestee housed in one of the five (5) bed spaces is released by the 18 Sheriff, COUNTY shall inform CITY of the arrestee's release and the reason for his or her release, 19 and CITY shall have the right to fill such vacated bed space with another CITY arrestee. Notice 20 shall be posted on the Sheriff's webpage along with other jail releases. 21 I. CITY's Police Department may inform the Jail Watch Commander at any 22 time of CITY's intent to no longer house an arrestee in one of the five (5) bed spaces. Upon the 23 Jail Watch Commander being so informed, the arrestee may be subject to immediate release for 24 reasons related to the Federal Court Order. 25 J. If an arrestee is removed from the Jail and taken to an outside facility for 26 medical treatment, the bed space used to house the arrestee under this Agreement shall remain 27 unavailable for use by another CITY arrestee at all times the arrestee remains outside the Jail for 28 medical treatment. JAIL BED SPACE AGREEMENT BE1WEEN THE CITY OF FRESNO AND COUNTY OF FRESNO, 2013-2015 -2- i· I j; ! ; 1 . K. CITY's Police Department may inquire with the Jail Watch Commander at 2 any time to determinate the availability of bed space. 3 L. No CITY arrestee shalt be housed under this Agreement at any Jail 4 facility constructed after the date this Agreement is entered into by both parties. 5 M. The terms of this Agreement shall in no way affect CITY's responsibilities 6 as the arresting agency with respect to each arrestee housed in one of the five (5) bed spaces. 7 2. TERM 8 This Agreement shall become effective on the1st day of November, 2013, and 9 shall terminate on the 3oth day of June, 2014. This Agreement may be renewed for a period of 1 0 one year upon agreement by both parties. 11 3. TERMINATION 12 A. Without Cause -This Agreement may be terminated by either party 13 without cause by giving written notice to the other party at least thirty (30) days in advance of 14 the effective date of such termination. CITY's Police Chief shall have authority to terminate this 15 Agreement on behalf of CITY pursuant to this paragraph. The Sheriff shall have authority to 16 terminate this Agreement on behalf of COUNTY pursuant to this paragraph. 17 B. Non Payment -COUNTY may immediately terminate this Agreement if 18 payment is not fully made by CITY pursuant to Section 4 "COMPENSATION/INVOICING", 19 Paragraphs A and B. 20 4. COMPENSATION/INVOICING: 21 A. CITY shall be charged at a rate of One Hundred and Four Dollars and 22 No/1 OOs ($1 04.00) per bed, per day. The total daily rate for the fiVe (5) bed spaces shall be 23 Five Hundred and Twenty Dollars and 00/1 OOs ($520.00). CITY shall pay such rate to 24 COUNTY regardless of whether any of the five (5) bed spaces are being used or otherwise 25 occupied by a CITY arrestee. However, in the event that one or more of the five (5) bed spaces 26 is unavailable for use by a City arrestee for any reason other than CITY's use of all five (5) bed 27 spaces, CITY shall be refunded for each day such bed space is unavailable for use by a CITY 28 arrestee. JAIL BED SPACE AGREEMENT BElWEEN THE CITY OF FRESNO.AND COUNTY OF FRESNO, 2013-2015 -3- I I r i i I !· J·. !" 1 B. CITY shall pay COUNTY prior to the start of each month for the five (5) 2 bed spaces, at the rates set forth in Paragraph A of this section, for each and every day of the 3 upcoming month. COUNTY's Sheriff shall invoice CITY for the five (5) bed spaces in advance 4 of the start of each month. Any refund owed to CITY as a result of the unavailability of any of 5 the five (5) bed spaces pursuant to Sections 1 (D) or 4(A) of this Agreement shall be applied to 6 reduce the amount owed by CITY for the upcoming month. Monthly payment by CITY is due 7 no ~ater than the 25th day of each month preceding the month payment is due. 8 C. In the event a CITY arrestee using one of the five (5) bed spaces 9 requires medical treatment at an outside facility, COUNTY shall inform CITY of such treatment 1 0 and transportation within six (6) hours of transportation or as soon as possible under the 11 circumstances. CITY shall pay an hourly rate of Thirty Seven Dollars and No/100s ($37.00) for 12 each guard assigned to a CITY arrestee when the arrestee is taken to an outside facility for 13 medical treatment. The number of guards to be assigned shall be at the sole discretion of the 14 Sheriff. Notwithstanding anything to the contrary in this Agreement, if CITY does not timely_pay 15 the full amount charged by COUNTY for such guard services, the CITY arrestee will become 16 eligible for release for reasons related to the Federal Court Order. COUNTY shall submit 17 · monthly invoices in arrears to CITY for such guard services. Invoices will be submitted within 18 fifteen ( 15) days of the end of each month. CITY shall pay COUNTY within thirty (30) days of 19 receipt of invoice for guard services. 20 D. Invoices submitted by COUNTY to CITY under this section shall be 21 addressed as follows: 22 City of Fresno Police Department 23 2323 Mariposa 24 Fresno, CA 93717 25 Attn: Business Office 26 Payments by CITY to COUNTY under this section shall be addresses as follows: 27 Fresno County Sheriff's Office 28 Attn: Business Office JAIL BED SPACE AGREEMENT BElWEEN THE CITY OF FRESNO AND COUNTY OF FRESNO, 2013-2015 L ! i i I I· I i i I ! f· i· I· I ' i ,. [ .. !:- ' I· i i' I• ! I ! i I J 1 I I I I I I I \' I. ! 1 P.O. Box 1788 2 Fresno, CA 93717 3 5. HOLD HARMLESS: COUNTY agrees to indemnify, save, hold harmless, and at 4 CITY's request, defend CITY, its officers, agents, and employees from any and all costs and 5 expenses, damages, liabilities, claims, and losses occurring or resulting to CITY in connection 6 with the performance, or failure to perform, by COUNTY, its officers, agents, or employees 7 under this Agreement, and from any and all costs and expenses, damages, liabilities, claims, 8 and losses occurring or resulting to any person, firm, or corporation who may be injured or 9 damaged by the performance, or failure to perform, of COUNTY, its officers, agents, or 10 employees under this Agreement. 11 CITY agrees to indemnify, save, hold harmless, and at COUNTY's request, 12 defend COUNTY, its officers, agents, and employees from any and all costs and expenses, 13 damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with the 14 performance, or failure to perform, by CITY, its officers, agents, or employees under this 15 Agreement, and from any and all costs and expenses, damages, liabilities, claims, and losses 1.6 occurring or resulting to any person, firm, or corporation who may be injured or damaged by 17 the performance, or failure to perform, of CITY, its officers, agents, or employees under this 18 Agreement. 19 In the event of concurrent negligence on the part of COUNTY or any of its 20 officers, agents, or employees, and CITY or any of its officers, agents, or employees, the liability 21 for any and all such claims, demands and actions in taw or equity for such losses, fines, 22 penalties, forfeitures, costs and damages shall be apportioned under the State of California's 23 theory of comparative negligence as presently established or as may be modified hereafter. 24 6. MODIFICATION: Any matters of this Agreement may be modified from time to time 25 by the written consent of the parties without, in any way, affecting the remainder. 26 7. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this 27 Agreement nor'their rights or duties under this Agreement without the prior written consent of the 28 other party. JAIL BED SPACE AGREEMENT BElWEEN THE CITY OF FRESNO AND COUNTY OF FRESNO, 2013-2015 -5- 1 8. INSURANCE: Without limiting the right of either party to obtain indemnification 2 from the other party or any third parties, it is understood and agreed that CITY and COUNTY 3 shall each maintain, at their sole expense, insurance policies or self-insurance programs 4 including, but not limited to, an insurance pooling arrangement and/or Joint Powers Agreement 5 to fund their respective liabilities throughout the term of this Agreement. Coverage shall be 6 provided for comprehensive general liability, automobile liability, professional liability, and 7 workers compensation exposure. Evidence of Insurance, Certificates of Insurance or other 8 similar documentation shall not be required of either party under this Agreement. 9 9. NOTICES: The persons and their addresses having authority to give and receive 1 0 notices under this Agreement include the following: 11 12 13 14 15 16 17 COUNTY Tom Gattie Fresno County Assistant Sheriff Fresno County Sheriffs Office 2200 Fresno Street P.O. Box 1788 Fresno, CA 93717 559-600-8136 CITY OF FRESNO Jerry Dyer Chief of Police Fresno Police Department 2323 Mariposa Fresno, CA 93717 559-621-2000 Any and all notices between COUNTY and CITY provided for under this_ 18 Agreement shall be in writing and shall be deemed duly served when personally delivered to one 19 of the parties, or in lieu of such personal service, when deposited in the United States Mail, 20 postage prepaid, addressed to such party. 21 22 23 24 25 26 27 28 10. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by COUNTY under this Agreement, it is mutually understood and agreed that COUNTY, including any_and all of the COUNTY's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the CITY. Furthermore, CITY shall have no right to control or supervise or direct the manner or method by which COUNTY shall perform its work and function. However, CITY shall retain the right to administ~r this Agreement so as to verify that COUNTY is performing its obligations in accordance with the terms and JAIL BED SPACE AGREEMENT BE1WEEN THE CITY OF FRESNO AND COUNTY OF FRESNO, 2013-2015 1 ••• i" t· I I· i i 1". I r I. \·. I ; ; !" i ! 1 conditions thereof. 2 COUNTY and CITY shall comply with all applicable provisions of law and the 3 rules and regulations, if any, of governmental authorities having jurisdiction over matters the 4 subject thereof. 5 Because of its status as an independent contractor, COUNTY shall have 6 absolutely no right to employment rights and benefits available to CITY employees. COUNTY 7 shall be solely liable and responsible for providing to, or on behalf of, its employees all 8 legally-required employee benefits. In addition, COUNTY shall be solely responsible and save 9 CITY harmless from all matters relating to payment of COUNTY's employees, including 10 compliance with Social Security withholding and all other regulations governing such matters. 11 It is acknowledged that during the term of this Agreement, COUNTY may be providing services 12 to others unrelated to the CITY or to this Agreement. 13 11. VENUE AND GOVERNING LAW: The parties agree that performance under this 14 Agreement shall be in Fresno County, California, for purposes of venue. The rights and · 15 obligations of the parties and all interpretation and performance of this Agreement shall be 16 governed in all respects by the laws of the State of California. 17 12. SEVERABILITY: In the event any provisions of this Agreement are held by a 18 court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of 19 this Agreement will nevertheless continue in force and effect without being impaired or invalidated 20 in any way. 21 13. INTERPRETATION: The parties acknowledge that this Agreement in its final 22 form is the result of the combined efforts of the parties and that, should any provision of this 23 Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by 24 construing this Agreement in favor of or against either party, but rather by construing the terms in · 25 accordance with their generally accepted meaning. 26 14. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement 27 between the CITY and COUNTY with respect to the subject matter hereof and supersedes all 28 previous agreement negotiations, proposals, commitments, writings, advertisements, publications, JAIL BED SPACE AGREEMENT BElWEEN THE CITY OF FRESNO AND COUNTY OF FRESNO, 2013-2015 -7- ... ; !-" ' ;<" ( I· t. ,. ;, I· \: I 1 and understanding of any nature whatsoever unless expressly included in this Agreement. 2 Ill 3 Ill 4 Ill 5 Ill 6 Ill 7 Ill 8 Ill 9 Ill 10 Ill 11 Ill 12 Ill 13 Ill 14 Ill 15 Ill 16 Ill 17 Ill 18 Ill 19 Ill 20 Ill 21 Ill 22 Ill 23 Ill 24 Ill 25 Ill 26 Ill 27 Ill 28 Ill JAIL BED SPACE AGREEMENT BElWEEN THE CITY OF FRESNO AND COUNTY OF FRESNO, 2013-2015 -8- r I .. I r ' !. !• r I f. r· 1- i 1-· I i l I· I : i I 1- l· 1- i• ! i· l 1-, I ! 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day 2 and year first hereinabove written. 3 4 CITY FRESNO 5 ~ 7 ~~~~~~~~~~~~~~--- 8 9 ATTEST: Yvonne Spence, CMC 1 0 City Clerk, City of Fresno 11 12 13 14 BY: ~/8uu.-'"l- Deputy 15 APPROVED AS TO LEGAL FORM 16 17 18 19 20 21 22 23 24 25 26 27 28 Date COUNTY OF FRESNO Henry Perea, Chairman, Board of Supervisors DATE: REVIEWED & RECOMMENDED FOR APPROVAL TO ACCOUNTING FORM Vicki Crow, Auditor llerfTreasurer-Tax Collector APPROVED AS TO LEGAL FORM ~11-'l--C~ Kevin Briggs, County Counsel JAIL BED SPACE AGREEMENT BETWEEN THE CITY OF FRESNO AND COUNTY OF FRESNO, 2013·2015 -9- i:: l I-I. I ~- i I i ! I I I. !. f• ' I I I ! i l· i. i" ,. l ! i ' JAIL BED SPACE AGREEMENT BElWEEN THE CITY OF FRESNO AND COUNTY OF FRESNO, 2013-2015 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGT. # 13-682-1 FIRST AMENDMENT TO AGREEMENT This Amendment I to Agreement ("Amendment I") is made and entered into this 11-tb day of .:flM\L , 2014 by and between COUNTY OF FRESNO, a political subdivision of the State of California, Fresno, California ("COUNTY"), and CITY OF FRESNO, a California municipal corporation ( "CITY"). WITNESSETH: WHEREAS, COUNTY and CITY entered into an Agreement dated October 31, 2013, ( "Agreement"), pursuant to which COUNTY agreed to reserve five bed spaces for the purpose of housing CITY's arrestees in COUNTY's Adult Detention Facilities; and WHEREAS, the original Agreement provided a termination date of June 30, 2014 with an option to renew for a period of one year upon agreement by both parties; and, WHEREAS,. COUNTY and CITY now desire to amend the Agreement in order to exercise the option to renew the agreement through June 30, 2015. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, COUNTY and CITY agree to amend the Agreement as follows: 1. Section 2, "Term" is deleted in its entirety and replaced with the following: 'This Agreement shall become effective on the 1st day of November, 2013 and shall terminate on the 30th day of June, 2015." This Amendment I will be effective as of the date written first above. COUNTY AND CITY agree that upon execution of this Amendment I, the Agreement and this Amendment I together shall be considered the Agreement. The Agreement, as hereby amended, is ratified and continued. All provisions, terms, - 1 - r:. !·. r· i-" i' i 1·. I j. ;:. !·: 1 .. r ( r i !