HomeMy WebLinkAboutFresno Police Dept Joint Agmt with Clovis Huron Coaling a Mendota Firebaugh Kerman Kingsburg ReedleyAGT. # 13-566
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF FRESNO, CITY OF CLOVIS, CITIES OF HURON, COALINGA,PARLIER, REEDLEY, SELMA, SANGER, KERMAN,- KII{CSEU NG, O'NNTVCC COVE,FIREBAUGH, FOWLER, MENDOTA AND COUNTY OT ÉNCSruOBOARD OF STATE AND COMMUNITY CORRECTIONS (ESCC)
This Agreement is made and entered i
referred to as ClTy).
WHEREAS, the Governor's 2012 and 2013 State Budgets allocated to local lawenforcement statewide for front rine law enforcement needs (the ,,prägrãr;;1, áno .\
WHEREAS, the State has legislatively identified these funds for a three year (3) period,and continuance of the Program is-contingént upon availability of future funding, and shouldfunding cease, all parties have the option -to continu" oi dir"ontinue their participation in thisprogram; and
WHEREAS, each governing body, in performing governmental functions or in paying forthe per-formance of governmental functions i'rereundei Ër.'"ll make tnat pàrrormance or those
:;åt"ntt only from current Program revenues annually appropriated and ävailable to that party;
WHEREAS, each governing body finds
best interests of all parties, that thé undertakin
costsiallocation of funds fair
for the services or functions
filing system through continu
; and
WHEREAS, E-filing will allow for cost savings for the clTy, clTlES, and CLoVISthrough reduction of staff and transportation costs; and"
WHEREAS, the CITY, ClTlES, CLOVIS and COUNTY believe it to be in their bestinterests to allocate the BSCC funds on the terms herein; and
WHEREAS, the CITY, ClTlES, CLOVIS and COUNTY agree to compty with allrequirements of the Program and in accordance with all applicable statutes, regulations, OMBcirculars, and guidelines.
NOW THEREFORE, in consideration of the above recitals which are contractual innature, and of the mutual promises contained herein, the couNTy oF FRESNo, clilÈö,CLOVIS and GITY agree as follows:
Section L
The E-filing system shall consist of the
District Attorney will have access to these fold rney to initiate criminal charges' The office of the
out hard copies of the evidence and papenrvor ffd,
wtll nrint
Attorney's filing deputies. One a filing decision
will notify the submitting agency, and will then strict Attorney
the case back to the submitting asency ror rurth lirllii;ìillcharges.
Section 2.
This Agreement is intended to set forth t
2015 Program allocation only. ClTy will make it
pursuant to this Agreement by September 1
parties, whichever is later. This Agreement
allocations. This funding will cover, at a min
E-filing system for the fiscal years 2014-2016, as ouilined in Exhibit A.
ln the event Program funding ceases, clTY, CITIES & CLOVIS shall be responsible tofund their proportionate share of the cost of the E-filing system, such proportionate share to bedetermined by the number of cases clTY, clTlES a cr-óvrs submits foi review to the office ofthe District Attorney- ln the alternative, a party may opt out of the E-filing systãm If the number ofparties opting out of the E-filing system is such thãt ftrere are insufficient funds allocated toachieve the operational requirements of the E-filing system, as determined by the Office of theDistrict Attorney, the office of the District Attorney-máy, upon its option, discóntinue the E-filingprogram. All other costs incurred by any party as a reéult of this Agreement shall be the soleresponsibility of that party.
Section 3
rty, without cause, upon the giving of thirty
of an intention to terminate. Upon any súch
nt of the terminating party will be returned to
ounting principles.
Section 4.
- Contingent lpol State funding being available, the CITY agrees to allocate to thecouNTY an amount of Program fundJto covér costs associated with i-he implementation of the
E-Filing system by the office of the District Attorney; to include the hiring of eight (g) staffassistants and one supervising office assistant as émployees or ¡¡'" öäice of the DistrictAttorney, printers, network fees and associated costs, offìce'supplies and materials toward theimplementation of the e-filing processes, in the ,rornt for year one of $4gg,623, such amountand costs shown in Exhibit A.
Section 5.
contingent upon State funding being available, The CITY agrees to allocate to the City ofCLOVIS Police Department the amount oi$g2,300 of program tùnOs for the hiring of a CrimeAnalyst as an employee of the Clovis Police Department to develop and maintain an active database that can be shared regionally between munìcipalities, training and other operational needs toinclude hardware, software and data sharing capåbitities. costð are shown in Exhibit A underCLOVIS.
Section 6.
contingent upon state funding being available, The clTy shall use the remaining$448,677 of Program funds to hire Crime -Analysts and purchase software and hardwarenecessary for the C11me Analysts related to Quántitative Social Science data analys¡s anocollection' ClrY wilf hire five (5) Crime Analysts as employees of the Fresno police
Department to develop and maintain an activemunicipalities. One of the five Crime Anal
Department and be supervised by a Kingsburg
Eastern Cities in the County. The four other Cii
Department and supervised by a Fresno police
wifl be focused on Fresno metropolitan crime da
housed in the Fresno police Department and ad
also be allocated toward training in the collecprovide systematic analysis for identifying and
disorder, and for costs associated with ihe-development and operational needs of the program.Costs are shown in Exhibit A under ClTy.
Section 7.
Nothing in the performance of this Agreement shall impose any liability for claims againstCITY, COUNTY, ClTlES, or CLOVIS other than claims for which liability may be imposed by theCalifornia Tort Claims Act.
Section 8.
^ For the purpose of this section, PUBLIC ENTITY shall be defined to include COUNTy,ClTlES, and CLOV|S.
PUBLIC ENTITY shall indemnify, hold d each of itsofficers, officials, employees, agents and volu
sis and dãmases ( :'?î.',lt; .t ïiinjury, death at an
oihér person, and jJ jî: fiïlor e.quity (including attorney's fees and litigation exþenses), arising direcfly or indirecly from thenegligent or intentional acts or omissionð of PUBLIC ENTITY o-r any oi its officers, officials,employees, agents or volunteers in the performance of this Agreement.
CITY shall indemnify, hold harmless and defend PUBLIC ENTITY 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 butnot limited to personal injury, death at any time and property damage) incurred by CltV,
PUBLIC ENTITY 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 directly or indirecfly from the
negligent or intentional acts or omissions of CITY or any of its officers, officials, employees,
agents or volunteers in the performance of this Agreement.
ln the event of concurrent negligence on the parl of PUBLIC ENTITY or any of its
officers, officials, employees, agents or volunteers, and CITY or any of its officers, ófficials,
employees, agents or volunteers, the liability for any and all such claims, demands and actionsin 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 presen¡y
established or as may be modified hereafter.
This section shall survive termination or expiration of this Agreement.
Section 9.
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 absoluteiy no right to
employment rights and benefits available to the other party's employees. Each party sháll 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. ln addition, each party shall
be solely responsible and save the other party harmless from all matters relating to payment of
each pafty'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 líability that may arise from lhe furnishing of
the services by the other par1y.
Section 10.
The parties to this Agreement do not intend for any third party to obtain a right by virtue
of this Agreement.
Section 11.
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 creáte any
rights in any party not a signatory hereto.
Section 12.
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 seryice, when deposited in the United States Mail, postage
prepaid, addressed to each party at the address provided on the signature page of tñis
Agreement.
Section 13.
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 anã
data with respect to the matters covered by this Agreement for a period of three (3) years
4
following Program expiration. lf payments made pursuant to this Agreement exceed ten
thousand dollars $(10,000.00), the parties shall be subject to the examination and audit of the
Auditor General for a period of three (3) years after final payment under this Agreement
(Government Code section 8546.7).
Section 14.
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 15.
The padies 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 16.
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 on the
subject matter hereof unless expressly included in this Agreement. Any amendment must be in
writing and approved by all parties.
Section 17.
Each party represents that it and the person signing on its behalf has full authority to execute
and enter into this Agreement. This Agreement may be executed in counterparts.
o This Agreement is subject to ratification by the approval of the Fresno City Gouncil,
Glovis, Huron, coalinga, Firebaugh, orange cove, Reedrey, parlier, Kerman,
Kingsburg, Fowler, Selma, Sanger, Mendota City Gouncil and the Fresno County
Board of Supervisors.
lN WITNESS WHEREOF, the parties hereto have executed this Agreement in Fresnocounty, california as of the day and year first hereinabove written.
ATTEST:
WONNE SPENCE
City Clerk
By: &,Å*ßr,1,-puty /aog
APPROVED AS TO ORM:
DOUGLAS SLOAN
City
By:
Address: City of Fresno
Attn: Chief Jerry Dyer
Fresno Police Department
2323 Mariposa Street
Fresno, CA93721
CITY OF CLOVIS
ATTEST:
BERNICE E. SEIDEL, Clerk
Board of Supervisors
REVIEWED & RECOMMENDED
FOR APPROVAL:
By
v
APPROVED AS TO LEGAL FORM:
KEVIN BRIGGS
APPROVED AS TO ACCOUNTING
FORM
Vicki Crow, C.P.A.
Aud ito r-Co ntrol le r/Trea su re r-Tax Co I I ecto r
By:
Address: County of Fresno
Attn: Elizabeth Egan
Fresno County District Attorney
2200Tulare Street, lOth Floor, STEIOOO
Fresno, CA93721
, Chi f Police
COUNTY OF FRESN
APPROVED AS TO FORM:
Attorney for City of Clovis
By:
David Wolfe
Address: City of Clovis
Attn: Chief Janet Davis
Clovis Police Department
1233 Fifth Street
Clovis, CA 93612
CITY OF MENDOTA
Address:
City of Mendota
Attn: Chief Jerry Galvan
Mendota Police Department
APPROVED AS TO FORM:
FOR APPROVAL:
Address:
County of Fresno
Attn: Margaret Mims, Sheriff
Fresno County Sheriff's Department
2200 Fresno Street
Fresno, CA93717
CITY OF FIREBAUGH
APPROVED AS TO FORM:
Attorney for City of Firebaugh
By
Name: ¡e Srnr f6
Address:
City of Firebaugh
Attn: Chief Elsa Lopez
Firebaugh Police Department
FIREBAUGH
/.r., l,
CITY OF PARLIER
By:
rn, ð11 tã EÇ ?a L
APPROVED AS TO FORM:
Attorney for City of Parlier
Address:
City of Parlier
Attn: Chief OF Police
Parlier Police Department
8770 S. Mendocino Avenue
Parlier, CA 93648
CITY OF SANGER
rv Srnrtu-.
Name: C,( ,ln?.rfo^ FhJlY
rne: Ct\/, L?t aa ater
APPROVED AS TO FORM:
Attorney for City of Sanger
By:
Name: -$ rnr F\
Address:
City of Sanger
Attn: Chief Silver Rodriguez
Sanger Police Department
1700 - 7th Street
Sanger, CA 93657
CITY OF COALINGA
Calvin Minor, Chief of Police
Deputy
APPROVED AS TO FORM:
Attorney for City of Coalinga
L¿ql-ct (ár.t þ ¡
Address:
City of Coalinga
Attn: Chief Calvin Minor
Coalinga Police Department
270 N. 6th Street
Coalinga, CA 93210
Name:
Luis Patlan
Title: Citv Manaqer
APPROVED¡S TgFORM:
By:
Name: -\ÀfX A. -B'-!^\
Address:
City of Kerman
Attn: Chief Joseph Blohm
Kerman Police Department
850 S. Madera Avenue
Kerman, CA 93630
City ClerK-,,---'
10
By
Name. lF à **
APPROVED AS TO
Attorney for City of
Title: C(f ( E-F
JName:
Address:
City of Kingsburg
Attn: Chief Jeff Dunn
Kingsburg Police Department
APPR TO FORM:
of HuqonAttorney
By:
Name:
Address:
City of Huron
Attn: Chief of Police
Huron Police Department
P.O. Box 339
Huron, CA 93234
APPROVED AS TO FORM:
Attorney for City of Reedley
By:9.* l. t¿..4
Name:
^d
Address:
City of Reedley
Attn: Chief Joe Garza
Reedley Police Department
843.G'Street
Reedley, CA 93654
CITY OF SELMA
3 na. tr
Name:A{o..- / //.--r--n -
Address:
City of Selma
Attn: Chief Greg Garner
Selma Police Department
1935 E. Front Street
Selma, CA 93662
11
D S TO FORM:
r City of Selma
CITY OF ORANGE COVE
APPROVED AS TO FORM:
Attorney for City of Orange Cove
Address:
Name: &-,/rzl/'r)t
Name:+hl,dL O.u't* Wttu'hl
CITY OF FOWLER
David Elias
Title: Citv Manaoer
APPROVED AS TO FORM:
Attorney for City of Fowler
Name: Davtd W ul?
Address:
City of Fowler
Attn: City Manager, David Elias
Fowler Police Depafiment
12
BIT A aty Cost Year 1
County District Attorney
Assistant /salary w¡th fringe
Office Assistant
Rental Desk top computer with network
19" flat screen monitor
Voice Over lP phone
O&M for county vehicle
ser Printer
FS C865ODN cost per page black and white
Kyocera FS C865ODN cost per page color
Printer LAN charge/connection Fee (S39.73/mo/device
Printer l-Net Line Charge/network Fee (516.l8/mo/device
Server (1TB@9.308l/GBXsplit drive & mirror)
per supplies
pler heavy duty
ples/office supplies
otal
of Clovis
Analysts / salary w¡th fringe
is bosed on FPD projected soløry, it moy vory slightly os their fringe
is less; ony odjustment moy be used for operotionol costs
Hard ware and software necessary for data collection and
sharing, and training
otal
Fresno C¡ty Pol¡ce Department
Crime Analysts / salary w¡th fr¡nge
Hard ware and software necessary for data collection and
sharing
Development, training and Operational costs
raining
otal
8
L
9
9
9
t
3
t
L
39,395.65
81,812.00
L,94!.96
t92.86
L38.24
7,800.00
5,620.00
7,220.OO
8,543.36
476.76
3 194.L6
2 9,531.50
300 31.80
L 96.45
26 2.03
1 73,300.00
9,000.00
5 73,300.00
315,165.20
81.,812.00
17,477.64
t,735.74
t,244.t6
7,800.00
16,860.00
7,220.OO
8,543.36
t,430.28
s82.48
19,063.00
9,540.00
96.45
52.78
488,623.09
73,300.00
9,000.00
82,300.00
366,500.00
50,000.00
2L,892.54
LO,284.37
448,676.91
otal 1,019,600.00