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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