HomeMy WebLinkAboutRape Counseling Services of Fresno - Survivors of Sexual Assault and Family Violence - 2009Fri
on.eF cn, n q acyl
MEMORANDUM OF UNDERSTANDING
Mckii AQUoUt Women Act (VAWA) Semcgiti T" Officers Prosecutors (STOP)
Amenran Recovery end Reinvestment Act of 2009IRecevery Act) for the Sexual Auralt
Ssesibbed Response lung P I
This Memorandum of Understanding (MOU), effective as of September 1, 2009 as
Provided hereunder, is entered into by and betws n the City of Fresno, a California municipal
corporation, herein after reamed to as'Agency; and RCS - Resource Center for Survivors of
Sexual Assault and Family Violence, a California nonprofit corporation, herein after referred to
as -RCS -
JS9VdFs
WHEREAS, Agency has submitted an applicbtian to the California Emergency
Management Agency ('CeIEMA'), Law Enforcement and Victim Services Division for $203.845,
in grant funds through Me 20M Gram Funding Cycle — Sexual Assault Specialized Response
Unit Program (united by the federal Violence Against Women Ad (VAWA) Services Training
Officers Prosecutors (STOP) American Recovery and Reinvestment Ad of 20M (Recovery Act)
- herein after referred to as the 'Program; incorparated by reference herein, and
WHEREAS, the Program is intended to improve Me response to victims of sexual
assault through the fhamugh investigation of the inWdent and immediate and Wei services
to the victim: and
WHEREAS, upon award W gram funds and entry by Agency into a grant agreamem
('Grant') with the State of California consistent with the Program, the Agency intends through its
Police Department ('FPD') to work with the RCS for the purpose of providing maximum
available assistance for sexual assault victims adding within the City of Fresno including
investigation, immediate victim advocacy, and training for law enforcement officersl and
WHEREAS, the Agency and the RCS believe that implementation of the Grant funded
Program as described herein will further Me above goals and to this end agree to coordinate
and provide the seMces referenced herein.
AGREEMENT
NOW, THEREFORE, in consideration of the above redfals, which recitals are
contractual in nature, the mutual covenants herein contained and such other and further
consideration as is hereby acknowledged. and subject to the terms and conditions and
provisions of the Program and this MOU the parties mutually agree as follows'
1. DESIGNATED CONTACT PERSONS
Agency: RCS:
Fresno Police Department Resource Center for Survivors of Sexual
Family Justice Bureau Asasud and Family Violence.
Sgt. Nina Jacobs Shifty Sanchez, Executive Director
2323 Mariposa Mall 259 N. Blackstone Ave.
Fresno„ CA 93721 Fresno, CA 93701
-I-
2. ROLES AND RESPONSIBILITIES
A. FPD, subject to all applicable constitutional and coal law requirements, shall act as the
lead agency in coordinating the activities of the Program to target sexual assaults. FPD shall
identify victims and families to be served by this Gram. The detectives shall provide specialized
investigation into sexual assault cases to enhance the prebbillty of successful prosecution.
FPD shall provide training on police procedures, office space, office furniture, office supplies
and telephones to RCS for use by the RCS advocate herein after referred to as a Special
Liaison Advocate. These items shall be located at and maintained by, FPD. FPD
representatives will attend monthly meetings with the RCS staff to assess progress and rind
solutions to problems. FPO shall be responsible for ensuring Mat the following Performance
standards, as detailed in the Guam application, are met:
o The FPD Sax Crimes Unit detective wit investigate sexual assaults and
specialize in these roses In which alcohol/drug imoxlcahon has complicated the
investigation and potential bwwCu on of the case.
o The Special Liaison Advocate will Provide or arrange for victim accompaniment
at forensic medical examinations (249), crisis intervention (249), in-person
counseling, accompaniment with law enfomamenl, medical, and court, as
needed.
o The witedive will have their Irm nnediate POST certificate and advanced forty
hour sexual assault training in accordance with Penal Code 13516-13519 et al.
In addition, they will have attended an eighty -hour basic investigation course with
the, Robert Presley IrrsNute and a forty -hour interview and intemgation course
with the Behavior Analysis Training Institute.
o The Special Ualson Advocate will meet the requirements of a sexual assault
counselor as defined by the Evidence Cade 1035-1036.2.
o The detective and Special Uaison Advocate will attend the 2009 California
Sexual Assault Investigators Association fall training class and a Drug Fadlitatad
Sexual Assault class within twelve months of operation.
o The detective and Special Liaison Advocate will Wend daily unit briefings with
other detectives.
o The detective and Special Liaison Advocate will attend monthly Sexual Assault
Response Team (SART) meetings for a minimum often SART meetings a year.
o The detective will investigate at least ten sexual assault cases a month.
o The Special Liaison Advocate will provide services to at least twamy sexual
assault victims a month.
o The Sexual Assault Grant supervisor will meet with the District Attorney's Office
and DOJ Bureau of Forensic Services, a minimum of once every three months,
to discuss and prioritize weal.
o The Sexual Assault Grant supervisor will complete a monthly statistical report for
the Bureau Commander
B. RCS shall recmlt hire and train a full-time exempt Special Liaison Advocate to be
stationed at the FPD's Sexual Assault Unit for the duration of this MOL. RCS will adhere to
CalEMA's Service Standards regarding [raining, certification and supervision of this Special
Liaison Advocate. RCS shall contract with a qualified agency to conduct DOJ Lhre Seen
Fingerprint Service and Subsequent Arrest Notification Service (any additional background
check services is required end provided by, the FPD). RCS Special Unction Allocate will be
stationed at FPO's Sexual Assault Unit from Monday through Friday, 7'00am—4:DDpm.
-2-
RCS Special Liaison Advocate shall adhere to the following:
o FPDb'rail out- protocol when responding to sexual assault cases dung normal
working hours, weeknights and weekends, as detenninedla creed upon by RCS
and FPD.
o Work in conjunction with RCS Advocacy Project Manager to ensure Provision of
quality services as mandated by CaIEMA, to sexual assault victims and their
families
o Document all client contact and maintain all pertinent client -related data as per
RCS protocols (Including RCS'Client Contact Form and other database soRware
entries).
o Follow/adherelenforce RCS agency policies and CsIEMA's Service Standards.
o Attend monthly Sexual Assault Response Team (SART) Meetings.
o Attend monthly RCS mandatory staff Meetings and/or other designated
meetingsllrainings.
o Must be available every other weekend or Mm weekends out of a four week
Period to serve as RCSCrisis Line Response Advocate and serve as 'back up -
for Emergency Response an those weekends. (Must collaborate with RCS'
Community Service Pmjecl Manager regarding this achedole).
o Shall W reachable by phone (including mobile phone when oN in the held) at all
on-0uty hours and other timer only as requested and agreed upon by site
supervisors of both agencies.
o Other dull as assigned and determined by RCS' Advocacy Project Manager,
RCS Directors, and FPD.
3. REIMBURSEMENT FOR PROGRAM ACTMTIES
A. For the aforementioned services, the Agency agrees to reimburse RCS solely from
allocated and available Program Grent funds for eligible poets Incurred by RCS In Prrreu:
hereof, in an amount not to exceed $78,122 In accordance with the Program budget submitted
by Agency to include the Special Liaison Advocate's salary, fringe benefits, mileage, and
administrative costs.
8. Payment shall be contingent on Agency's receipt of an undisputed invoice and any
reports and substantiation materials required by the Agency.
C. If RCS should fail to comply with any Provision of Bre MOU, the Agency shall be relieved
of he obligation for further compensation.
D. Nothing in this MOU shall commit the taxing authority or general fund of the Agency.
4. MOU EFFECTIVENESS, TERM AND TERMINATION
A. The effectiveness M this MOU is contingent upon Agency receiving the Grant award.
The pates shall be committed to the Grant Program for the entire funding cycle commencing
September 1, 2009 and ending February 28, 2011. RCS acknowledges and agrees thatfunding
through the life Mthe Grant is dependent upon satisfactory performance by RCS and availability
offunds.
B. Subject to the foregoing, the harm of the MOU is for an eighteen months funding cycle
Program commencing September 1, 2009 and ending February 28, 2011.
- 3 -
C. Notwithstanding the Megoing, this MOU shall automatically suspend or terminate upon
AgencY's wriden notice to RCS 0 any of me fallowing events (i) Program or Grant termination,
(ii) any non -appropriation or non-allopXon of Grant funding required In pursuit hereof, (iii) RCS'
illegal or improper use of funds, (iv) RCS' failure to comply with any term of this MOU, (v) RCS'
submittal of any substantially intoned or incomplete itemized invoice required for
reimbursement, (vi) RCSfailure to comply with Federal Drug/Alcohol regulations.
D. Disputes between the FPD and the RCS shall be resolved at the lowest operational level
possible. The designated FPD grant manager assumes overall responsibility and authority to
resolve disputes to ensure compliance with the Grant application and this MOU. CaIEMA is not
responsible or obligated to, or for, RCS and will not Intervere In disputes between FPD and
RCS.
5, TARGET POPULATION
Services provided under this Grant Program shall be directed to sexual assault victim residents
and their families of the City of Fresno who are vic ims of felony comes involving sexual
assaults.
S. RESOURCES
A. FPD will provide:
• One Sex Crimes Unit detective,
• A Police Sergeant to provide on-site supervision M the sexual assault unit:
• Office spare, telephone, vehicles for detectives, office supplies, and
• OBice space, access to vehicles, computer and telephone for the RCS Special Liaison
Advocate.
B. RCS will provide:
• One Rape Crime Special Liaison Advocate dedicated to servicing victims who are
residents of the City of Fresno,
• Sucervision and training by RCS desgnatetl staff. and
• Access for victims, identified by FPD, to netted RCS services within existing RCS
policies and procedures.
7. RECORDKEEPING AND PERFORMANCE DATA
RCS shall keep proper records of, and submit to the Agency each quarter, the following data:
• Number N Months — Proper documentation of the number of victims served by the
RCS Special Uaison Advocate, including number of cases reported, crisis intervention
(In-person and fallow up), advocacy, accompaniment, counseled and all other
assistance.
RCS shall provide any monthly and quarterly reports, and any certifications as required by the
Agency
-4-
8. FINANCIAL REPORTING, AUDITING AND DOCUMENT RETENTION
A. RCS shall submit an invoice to FPD no sooner than 5 days following the end of eaNM
month for all eligible expenses incurred In the preceding morM. Payment shall Occur within 7
working days of receiving CINEMA reimbursements. Failure to provide complete and timely
invoices will result In delay of payment. Invoice documentation shall include the following:
• A breakdown of expenditures by cost category', and
• Copies of all purchase borers, requisitions, and payroll statements.
B. RCS shall maintain accurate, complete, emery and separate resume for the Program.
Records of RCS expenses pertaining to the Program shall ba kept on a generally recognized
accounting basis. All records shall be available to Agency CaIEMA, the Comptroller General of
the United States, or any of their authorized representatives upon request dump regular
business hours throughout Me life of this I and for a periotl of three years after final
Payment or, if longer for any pared required by law or the Gram. In addition, all books,
documents, papers, and record; of RCS pertaining to the Program shall be available for the
puryose Of making audits, examinations, excerpts, and transalptions for the same period Of
time. This paragraph shall survive expiration or termination of this MOU.
9. COMPLIANCE WITH GOVERNING l W AND GRANT
A. RCS shall at 211 rimes comply with all applicable laws of the United States, the State of
Cafrfomia and Agency, and with all applicable regulation; Promulgated by federal, state,
regional, or local administrative and regulatory agencies, now in force and as they may be
enacted, Issuer or amended dung the term of this NOW RCS acknowledge; receipt of a
copy of the Grant and agnses to comply with all applicable provisions thereof (including, will
limitation, the terms of the Program and the CaIEMA Recipient Handbook), and cooperate with
Agency in meeting the requirements thereunder.
B. The services promced by RCS under this MOU are over and above the RCS' budgeted
P01iffil The parties agree that Grand funtls shall not be used to replace funds of, or positions
otherwise funded by, the RCS.
C. As applicable, costs and expenditures meet be allowable In accordance with OMB
Circular A-87, Cost pdnciPles for state, local erM Indian TmW Governments Grant funds are
subject to the Single Audit Ad Amendments of 1995 and the OMB Circular, A-133, Audits of
states, focal governments and nroo-prpllf onganizefions.
D, By signing this MOU, RCS certifies under penalty of pequry under the laws of Me State
Of California that (i) Gram funds shall not be used for Me purpose of lobbying, as required by
Section 1352, This 31 of the U.S. Code, and Implemented as 28 CFR Part 89; (ii) RCS will
comply with Me Dmg-Free Workplace Am of 1990 (Cakfomia Government Code sections 8350-
8357) and Me Federal Drug -Free Workplace Act of 1988 (41 USC 701); (iii) RCS will adhere to
Federal Executive Order 12548, Debarment and Suspension; (iv) RCS is not listed on any
fetlerel or state list of Indiiduals or organamion debarred from receiving a contract or grant or
having ds ccntred Or grant cancelled due to failure to comply with respective contract or grant
Provisions. RCS shall compete and submit to City all applicable forms required by the Gram
including without limitation, a Drug -Ree Workplace Certification form (STD 21)
- 5 -
E. RCS shall post notice of the rights and remedies provided to state and 1=1 government
and contractor whisfieblowers as set forth in Section 1553 of the Recovery Ad and shall ensure
that its contractors and subcontractors performing work hereunder poet such notices.
10. CAPACITY OF AGENCY AND RCS
A. In the furnishing of the services provided for herein, RCS is acting solely as an
independent contractor. Neither RCS, nor any d its ofianm, agents or employees shall be
deemed an officer. agent, employee, joint venturer, partner or associate of Agency for any
Purpose.
B. Because of its status as an independent contractor, RCS and its officers, agents and
employees shall have absolutely no ngM to employment rights and bariefRs available to Agency
employees. RCS shall be solely liable and responsible for all payroll and tax withholding and for
providing to, or on behalf of, its employees all employee benefils including, wtthout limitation,
health, weffam and retirement benefds. In addition, together with has other obligations under this
MOU, RCS shall be solely matchable. indemnify, defend and save Agency harmless from all
maters re[ahrg to employment and lax vMhhol ing for and payment of RCS' employees,
including, without limdabon, (i) compliance with Social Security acct unemployment insurance
withholding, payment of workers compensation benefits, and all other layer and regulations
govemmg matters of employee withholding, taxes and payment: and (ii) any claim of ngla or
[Merest in Agency employment benefit¢, entitlements, pmgnams andfo funds offered employees
of Agency wfrother ansing by reason of any common law, tie facto, leaeed, or co- employee
rights or other theory. It is acknowledged that during this tam[ of this MOU, RCS may be
providing services to others unrelated to Agency or to this MOU.
11. COPYRIGHTS AND CALIFORNIA EMERGENCY MANAGEMENT AGENCY RIGHTS
TO DATA
All addvibes supported under Nie MOU are consideretl'lvork made for hire as defined
under Tiffe 17 USC Seoficn 101, and shall include but is not limited to, publications, original
mmputo programs, writings, sound recordings, pictorial reproductions, dresings or other
geographical repnesens" ons and woks of any similar nature. tydh regard to any %vork made
for hire; DaIEMA owns all rights comprised in the copyright, and therefore CaIEMA reserves a
mya[ty-free, nonexclusive and irrevocable license to reproduce, publish and use such materials,
in whole or in part, and to authorize others t0 do so.
12. INSURANCE
A. Throughout the life of this MOU, RCS shall pay for and maintain in full force and effect
all policies of insurance required hereunder with an Insurance companyhes) either (I) admitted
by the Calffomia Insurance Commissioner to do business in the State of California and rated net
less than "A- W in Bests Insurance Rating Guide, or III) authorized! by Agency's Risk Manager.
The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as
broad as Insurance Senecas Office (ISO) form CG 00 01 and shall include Insurance for "bodily
injury'. 'Property damage' and Teemonal and advertising injury. Including premises and
operation, products and completed operations and contractual liability (including, without
limitation, indemnify obligations under the MOU) with limits of hillbilly of not less than
$1,000,000 per occurrence and $2,000,000 general aggregate for bodiy injury and property
-6-
damage. $1,000,000 par occurrence for pemonal and advertising Injury and $2,000,000
aggregate for prorluds antl completed operations.
(i0 COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at
least as broad as the most current versdn of Insurance Semces Office (ISO) form CA 00 01
and shall include coverage for 'any auto" with limits a liability of not less man $1,01Y),ow per
accident for bodily and property damage.
(iii) PROFESSIONAL LIABILITY (Erom and Omissions) insurance
appropriate to the RPC's profession, with limits of liability of not less than $1,000,000.00
Per clairmoccurence and $2,000,000 policy aggregate.
Irv) WORKERS' COMPENSATION insurance as required under me California
Labor Code.
(v) EMPLOYERS' LIABILITY insummm (if RCS has employee(s) or at such
time as he/she employs such persons) during the Irfe of this MOU) with minimum limits of
$1,000,000 each accident. $1.000,000 disease policy lima and $1,000,000 disease sea
employee.
B. RCS shall ht responsible for payment of any deductibles contained in any insurance
policies required hereunder and RCS shall also be marionette for payment of any mlltinsured
retentions.
C. The above described polices of insurance shall be endorsed to provide an unrestricted
W calendar day written notice in favor of Agency of policy cancellation of coverage, except for
the Workers' Compensation policy which shall provide a 10 calendar day Milan notice of such
cancellation of coverage. In the event any policies are due to expire during the farm of mis
MOU, RCS shall provide a new certificate evidencing renewal of such policy not less man 15
calendar days poor to the expiration date d the expiring policy(ies). Upon issuance by the
insurer, broker, or agent of a notice of cancellation In coverage, RCS shall file with Agency a
new certificate and all applicable endorsements for such policy(im).
O. The General Liability and Automobile Liability Insurance policies shall be written on an
occurrence form and shall name Agency, Its offimre, officials, agents, employees and
volunteers as an additional insured. Such poticy(ias) of Insurance shall be endorsed so RCS'
insurance shall be primary and no contribution shall be required of Agency. In the evera claims
made forms are used for any Professional Liability coverage, either (i) pollcyfes) shall be
endorsed to provide not less than a 5 year docovery, ponod, or (ii) the coverage shall be
maintained for a minimum of 5 years following the termination or expiration M this MOU and the
requirements of this section relating to such coverage shall survive termination or expiration of
this MOU. Any Workers' Compensation insurance policy shall contain a waiver of subrogation
as to Agency, its officers. officials, agents, employees and volunteers. RCS shall have
furnished Agency with the cerilmor(s) and applicable endorsements for ALL required
insurance prior to Agency's execution of the MOLL RCS shall furnish Agency with copies of the
actual policies upon the request of Agency's Risk Manager and this requirement shall survive
termination or expiration of this MOU.
E. If at any time during me life of the MOU or any extension, RCS fails to maintain the
required insurance in full force and etled, all work under this MOU shall be discontinued!
-J.
Immediately, and all payments due or that become due to RCS shall be withheld until notice is
received by Agency that me required insurance has been restored to full form and affect and
that the premiums therefore have been paid for a period saM1s(actory to Agency. Any failure to
maintain the required insurance shall be sufficient muse for Agency to terminate Has MOU.
F. The fact that insurance is obtained by RCS shall not be deamed to release or diminish
the IiaWllly of RCS, including, without Imilhad, liability under the indemnity provisions of this
MOU. The duly to indemnity Agency shall apply to all claims and liability regardless of whether
any insurance polices are applicable. The pellcy limits do not ad as a Ilmgabon upon the
amount of indemnification to be provided by RGS. Approval or puldral d any insurenm
contracts or policies shall In no way relieve from liability nor limit the liability of RCS, Its
principals, officers, agents, employees, persons under the supervision of RCS, vendors,
suppliers, invitees, consultants, subconsultares, subcontractor, or anyone employed directly
or indirectly by any of them.
G. Upon request of Agency, RCS shall immediately furnish Agency with a complete copy of
any Insurance policy required under this MOU, including all erWormmenle, with said copy
banded by the underwriter to be a true and eared copy of the original policy. This requirement
shall survive termination or expiration of this MOU.
H. If RCS should subcontmd all or any portion of the services to be pertormd under this
MOU, RCS shall require each subcontractor to provide insurance Peterson in favor of Agency,
its (ARMS. officials, employees, agents ant vduMesM m accordance with the terms of each of
the preceding paragraphs, except that the subcentredors' ceNfimtes and endorsements shall
be on the with RCS and Agency prior to Are commencement of any work by the subcontractor
13. INDEMNIFICATION
A. To the furthest extent allowed by law, RCS shall indemnity, hold harmless and defend
Agency and each of is officers, officials, employees, agents and volunteers from any and all
loss, liability, fines, penalties, formures, cods and damages (whether in contract, tort or sthct
liability, including but not limited to personal injury, death at any time and property damage)
incurred by Agency, RCS or any other person, and from any and all claims, demands and
actions in law or equity (including attonrey's fees and litigation expenses), arising or alleged to
have ancon directly or indirectly DIA of padornanm of this MDU, RCS's obligations under the
preceding sentence shall apply regardless of whether Agency or any of its officers, officials,
employees, agents or volunteers are negligent, but shall not apply to any loss, liability, fines,
Penalties, forfeitures, costs or damages caused solely by the gross negligence, or mused by
the willful misconduct of Agency or any of IN offimre, officials, employees. agents or
volunteers.
B. If RCS should subcontract all or any portion ef me work to be performed under this
MOU, RCS shall require each subcontractor b indemnity, hold harmless and defend Agency
and each of its Officers, officials, employees, agents and volunteers In accordance with the
terms of the preceding paragraph.
C. This section shall survive termination or expiration of this MOU
IN
14. ATTORNEY'S FEES
If either party is required to commence any proceeding or legal action to entorce or interpret any
term, covenant or stanchion of this MOU, the prevailing party in such Proceeding or action shall
be entitled to recover from the other party ds reasonable aflomey's ease and legal expenses.
15. PROCEDENCE OF DOCUMENTS
In the event of any conflict between the body of this MOU and any exhibit hereto, the tarns and
conditions of the body of this MOU shall control and take precedence over terms and condgions
expressed within the exhibit. Furthermore, any terms or conditions contained within any exhibit
hereto which pursed to modify the allocation of reek between the parties, provided for within Bre
body of this MOU, shall be nun and void.
18. 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 deemetl to be duly given 8 delivered personally or depositetl into the
Unfied States mail, return receipt requested, with postage prepad, addressed to the party to
which notice is to be given at the pant's address set Porth in Sol 1 of this MOU or at sum
other address as the parties may from time to bee designate by wMten notice.
17. BINDING
Subject to Section 18 below, once this MOU Is signed by the parties, it shall be binding upon,
and shall Inure to Me benent of, the pariles, and each pant's respective heirs, successors.
assigns, transferees, agents, servants, employees and representatives.
18. ASSIGNMENT
There shall be no assignment by efthar party of its rghis or of gabons under this MOU without
the prior written approval M the other party. Any attempted assignment by a parry, ds
succaeaors or assigns, shall be null and void unless approved in wrong by the other party.
19. WAIVER
The waiver by after 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 smear the same or a
different provision cf this MOU. No provisions of this MOU may be waived unless In writing and
approved by and signed by all parties to this MDU. Waiver of any one provision herein shall not
be deemed to be a waiver of any provil herein.
20. GOVERNING IAW AND VENUE
This MOU shall be Rimmetl by, and constmetl and enhanced in accordance with, the laws of
the State of Caldomia, excluding, however, any conflict of laws rule which would apply the law
of amAherjurisdlction. 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
21. HEADINGS
The seclian headings in this MOD are for convenience and reference only and shall net be
construed of held in any way m explain, modify of add to the interyretdon or meaning of Me
provisions of this MOU.
22, SEVERABILITY
The provisions of this MOU are severable. The invalidity or unenforteability of any one provider
In the MOD shall not affect the other providers.
23. INTERPRETATION
The parties acknowledge that this MOU in its final form is the result 0 the combined efforts a
Me Parties and that, should any provision of Use 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 Me terms in acoomarce with their generelly accepted meaning.
24. CUMULATIVE REMEDIES
No remedy or election hereunder shall bs deemed exclusive but shall, whatever possible, be
wmudabve whh all Omer remedies at taw or In equity.
25. NO THIRD PARTY BENEFICIARIES
The rights, interests, duties and obligations defined within this MOU are irdended for the specific
parties hereto as identified in the preamble of thin MOLL Notwithstanding anything stated to the
contrary in this MOU, it Is not Intended that any rights or interests In Mis MOU benefit or flow to
Me interest d any third parties.
26 NONDISCRIMINATION
To Me 401(1 required by controlling federal, state and local lax, RCS shall not employ
discriminatory practices in Me 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 disabiltyy, medical condition, malas status, sex, age, sexual orientation, ethnicity, status
as a disabled veteran of veteran of the Vietnam ere. RCS Shall carry out applicable
requirements of 49 CFR gait 26 in the swam and administration of comment hereunder. Failure
by RCS to carry out these requitements is a matelot breach Of this MOD, which may result in
the termination of this MOU or such other remedy or sandon as may ba available. RCS will
include this paragraph In each of its subcontracts and require the same of its subcontractors.
27. ENTIREAGREEMENT
It is mutually understood and agreed Mat 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.
Ig-
.f
THIS MOU IS SUBJECT TO RATIFICATION By COUNCIL ACTION UPON AWARD OF
GRANTFUNDS.
IN WITNESS THEREOF, the parties have executed this MOU at Fresno, California cn the day
and year first above written.
City of Fresno, RCS - Resource Center for Survivors of
a California munidpal corporation Sexual Assault and Family Molanoe,
a Calif�aDm oo pro/M car aton
BY. sEs BY: yr i:hwp_ - La-sP=o9
Jerry eq Chi W Police ShirleytlSancpez, Executive Di or
CI of Fresno Police Department
TAXPAYER FEDERAL I.D. # 648343590
ATTEST:
Rebecca E. Which
tty CIOB, City of Fresno
BY: ..w�a. �wAAS(�
00" rd I 710'f Date
APPROVED AS TO FORM:
James C. Sanchez
City Attorney, CRY of Fresno
By: y/A cy
Nan A. Algier
S mr Depuly
■ne
C�a.ryp0 EW UiGENDA ITEM NO.
REPORT TO THE CITY COUNCIL A
40-
JERRY DYER, Chief of Police
Police Department
BY: DAVID G. NEWTON, Lieutenant
Police Department
SUBJECT: COUNCIL TO ACCEPT THE AWARD FROM THE CALIFORNIA EMERGENCY
MANAGEMENT AGENCY, AUTHORIZE THE CHIEF OF POLICE TO ENTER INTO AND
EXECUTE THE GRANT AGREEMENT AND THE PROGRAM MOU WITH THE RAPE
COUNSELING SERVICE OF FRESNO, INC.; AND ADOPT THE W AMENDMENT TO
ANNUAL APPROPRIATION RESOLUTION 2009-149 APPROPRIATING $144,600 FOR THE
SEXUAL ASSAULT SPECIALIZED RESPONSE UNIT PROGRAM
RECOMMENDATION
Sten recommends the CRY Council accept the grant award of $243,645: authorize the Chief of Police to enter
nto and execute all required documents with they California Emergency Management Agency (Cal EMA) for
establishment of a Sexual Assault Speciallzed Response Unit Program: enter into an agreement with the
Rape Counseling Service of Fresno', and adopt the 17u Amendment to Annual Appropriation Resolution
2009-149 appropriating $144,600 into the FY 10 budget The remaining grant funds will be included in the
°Y 2011 budget.
D(ECUTIVE SUMMARY
rhe Council is requested to authorize the Chief of Police to accept the grant award and b add one full -Oma
rexual assault Investigator to the Sexual Assault Unit to improve investigative efficiency , collaboration, and
arvice to the victims of sexual assault. This grant will cover an 18 -month period from September 1, 2009, to
°ebruary 11, 2011. The additional detective will raise staffing levels in the Sax Crimes Unit to 12
nvestigators. Council authorization Is needed to accept the grant award and anter Into and execute
tecessary agreements and required program documents.
Fre Department will also contract with Rape Counseling Service of Fresno, Inc. (RCS), for one full -lame victim
advbeate. The increased staffing in the unit will reduce des number of cases per detective, thus allowing each
letective to complete a more thorough Inveegistlon. The addition of the o0 -site advocate well increase
milaborateon between the Department and RCS, thus improving seri to victims of sexual assault.
this grant also allows for the purchase of office equipment (desk, chairs, computers, etc.) to support the
additional positions.
Imumelenh cc
one
airw:ino� — �
Sexual Assault Specialized Response
September 24, 2009
Page 2
BACKGROUND
The Fresno Police Department applied for this grant through the State, California Emergency Management
Agency (Cal EMA), which is a Federal pass-through grant under the Sexual Assault Specialized Investigation
Unit Program through the federal Recovery Act Services Training Officers Prosecutors (STOP) Violence
Against Women Formula Grant Program.
The funding for this program is 18 months, beginning September 1. 2009, to February 11, 2011. The grant
award funs one full-time detective and one victim advocate for the purpose of providing maximum available
assistance for sexual assault victims residing within the My of Fresno, inducting Invesggation, Immediate
victor advocacy, and training for law enforcement officers. Commit authorization is needed to accept the
grant award and enter into and sprouts necessary agreements and required program documents.
This project will improve Bre response to the victims of sexual assault by Increasing investigame efficiency
and advocacy. The mission of the Sexual Assault Unit Is to conduct thorough and professional investigations
by collaboreeng with multi -disciplinary partners to reduce the number of sexual assaults and to support the
victims of such comes. This mission is challenged by the sheer number of sexual assault cases received in
the put the increased complexity of sexual assault investlgaticns, thesocial economic conditions in the
community, and the absence of a victim advocate within the Sexual Assault Unit. Currently, Sax Crimes
detectives mail Into high of a caseload to operate In an efficient manner. Victims often have limned
resources, making it more difficult for them to obtain needed cervices. Sexual Assault detectives and RCS
advocates support the interests of each other in servicing sexual assault victims; however; we are not
currently following the recommended 'best practice' of working together as a team, including an on-site
advocate working with detectives and victims together on a dally basis.
The Sexual Assault Unit reviews andlor Investlgetes all sexual assault allegations and registers and monitors
over 1.600 sexual registrants. The unit currently has Wro sergeants and eleven detectives, In 2008, the unit
reserved 1,282 noses with a high majority of the victims being females and a recurring variable of almholldrug
intoxication with victims. In 2009, between January and June, 18 out of 41 rape reports (44%) involved victim
Intoxication.
Currently, the Sexual Assault Unit has a limited relationship with the local Rape Counseling Service of
Fresno, Inc. (RCS). The detectives investigate their cases, an the advocates offer an provide services to
the same victims, but they did not respond as a'tei If the victim does not go to the hospital, the patrol
officer gives the victor of a sexual assault a victim Information Fonn, which provides the victim with
information on who they can contact for further assistance. If the victim goes to the hospital, an RCS
advocate responds to the hospital to support the victim during the prellminary patrol investigation and forensic
examination. The RCS advocate offers fallow -up morseling and suppon, and accompanimenVativocacy at
interviews and coon appearances. Members of the Sexual Assault Unit attend monthly RCS meetings at
their once.
The current weakness In the process Is caused by the high caseload per detective and not having an
advocato physically on-site In the unit Given the multi -faceted nature of sexual assault and the range of
agencies called into play by a sexual assault, no one agency can do the job alone. The 2009 California
SART (Sexual Assault Response. Team) report states a muludisoiptinary response generates the best
outcome for victims of sexual assault
The additional detective will investigate sexual assaults and specialize in those cases in which alcoholldrug
Intoxication has complicated the investigation and potential prosecution of the ease. The detective and
advocate will work as a team and be a liaison between the Police Department and RCS. The detective will
Page 3
24,
ed mass, interview victims, witnesses, and involved parties to obtein pertinent Information,
a scenes and evidence, converse with lab parsonini allempt to identify and locate suspects,
of their legal rights, refer all at their cases to the advocate, and collect statistical infernal
B grant. The detective and advocate will contact victims together when fine detective needs to
victim to obtain additional information. The advocate will provide, or arrange fa, victim
nl at forensic medical examinations (24IT(, crisis intervention (24ln, in-person counseling.
nl with law enforcemen4 medical. and court, as needed. As caseload allows, the advocate will
her detectives withln the unit for the same purpose.
FISCAL IMPACT
There will be no impact to the General Fund.
JPDDGNpph
dwtnme
Attachment 17" Amendment to MR 2009-149