HomeMy WebLinkAbout20A - AA AND AGMT FOR EVIDENCE SUBMISSIONREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 20, 2020
TITLE:
APPROPRIATION ADJUSTMENT AND
AGREEMENT ACCEPTING $52,049 IN
CALIFORNIA DEPARTMENT OF JUSTICE
SEXUAL ASSAULT EVIDENCE
SUBMISSION GRANT FUNDS
(NON -GENERAL FUND)
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1� Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
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/s/ Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Approve an appropriation adjustment accepting $52,049 total revenue over a two-year
period in the Law Enforcement Grants revenue account (No. 12814002-52025) and
appropriate $28,627 for FY 20-21 in the Sexual Assault Evidence Grant account (No.
12814417-61040).
2. Authorize the City Manager and the Chief of Police to sign the California Department of
Justice agreement, for the period of October 20, 2020 through June 30, 2022, in an amount
not to exceed $52,049, subject to non -substantive changes approved by the City Manager
and City Attorney.
DISCUSSION
The California Department of Justice solicited grant applications for agencies to submit sexual
assault kits (biological evidence) that have not been tested. The goal behind this grant was to help
law enforcement agencies process an already identified backlog of sexual assault kits. In response
to this available funding, the Santa Ana Police Department submitted a grant application to the
California Department of Justice and was awarded $52,049.
The Santa Ana Police Department has identified 543 sexual assault kits that were booked as
evidence, but have not been tested. They date back to 1978. Each of these cases was thoroughly
investigated and has a unique set of circumstances as to why the kits were not tested. Many of
these kits were collected before modern DNA testing was available. Others were prosecuted
without the use of biological evidence (other evidence was used). Some cases were closed for a
variety of other reasons.
A Detective Sergeant and ten Detectives from the Special Crimes Section will be available to
conduct the follow-up needed for each case. By utilizing these grant funds for overtime, a goal will
be set to review an average of 25 cases for testing per month and submit them for testing if they
meet criteria set forth by the Orange County Crime Lab and the District Attorney's Office. The
entire backlog of cases should be completed in 20 months.
20A-1
California Department of Justice Sexual Assault Evidence Submission Grant
October 20, 2020
Page 2
FISCAL IMPACT
Staff recommends to recognize $52,049 total revenue over a two-year period in the Law
Enforcement Grants revenue account (No. 12814002-52025) and appropriate the FY20-21 portion
of $28,627 in the Sexual Assault Evidence Grant account (No. 12814417-61040). The remaining
$23,422 of the grant revenue will be appropriated with the FY21-22 budget, if approved by the City
Council.
Fiscal Year
Accounting Unit-
Account #
Accounting Unit, Account
Description
Amount
FY 2020-21
12814417 61040
Sexual Assault Evidence Grant
$28,627
FY 2021-22
12814417 61040
Sexual Assault Evidence Grant
$23,422
Total
$52,049
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management
Services Agency
Submitted By: David Valentin, Chief of Police - Police Department
Exhibit: 1. Agreement with California Department of Justice
20A-2
Exhibit 1
Santa Ana Police Department
Commander Matt Brown
60 Civic Center Plaza, Santa Ana, CA 92701
714-245-8401
Mbrown& Santa-ana. ora
MEMORANDUM OF UNDERSTANDING
with the
California Department of Justice
Expires June 30, 2022
20A-3
DOJ-SAE Submission-2019-2020-02
PURPOSE
This Memorandum of Understanding ("MOU") is entered into by the Department of Justice
("DOJ") and the SANTA ANA POLICE DEPARTMENT (hereinafter, "Grantee"), to provide
grant funds to Grantee for expenditure. The Grantee will expend funds for the purposes
identified in the approved Grant Application submitted by Grantee in response to the DOJ's
Request for Applications for activities for California's local law enforcement agencies to submit
and test untested sexual assault evidence.
This MOU shall become effective upon execution by all parties and shall expire on June 30,
2022.
The DOJ grants to Grantee $52,049, (the "Grant Amount"), for expenditure in accordance with
this MOU, including the Scope of Work included in the approved Grant Application.
The Request for Applications and Grant Application are incorporated by reference into this
MOU.
II COMMUNICATION
All reports, notices, requests, and/or correspondence pertaining to this MOU shall be forwarded
to the DOJ at:
California Department of Justice
Division of Law Enforcement
Attn: Nicole Behler
1300 I Street, Suite 1150
Sacramento, CA 95814
SAESubmissionna doi.ca.aov
III BUDGET
Grantee shall expend the Grant Amount in accordance with the approved Budget included as
Attachment 1 hereto (Approved Budget), and as follows:
EXPENDITURE CATEGORY
TOTAL AUTHORIZED AMOUNT
Personal Services
(personnel overtime)
$52,049
TOTAL
$52,049
Grantee shall submit any request for a change to an Approved Budget item in writing or via e-
mail to the DOJ, and any changes to the Approved Budget must be pre -approved in writing by
the DOJ at least thirty (30) days in advance of any change to any Approved Budget item.
2UA-4
DOJ-SAE Submission-2019-2020-02
IV COST REIMBURSEMENT/INVOICING
DOJ shall reimburse Grantee, in arrears, for Grantee's actual expenditures incurred while
performing the required workload. Grantee shall submit to DOJ two (2) Grantee Invoices for
each month (one original and one copy) for all expenditures incurred during such month,
including completed travel. Grantee shall ensure that it has accepted and approved all vendor
deliverables, all equipment has been delivered, all travel is complete, and all administrative
activities have been performed. All invoices must be sent to the grant manager via U.S. Mail or
overnight delivery.
A) Receipts and Documentation:
Grantee shall provide substantiation to DOJ pertaining to acceptance of hardware,
software, services, and deliverables along with Grantee Invoices for payment.
Invoices paid by the Grantee and submitted to the DOJ for reimbursement shall
include the invoice number, invoice date, service period, agreement number,
vendor name, vendor contact information, amounts, and the approved Budget
Template, clearly identifying with which Expenditure the invoice associates.
Grantee shall provide copies of packing slips substantiating delivery of purchased
equipment. Grantee Invoices and supporting documentation must be sent to the
DOJ in hard copy format no later than the 15d' calendar day following the month
of the Expenditure. (For example, a purchase made on June 2nd would require that
the related Grantee Invoice be received by the DOI no later than July 15d').
B) Workload Justification:
Each agency request for reimbursement shall be submitted in an invoice format
and contain the following workload information associated with the
reimbursement period:
1) For the reporting period, the total number of untested sexual assault
cases submitted for testing, or the total number of cases tested if the
agency (e.g., a crime lab) performed testing on evidence received from a
submitting agency.
C) Match Requirements:
There is no match requirement for this grant.
Grantee Invoices must be delivered via U.S. Mail or overnight delivery and addressed to:
California Department of Justice
Division of Law Enforcement
Attn: Nicole Behler
1300 I Street, Suite 1150
Sacramento, CA 95814
SAESubmission c(e doi.ca.gov
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DOJ-SAE Submission-2019-2020-02
V BUDGET CONTINGENCY CLAUSE
It is mutually agreed that if the Budget Act of the current year and/or any subsequent years
covered under this MOU does not appropriate sufficient funds for the purposes contemplated by
this MOU, this MOU shall be of no further force and effect. In such event, the DOJ shall have no
liability to pay any funds whatsoever to Grantee or to furnish any other consideration under this
MOU, and Grantee shall not be obligated to perform any provisions of this MOU for which it
would have been reimbursed.
If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this MOU,
the DOJ shall have the option either to cancel this MOU with no liability occurring to the DOJ,
or offer an amendment to the Grantee to reflect the reduced amount.
VI ADMINISTRATION AND AUDIT
The DOJ is not liable for the Grantee's use of funds or any subsequent audit findings.
Grantee agrees that the DOJ and the California State Auditor, or their designated representatives
shall have the right to review and copy any records and supporting documentation pertaining to
the funds expended by Grantee and the Grantee's performance under this MOU. Grantee agrees
to maintain all such records and reports for possible audit for a minimum of three (3) years after
payment by DOJ of the final Grantee Invoice submitted by Grantee. Grantee agrees to allow
access to such records during normal business hours and to allow interviews with officers and
employees who might reasonably have information related to such records. Grantee agrees to
include a similar right for DOJ and the California State Auditor to audit records and interview
staff in any subcontract related to performance of the MOU.
Should Grantee fail to comply with this MOU, including by submitting for reimbursement
expenditures for purposes not permitted under the MOU, DOJ may take one or more actions.
Actions include but are not limited to requiring Grantee to return all or any portion of grant
funds, and any other remedies available under law. In addition, the Grantee may be disqualified
from applying for or receiving future grant funds.
This section shall survive expiration or termination of this MOU.
VII GRANTEE CONTACT INFORMATION
Matt Brown, Commander
Santa Ana Police Department/Criminal Investigations Division
60 Civic Center Plaza
Santa Ana, Ca 92701
Office: (714) 245-8401
mbrown@santa-ana.org
santa-ana.org
2UA-6
DOJ-SAE Submission-2019-2020-02
Fidencio Zepeda, Detective Sergeant
Santa Ana Police Department, CID -Special Crimes Section
60 Civic Center Plaza, Ca 92701
Office: (714) 245-8376
fzepeda cksanta-ana.org
VIII MISCELLANEOUS PROVISIONS
Amendment- No amendment or variation of the terms of this MOU is valid unless made in
writing, and signed by the duly authorized representatives of the parties.
Assignment- This MOU is not assignable by Grantee in whole or in part.
Indemnification- To the fullest extent permitted by law, Grantee shall indemnify and hold
harmless the DOJ, its officers, agents and employees (collectively, the Indemnified Parties),
against any and all losses, damages, claims, actions, liabilities, costs and expenses of any
conceivable nature, kind or character (including, without limitation, attorneys' fees, litigation
and court costs, amounts paid in settlement and amounts paid to discharge judgments) to which
the Indemnified Parties, or any of them, may become subject under any statutory law or at
common law or otherwise, arising out of or based upon or in any way relating to the performance
of this MOU, except to the extent such damages are caused by the gross negligence or willful
misconduct of such Indemnified Party. The rights of any persons to indemnity hereunder and
rights to payment of fees and reimbursement of expenses pursuant this section shall survive the
expiration or termination of this MOU.
Optional Termination- The DOJ may terminate this MOU and be relieved of any obligation to
provide grant funds to Grantee should Grantee fail to perform the scope of work at the time and
in the manner provided in this MOU.
IX REPORTING REQUIREMENT
SANTA ANA POLICE DEPARTMENT agrees to submit a quarterly report beginning
September 1, 2020. The following information must be included in the report:
a. For the reporting period, the total number of untested sexual assault cases submitted
for testing, or the total number of cases tested if the agency (e.g., a crime lab)
performed testing on evidence received from a submitting agency. The report shall
include the following information:
A5 2U7
DOJ-SAE Submission-2019-2020-02
1.) Agency case number
2.) Date evidence was received by agency
3.) If the submitted evidence was a sexual assault kit, specify if it was included in
the audit report the agency sent to DOJ per AB 3118 requirements
4.) Date evidence was submitted to a crime laboratory for processing
5.) Submitting agency and submitting agency case number, if applicable
A final quarterly report of untested sexual assault cases must be submitted to the DOJ on
or before June 30, 2022.
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DOJ-SAE Submission-2019-2020-02
IX AUTHORIZATION
The DOJ and Grantee, by their duly authorized officials, have executed this MOU on the
respective dates indicated below. This MOU and any future amendments shall be forwarded to
the Division of Law Enforcement, Office of the Chief, with all of its attachments, and will
become effective upon completion of signature from all parties.
DAVID VALENTIN, Chief of Police Date
Santa Ana Police Department
KRISTINE RIDGE, City Manager Date
City of Santa Ana
—U4�
TAMARA BOGOSIAN, Sr. Assistant City Attorney
City of Santa Ana
Date
NICOLE BEHLER, Grant Administrator Date
Bureau of Forensic Services
California Department of Justice
BARRY MILLER, Director Date
Bureau of Forensic Services
California Department of Justice
CHRIS RYAN, Chief Date
Division of Operations
California Department of Justice
2UA-9