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Home My WebLink AboutCALIFORNIA DEPARTMENT OF JUSTICE (3)SURANCE MM RE0UIRED Return ORIGINAL A-2020-199 0 WORK PdAY PROCEED executed coon to COTC, CLEF IK OF COUIJC!!. M-30 )' P�C�(S�, Santa Ana Police Department Commander Matt Brown 60 Civic Center Plaza, Santa Ana, CA 92701 714-245-8401 Mbrown@santa-ana.org MEMORANDUM OF UNDERSTANDING with the California Department of Justice Expires June 30, 2022 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 SAESubmission@doi.ca.eov 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. Page 2 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 15th calendar day following the month of the Expenditure. (For example, a purchase made on June 2"d would require that the related Grantee Invoice be received by the DOJ no later than July 15a'). 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 SAESubmissiongdoi.ca.gov Page 3 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 DOI 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 Page 4 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 fzepedana,santa-ana.ore 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. Assigmnent- 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: Page 5 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. Page 6 A-2020-199 IX AUTHORIZATION DOJ-SAE Submission-2019-2020-02 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. f �r DA ENTIN, Chief of Police Santa Ana Police Department KRIS14Vt RIDGE, C Manag r Ci I o� f� Santa Ana Wt TAMARA BOGOSIAN, Sr. Assistant City Attorney City of Santa Ana NICOLE BEHLER, Grant Administrator Bureau of Forensic Services California Department of Justice BARRY MILLER, Director Bureau of Forensic Services California Department of Justice CHRIS RYAN, Chief Division of Operations California Department of Justice Ai g rpn; CLERK OF THE COUNCIL �b J_ Dat �V Date Date Date Date Date Daisy Gomez, MMC Page 7 Clerk of the Council