HomeMy WebLinkAboutFresno Regional Foundation Fresno PD law enforcement services exp Sep 2016l'l-31þî
GRANT AGREEMENT
CITY OF FRESNO, CALIFORNIA
AND THE FRESNO REGIONAL FOUNDATION
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THISAGREEMENT is made and entered into effective the 1st day of October, 2014,
by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred
to as 'CITY'), and The Fresno Regional Foundation, a California nonprofit public benefit
corporation (hereinafter referred to as "FRF").
RECITALS
WHEREAS, the CITY'S Fresno Police Department ('FPD") provides law enforcement
services; and
WHEREAS, Fresno Regional Foundation ('FRF') is funding
Agreement through their Building Healthy Communities Program
documents are incorporated herein by reference; and
WHEREAS, FRF recognizes the benefit of FPD creating
Youth Liaison Officer (YLO) (the position is described in Exhibit A);
WHEREAS, performance of the
public interest.
the services provided in this
which Program and award
a position and assigning a
and
services by CITY will be of benefit to CITY and in the
AGREEMENT
WHEREAS, FRF has re-awarded monies to CITY to supporl continuance of such a
Youth Liaison Officer position with FPD; and
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and premises hereinafter contained, to be kept and performed by the respective pafties, it is
mutually agreed as follows:
1. Law Enforcement Services.
(a) CITY will provide one fulllime assignment of a Youth Liaison Officer
(hereinafter referred to as "YLO") to perform duties (described in Exhibit A) at locations within
CITY boundaries; subject, however, to the availability of the YLO. For purposes of this
Agreement, "availability" shall be in the sole determination of FPD's Chief of Police, or his/her
designated representative, taking into consideration any factors including, without limitation,
health of YLO, shortage of manpower, funding, and duty assignment of YLO(s) to higher priority
matters.
(b) On an as-needed basis and subject to the availability of the YLO, FRF
may request services by the assigned YLO on an ovedime basis. For purposes of this
Agreement, "availability" shall be in the sole determination of FPD's Chief of Police, or his/her
designated representative, taking into consideration any factors including, without limitation, the
YLO's personal availability, health of YLO, shorlage of manpower, funding, and duty assignment
of YLO to higher priority matters
(c) The parties agree that CITY retains control over assignments, wages, and
other terms and conditions of employment by CITY of the YLO. FRF acknowledges that the
YLO is held to the requirements of the law and FPD policy FRF agrees that it shall not have
authority to direct the YLO's law enforcement activity FRF will immediately notify FPD of any
concerns regarding such activity.
(d) Reports. CITY shall submit a written progress report to the Fresno
Regional Foundation as of the end of CITYs' annual accounting period within which the grant or
any portion thereof is received and all such subsequent periods until the grant funds are
expended in full or the grant is othen¡uise terminated. Such written report shall describe in detail
the use of the granted funds, compliance with the terms of the grant, and the progress made by
the CITY toward achieving the purposes for which the grant was made. Such repoñs shall be
furnished to the FRF within thirty (30) days after the close of the annual accounting period of the
CITY for which such reports are made. Within thirty (30) days after the use of the grant funds is
completed, the CITY must make a final written repofi with respect to all expenditures made from
the grant funds (including salaries, travel, and supplies), and including the progress made
toward the goals of the grant. All such reports must be signed by an officer of the CITY.
The repods due are as follows:. 1st interim report. 2nd interim repoft. Final Report due 30 days completion of project
(e) Expected Outcomes of Grant. CITY shall complete expected outcome of
grant as follows and indicated in EXHIBIT B.
. A strong alliance is developed among Fresno Law Enforcement and area Youth to create
healthy and positive exchange and interaction between the two groups in order to foster
understanding and positive relationships as evidenced by hiring a YLO at FPD who will
actively interact and engage youth-serving organizations; adoption of curriculum and training
program for both FPD and youth by the YLO advisory committee; a series of trainings with a
minimum of 15 youth and 5 officers not including YLO and otheradvisory committee paftners
on improved relations without emphasis on enforcement.
. Meaningful Relationships and deeper trust will exist between FPD and Fresno Youth that will
challenge negative perceptions between both groups as evidenced by both law enforcement
and youth hosting a minimum of three community youth and police forumsievents that engage
positive dialogue and break down barriers between the two groups; a minimum of three
trainings on positive youth interaction are held with FPD Officers working in SW and SE
Fresno; and at least adopting one new policy by FPD that fosters a positive relationship and
interaction with local area youth.
. FPD representatives will actively participate and engage in the ongoing Building Healthy
Communities work taking place in Southeast/Southwest/Central Fresno as evidenced by
attendance at monthly BHC Hub meetings, reporling when scheduled on progress of this
grant work; and collaborating and partnering with other BHC grantees when possible.
. FPD Leadership and CITY Officials are regularly informed about the impofiance of creating
healthy youth relationships as evidenced by YLO and other key FPD Leaders presenting to
the Chief and top leaders of the deparlment on a quarterly basis, and an annual report on this
grant work towards improving and creating healthy youth relationships between the FPD and
area youth.
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2. FRF Contribution.
(a) FRF grants to CITY $ 261,104.00 to off-set 100% of FPD's operattonal
costs at CITY'S then current rates during the two-year term of this Agreement for the regular
duty law enforcement services pursuant to Section '1(a), above FRF shall pay CITY the funds in
two equal payments of $130,552.00 each on the following dates.
. October 1,2014 or the FRF receipt of this executed Agreement
¡ March 1,2015
For purposes of this Agreement, "operational costs" include (i) the salary and benefits of the
YLO (including, without limitation, Medicare, medical insurance, uniform allowance,
unemployment, pension, workers compensation premium and POST Certificate Premium Pay),
(ii) the operation and maintenance of one patrol vehicle, and (iii) administrative fees; as are set
forlh in more detail in Exhibit C.
3. Term of Agreement. lt is the intent of the parties that the term of this Agreement
will begin October 1,2014 and end on September 30,2016, unless terminated earlier in
accordance with this Agreement.
4. Termination of Agreement. This Agreement may be terminated immediately by
either party upon 30 calendar days prior written notice should the other parly fail substantially to
observe, fulfill or perform any obligation, covenant, term or condition in accordance with this
Agreement. A parly will have failed substantially to observe, fulfill or pedorm any obligation,
covenant, term or condition of this Agreement, if such failure is not cured within such 30
calendar days prior written notice and this shall constitute a material default and breach of this
Agreement. Such termination shall be subject to obligations due and owing on the date of
termination
5. lndemnification.
(a) FRF shall indemnify, hold harmless and defend CITY 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 but
not limited to personal injury, death at any time and properly damage) incurred by CITY, FRF 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 indirectly from the negligent or
intentional acts or omissions of FRF or any of its officers, directors, trustees, employees, agents
or volunteers in the performance of this Agreement.
(b) CITY shall indemnify, hold harmless and defend FRF and each of its
officers, directors, trustees, employees, agents and volunteers from any and all loss, liability,
fines, penalties, forfeitures, costs and damages (whether in contract, toft or strict liability,
including but not limited to personal injury, death aI any time and properly damage) incurred by
CITY, FRF 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 indirectly 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; provided nothing herein shall
constitute a waiver by CITY of governmental immunities including California Government Code
Section 810 et seq.
.)
(c) ln the event of concurrent negligence on the part of FRF or any of its
officers, directors, trustees, employees, agents or volunteers, and CITY or any of its officers,
officials, employees, agents or volunteers, the liability for any and all such claims, demands and
actions in law or equity for such Iosses, fines, penalties, forfeitures, costs and damages shall be
apportioned under the State of California's theory of comparative negligence as presently
established or as may be modified hereafter.
(d) This section shall survive expiration or termination of this Agreement.
6. lnsurance. lt is understood and agreed that FRF and CITY maintain insurance
policies or self-insurance programs to fund their respective liabilities Evidence of lnsurance,
Certificates of lnsurance or other similar documentation shall not be required of either party
under this Agreement.
7 Nondiscrimination. Neither party shall employ discriminatory practices in their
respective performance under this Agreement on the basis of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam
era.
8. lndependent Contractor and Not a Partnership For purposes of this Agreement,
CITY and FRF shall act in an independent capacity and not as officers or employees or agents
of the other. Nothing in this Agreement establishes, constitutes, or will be construed as
establishing or constituting a partnership or agency or employment relationship between CITY
and FRF. Officers providing services under this Agreement shall remain the employees of
CITY, and shall not be employees of FRF.
9. Notices Any notice required or intended to be given to either party under the
terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered
personally or deposited into the United States mail, with postage prepaid, addressed to the
party to which notice is to be given at the party's address set forth on the signature page of this
Agreement or at such other address as the parties may from time to time designate by written
notice.
10. Bindinq. Once this Agreement is signed by all paÍies, it shall be binding upon,
and shall inure to the benefit of, all pafties, and each parties' respective heirs, successors,
assig n s, tra nsferees, agents, servants, em ployees and representatives.
11. Assignment. Neither parly may assign or transfer, by operation of law or
othenvise, all or any of its rights or obligations under this Agreement without the prior written
consent of the other party
12. Waiver. The waiver by either parly of a breach by the other of any provision of
this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of
either the same or a different provision of this Agreement. No provisions of this Agreement may
be waived unless in writing and signed by all parlies to this Agreement. Waiver of any one
provision herein shall not be deemed to be a waiver of any other provision herein.
13. Governinq Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California Venue for
purposes of the filing of any action regarding the enforcement or interpretation of this
Agreement and any rights and duties hereunder shall be Fresno County, California.
^I
14. Headinqs. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or add to the
interpretation or meaning of the provisions of this Agreement.
15. Severabilitv. The provisions of this Agreement are severable. The invalidity or
unenforceability of any one provision in this Agreement shall not affect the other provisions.
16. lnterpretation. The parlies acknowledge that this Agreement in its final form is
the result of the combined efforls of the parlres 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 either party, but rather by construing the terms in accordance
with their generally accepted meaning.
17. Attornev's Fees. lf either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing
party in such proceeding or action shall be entitled to recover from the other parly its reasonable
attorney's fees and legal expenses.
18. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, attached and incorporated into and made a parl of this Agreement.
19. Precedence of Documents. ln the event of any conflict between the body of this
Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this
Agreement shall control and take precedence over the terms and conditions expressed within
the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or
Attachment hereto which purport to modify the allocation of risk between the parlies, provided
for within the body of this Agreement, shall be null and void.
20. No Third Parlv Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in the preamble of
this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not
intended that any rights or interests in this Agreement benefit or flow to the interest of any third
parties.
21. Extent of Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire and
integrated agreement between the parlies with respect to the subject matter hereof and
supérsedes all prior negotiations, representations or agreements, either written or oral. This
Agreement may be modified only by written instrument duly authorized and executed by both
CITY and FRF.
6
lN WITNESS WHEREOF, the parties
day and year first above written.
CITY OF FRESNO,
a California municipal corporation
ATTEST:
YVONNE SPENCE, CMC
City Clerk
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
have executed this Agreement at Fresno, California, the
FRESNO REGIONAL FOUNDATION,
a California non-profit public benefit corporation
hief Executive Officer
Foundation
¿lqe^s, (*t,>
ttÞslælL
Addresses:
CITY:
Fresno Police Department
Attention: Jerry Dyer,
Chief of Police
2323lViariposa Mall
Fresno, CA 93721
TCE:
Fresno Regional Foundation
Attention: Dan De Santis,
Chief Executive Officer
5250 North Palm Avenue,
Suite 424, Fresno, CA93704
Attachment:
Exhibit A - Position Description
Exhibit B - Cost Breakdown for Police Services
Exhibit C - Workplan
DYE(Chief of Police
Raj Singh Badhesha
Deputy City Attorney
Exhibit A
Position Description
Youth Liaison Officer
2014-2016
The Youth Liaison Officer (YLO) works under the direct supervision of the Fresno Police
Department (FPD).
The YLO's primary focus areas will be the Southeast and Southwest Policing Districts.
The primary goal of the YLO is to build and strengthen relationships between at-risk
youth and the FPD to supporl safer communities.
Guidelines for YLO duties are as follows.
. Emphasize building positive relationships and fostering understanding rather
than an enforcement emphasis.. Represent, participate and ensure a presence during at-risk youth forums/events
to enhance dialogue and break down barriers.. Train and coach other law enforcement officers in interacting effectively with at-
risk youth in the Fresno BHC area.. Build meaningful relationships and deepen trust with at-risk youth to challenge
negative perceptions between at-risk youth and the FPD.. Organize, convene, and facilitate ongoing dialogue circles between at-risk youth
in the community and the FPD.. Develop a strategy focused on violence and at-risk youth. Strategy will
emphasize positive alternatives to violence, opportunities to succeed, the impact
of violence on at-risk youth, and partnerships to address the needs/issues of at-
risk youth.
Exhibit A
Page 1 of 1
EXHIBIT B
WORK PLAN
City of Fresno Police Department
Activities Outcomes and lndicators Timeline
Conduct at least 2 trainings a year for SRO's and at least 2 patrol
officers per policing district in Fresno.
Engage in at least 4 community dialogues on police community
perceptions in padnership with BHC grantees and partner
organizations.
Actively pafticipate in the BMOC youth table by attending regularly
scheduled meetings.
Conduct a minimum of at least 2 trainings per year with youth
regarding police trainings to help build understandings between the
two groups.
Fresno Police Officers continue to build
understanding of positive youth interaction
and relationship as evidenced by:
1. Pre and post training assessments from
the Strategies For Youth training.
2. A 15% reduction in police citations at
school campuses in Fresno Unified
School District
3.4 minimum of at least 15 youth actively
participating in identified youth specific
trainings bi-annually.
Month 1 - 24
Review and highlight potential changes in the Strategies For Youth
(SFY) assessment.
Pafticipate in meaningful conversations with YLO, designated
department administration, TCE Program Manager, BHC hub
manager and agreed upon partners on report findings.
Conduct at least one meeting with Chief of Police and community
partners on potential policy change and adoption highlighted in SFY
assessment.
Work with Chief of Police and other hìgh level deparlment officers to
participate in at least 2 BMOC conversations on policing and building
trust.
Fresno PD will improve relationships with
youth in the community as evidenced by;
1. Reviewing and implementing
recommendations of the SFY
assessment and report.
2. Engaging BHC community and partners
in discussion on proposed policy
change.
3.Adoption of at least one new policy
change to improve relationship with
youth.
4. Engaging in at least two community
conversations with youth and
community on improved police relations.
Month 1 - 24
Exhibit B
Page 1 of 2
4
YLO and assigned Lt. will identify at least 5 officers representing both
SRO's, patrol, and administration to serve as an advisory committee
with a minimum of 3 youth serving organizations that include at least 1
BMOC grantee.
Advisory committee will meet quarterly to discuss progress on
improving law enforcement and youth relations.
Partner with BHC grantees and/or BHC Hub to host at least 2 forums,
events, and/or community conversations on issues of concern to youth
and law enforcement relations.
Work with BHC partners to identify organizations, parent groups,
neighborhood committees and/or youth organizations that can be
trained to establish a minimum of at least 2 neighborhood safety
committees.
Develop positive oppoftunities such as midnight basketball for youth
with FPD involvement and positive interactions with youth.
5
lncreased understanding among Fresno
PD on positive youth and community
interaction as evidenced by.
1. lncreased number of neighborhood
safety committees in the BHC area.
2. Expanded dialogue with community
regarding police and community
relations.
3. Develop positive at least two positive
events where youth and law
enforcement can interact positively such
as midnight basketball events.
Month 1 - 24
FPD YLO or designated deparlment representative will ensure active
participation in BHC events, grantee partners meetings, and forums.
FPD YLO or designated department representative will attend and
pafticipate in All BHC community meetings, monthly hub meetings and
active engagement in the Fresno BHC neighborhoods and schools
teams.
FPD will collaborate with other BHC grantees and partners when
possible.
FPD YLO will work with BHC hub manager and Rapid Responder to
ensure messaging and promotion of BHC Fresno and HHH are
included in the work of this grant.
YLO will complete one annual repoft and a final repoft documenting
the progress of the initiative. The final report will be presented to the
city council by the Chief of Police or designated depaftment member.
1
2
4
5
Fresno Police Deparlment will actively
padicipate, engage, and promote the BHCwork taking place in
Southeast/Southwest/Central Fresno as
evidenced by;
'1. Active pafticipation in BHC events,
grantee partner meetings and forums;
All BHC community meetings; monthlyhub committee meetings; active
participation in neighborhoods and
schools team meetings;
2. Collaborate and partner with other BHC
partners when possible; and work with
Hub Manager and Rapid Responder
communications person to ensure
messaging and promotion of BHC
Fresno and HHH are included in the
work of this qrant.
Month 1 - 24
Exhibit B
Page 2 of 2
EXHIBIT C
Cost Breakdown of Police services to
Fresno Regional Foundation
(Effective October 1,2014 - September 31 ,20161
1 o I 1 I 1 4-6t 30, 1 5 7 I 1 I I 5-6130t 16 7 t 1 I 16-9 t 31 I 16
Personal
One Police Officer - "F" Step
Annual Salary (40 hours per week for 56 weeks x $65.15 hrly )
$6,348 monthly
$58,858
Benefits: (Medlcal insurance, uniform allowance, unemployment, $18,835
workers comp, medicare, pension, POST certificate and premium pay)*
$80,831
$25,866
$1,500
$19,619
$6,278
$375Youth Liaison Officer Traininq
(YLO direct project related trainings)
Supplies
Train ing/meeting meals
Youth trainings
Stipends
Project Supplies
Travel
Special Event
(Community engagement events such as midnight basketball,
cost which may inctude referees, equipment, security staffing,
advertising, and other items identified in project development)
lndirect Cost
fi1,125
$750
$975
$1,125
92,250
$750
$5,250
$6,744
$96,662
$1,000
$1,300
$1,500
$3,000
$'1,000
$7,000
$250
$325
$375
$750
$250
$''1,750
$9,225
$132,222
92,248
$32,220
Total Cost for the Effective Period of this Grant $261,'104.00
Exhibit C
Page 1 of 1
FRESNO
REGIONAL
FOUNDATION
Your Visian 'The Volley's Fulure
November 13,2014
Ms. Maggie Navarro
Community Coordinator, Mayor's Gant Prevention lnitiative
2326 Fresno Street, Suite 101
Fresno, CA 93721
Re: City of Fresno Police Department - grant agreement for Youth Liaison Officer
(YLO) dated 10,1114
Dear Ms. Navarro,
Fresno Regional Foundation has enclosed the signed the Grant Agreement dated
October 1 ,2014 between the City of Fresno and the Fresno Regional Foundation. As
of October 2A,2014, or-r new CEO is Hugh J. Ralston, anci he has signed in lieu of Dan
DeSantis, our previous CEO,
According to Lieutenant David Newton, this grant agreement has already been
approved by the City Council. Therefore, for expediency, we have signed the grant
agreement, but aiso include the following clarifications aboui specific items in the grant
agreement. Please receive this letter along with the enclosed grant agreement.
First, Fresno Regional Foundation has no intention to híre the Youth Llaison Officer
(YLO), and, therefore, we are waiving our right under 1(b)to do so. Second, we advise
the City that we lack the expertise and resources to monitor the YLO's law enforcement
activity. Therefore, the only concerns we will notify FPD of under 1(c) wili be those that,
without inquiry, happen to come to our attention. We interpret the contract that our duty
is so limited.
Thank you for your a.ttention to this matter. lf yolr have any questions, please do not
hesitate to contact me.
With best regards,
Enclosure: Grant Agreement dated October 1,2014
5250 N. Polm Avenue I Suite 424 I Fresno, CA 93704 i 559.226.5600 I www.fresnoregfoundotion.org