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AGREEMENT
CITY OF FRESNO, CALIFORNIA
AND FRESNO UNIFIED SCHOOL DISTRICT
THIS AGREEMENT is made and entered into effective the 1't day of July, 201S, by and
þ^etygen the City of Fresno, a California municipal corporation (heréinafter referred to as.CITY'), and Fresno Unified School District (hereinaher referred to as "DISTRICT').
RECITALS
WHEREAS, DISTRICT recognizes that the Fresno Police Department's ('FpD')
assignment of School Resource Officers (the position is described in Exhibit A)'at thé
DISTRICTS high schools and selected middle schools to perform regular duty law enfórcementservices is greatly beneficial to DISTRICT in assisting DISTRICT in providing its pupils with acampus which is safe, secure, and peaceful; and
WHEREAS, DISTRICT desires to contribute monies to CITY to partially off-set ClffS
operational costs for eleven School Resource Officers and a sergeant position a-ssigned, in part,to oversee such Officers, and thereby assist FPD in continuatiın of its practice oi assigning aSchool Resource Officer at DISTRICT high school and selected middle schools; and
WHEREAS, CITY ìs willing to provide eleven School Resource Officers and a sergeant(as described in Exhib¡t A) assigned (in part) to oversee such officers, to perform regular'dutylaw enforcement services at DISTRICT'S high schools and selected middle sðhools aádetermined by the DISTRICT during the school year, subject to availability of such officers.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,and premises hereinafter contained, to be kept and performed by the respective parties, it ismutually agreed as follows:
1. Law Enforcement Services.
(a) CITY will provide nine School Resource Officers (hereinafter referred toas "officer") to be reimbursed 75% by DISTRICT to perform regular ìuty law enforcementservices at DISTRICT'S high schools and select middle schools 1Édison, Fioosevelt, Mclane,Hoover, Bullard, Phoenix Secondary Community Day School, Camòridge/óeWolf, Ft. Miller, andTehipite) during the respective school's normal
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of operation and äuring the timeframe thatincludes the standard school year which is approximately 3g weeks of the yéar, August throughJune; provided, however this does not includr summer school, thanfsgiving bieak, Winìêrbreak, Spring break and any other days that school is not in session. Clfy w¡ll provide twoofficers to be reimbursed 100o/o by DISTRICT to perform regular duty law enforcement servicesat DISTRICT'S high schools (Fresno and Sunnyside) for thé entire iscal year. City will provide
one full{ime sergeant to oversee the officers to be reimbursed 90% by the district. All officersand the sergeant assigned to oversee the officers are subject to availabítity. ror purposes of thisAgreement, "availability" shall be in the sole determinatión of FPD's Chiéf of p'ol¡c'e, or his/herdesignated representative, taking ínto consideration any factors including, withoui limitation,health of officers, shortage of manpower, funding, and duty assignment oi officer(s) to higheipriority matters. However, in specific instances ót tne office(s) iãt<ing personal leave or FpDapproved law enforcement training, then another available'police ãtficer will be assignedtemporarily at the schools during such leave or training.
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(b) On an as-needed basis and subject to the availability of the officers,
DISTRICT may request such law enforcement services by the assigned officers on an overtime
basis immediately after the schools' normal hours of operations and on a call back basis at
school functions or Board of Education meetings later in the evenings and on weekends. 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 officer's personal availability, health of officers, shortage of manpowei,
funding, and duty assignment of officer to higher priority matters.
(c) ln the event DISTRICT requires law enforcement services for school
functions in evenings or on weekends in addition to, or due to the unavailability of, the assigned
officers, then DISTRICT shall obtain such services undei separate agreement with CITY for"Contract Law Enforcement Services" in accordance with Fresno Municipal Code
section 2-1517.1, as it may be amended from time-to{ime, and the applicable provisions of thethen current Memorandum of Understanding between CITY and Fresno Police Officers
Association (Non-Supervisory Police-Unit 4) as it may be amended from time-to-time.
(d) The parties agree that CITY retains control over assignments, wages, and
other terms and conditions of employment by CITY of the officer. DISTRICT acknowledges that
the officer is held to the requirements of the law and FPD policy. DISTRICT agrees that it shall
not -hq¡r9 authority to direct the officer's law enforcement activity. DISTRICT will immediately
notify FPD of any concerns regarding such activity.
2. DISTRICT Contribution.
(a) To off-set 100o/o of two of the officers, 75o/o of nine of the officers and 90%of the sergeant salaries and benefits; 33% of operation and maintenance of twelve patrol
vehicles; and the balance of FPD's operational costs for the regular duty law enforcement
services at DISTRICT'S high schools and selected middle schools pursuant to Section 1(a),
above, DISTRICT shall pay CITY the respective annual "Total Cost for Fresno Unified School
District," as set forth in Exhibit B, in two equal payments on each the following dates: October 1
and March 1 (Example: For the first year of this Agreement, this would be two equal payments
of $626,632). For purposes of this Agreement, "operational costs" include (i) tire saláry and
benefits of the officers (including, without limitation, Medicare, medical insurance, uniform
allowance, unemployment, pension, workers compensation premium and POST Certificate
Premium Pay), (¡i) the operation and maintenance of twelve patrol vehicles, and (iii)
administrative fees; as are set forth in more detail in Exhibit B.
(b) DISTRICT shall reimburse CITY on an actual cost basis for the annual
salary and benefits of the officers, and any sergeant, assigned pursuant to Section 1(b), above.
DISTRICT shall reimburse CITY monthlJr, in arrears, no later than 15 days upon receipt of an
invoice from CITY. CITY shall be paid in accordance with the overtime and call back raies thenin effect at the time of performance as governed by the then current Memorandum of
Understanding between CITY and Fresno Police Officers Association (Non-Supervisory Police-
Unit 4) as may be amended (e.g., upon execution of this Agreement, overtime is paiâ at one
and one-half times the base rate of pay, and call back rates are a minimum of 3 hours at the
rate of time and one-half).
(c) DISTRICT shall provide office space for the officers at the Fresno East
High School campus and at the Tillman Center.
3. Term of Aqreement. lt is the intent of the parties that the term of this Agreement
will begin July 1,2015 and end on June 30, 2018, unless terminated earlier in accordãnce with
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this Agreement. The parties shall have the option to extend the term of this Agreement for one
(1) additional two-year term by mutual written agreement.
4. Termination of Aqreement.
(a) Either party may terminate this Agreement without cause upon
30 calendar days prior written notice to the other party.
(b) This Agreement may be terminated immediately by either party upon
7 calendar days prior written notice should the other party fail substantially to observe, fulfill or
perform any obligation, covenant, term or condition in accordance with this Agreement. A party
will have failed substantially to observe, fulfill or perform any obligation, covenant, term or
condition of this Agreement, if such failure is not cured within such 7 calendar days prior written
notice and this shall constitute a material default and breach of this Agreement. The party
terminating the Agreement may exercise any right, remedy (in law or equity), or privilege which
may be available to it under applicable laws of the State of California or any other applicable
law, or proceed by appropriate court action to enforce the terms of the Agreement, or to recover
direct, indirect, consequential or incidental damages for the breach of the Agreement.
(c) No remedy or election hereunder shall be deemed exclusive but shall,
wherever possible, be cumulative with all other remedies at law or in equity.
5. lndemnification.
(a) DISTRICT 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 property damage) incurred by CITY,
DISTRICT 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 DISTRICT or any of its officers, directors, trustees,
employees, agents or volunteers in the performance of this Agreement; provided nothing herein
shall constitute a waiver by DISTRICT of governmental immunities including California
Government Code Section 810 et seq.
(b) CITY shall indemnify, hold harmless and defend DISTRICT 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, tort or strict liability,
including but not limited to personal injury, death at any time and property damage) incurred by
CITY, DISTRICT 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 DISTRICT 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 losses, 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.
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(d) This section shall survive expiration or termination of this Agreement.
6. lnsurance. lt is understood and agreed that DISTRICT and CITY maintain
insurance policies or self-insurance programs to fund their respective liabilities. The parties
agree that such respective programs or policy coverage for Workers' Compensation shall
contain a waiver of subrogation as to the other party and each of its officers, officials, agents,
employees and volunteers. Evidence of lnsurancê, ê.g., 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 DISTRICT 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 DISTRICT. Officers providing services under this Agreement shall remain the employees of
CITY, and shall not be employees of DISTRICT.
L 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 parties, it shall be binding upon,
and shall inure to the benefit of, all parties, and each parties' respective heirs, successors,
assig ns, tra nsferees, agents, serva nts, em ployees and representatives.
11. Assiqnment. Neither party may assign or transfer, by operation of law or
othenryise, 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 party 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 parties to this Agreement. Waiver of any one
provision herein shall not be deemed to be a waiver of any other provision herein.
13. Governing 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.
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.
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16. lnterpretation. The parties 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 either party, but rather by construing the terms in accordance
with their generally accepted meaning.
17. Attorney's Fees. lf either party is required to commence eny 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 party 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 part 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 parties, provided
for within the body of this Agreement, shall be null and void.
20. No Third Party 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 Aqreement. 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 parties with respect to the subject matter hereof and
supersedes 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 DISTRICT.
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lN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
ATTEST:
WONNE SPENCE, CMC
City Clerk
By:
Andrew DelaTorre, Director
Benefits & Risk Management
Addresses:
CITY:
Fresno Police Department
Attention: Support Division
P.O. Box 1271
2323 Mariposa Mall
Fresno, CA 93715-1271
Attachment:
Exhibit A - Position Description
Exhibit B - Cost Breakdown for police Services
FRESNO UNIFIED SCHOOL D¡STRICT
De puty Su perintendent/CFO
Fresno Unified School District
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City
B
Amanda F
DISTRICT:
Fresno Unified School District
Attention: Michael Hanson,
Superintendent
2309 Tulare
Fresno, CA 93721
Deputy City Attorney
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Exhibit A
Position Description
School Resource Officer
School Year 2015-2016
The Fresno Police Department School Resource Officers (SROs) work under the direct
supervision of the Fresno Police Department (FPD).
The basic duties of the SROs are to operate as Peace Officers to assist site staff with crime and
safety issues. Guidelines for SRO duties are as follows:
. Be a visible, active, and high profile police officer on a school campus. SROs are on
campus to provide a presence to promote safety and positive relationships. The
presence of a uniformed officer on campus gives the environment a feeling of safety and
security.
o Provide a link between the school community and the FPD. Get to know the students
and teachers. lnteraction with staff and students is a high priority. lf asked, help the
teachers with material to help explain your job and the criminal justice system.
o Children need good role models. As an officer, this should be one of your goals. Help
break down barriers between the police and the students.
. Walk the halls and common areas of the campus, particularly during times of high
student movement to provide crime prevention and assist with studenUstaff safety.
o Detect and deter criminal activity, take reports of incidents, and refer matters of law
enforcement concern to the appropriate authority. lf it is a police matter, it should be
referred to police supervision. A matter more closely aligned with school district issues
should be referred to school administrative staff.
. lnvestigate crime and make safety recommendations to site staff. Work with the
principal toward making the school safer for both yourself and the people on campus.
Fit your activities into the goals of the site administration. Commitment to the goal of
safe schools and good law enforcement should be your mission.
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Exhibit B
Cost Breakdown of Police Services to the
Fresno Unified School District
(Effective July I ,2015 - June 30, 2016)
FY l6 SRO Sergeant & Officer Costs
The above schedule provides the total salary and fringe for each School Resource Officer assigned to the
Fresno Unified School District for Fiscal Year 2014. The amount to be paid by FUSD is based on the
percentage of salary and fringe stated for each officer, and the annualized straight time costs will be a
total of $1,202,918.
Please note the optional overtime rate for each officer. The total overtime charges to FUSD will be based
on the actual number of hours each officer is utilized
Patrol vehicle operations and maintenance cost $10,000 per year, per vehicle. The district is charged
33%. Total charges for twelve vehicles is 12 X $10,000 X 33.33% = $39,996.
Officer safety equipment cost (weapon, radio, leather gear, ballistic vest, etc.) is $5,000 per offlcer. The
dishict is only charged for the two recent additional offlcers (Leyva and Alvarado).
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Total Salary Costs for Period
TotalVehicle Costs for Period
Safety Equipment @ 5K ea for 2 new officers
Administrative Fee
Total Cost for Fresno Unified School District
*lncludes salary and all applicable benefîts (inctuding, without timitation, Medicare, heatth and welfare, uniform,
pension, wotkers compensation premium and POST Certificate Premium Pay that arc actuatty provided during the
respective year of this Agreement)
"" lncludes salary and Medicarc
**" The respective officler and sergeant costs shalt be determined by the Fresno Potice Depaftment and shall be
based upon the actual straight-time hourly wage rate, oveftime houdy rate and vehicle operations/maintenance cost
in effect July I for the respective year. The Administrative Fee shalt remain $35O.OO for each year. The Fresno
Police Depaftment will notify Fresno Unified Schoot District, in writing, of its annual salary and fringe benefits by May
31"t before the respective year.
D#School Last Name First Name Rank Actual Costt % Charged to
FUSD
Total Fee to
FUSD
OT
o4352 Cancio Rodney sst S 146,270 90%5 131,643 s
07261 Tehinite Alvarado Anthony Officer 5 rL6,627 75%s 87.470
01652 Sunnyside Diaz Roland Officer s t24,32L 5 724,32L s
02412 Bu llard Elizondo Hector Officer s 724,327 75%s 93.240
05615 Cambridee Gomez Daniel Officer s 724,oto 75%S s3,oo8 s
0s408 McLane Harris Leondre Officer s 124,327 75%S 93,240 s
09913 Edison Hughes Melody Officer s 724,327 75%s 93.240 s
10045 Ft Miller Leyva Chr¡stine Officer 5 rt6,627 75%s 87,470 s
02346 Phoenix Standley David Officer 5 tt7,978 75%S ee,qe¿s
02030 Fresno Teklemariam Terri Officer s r24,32r s L24.32L s
08071 Hoover Underuood James Off cer s 724,32L 75%S sg.zqo s
06691 Roosevelt Vang Yine (NMl)Officer 5 L24,32L 75%s 93.240 s
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