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HomeMy WebLinkAboutHousing Authority - Law Enforcement Services - 2014-G.ço3 6YtrlocE.9LË LOQø>:< =o)t)ç'¡- IT blnlzotLl AGREEMENT BETWEEN CITY OF FRESNO AND HOUSING AUTHORITY OF THE CITY OF FRESNO (Regarding HUD Capital Funding Grant for Operations as well as Fresno RAD and Viking Village RAD funds for police services) THIS AGREEMENT is entered into effective the 1"t day of July, 2014, by and between the Housing Authority of the City of Fresno, California, a public body corporate and politic ("Housing Authority,") and the City of Fresno, California, a municipal corporat¡on, hereinafter called the "City." RECITALS WHEREAS, the City provides local law enforcement services within the jurisdiction of the Housing Authority; and WHEREAS, the Housing Authority provides various public housing services and activities for City residents; and WHEREAS, the Housing Authority is funding the services provided for in this Agreement through the Public Housing Capital Funds Program and the RAD budgeted funds, referred to hereafter as "Capital Program and RAD budgets" (using the Capital Funding for Operations portion as well as Fresno RAD and Viking Village RAD budgeted funds for police services) which program and award documents are incorporated herein by this reference; and WHEREAS, the Housing Authority warrants that Capital Program and RAD budgets make funding available to reimburse local law enforcement for additional security and protection services provided in pursuit of the Public Housing programs supported by the Housing Authority; and WHEREAS, On January 1, 1995, California Penal Code Section 11105.03 (the "Statue") became effective, allowing local law enforcement agencies to obtain State criminal history information through California Law Enforcement Teletype System ("CLETS") at the request of the local housing authorities for the purpose of screening prospective residents and prospective and current staff of local housing authorities; and WHEREAS, the Statute specifies that a local agency may run criminal history checks through CLETS and release to the Housing Authority a record of convictions for certain specified violent felonies that have occurred within the past ten years; and information on any offences committed by any person under 18 years of age are not reportable under the Statute; and WHEREAS, California Department of Justice guidelines require the development of a Memorandum of Understanding between the Housing Authority and the local law enforcement agency outlining each agency's responsibilities in order to allow the 1 release of criminal history information under this statute, and the provisions contained in Section 2 of this Agreement are intended to serve that purpose; and WHEREAS, the parties desire to enter into this Agreement to provide the terms and conditions under which the Housing Authority shall utilize the Capital Program and RAD budgets funds to reimburse City for additional law enforcement security and protective services provided by City under the Capital Program and related activities; and WHEREAS, performance of the services by City will benefit City and is in the public interest. AGREEMENT ln consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, it is mutually agreed as follows: 1. Scope of Services. City agrees to provide the following law enforcement services in accordance with and pursuant to the Capital Program and RAD budgets and this Agreement, subject to all applicable Constitutional and local law requirements: Law enforcement services related to the Capital Program and RAD budgets will be provided by one Sworn Police officer at the following Housing Authority complexes located in southwest Fresno: Sequoia Courts (CAL 6-2), Sierra Plaza (CAL 6-3), Fairview Heights Terrace (CAL 6-4), Sequoia Courts Terrace (CAL O-S), Sierra Terrace (CAL 6-6), Yosemite Village (CAL 6-10), DeSoto Gardens 1 and 2 (CAL 28-38 and CAL 6-26) (each property a "Complex;" collectively a "Target Area" ); and Law enforcement services related to the Capital Program and RAD budgets will be provided by one sworn Police officer at the following complexes located in southeast Fresno: 1) Housing Authority complex: Monte Vista (CAL 6-7) 2) Fresno RAD complex consisting of Cedar Courts, Cedar Courts ll and lnyo Terrace (a) 2 3) Viking Village RAD complex consisting of Viking Village (and together with the above-named southwest properties the "Target Areas.") The monthly invoices for the Target Areas will be split into three parts based on patrol hours as follows: 73% of the total contract billed to Fresno Housing Authority ($192,282), 23% billed to Fresno RAD ($60,582) and 4o/o billed to Viking Village RAD ($10,536)) (b) Law enforcement services for Capital Program and RAD budgets will be provided through the full-time assignment to the respective Target Areas of one (1) Sworn Police Officer per Target Area for a total of two (2) Sworn Police Officers during the funded period not to exceed twelve (12) months commencing July 1,2014 and ending June 30,2015. On an as needed basis, Capital Program and RAD budgets services may be diverted to Housing Authority complexes within the incorporated limits of the City of Fresno and outside the Target Areas with the prior written approval of the Fresno Police Department's District Commander. (c) Specific duties for law enforcement services to be performed by each Sworn Police Officer under this Agreement for the respective designated Target Areas in paragraph (a) above, include the following:(i) Enforcement of laws in accordance with Fresno Police Department policies;(i¡) Submission of weekly crime repods to the Housing Management District Manager;(iii) Referral of resident victims to support services;(iv) Each Sworn Police Officer shall provide forty (40) hours of law enforcement services per week subject to Fresno Police Department staffing needs. Unless othen¡rise necessary for Fresno Police Department scheduling considerations. Standard flex work hours shall be Monday through Fresno from 10:00 a.m., until 8:00 p.m., during Daylight Savings Time. During the months of June through September, one (1) weekday shall be omitted each month, in exchange for one (1) Saturday or Sunday of enforcement services that month. During the months of October through May, one (1) weekday shall be omitted every two (2) months in exchange for one (1) Saturday or Sunday of enforcement services during those months. Fresno Police Department shall inform the Housing Management Property Manager assigned to each complex in advance of any changes to the standard work schedule in his or her complex(v) Upon request submit available Annual Crime Stats for Public Housing to Housing Management District Manager;(vi) Upon request attend conferences with Housing Management District Manager regarding resident concerns; (vii) Regularly patrol the complex with approximately two (2) patrols in vehicle and one (1) on foot; and(viii) Provide criminal history background checks through the CLETS. 2. Criminal History Background Checks throuqh CLETS bv Fresno Police Department. (b) (c) (d) (e) (f) (g) (a) (h) The two (2) Sworn Police Officers provided hereunder by the Fresno Police Department, through the city, are employed through the capital program and RAD budgets to run CLETS criminal history checks. The Fresno Police Department will run criminal history checks on subjects that are submitted by the Housing Authority on an agreed upon request form if authorized by the signature of a designated Housing Authority staff member. The Fresno Police Depadment will screen CLETS printouts for reportable offenses as specified in Penal Code Section 11105.03. The Fresno Police Department will record reportable offenses on the Housing Authority request form and deliver a copy of the completed form together with any reportable criminal history information to a designated Housing Authority staff member, within five (5) working days from the date of the request. (Note: lf it is known that the subject of a criminal history check is on probation or on parole, the document will be delivered to the appropriate probation or parole offices with a request to fonruard the document to the designated Housing Authority staff member.) The Fresno Police Department will maintain a file on all Housing Authority criminal history checks, including the request form, any CLETS printouts and a copy of any criminal history information released to the Housing Authority for a minimum of three (3) years. Only the Chief Executive Officers of the Housing Authority and his/her designated staff membe(s) of the Housing Authority, designated in writing to the Fresno Police Department by the chief Executive officer, may request and receive criminal information, subject to the following paragraph. Designated Housing Authority staff who are granted access to criminal history information must pass a criminal history background check, which will require submitting their fingerprints to the California Department of Justice and the Federal Bureau of lnvestigation (FBl), and a California Department of Motor Vehicle clearance. Designated Housing Authority staff will review and authorize, by signature, on the request form, all requests for criminal history check under the statute. -4- o ü) Any information obtained from CLETS criminal history pursuant to this Agreement is confidential and the Housing Authority shall not disclose or use the information for any purpose other than that authorized in the Statute. The criminal history information released to the Housing Authority and all copies made from it shall be destroyed not more than thirty (30) days after the Housing Authority's final decision as to whether to act on the housing status of the individual to whom the information relates. (k) The Housing Authority shall adopt regulations governing the receipt, maintenance and use of the criminal history information. These regulations shall include provisions that require notice that the Housing Authority has access to criminal history information on applicants and employees who have access to Housing Authority residences. (l) Use of criminal history information is to be consistent with Title 24 of the Code of Federal Regulations and current regulations adopted by the Housing Authority. Office Facilities and Reimbursement to City for Grant Related Activities. (a) Housing Authority agrees to provide a secure office at Sequoia Courts Terrace (CAL 6-5) for use by the Sworn Police Officer in the southwest district and a secure office at Cedar Courls (CAL 6-8) for use by the Sworn Police Officer in the southeast district. Each office shall be equipped with a telephone, computer and access to restroom facilities for the respective officer's use, At its sole cost and expense, Housing Authority shall also be responsible for providing all utilities (HVAC, phone, internet, electricity, water, sewer, garbage, etc.), repair and maintenance services at each office. For the services, set forth in Section 1 and 2 above, the Housing Authority agrees to reimburse City for costs incurred by City hereunder, in an amount not to exceed $ 263,400 for the period beginning July 1 ,2014 and ending June 30, 2015 to include salary and fringe benefits for two (2) Sworn Police Officers, costs associated with the operations and maintenance of the patrol vehicles used by the Sworn Police Officers, and for allowable costs as outlined in the OMB Circular A-87 (Revised 05110104). City will bill the Housing Authority on a quarterly basis. Payment of any bill shall be contingent on receipt of the above referenced weekly reports and completion of described activities. Term. The term of this Agreement shall commence on July 1, 2014 and shall end on June 30,2015, subject to earlier termination as provided herein. Termination. 3 (b) 4. 5. 6. Notwithstanding the foregoing, this Agreement may be terminated immediately by either the Housing Authority or City upon the other party's default that is not cured within 30 days of receiving written notice thereof, by giving written notice to the other party of the termination. Such termination shall be subject to obligations due and owing on the date of termination. Compliance with Governinq Law. The services provided by the City under this Agreement are over and above the City's budgeted positions. The parties agrees that Capital Program and RAD budget funds shall not be used to replace funds of, or positions otherwise funded by, City. As applicable, costs and expenditures must be allowable in accordance with OMB Circular A-87, Cosf principals for sfafe, local and lndian Tribat Governments. Capital Funds are subject to the Single Audit Act Amendments of 1996 and the OMB Circular, A-133, Audits of state, local government and non- profit organizations. City agrees to provide any substantiation and support for services, fees, costs and expenses upon reasonable request of the Housing Authority for a period of not less than three (3) years after final payment. Records of City's expenses pertaining to the services shall be kept on a generally recognized accounting basis and shall be available to Housing Authority or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three (3) years after final payment. ln addition, all books, documents, papers, and records of City pertaining to the services shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. Capacitv of Citv. ln rendering the aforesaid services, it is mutually understood and agreed that the City, its agents and employees, shall at all times be acting and performing independently and not as employees of the Housing Authority. The Sworn Police Officers shall at all times be under the direction and control of and must report to the Chief of Police of the City of Fresno Police Department. Nothing in this Agreement and nothing in the course of dealings between the Housing Authority and City shall be deemed to create any fiduciary relationship, trust, partnership, joint venture, agency or employment relationship. City, and City's employees and agents, shall not be treated by the Housing Authority as employees of the Housing Authority for any purpose including, but not limited to, laws providing for Social Security taxes and benefits, state or federal unemployment compensation taxes, state or federal income tax withholdings or worker's compensation benefits. City agrees that it has sole responsibility to pay Social Security, State 7 I Disability lnsurance, Worker's Compensation lnsurance and all other wages and benefits applicable to its employees. City further agrees to hold the housing Authority harmless for any and all claims made with regard to such matters. lndemnification and lnsurance. (a) City shall indemnify, hold harmless and defend the Housing Authority 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, toft or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, the Housing Authority or any other person, and from any and all claims, demands and actions in the 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 its officers, officials, employees, agents or volunteers in the performance of this Agreement. The Housing Authority 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, the Housing Authority 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 the Housing Authority or any of its officers, officials, employees, agents or volunteers in the peformance of this Agreement. ln the event of concurrent negligence on the part of City or any of its officers, officials, employees, agents or volunteers, and the Housing Authority or any of its officers, officials, employees, agents or volunteers, the liability for any and all such claims, demands and actions in law of 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. This subsection (a) shall survive termination or expiration of this Agreement. (b) lt is understood and agreed that City and the Housing Authority 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 lnsurance, Certificates of lnsurance or other similar documentation shall not be required of either party under this Agreement. 7 9. Attorney'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 party its reasonable attorney's fees and legal expenses. 10. 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 Stated mail, return receipt requested, 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. 11. Binding. Once this Agreement is signed by the parties, it shall be binding upon, and shall inure to the benefit of, the parties, and each party's respective heirs, successors, assignees, transferees, agents, servants, employees and representatives. 12. Assignment. There shall be no assignment by either party of its rights or obligations under this Agreement without the prior written approval of the other pafty. Any attempted assignment by a party, its successors or assignees, shall be null and void unless approved in writing by the other party. 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 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. 14. 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 purpose of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno, California. 13 B 15. Headings. 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. 16. Severability. The provisions of this Agreement are severable, The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions. 17. lnterpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforls 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 or against any party, but rather by construing the terms in accordance with their generally accepted meeting. 18. 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. 19. Exhibits. Each exhibit and attachment referenced in this Agreement is, by reference, incorporated into and made a part of this Agreement. I 20. Entire Agreement. It is mutually understood and agreed that the foregoing constitutes the entire Agreement between the parties. Any modifications or amendments to this Agreement must be in writing and signed by both parties. lN WITNESS WHEREOF the parties have caused their authorized agents to execute this Agreement at Fresno, California the day and year first above written. HOUSING AUTHORITY OF THE CITY OF FRESNO CITY OF FR O, a public body corporate and politic Dyer,of Police Fresno Police Department ATTEST: Yvonne Spence, City Clerk By: Addresses: Housing Authority of the City of Fresno Attention: Preston Prince Executive Director 1331 Fulton Mall Fresno, CA93721 City of Fresno Police Department Attention: Randy Dobbins South District Commander 2323 Mariposa Mall Fresno, C493721 'il¿'tlflt Date APPROVED AS TO FROM: Douglas T. Sloan, City Attorney BY: 4u-t 4 Deputy City Attorney - 10 -