HomeMy WebLinkAboutHousing Authority - Law Enforcement Services - 2011AGREEMENT BETWEEN CITY OF FRESNO
AND
HOUSING AUTHORITY OF THE CITY OF FRESNO
(Regarding HUD Capital Funding Grant Proposal and
Additional Security and Protection Services for Public Housing)
THIS AGREEMENT is entered into effective the 1st day of July, 2011, by and between
the Housing Authority, City of Fresno, hereinafter called "Housing Authority," and the City of
Fresno, California, a municipal corporation, 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 variously provides public housing services and
activities for residents of City; and
WHEREAS, the Housing Authorities is funding the services provided for in this
Agreement through the Public Housing Capital Funds Program, referred to hereafter as "Capital
Program" which program and award documents are incorporated herein by this reference; and
WHEREAS, the Housing Authorities warrants that Capital Programs make available
funding 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, the parties are desirous of entering this Agreement that provides terms and
conditions where under the Housing Authority shall utilize the Capital Program funds to
reimburse City for additional law enforcement security and protective services provided by City
under the Capital Program and related activities and related activities; and
WHEREAS, performance of the services by City will be of benefit to City and in the
public interest.
AGREEMENT
NOW, THEREAFTER, in 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 this Agreement, subject to all applicable
Constitutional and local law requirements:
(a) Capital Program related law enforcement services will be provided by one Sworn
Police Officer at the following Housing Authority's complexes located in
southwest Fresno:
Sequoia Courts (CAI., 6-2), Sierra Plaza (CAL 6-3), Fairview Heights
Terrace (CAL 6-4), Sequoia Courts Terrace (CAL 6-5), Garland Gardens
(CAL GG) Sierra Terrace (CAL 6-6), Yosemite Village (CAL 6-10),
DeSoto Gardens 1 and 2 (CAL 28-38 and CAL 6-26), Mariposa Meadows
(USDA Rural Development); and
Capital Program related law enforcement services will be provided by one Sworn
Police officer at the following Housing Authority's complexes located in
southeast Fresno:
Monte Vista (CAL 6-7), Cedar Courts (CAL 6-8), Cedar Courts II (CAL
6-913), Viking Village (CAL 6-15), Inyo Terrace (CAL 6-16);
hereafter collectively called the "Target Areas."
(b) Capital Program law enforcement services will be provided through the full-time
assignment to the respective Target Areas of one (1) Sworn Police Officer each
for a total of two (2) Sworn Police Officers, for the funded period not to exceed
twelve (12) months commencing July 1, 2011 and ending June 30, 2012. On an
as needed basis, Capital Program services may be diverted to Housing Authority
complexes within the incorporated limits of the City of Fresno and outside of 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;
(ii) Submission of weekly crime reports to the Housing Management District
Manager;
(iii) Referral of resident victims to support services;
(iv) Subject to Fresno Police Department Scheduling, flex work hours
Daylight Savings Time from 10:00 am — 8:00 pm. Work one (1) Saturday
or Sunday per month during the months of June -September and work one
(1) Saturday or Sunday every two months during the months of October -
May. Inform Housing Management Property Manager in advance if the
work schedule changes;
(v) Submission of available Annual Crime Stats for Public Housing upon
request of Housing Management District Manager;
(vi) Attend conferences with Housing Management District Manager upon
request regarding resident concerns;
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(vii) Regular patrols per site; approximately two patrols in vehicle and one on
foot; and
(viii) In accordance with Attachment A (Memorandum of Understanding)
between the parties, dated July 1, 2011, provide criminal history
background checks through the California Law Enforcement Teletype
System (CLETS).
2. 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 Courts (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 be responsible for providing all utilities
(HVAC, phone, internet, electricity, water, sewer, garbage, etc.), repair and
maintenance services at each office.
(b) For the aforementioned services, the Housing Authority agrees to reimburse City
for costs incurred by City hereunder, in an amount not to exceed $ 246,062, for
the period beginning July 1, 2011 and ending June 30, 2012 to include salary and
fringe benefits for two (2) Sworn Police Officers, and for allowable purchases as
outlined in the OMB Circular A-87. 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.
3. Term.
The term of this Agreement shall commence on July 1, 2011 and shall end on
June 30, 2012, subject to earlier termination as provided herein.
4. Termination.
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.
5. Compliance with Governing 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 funds shall not be used to
replace funds of, or positions otherwise funded by, City.
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As applicable, costs and expenditures must be allowable in accordance with OMB
Circular A-87, Cost principals for state, local and Indian Tribal Governments. Capital
Funds are subject to the Single Audit Act Amendments of 1996 and the OMB Circular,
A-133, Audits ofstate, 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. In 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.
6. Capacity. o�y.
In 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 Disability
Insurance, Worker's Compensation Insurance 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.
7. Indemnification and Insurance.
(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, 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 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.
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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 performance of this Agreement.
In 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) It is understood and agreed that City and the blousing 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 Insurance, Certificates of
Insurance or other similar documentation shall not be required of either party under
this Agreement.
8. Attorney
If 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.
9. Precedence of Documents.
In 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 terms and conditions expressed within any exhibit or attachment. Furthermore,
any terms or conditions contained with 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.
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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 or its rights or obligations under this
Agreement without the prior written approval of the other party. Any attempted assignment by a
party, its successors or assignees, shall be null and void unless approved in writing by the other
party.
13. 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. 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 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.
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.
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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. Interpretation.
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 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.
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.
IN WITNESS WHEREOF the parties have caused their authorized agents to execute this
Agreement at Fresno, California the day and year first above written.
HOUSING_ALLT,HORITY OF THE
CITY FRE O
By:
Pr Ston Prince
Executive Director
Addresses:
Housing Authority of the City of Fresno
Attention: Preston Prince,
Executive Director
1331 Fulton Mall
Fresno, CA 93721
City of Fresno Police Department
Attention: Randy Dobbins
Southeast District Commander
2323 Mariposa Mall
Fresno, CA 93721
CITY OF FRESNO
'Z.�
J y Dyer, hief of Police
Fresno Police Department
ATTEST:
Rebecca E. Klisch, City Clerk
By OO (-0 2 ! 1
Deputy Date
APPROVED AS TO FROM:
James C. Sanchez, City Attorney
By:
Nan A. Alg' r ate
S for Depu
Attachment: Attachment A - Memorandum of Understanding, dated July 1, 2011.
ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
BACKGROUND
On January 1, 1995, California Penal Code Section 11105.03 became effective, allowing local law
enforcement agencies to obtain State criminal history information through CLETS (California Law
Enforcement Teletype System) at the request of the local Housing Authorities for the purpose of
screening prospective residents and prospective and current Housing Authority staff. 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.
Information on any offences committed by any person underl8 years of age are not reportable under the
statute.
Department of Justice guidelines require the development of a Memorandum of Understanding between
the local Housing Authority and the local law enforcement agency outlining each agency's
responsibilities in order to allow the release of criminal history information under this statute. The
following Agreement is intended to serve that purpose:
AGREEMENT
This Agreement is entered into effective the V day of Judy, 2011, by and between the City of Fresno,
through its Police Department, hereafter referred to as the "Police Department," and the Housing
Authority of the City of Fresno, hereafter referred to as the "Housing Authority." The parties agree as
follows:
The Police Department will provide two (2) Sworn Police Officers employed through the
Public Housing Capital Fund Program to run CLETS criminal history checks.
2. The 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 signature of a designated
Housing Authority staff member.
3. The Police Department will screen CLETS printouts for reportable offenses as specified in
Penal Code Section 1 1105.03.
4. The Police Department will record reportable offenses on the Housing Authority request form
and deliver a copy of the completed form 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: If 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
Willi a request to forward the document to the designated Housing Authority staff member.)
5. The 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.
6. Only the Chief executive offices of the Housing Authority and his/her designated staff
member(s) of the Housing Authority, designated in writing to the Police Department by the
Page 2 of 2
chief executive officer, may request and receive criminal information, subject to the
following paragraph.
7. Designated Housing Authority staff 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 Investigation (FBI), and a
California Department of Motor Vehicle clearance.
8. Designated Housing Authority staff will review and authorize, by signature, on the request
form, all requests for criminal history check under the statute.
9. 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.
10. 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.
11. The Housing Authority shall adopt regulations governing the receipt, maintenance and use of
the criminal history information. The 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.
12. 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.
13. This Agreement will automatically expire June 30, 2012, unless extended by future
Agreement.
IN WITNESS WHEREOF the parties have caused their authorized agents to execute this Agreement at
Fresno, California on July 1, 2011.
CITY OF FRESNO
Jeyer hie o ice ate
Fresno olice Department
Attest:
Rebecca E. Klisch, City Clerk
By: _Atawk– WM) 1� /3-7- 1
Deputy a i Date
HO AUTHORITY OF THE
TY O RE
ch�A
Pr Ston Prince bate
Executive Director
Approved as to form:
James C.
Sanchez, City Attorney
/ 4
By: -
Page 2 of 2
Nanc A. Algier / / Da
Se for Deputy
City of
lCltsc�+�■ �� I i�
REPORT TO THE CITYCOUNCIL
June 23, 2011
FROM: JERRY P. DYER, Chief of Police
Police Department
BY: RANDY DOBBINS, Captain
Southeast Policing District
AGENDA ITEM NO. / E
COUNCIL MEETING 06/23/2019
APPROVED BY
DEPARTMEN RECTb
L2-i-�9V--2
CITY MANAGER
SUBJECT: AUTHORIZE THE RENEWAL OF AN AGREEMENT BETWEEN THE CITY OF FRESNO
HOUSING AUTHORITY AND THE POLICE DEPARTMENT FOR THE HUD CAPITAL
FUNDING GRANT PROGRAM AND ADDITIONAL SECURITY AND PROTECTION SERVICES
FOR PUBLIC HOUSING GRANT; AUTHORIZE THE CHIEF OF POLICE TO EXECUTE THE
AGREEMENT AND REQUIRED PROGRAM DOCUMENTS FOR THE HUD CAPITAL
FUNDING GRANT PROGRAM
RECOMMENDATIONS
It is recommended that Council authorize the renewal of an agreement between the City of Fresno Housing
Authority and the Police Department for the HUD Capital Funding Grant Program; authorize the Chief of
Police to execute the agreement and required program documents, for the HUD Capital Grant Program. The
agreement will continue through June 30, 2012.
EXECUTIVE SUMMARY
The City of Fresno Housing Authority has made funding available for two sworn officers at various housing
complexes. Funding under this project provides a maximum of $246,062 for 12 months for personnel costs
and supplies. These funds are included in the FY 2012 budget. As a requirement for these funds, an
agreement/MOU has been established by and between the City of Fresno, Police Department and the City of
Fresno Housing Authority to provide two sworn officers at the Housing Authority's housing complexes located
in southwest and southeast Fresno: Sequoia Courts, Sierra Plaza, Fairview Heights Terrace, Sequoia Courts
Terrace, Sierra Terrace, Yosemite Village, DeSoto Gardens 1 and 2, Mariposa Meadows, Cedar Courts,
Cedar Courts II, and Inyo Terrace. The agreement/MOU details the project activities. The City of Fresno
Housing Authority agrees to pay the full sum, on a quarterly basis, through the term of the agreement.
Council approval is needed to authorize renewal of the contract for services.
BACKGROUND
The mission of the Fresno Police Department is to enhance safety, service, and trust with our community.
The Police Department recognizes and holds sacred the trust and confidence the community has placed in it
to maintain a safe city with low levels of crime, violence, and to improve the quality of life in Fresno. Since the
mid -90's, the Fresno Police Department has received funding from the City of Fresno Housing Authority to
enhance local law enforcement capabilities through Community Oriented Policing techniques, specifically
targeting public housing. Community policing calls for greater citizen responsibility and creates opportunity
for residents in public housing areas to contribute to public safety in and around their neighborhoods. At the
same time, community policing enhances police professionalism by giving officers the skills, technology, and
motivation to develop innovative solutions for crime -related community problems. Presented to City Coir Ed
Date
Disposition
Report to Council
Housing Authority Agreement
June 23, 2011
Page 2
The City of Fresno Housing Authority and the Police Department continue to work together to improve the
quality of life for public housing communities. Many studies indicate a police presence and active
enforcement play pivotal roles in the reduction of violent crime and an improved feeling of safety within the
community.
FISCAL IMPACT
There is no fiscal impact to the General Fund. Police personnel costs will be paid through agreement with
the City of Fresno Housing Authority.
JPD/jg/map
06/06/2011
Attachment: MOU