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AGREEMENT BETWEEN CITY OF FRESNO
AND
SOUTHEAST FRESNO RENTAL ASSISTANCE DEMONSTRATION ("RAD''), LP
(Regarding Southeast Fresno RAD, LP, funds for police services)
THIS AGREEMENT is entered into effective the 1"t day of July, 2015, by and
between the Southeast Fresno Rental Assistance Demonstration, a California limited
partnership, hereinafter called "Southeast Fresno R qþ" or "southeast Fresno RAD, Lp,"
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 Southeast Fresno RAD; and
WHEREAS, Southeast Fresno RAD provides housing services and activities for
residents of City; and
WHEREAS, Southeast Fresno RAD is funding the services provided for in this
Agreement through RAD budgeted funds, referred to hereafter as "RAD budgets" (using
Operations funds for police services), which program and award documents arı
incorporated herein by this reference; and
WHEREAS, Southeast Fresno RAD warrants that RAD budgets make available
funding to reimburse local law enforcement for additional security and protection
services provided in pursuit of the housing programs supported by Southeast Fresno
RAD; and
WHEREAS, On January 1, 1995, California Penal Code Section 11'105.03
became effective, allowing local law enforcement agencies to obtain State criminal
history information through the 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 Southeast Fresno RAD staff; and
WHEREAS, Penal Code Section 11105.03 specifies that a local agency may run
criminal history checks through CLETS and release to the Southeast Fresno RAD a
record of convictions for cedain specified violent felonies that have occurred within the
past ten years; and information on any offenses committed by any person under 18
years of age are not reportable under the Statute; and
WHEREAS, Department of Justice guidelines require the development of a
Memorandum of Understanding between Southeast Fresno RAD and the local law
enforcement agency outlining each agency's responsibilities in order to allow the
release of criminal history information under the Statute, and the provisions contained in
Section 2 of this Agreement are intended to serve that purpose; and
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WHEREAS, the parties desire to enter into this Agreement, which provides terms
and conditions whereunder the Southeast Fresno RAD shall utilize the RAD budgets
funds to reimburse City for additional law enforcement security and protective services
provided by City under the RAD budgets 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 Seruices.
City agrees to provide the following law enforcement services in accordance with
and pursuant to the RAD budgets and this Agreement, subject to all applicable
Constitutional and local law requirements:
(a) Law enforcement services will be provided by one Sworn Police Officer at
the following complex located in southeast Fresno:
1) Southeast Fresno RAD complex (consisting of Cedar Courts,
Cedar Courts ll and lnyo Terrace)
hereafter called the "Target Area."
Based on patrol hours, a prorated portion consisting of $59,900 which comprises
23% of the total contract will be billed to the Southeast Fresno RAD, LP (the
remainder will be billed to Fresno Housing Authority and Viking Village RAD, LP,
under separate agreements).
(b) RAD budgets law enforcement services will be provided through full-time
assignment of one (1) sworn officer to each target area, for a total of for a
total of two (2) Sworn Police Officers (for all three agreements), for the
funded period not to exceed twelve months commencing July 1, 2015
and ending June 30, 2016. On an as needed basis, RAD budgets
services may be diverted to Southeast Fresno RAD 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:
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(i) Enforcing laws in accordance with
policies;(¡i) Submitting weekly crime reports to
District Manager;(i¡i) Referring resident victims to support services;(iv) Subject to Fresno Police Department Scheduling, each officer will
provide 40 hours of law enforcement services per week, during flex
work hours of Daylight Savings Time from 10:00 am - 8:00 pm.
Work one Saturday or Sunday per month during the months of
June-September and work one Saturday or Sunday every two
months during the months of October-May. Fresno Police
department shall inform the Housing Management Property
Manager in advance if the work schedule changes;(v) Submitting available Annual Crime Statistics for Public Housing,
upon request of Housing Management District Manager;(vi) Attend the conferences with Housing Management District Manager
upon request regarding resident concerns;(vii) Completing regular patrols per site; approximately two patrols in
vehicle and one on foot; and
(viii) ln accordance with the Statute providing criminal history
background checks through CLETS.
Criminal History Backqround Checks throuqh CLETS by Fresno Police
Depaftment.
(a)
Fresno Police Department
the Housing Management
2.
(b)
The two Sworn Police Officers provided hereunder by the Fresno Police
Department, through the City, areutilized to run CLETS criminal history
checks.
The Fresno Police Department will run criminal history checks on subjects
submitted by the Southeast Fresno RAD on an agreed upon request form,
if authorized by signature of a designated Southeast Fresno RAD staff
member.
The Fresno Police Depaftment will screen CLETS printouts for reportable
offenses as specified in Penal Code Section 1 1 105.03.
The Fresno Police Department will record reportable offenses on the
Southeast Fresno RAD request form and deliver a copy of the completed
form with any reportable criminal history information to a designated
Southeast Fresno RAD 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 Southeast Fresno RAD staff member.)
(c)
(d)
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The Fresno Police Deparlment will maintain a file on all Southeast Fresno
RAD criminal history checks, including the request form, any CLETS
printouts and a copy of any criminal history information released to
Southeast Fresno RAD for a minimum of three (3) years.
Only the Chief executive officers of Southeast Fresno RAD and his/her
designated staff member(s) of the Southeast Fresno RAD, desígnated in
writing to the Fresno Police Department by the chief executive officer, may
request and receive criminal information, subject to the following
paragraph.
Designated Southeast Fresno RAD 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 lnvestigation (FBl), and a California
Department of Motor Vehicle clearance.
Designated Southeast Fresno RAD staff will review and authorize, by
signature, on the request form, all requests for criminal history check
under the statute.
Any information obtained from CLETS criminal history pursuant to this
Agreement is confidential and the Southeast Fresno RAD shall not
disclose or use the information for any purpose other than that authorized
in the statute.
The criminal history information released to Southeast Fresno RAD and all
copies made from it shall be destroyed not more than thirty (30) days after
Southeast Fresno RAD's final decision as to whether to act on the housing
status of the individual to whom the information relates.
Southeast Fresno RAD shall adopt regulations governing the receipt,
maintenance and use of the criminal history information. The regulations
shall include provisions that require notice that Southeast Fresno RAD has
access to criminal history information on applicants and employees who
have access to Southeast Fresno RAD residences.
Use of criminal history information is to be consistent with Title 24 of the
Code of Federal Regulations and current regulations adopted by the
Southeast Fresno RAD.
Office Facilities and Reimbursement to City for Grant Related Activities.
(a) Southeast Fresno RAD 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
(g)
(e)
(Ð
(h)
(i)
0)
(k)
(t)
3
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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, Southeast
Fresno RAD 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, Southeast Fresno RAD agrees to
reimburse City for costs incurred by City hereunder, in an amount not to
exceed $59,900 for the period beginning July 1 , 2015, and ending June
30, 2016.
(c) The amount of $59,900 is Southeast Fresno RAD's prorated share of City
costs shared with Southeast Fresno RAD, LP and Southeast Fresno RAD,
LP, the costs of which in the aggregate for all three (3) entities combined
are:
o Salary and fringe benefits for two Sworn Police Officers,
$259,148. Cellular and modem ongoing costs $1,200. One Trek Police Bicycle for patrol of complex, to include all
related safety gear $2,483
One l-pad for use in the complex office; $599.00 per item plus
monthly charges for a total of $1,094; and
One Officer Tac Vest $125.00
And other allowable costs as outlined in the OMB Circular A-87 (Revised
05t10t04).
The City will bill Southeast Fresno RAD on a monthly basis. Payment of
any bill shall be contingent on receipt of the weekly reports and completion
of described activities.
4. Term.
The term of this Agreement shall commence on July 1,2015 and shall end on
June 30,2016, subject to earlier termination as provided herein.
5. Termination.
Notwithstanding the foregoing, this Agreement may be terminated immediately
by either the Southeast Fresno RAD 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.
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6.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 RAD budgets funds shall not
be used to replace funds of, or positions othenryise funded by, City.
As applicable, costs and expenditures must be allowable in accordance with
OMB Circular A-87, Cosf principals for state, local and lndian Tribal
Governmenfs. 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 Southeast Fresno RAD 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 Southeast Fresno RAD 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 Southeast Fresno RAD. 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 Southeast Fresno
RAD 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 Southeast Fresno RAD as
employees of Southeast Fresno RAD 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 lnsurance, Worker's Compensation lnsurance
and all other wages and benefits applicable to its employees. City further agrees
to hold Southeast Fresno RAD harmless for any and all claims made with regard
to such matters.
7.
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8, lndemnification.
To the furthest extent allowed by law, Southeast Fresno RAD 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), and from any and all claims, demands
and actions in law or equity (including reasonable attorney's fees and litigation
expenses) that arise out of, pertain to, or relate to the reckless disregard or willful
misconduct of Southeast Fresno RAD, its principals, officers, employees, agents or
volunteers in the performance of this Agreement.
To the furthest extent allowed by law, CITY shall indemnify, hold harmless and
defend Southeast Fresno RAD 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), and from any and all claims, demands
and actions in law or equity (including reasonable attorney's fees and litigation
expenses) that arise out of, pertain to, or relate to the reckless disregard or willful
misconduct of CITY, its principals, officers, employees, agents or volunteers in the
performance of this Agreement.
This section shall survive termination or expiration of this Agreement.
9. 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 pady 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. Bindinq.
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.
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12. Assiqnment,
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.
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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. Headinos.
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. 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.
17. 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 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.
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19. Entire Aqreement.
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.
Southeast Fresno RAD, LP,
A California Limited Partnership
By: Silvercrest, lnc., a California
By: Southeast Fresno RAD, AGP, LLC,
a California Limited Liability Company
Its: Administrative General Partner
By: Housing Authority of the City
of Fresno, California, a public
and politic
a
By:
Director
* lf a General Partner is a corporation or
LLP, requires signatures of bofh
Chai rman/PresidenWP and
C FO/Secretary/Assistant
Secretary/Treasu rer for that partner
CITY OF FRESNO,
a municipal corporation
ATTEST:
Yvonne Spence, CMC
City Clerk, a],t of Fresno
BY:
ADDRESSES:
Southeast Fresno RAD
Attention: Preston Prince
Executive Director/CEO
1331 Fulton Mall
Fresno, CA 93721
City of Fresno Police Department
Attention: Randy Dobbins
South District Commander
2323 Mariposa Mall
Fresno, CA.93721
o Police Department
PrinCe, Secretary/Di rector
APPROVED AS TO FORM:
Douglas T. Sloan, City Attorney
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