HomeMy WebLinkAboutState Center Community College District Long term substitute Police AcademyCoy of
r�7C�zzy� REPORT TO THE CITY COUNCIL
October 23 2007
AGENDA ITEM NO. 18
COUNCIL MEETING 10/2307
APPROVED BY
DEPARTMENT DIRECTO
CITY MANAG
FROM: JERRY P. DYER, Chief of Police
Police Department
BY: TOM LABAND, Lieutenant
Police Department
SUBJECT: APPROVE THE AGREEMENT BETWEEN THE CITY OF FRESNO AND THE STATE
CENTER COMMUNITY COLLEGE DISTRICT TO TEMPORARILY ASSIGN POLICE
SERGEANT BILL DOOLEY TO THE FRESNO CITY COLLEGE POLICE ACADEMY AS A
LONG-TERM SUBSTITUTE FOR A TERM NOT TO EXCEED JUNE 30, 2008; ADOPT THE
25th AMENDMENT TO ANNUAL APPROPRIATION RESOLUTION NO. 2007-214
APPROPRIATING $78,400 OF ADDITIONAL FUNDS FOR FY 08; ADOPT THE
5th AMENDMENT TO POSITION AUTHORIZATION RESOLUTION NO. 2007-215 ADDING
ONE POLICE SERGEANT
KEY RESULT AREA
Employee recruitment and retention.
RECOMMENDATIONS
It is recommended that City Council approve the Agreement between the Police Department and the State
Center Community College District. The Fresno Police Department has a close working relationship with
the Fresno City College Police Academy, with the Academy providing the basic training for most newly
hired Fresno police officers, and an ongoing relationship regarding in-service training for officers.
EXECUTIVE SUMMARY
Retroactive to September 1, 2007, the City of Fresno has the opportunity to enter into an agreement with
the State Center Community College District to temporarily assign Police Sergeant Bill Dooley to serve on
a 100 percent basis as a "long-term substitute' for the Fresno City College Police Academy. Academy
Director, Mr. Richard Lindstrom, specifically requested that Sergeant Dooley be made available to a critical
position at the Academy that has become temporarily vacant. Sergeant Dooley has many years of
experience with the Academy. The State Center Community College District will reimburse the City of
Fresno for his full salary, benefits, and worker's compensation coverage during the term of the agreement.
This Agreement will begin on September 1, 2007. The agreement may be terminated by the State Center
Community College District, should Sergeant Dooley become unavailable to serve the Fresno City College
Police Academy, or if sufficient funds are not available to continue the project, or if the position is filled by a
permanent replacement.
Rmse"W to City Coned
Date
Disposition
Report to Council
Academy Agreement — Sgt. Dooley
October 23, 2007
Page 2
The amendment to the PAR will increase the number of police sergeant positions by one, allowing the
Police Department to maintain current staffing levels of sergeants while Sergeant Dooley is temporarily
assigned to the Academy. Upon conclusion of Sergeant Dooley's service to the Academy an Amendment
to reduce the PAR will be brought to Council.
KEY OBJECTIVE BALANCE
The Inter -Jurisdictional Exchange Agreement between the City of Fresno and the State Center Community
College District balances the three key objectives of prudent financial management, employee satisfaction,
and customer satisfaction by providing for continued training of law enforcement personnel by the Fresno
City College Police Academy while reimbursing the City of Fresno for the cost of the Exchange Agreement.
This will ultimately benefit the community by providing for well-trained Fresno police officers.
BACKGROUND
The Fresno City College Police Academy provides both basic and in-service State of California Peace
Officer Standards and Training certified training to Fresno police officers, which benefits the Fresno Police
Department, the City of Fresno, and the community. It is in the best interest of all parties that this training
continues, uninterrupted, at the current level. Due to the temporary, long-term reassignment of a Fresno
City College Police Academy staff member, the Academy Director identified Sergeant Dooley as a qualified
replacement who would allow the Academy to continue to provide all current levels of training that it offers.
Proper training of law enforcement personnel has been proven to lower liability exposure. The use of
Sergeant Dooley as a "long-term substitute," is the most effective way to ensure the continued level of law
enforcement training that the Fresno City College Police Academy provides.
FISCAL IMPACT
The State Center Community College District will fully reimburse the City of Fresno for the cost of this
contract, thus, there is no net fiscal impact to the General Fund. The attached AAR amendment will
increase budget appropriations to $78,400, equal to the maximum reimbursement from the State Center
Community College District.
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10/04/07
Attachments: Agreement between City of Fresno and the State Center Community College District
25th Amendment to AAR 2007-214
5th Amendment to PAR 2007-215
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INTER -JURISDICTIONAL EXCHANGE AGREEMENT
BETWEEN
THE CITY OF FRESNO
AND
THE STATE CENTER COMMUNITY COLLEGE DISTRICT
This Agreement is entered into effective the 1 s` day of September by and between the
City of Fresno (hereinafter referred to as "City"), a municipal corporation, and the State Center
Community College District (hereinafter referred to as "State Center").
1. Temporary Assignment and Term of Agreement. City agrees to temporarily
assign Sgt. Bill Dooley of the City of Fresno Police Department ("FPD") to serve on a full-time
basis as a "Long -Term Substitute" for a position at the Fresno City College Police Academy.
Sgt. Dooley shall serve in such capacity from September 1, 2007 through December 31, 2007
with an option of State Center to extend this initial period to June 30, 2008 by notifying City on
or before November 30, 2007.
2. Reimbursement by State Center. Sgt. Dooley shall continue to receive his full
salary and benefits paid by the City, and State Center shall reimburse City for its costs
(including salary and benefits as paid to Sgt. Dooley and worker's compensation) during the
initial period of this Agreement or any extension while Sgt. Dooley is assigned at the Fresno
City College Police Academy. Any other duties assigned by FPD which extend Sgt. Dooley's
working hours beyond those which constitute his regular duty hours with City shall be time
outside of assigned Cityworking hours at the Fresno City College Police Academy and shall not
constitute any cost to State Center.
State Center shall not be liable to reimburse City for its costs in excess of Seventy-eight
thousand. Four Hundred Dollars ($78.400), unless this Agreement is amended to increase such
maximum amount. The breakdown of said sum for September 1, 2007 through December31,
2007 (with an option to extend to June 30, 2008) for Mr. Dooley are as follows:
Salary $63.500
Benefits $13.000
STRS (State Center retirement plan) $
Medicare $
Workers' Compensation $1 900
Unemployment Insurance $
Other $
Total $78,400
3. Invoice and Payment. City may invoice State Center at the end of each thirty
(30) day period of this Agreement for Sgt. Dooley's services during the term of this Agreement.
State Center shall make payment to City within thirty (30) days upon receipt of each invoice
which shall be mailed to the following address:
Randy Rowe
State Center Community College District
1525 East Weldon Avenue
Fresno, California 93704
- 1 -
4. Workers' Compensation. State Center shall reimburse City costs for Workers'
Compensation coverage as provided in Section 2, above.
5. Termination. This Agreement may be terminated by either party upon thirty (30)
days written notice to the other party if, for any reason, Sgt. Dooley should become unable to
serve the Fresno City College Police Academy or if sufficient funds are not available to continue
the project on which Sgt. Dooley is employed. Either party may terminate this Agreement with
cause upon thirty (30) days written notice to the other party. In the event of termination
hereunder, State Center shall continue to reimburse City for that portion of City's costs
including, without limitation, Sgt. Dooley's salary and benefits earned by him through the date of
termination.
6. Indemnification. State Center 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 the City, State Center or any other person, and from any and all claims, demands
and actions in law or equity (including attorneys fees and litigation expenses), arising directly or
indirectly from the negligence or willful misconduct of State Center or any of its officers,
officials, employees, agents or volunteers in the performance of this Agreement.
City shall indemnify, hold harmless and defend State Center 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, State
Center or any other person, and from any and all claims, demands and actions in law or equity
(including attomey's fees and litigation expenses), arising directly or indirectly from the
negligence or willful misconduct of City 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 State Center or any of its officers,
officials, 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 oras
may be modified hereafter.
This section shall survive termination or expiration of this Agreement.
7. Insurance. It is understood and agreed that State Center 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 Insurance, Certificates of Insurance or other similar
documentation shall not be required of either party under this Agreement.
8. 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 party. Any
attempted assignment by a party, its successors or assignees, shall be null and void unless
approved in writing by the other party.
9. Binding. Subject to Section 8, above, this Agreement is binding upon the
successors and assigns of the parties.
- 2 -
10. Modification. This Agreement shall only be modified by a written agreement
signed by the parties.
11. Extent of Agreement. This Agreement sets forth all of the terms, conditions and
covenants between the parties. This Agreement supersedes any previous oral representations
or written memoranda and shall be deemed to have stated all of the terms, conditions and
covenants pertaining to the Agreement.
12. Waiver. The failure by either party to enforce any term or provision of this
Agreement shall not constitute a waiver of that term or provision, or any other term or provision.
No waiver by either party of any term or provision of this Agreement shall be deemed or shall
constitute a waiver of any other provision of this Agreement, nor shall any waiver constitute a
continuing waiver unless otherwise expressly provided in writing.
13. Severability. In the event any clause, sentence, term or provision of this
Agreement shall be held by any court of competent jurisdiction to be illegal, invalid, or
unenforceable for any reason, the remaining portions of this Agreement shall nonetheless
remain in full force and effect.
14. Governing Law and Venue. This Agreement is made under and shall be
construed in accordance with the laws of the State of California. Venue for any action arising
out of or relating to this Agreement shall only be Fresno County, California.
15. Notice. Any notice required or desired to be given pursuant to this Agreement
shall be in writing, duly addressed to the respective party below. By written notice in
conformance herewith, either party may change the address to which notices to said party must
be delivered. Any notice deposited with the United States Postal Service shall be deemed to
have been duly given when so deposited, certified or registered, postage prepaid, addressed
asset forth below or as changed asset forth herein. Notice sent by any other manner shall be
effective only upon actual receipt thereof.
State Center: Randy Rowe
Associate Vice Chancellor, Human Resources
State Center Community College District
1525 East Weldon Avenue
Fresno, California, 93704
City: Chief Jerry Dyer
City of Fresno Police Department
2323 Mariposa Mall
Fresno, California 93721
16. Compliance with Law. Each party shall comply with all applicable provisions of
law and the rules and regulations, if any, of governmental authorities having jurisdiction over
the subject matters herein.
17. Attomev's Fees. 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.
- 3 -
J
18. 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 meaning.
19. 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.
20. Authori . State Center represents that it has the full authority to enter into
this Agreement and to consummate the transactions intended by this Agreement, and no
other consent to do so is required.
- 4 -
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized representatives as of the date first above written.
Human Resources
Date 16— 3^y -
APPROVED AS TO FORM:
James C. Sanchez
City Attorney
By:
Nark y A. ,I er Date
Senior Deputy
- 5 -
CITY OF FRESNO,
a municipal corporation
fg!yl
A -
Jerry Dyer, Chief of Police
Fresno Police Department
Date
ATTEST:
Rebecca E. Klisch
City Clerk
By:
Deputy
CITY OF FRESNO
city clews office (Original)
INTER -JURISDICTIONAL EXCHANGE AGREEMENT
BETWEEN
THE CITY OF FRESNO
AND
THE STATE CENTER COMMUNITY COLLEGE DISTRICT
IB
IofL��G;l
This Agreement is entered into effective the 15f day of September by and between the
City of Fresno (hereinafter referred to as "City"), a municipal corporation, and the State Center
Community College District (hereinafter referred to as "State Center").
1. Temporary Assignment and Term of Agreement. City agrees to temporarily
assign Sgt. Bill Dooley of the City of Fresno Police Department ("FPD") to serve on a full-time
basis as a "Long -Term Substitute" for a position at the Fresno City College Police Academy.
Sgt. Dooley shall serve in such capacity from September 1, 2007 through December 31, 2007
with an option of State Center to extend this initial period to June 30, 2008 by notifying City on
or before November 30, 2007,
2. Reimbursement by State Center. Sgt. Dooley shall continue to receive his full
salary and benefits paid by the City, and State Center shall reimburse City for its costs
(including salary and benefits as paid to Sgt. Dooley and worker's compensation) during the
initial period of this Agreement or any extension while Sgt. Dooley is assigned at the Fresno
City College Police Academy. Any other duties assigned by FPD which extend Sgt. Dooley's
working hours beyond those which constitute his regular duty hours with City shall be time
outside of assigned City working hours at the Fresno City College Police Academy and shall not
constitute any cost to State Center.
State Center shall not be liable to reimburse City for its costs in excess of Seventy-eight
thousand, Four Hundred Dollars ($78.400), unless this Agreement is amended to increase such
maximum amount. The breakdown of said sum for September 1, 2007 through December 31,
2007 (with an option to extend to June 30, 2008) for Mr. Dooley are as follows:
Salary $63.500
Benefits $13,000
STIRS (State Center retirement plan) $
Medicare $
Workers' Compensation $1 900
Unemployment Insurance $
Other $
Total $78,400
3. Invoice and Payment. City may invoice State Center at the end of each thirty
(30) day period of this Agreement for Sgt. Dooley's services during the term of this Agreement.
State Center shall make payment to City within thirty (30) days upon receipt of each invoice
which shall be mailed to the following address:
Randy Rowe
State Center Community College District
1525 East Weldon Avenue
Fresno, California 93704
- 1 -
4. _Workers' Compensation. State Center shall reimburse City costs for Workers'
Compensation coverage as provided in Section 2, above.
5. Termination. This Agreement maybe terminated by either party upon thirty (30)
days written notice to the other party if, for any reason, Sgt. Dooley should become unable to
serve the Fresno City College Police Academy or if sufficient funds are not available to continue
the project on which Sgt. Dooley is employed. Either party may terminate this Agreement with
cause upon thirty (30) days written notice to the other party. In the event of termination
hereunder, State Center shall continue to reimburse City for that portion of City's costs
including, without limitation, Sgt. Dooley's salaryand benefits earned by him through the date of
termination.
6. Indemnification. State Center 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 the City, State Center or any other person, and from any and all claims, demands
and actions in law or equity (including attorneys fees and litigation expenses), arising directly or
indirectly from the negligence or willful misconduct of State Center or any of its officers,
officials, employees, agents or volunteers in the performance of this Agreement.
City shall indemnify, hold harmless and defend State Center 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, State
Center 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
negligence or willful misconduct of City 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 State Center or any of its officers,
officials, 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 oras
may be modified hereafter.
This section shall survive termination or expiration of this Agreement.
7. Insurance. It is understood and agreed that State Center 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 Insurance, Certificates of Insurance or other similar
documentation shall not be required of either party under this Agreement.
8. 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 party. Any
attempted assignment by a party, its successors or assignees, shall be null and void unless
approved in writing by the other party.
9. Binding. Subject to Section 8, above, this Agreement is binding upon the
successors and assigns of the parties.
- 2 -
10. Modification. This Agreement shall only be modified by a written agreement
signed by the parties.
11. Extent of Agreement. This Agreement sets forth all of the terms, conditions and
covenants between the parties. This Agreement supersedes any previous oral representations
or written memoranda and shall be deemed to have stated all of the terms, conditions and
covenants pertaining to the Agreement.
12. Waiver. The failure by either party to enforce any term or provision of this
Agreement shall not constitute a waiver of that term or provision, or any other term or provision.
No waiver by either party of any term or provision of this Agreement shall be deemed or shall
constitute a waiver of any other provision of this Agreement, nor shall any waiver constitute a
continuing waiver unless otherwise expressly provided in writing.
13. Severability. In the event any clause, sentence, term or provision of this
Agreement shall be held by any court of competent jurisdiction to be illegal, invalid, or
unenforceable for any reason, the remaining portions of this Agreement shall nonetheless
remain in full force and effect.
14. Governing Law and Venue. This Agreement is made under and shall be
construed in accordance with the laws of the State of California. Venue for any action arising
out of or relating to this Agreement shall only be Fresno County, California.
15. Notice. Any notice required or desired to be given pursuant to this Agreement
shall be in writing, duly addressed to the respective party below. By written notice in
conformance herewith, either party may change the address to which notices to said party must
be delivered. Any notice deposited with the United States Postal Service shall be deemed to
have been duly given when so deposited, certified or registered, postage prepaid, addressed
as set forth below or as changed as set forth herein. Notice sent by any other manner shall be
effective only upon actual receipt thereof.
State Center: Randy Rowe
Associate Vice Chancellor, Human Resources
State Center Community College District
1525 East Weldon Avenue
Fresno, California, 93704
City: Chief Jerry Dyer
City of Fresno Police Department
2323 Mariposa Mall
Fresno, California 93721
16. Compliance with Law. Each party shall comply with all applicable provisions of
law and the rules and regulations, if any, of governmental authorities having jurisdiction over
the subject matters herein.
17. Attorney's Fees. 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.
- 3 -
18. 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 meaning.
19. 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.
20. Authori . State Center represents that it has the full authority to enter into
this Agreement and to consummate the transactions intended by this Agreement, and no
other consent to do so is required.
- 4 -
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized representatives as of the date first above written.
M
Assodiate Vice Chancellor,
Human Resources
Date / 0 l c)2
APPROVED AS TO FORM:
James C. Sanchez
City Attorney
By:
N dy A. ier Date
S nior De ty
- 5 -
CITY OF FRESNO,
a municipal corporation
C( itvl
By
Jerry Dye , Chief of Police
Fresno Police Department
Date �IC'� G � 7c)o-1
ATTEST:
Rebecca E. Klisch
City Clerk
By: Ji nu 1 UtQQ�
Deputy �rn71