Loading...
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. TL:pgh 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 Aare �fK�ti—Lc.L�I07 lZeae� J Z(4). Aoo 34o e:4 I&/a5 /0 It o tj.,3 o 34D. a 007— -3 eV ( )a /012.3it, 7 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