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HomeMy WebLinkAboutFresno Unified School District Agmnt 7.1.2021 b/ ?11 P 0�� Board Approved June 16,2021 Agenda Item:A-10 1 AGREEMENT CITY OF FRESNO, CALIFORNIA AND FRESNO UNIFIED SCHOOL DISTRICT THIS AGREEMENT is made and entered into effective the 11day of July, 2021, by and between the City of Fresno, a California municipal corporation (hereinafter referred to as "CITY"), and Fresno Unified School District(hereinafter referred to as "DISTRICT"). RECITALS WHEREAS, DISTRICT recognizes that the Fresno Police Department's ("FPD") assignment of Student Resource Officers (SRO) at DISTRICT high schools to perform regular duty law enforcement services is greatly beneficial to DISTRICT in supporting safe, secure, and peaceful school campuses; and WHEREAS, roles and expectations of SROs are described in Exhibit A; and WHEREAS, it is the goal of the DISTRICT-FPD partnership to support safe campus environments where all students feel cared for and connected, and where policies, practices and interactions help create a culture free from bias toward specific student groups;and WHEREAS, DISTRICT desires to contribute monies to CITY to offset CITY'S operational costs for eleven SROs and a sergeant position assigned, in part,to oversee such officers, and thereby assist FPD in continuation of its practice of assigning SROs at DISTRICT high schools; and I I WHEREAS, CITY is willing to provide eleven SROs and a sergeant assigned (in part)to oversee such officers, to perform regular duty law enforcement services at DISTRICT high schools,subject to availability of such officers. AGREEMENT NOW,THEREFORE,in consideration of the foregoing and of the covenants,conditions, and premises hereinafter contained,to be kept and performed by the respective parties,it is mutually agreed as follows: I 1. Law Enforcement Services (a) CITY will provide eleven officers to be reimbursed 95% by DISTRICT to perform regular duty law enforcement services at DISTRICT high schools (Bullard, Cambridge, DeWolf, Duncan, Edison, Fresno, Hoover, McLane, Phoenix, Roosevelt, and Sunnyside) for the entire fiscal year. City will provide one full-time sergeant to oversee the officers to be reimbursed 90% by the district. All officers and the sergeant assigned to oversee the officers are subject to availability. For purposes of this Agreement, availability shall be in the sole determination of FPD's Chief of Police, or his/her designated representative, taking into consideration any factors including, without limitation, health of officers, shortage of manpower, and duty assignment of officer(s) to higher priority matters. However, in specific instances of the officer(s) taking sick or personal leave or FPD approved law enforcement training,then another available police officer will be assigned temporarily at the schools during such leave or training. If another officer is not available to be assigned temporarily, the DISTRICT will not be charged for services for that time period. When school is not in session, the assignment of SRO officers shall be at the discretion of the Chief of Police. (b) On an as-needed basis and subjectto the availability of the officers,DISTRICT may request such law enforcement services by the assigned officers on an overtime basis immediately after the schools'normal hours of operations and on a call back basis at school functions or Board of Education meetings later in the evenings and on weekends. For purposes of this Agreement, "availability" shall be in the sole determination of FPD's Chief of Police, or his/her designated, representative, taking into consideration any factors including, without limitation, the officer's personal availability, health of officers, shortage of manpower,funding, and duty assignment of officer to higher priority matters. (c) In the event DISTRICT requires law enforcement services for school functions in evenings or on weekends in addition to, or due to the unavailability of,the assigned officers,then DISTRICT shall obtain such services under separate agreement with CITY for "Contract Law Enforcement Services" in accordance with Fresno Municipal Code section 2-1517.1, as it may be amended from time-to-time, and the applicable provisions of the then current Memorandum of Understanding between CITY and Fresno Police Officers Association (Non-Supervisory Police-Unit 4) as it may be amended from time-to-time. (d)The parties agree that CITY retains control over assignments,wages, and other terms and conditions of employment by CITY of the officer. DISTRICT acknowledges that the officer is held to the requirements of the law and FPD policy. DISTRICT agrees that it shall not have authority to direct the officer's law enforcement activity. DISTRICT will immediately notify FPD of any concerns regarding such activity. (e) CITY and DISTRICT agree to work collaboratively to fulfill the responsibilities described in Exhibit B,pertaining to SROs, FPD and DISTRICT. 2. DISTRICT Contribution (a) 95%of eleven officers and 90%of the sergeant salaries and benefits; 100%of vehicle 2 r lease fee of twelve patrol vehicles; and the balance of FPD's operational costs for the regular duty law enforcement services at DISTRICT high schools pursuant to Section I(a), above,DISTRICTshall pay CITYthe respective annual"Total Costfor Fresno Unified School f District," as set forth in Exhibit C, in four equal payments on each the following dates: 4 October 1, January 1, April 1 and June 1. For purposes of this Agreement, "operational costs" include (i) the salary and benefits of the officers (including, without limitation, Medicare, medical insurance, uniform allowance, unemployment, pension, workers compensation premium, special unit pay and POST Certificate Premium Pay), (ii) the operation and maintenance of twelve patrol vehicles, and (iii) administrative fees;as are set forth in more detail in Exhibit C. (b) DISTRICT shall reimburse CITY on an actual cost basis for the annual salary and benefits of the officers,and any sergeant,assigned pursuant to Section 1(b),above.DISTRICT shall reimburse CITY monthly,in arrears,no later than 30 days upon receipt of an invoice from CITY.CITY shall be paid in accordance with the overtime and call back rates then in effect at the time of performance as governed by the then current Memorandum of Understanding between CITY and Fresno Police Officers Association (Non-Supervisory Police Unit 4) as may be amended (e.g., upon execution of this Agreement, overtime is paid at one and one-half times the base rate of pay,and call back rates are a minimum of 3 hours at the rate of time and one-half). (c) DISTRICT shall provide office space for the officers at the schools. 3. Term ofAgreement It is the intent of the parties that the term of this Agreement will begin July 1, 2021 and end on June 30,2024,unless terminated earlier in accordance with this Agreement.The parties shall have the option to extend the term of this Agreement for one (1)additional two-year term by mutual written agreement. 4. Termination of Agreement (a) Either party may terminate this Agreement without cause upon 30 calendar days prior written notice to the other party. (b) This Agreement may be terminated immediately by either party upon seven calendar days prior written notice should the other party fail substantially to observe, fulfill or perform any obligation, covenant,term or condition in accordance with this Agreement. A party will have failed substantially to observe, fulfill or perform any obligation, covenant, term or condition of this Agreement, if such failure is not cured within such seven calendar days prior written notice and this shall constitute a material default and breach of this Agreement.The party terminating the Agreement may exercise any right, 3 remedy(in law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law, or proceed by appropriate court action to enforce the terms of the Agreement, or to recover direct, indirect, consequential or incidental damages for the breach of the Agreement. (c) No remedy or election hereunder shall be deemed exclusive but shall,wherever possible, be cumulative with all other remedies at law or in equity. 5. Indemnification (a) DISTRICT 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 anytime and property damage)incurred by CITY, DISTRICT 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 DISTRICT or any of its officers, directors, trustees, employee's, agents or volunteers in the performance of this Agreement; provided nothing herein shall constitute a waiver by DISTRICT of governmental immunities including California Government Code Section 810 et seq. (b) CITY shall indemnify, hold harmless and defend DISTRICT and each of its officers, directors,trustees,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 District, City 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 CITY or any of its officers,officials,employees,agents or volunteers in the performance of this Agreement; provided nothing herein shall constitute a waiver by CITY of governmental immunities including California Government Code Section 810 et seq. (c) In the event of concurrent negligence on the part of DISTRICT or any of its officers, directors, trustees, 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 or as may be modified hereafter. (d) This section shall survive expiration or termination of this Agreement. 6. insurance 4 It is understood and agreed that DISTRICT 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, e.g., Certificates of Insurance or other similar documentation,shall not be required of either party under this Agreement. 7. Nondiscrimination Neither party shall employ discriminatory practices in their respective performance underthis Agreement on the basis of race,religious creed,color,national origin,ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity,status as a disabled veteran or veteran of the Vietnam era. 8. Independent Contractor and Not a Partnershi For purposes of this Agreement, CITY and DISTRICT shall act in an independent capacity and not as officers or employees or agents of the other. Nothing in this Agreement establishes,constitutes,or will be construed as establishing or constituting a partnership or agency or employment relationship between CITY and DISTRICT. Officers providing services under this Agreement shall remain the employees of CITY and shall not be employees of DISTRICT. 9. 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 States mail,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. 10. 6indin Once this Agreement is signed by all parties, it shall be binding upon,and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents,servants,employees and representatives. 11.Assignment 5 i Neither party may assign or transfer, by operation of law or otherwise,all or any of its rights or obligations under this Agreement without the prior written consent of the other party. 12. 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 a 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. 13.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 purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County,California. 14. H�aciin s 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. 15.5�ilit The provisions of this Agreement are severable.The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions. 16. 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 of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 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 6 proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 18. Exhibits Each exhibit referenced in this Agreement is,bythe reference,attached and incorporated into and made a part of this Agreement. 19. 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 the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within 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. 20. No Third-Partv 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. 21. Extent of A rg ee..m_ent Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be modified only by written instrument duly authorized and executed by both CITY and DISTRICT. 7 IN WITNESS WHEREOF,the parties have executed this Agreement at Fresno, California. CITY OF FRESNO,a California municipal FRESNO UNIFIED SCHOOL DISTRICT, corporation a local agency By: By: Paco al errama Santino Danisi 06/17/2021 Chiei of iolice Chief Financial Officer Fresn,�olice Department Fresno Unified School District APPROVED AS TO FORM: DOUGLAS T.SLOAN City Attorney 7 2 By: � D put _. Date APPRQV AS TO FOR JTPU ATTE ST: By: YVONNE SPENCE,MMC CRM Andrew De LaTorre, Director City Clerk Benefits and Risk Management /] Fresno Unified School District By: I� �ICtrw �G��'i rig� Addresses: J�' 2-0 2-1 CITY: DISTRICT: Fresno Police Department Fresno Unified School District Attention: Patrol Administration Attention: Santino Danis! P.O.Box 1271 Chief Financial Officer 2323 Mariposa Mall 2309 Tulare St. Fresno, CA 93715-1271 Fresno, CA 93721 Attachments: Exhibit A-Roles and Expectations of SROs Exhibit B-Responsibilities of SROs, Fresno Police Department, and Fresno Unified Exhibit C-Cost Breakdown of Police Services EXHIBIT A Roles and Expectations of Student Resource Officers(SROs) SROs work under the direct supervision of the Fresno Police Department(FPD).The basic duties of SROs are to be visible and active to assist school staff with crime and safety issues, with the objective of supporting safe school environments. The roles and expectations of SROs are as follows: • Support a safe campus environment. • Provide a link between the students, school,community and FPD. • Interact and build relationships with students and staff. • Serve as role models to students. • Be visible in the halls and common areas of the campus, particularly during times of high student movement,for safety and crime prevention. • Work with the principal and provide safety recommendations to help make the campus safer for all. • Respond to reports of on-campus criminal activity,using proper discretion to address criminal activity which includes investigation, documentation, and enforcement of the incident based on the totality of the circumstances and the law violated. • Develop SRO activities based on the goals of the school administration and FDP expectations. • Be visible after school during time of crime surges. EXHIBIT B Responsibilities of SROs, Fresno Police Department and Fresno Unified It is the goal of the Fresno Unified-Fresno Police Department partnership to support safe campus environments where all students feel cared for and connected, and where policies, practices and interactions help create a culture free from bias toward specific student groups. SRO Responsibilities: • Seek opportunities to engage in positive interactions and build relationships with students • Participate in informational sessions with students, parents/guardians and staff regarding roles and expectations of SROs ■ Track positive interactions with students • Track who initiates student-SRO contacts(Officer,school administrator,other staff, etc.) • Participate in cultural proficiency and restorative practices trainings provided by Fresno Unified, if aligned to Police Department standards of practice and training • Participate in quarterly review of student-SRO contact data with school administration and district support staff,and collaboratively develop a plan to reduce disproportionate impacts on specific student groups • Be present with school staff and parents/guardians in conflict resolution involving students • Become familiar with Youth Court as a potential referral for students,when offenses are aligned to the Youth Court process Fresno Police Department Responsibilities: ■ Clearly define roles and expectations of SROs,and consistently communicate and implement them district-wide Develop a system to track positive student interactions, and regularly share this information with the community ■ Develop a system to track who initiates student-SRO contacts (Officer,school administrator,other staff, etc.) Collaboratively with Fresno Unified,develop and implement measures to track and monitor effectiveness of SRO services • Provide student-SRO contact data in Excel format aligned to the district's student groups • Continue to recruit an ethnically/racially and gender diverse group of potential SROs ■ Continue involving site administration (or their designee) in SRO selection,and consider involving community members • Consider a casual uniform for SROs without compromising safety equipment,at Fresno Unified expense • Work with each school to develop school-specific graphics/wraps for SRO vehicles Fresno Unified Responsibilities: Collaboratively with the Police Department,develop and implement measures to track and monitor effectiveness of SRO services Provide SROs with cultural proficiency and restorative practices training,if aligned to Police Department standards of practice and training ® Create opportunities for student,parent/guardian and staff engagement with SROs Publicly provide SRO-related data on a semester basis ® Develop an annual report highlighting the efforts of SROs on district campuses Continue to gather input from all students, intentionally including students who experienced suspension/expulsion to better understand their perceptions and experiences Continue to identify and invest in mental health support services for students n EXHIBIT C Cost Breakdown of Police Services to Fresno Unified School District (Effective July 1,2021 June 30,2022) FY21 SRO Sergeant&Officers Costs Last Name First Rank School Annual %Allocated Annualized Optional Name Salary& To FUSD Straight Time OT Fringe Cost to FUSD Rate** 31 Boyer *ee ALL $178,545 90% $160,690 $69.95 Hughes cer Edison $152,016 95% $144,415 $69.95 Standley cer Roosevelt $152,016 95% $144,415 $69.95 Harris cer McLane $152,016 95% $144,415 $69.95 Gueringer icer Hoover $152,016 95% $144,415 $69.95 Jacobo icer Bullard $136,988 95% $130,138 $66.62 Burger icer Phoenix $152,016 95% $144,415 $69.95 f Lloyd Katrina Officer Cambridge $152,016 95% $144,415 $69.95 ` Gomez Daniel Officer DeWolf $152,016 95% $144,415 $69.95 Underwood James Officer Sunnyside $152,016 95% $144,415 $69.95 Teklemariam Terri Officer Fresno High $152,016 95% $144,415 $69.95 la Erik Officer Duncan $149,452 95% $141,980 $69.95 TOTAL $1,732,545 The above schedule provides the total salary and fringe for each Student Resource Officer assigned to the Fresno Unified 5chooi District(FUSD)for Fiscal Year 2021-22. The amount to be paid by FUSD is based on a percentage of salary and fringe stated for each officer and the annualized straight time casts for a total of$1,732,545. Also noted is the optional overtime rate for each officer. The total overtime charges to FUSD will be based on the actual number of hours each officer is utilized. Patrol vehicle lease cost is$10,800 per year, per vehicle. Total charges for twelve vehicles is 12 X$10,800=$129,600. Total Salary Costs for Period $1,732,545 Total Vehicle Costs for Period $ 129,600 Administrative Fee $ 350 Total Cost for Fresno Unified School District $1,862,495*** For 2021-22 only.The total contract amount will be reduced by$332,000 in recognition of reduced services during school closure,March 2020(FY 2019-20)through March 2021 (FY 2020-21). Each 2021-22 quarterly invoice to FUSD will be reduced by$83,000. *Includes'salary and all applicable benefits(including,without limitation,Medicare,Health and Welfare,uniform,pension,workers compensation premium and POST Certificate Pay that are actually provided during the respective year of this Agreement.) **Includes salary and Medicare ***The respective officer and sergeant costs shall be determined by the Fresno Police Department and shall be based upon the straight-time hourly wage rate,overtime hourly rate and vehicle operations and maintenance cost in effect July 1 for the respective year. The Administrative Fee shall remain$350 for each year. The Fresno Police Department will notify Fresno Unified School District,In writing,of its annual salary and fringe benefits by May 315`before the respective year.