HomeMy WebLinkAboutSanger Unified School District Agreement 7.1.22AGREEMENT
CITY OF FRESNO, CALIFORNIA
AND SANGER UNIFIED SCHOOL DISTRICT
THIS AGREEMENT is made and entered into effective the 1st day of July 2022, by and
between the City ofFresno, a California municipal corporation (CITY), and Sanger Unified School
District (D[STRICT.)
RECITALS
WHEREAS, DISTRICT recognizes that the Fresno Police Department's (FPO) 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-FPO 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 one SRO and a sergeant position assigned, in part, to oversee such officers, and thereby
assist FPO in continuation ofits practice ofassigning SROs at DISTRICT high schools; and
WHEREAS, CITY is willing to provide one SRO 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, it is mutually agreed as follows:
1. Law E nforcemen t Services
(a) CITY will provide one officer to be reimbursed 95% by DISTRICT to perfonn regular duty law
enforcement services at DISTRICT high schools (Sanger West High School) for the entire fiscal
year. City will provide one full-time sergeant to oversee the officers, which cost will be
reimbursed 5% by 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 FPO 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 subject to 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 Chiefof 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.
(e) In the event DlSTRICT 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
E nforcement Services", as it may be amended from time-to-time, and the applicable provision~
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 ClTY retains control over assignments, wages, and other terms and
conditions of employment by CITY of the officers. DISTRICT acknowledges that the officers
are held to the requirements ofthe 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. DISTRlCT Contribution
(a) DISTRICT shall pay 95% of one officer and 5% of the sergeant salaries and benefits; 100% of
vehicle lease fee ofone patrol vehicle; and the balance ofFPD's operational costs for the regular
duty law enforcement services at DISTRICT high schools pursuant to Section l (a), above.
DISTRICT shall pay CITY the respective annual "Total Cost for Sanger Unified School
District," as set forth in Exhibit C, in four equal payments on each the following dates: October
1, January l, April I 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 one
patrol vehicle, 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 ofthis Agreement, overtime is paid at one and one-halftimes
the base rate of pay, and call back rates are a minimum of 3 hours at the rate of time and one
halt).
(c) DISTRICT shall provide office space for the officers at the schools.
3. T erm of Agreement
It is the intent of the parties that the term of this Agreement will begin July 1, 2022 and end on June
30, 2025, 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. T ermination 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, 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 any time 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, employees,
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 claim~, 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 ct 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
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 under this
Agreement on the basis ofrace, 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. Indep ende nt Co mrac l o r and 1 ·o l a Partnership
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 ofthis 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.
IO. Blndi no
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. 1\ ssi en mc nt
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 ofthis Agreement shall not
constitute a continuing waiver or a waiver ofany subsequent breach ofeither 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. Govcrning 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. Head i ngs
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. S ·ve rabil ily
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. lntcrr relation
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
ff either party is required to commence any proceeding or legal action to enforce or interpret
any term, covenant or condition ohhis 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.
18. Exhibits
Each exhibit referenced in this Agreement is, by the 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 ofrisk between the parties, provided for within the body ofthis Agreement, shall be null
and void.
20. o Third -Partv Bt::ndiciarit:s
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 Agreemen t, it is not intended that any rights or interests in this
Agreement benefit or flow to the interest of any third parties.
21. Extent or Agrcemcm
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 negotiat ions, representations or agreements,
either written or oral. This Agreement may be modified only by written in strument duly authorized
and executed by both CITY and DISTRICT.
[SIGNATURES FOLLOW ON THE NEXT PAGE]
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
Exhibit B -Responsibilities of SR Os, Fresno Police Department, and Sanger Unified
Exhibit C -Cost Breakdown of Police Services
California, on the day and year first above written.
CITY OF FRESNO,
aCalifom·
APPROVED AS TO FORM :
By ?~
Pauline Brickey
Deputy City Attorney
SANGER UNIFIED SCHOOL DISTRICT
a local agency
By fZ(y-----)
Ryan Kilby 7
Chief Operations Officer
Sanger Unified School District
Addresses:
CITY:
Fresno Police Department
Attention: Patrol Administration
P.O. Box 1271
2323 Mariposa Mall
Fresno, CA 93715-1271
Attachments:
Exhibit A -Roles and Expectations of SROs
DISTRICT:
Sanger Unified School District
Attention: Ryan Kilby
Chief Operations Officer
1905 7th Street
Sanger, CA 93657
EXHIBIT A
Roles and Expectations of Student Resource Officers (SROs)
SROs work under the direct supervision of the Fresno Police Department (FPO). 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 FPO .
• 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 FPO
expectations.
• Be visible after school during time of crime surges.
EXHIBIT B
Responsibilities of SROs, Fresno Police Department and Sanger Unified
It is the goal ofthe Sanger 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 infonnational sessions with students, parents/guardians and staff regarding
roles and expectations ofSROs
• 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 Sanger
Unified, ifaligned to Police Department standards ofpractice and training
• Participate in quarterly review ofstudent-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 infonnation
with the community
• Develop a system to track who initiates student-SRO contacts (Officer, school
administrator, other staff, etc.)
• Collaboratively with Sanger 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 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 Sanger
Unified expense
• Work with each school to develop school-specific graphics/wraps for SRO vehicles
Sanger 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 p~ovide 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
EXHIBITC
Cost Breakdown of Police Services to Sanger Unified School District
(Effective July 1, 2022 -June 30, 2023)
FY23 SRO Sc ra cant & Officer Costs-Last Name !F irst Name Rank School Annual
Salary &
Fringe
%Allocated
ToSUSD
Annualized
Straight Time
Cost toSUSD
Optional
OT
Rate**
Sgt. ALL $192,734 5% $9,637 $93.01
Officer SWHS $164,032 95% $155 ,830 $77.18
TOTAL $165,467
The above schedule provides the total salary and fringe for each Student Resource Officer assigned
to the Sanger Unified School District (SUSD) for Fiscal Year 2022-23. The amount to be paid by
SUSD is based on a percentage of salary and fringe stated for each officer and the annualized
straight time costs for a total of $ 165.467.
Also noted is the optional overtime rate for each officer. The total overtime charges to SUSD will
be based on the actual number of hours each officer is utilized.
Patrol vehicle lease cost is $10,800 per year, per vehicle. Total charges for one vehicle is$ I 0,800
Total Salary Costs for Period $ 165,467
Total Vehicle Costs for Period $ 10,800
Administrative Fee $ 350
Total Cost for Sanger Unified School District $ 176,617 ***
*Includes salary and all applicable benefits (including, without limitalion, Medicare, Health
and Welfare , uniform, pension, workers compensation premium and POST Certificate Pay
that are actually provided during the respective year ofthis 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 r emain $350for each year. The Fresno Police Department will notify
Sanger Unified School District, in writing, of its annual salary and fringe benefits by Afay
31 st before lhe respective year.