HomeMy WebLinkAboutHousing Authority - Law Enforcement Services - 2018 AGREEMENT BETWEEN CITY OF FRESNO
AND
HOUSING AUTHORITY OF THE CITY OF FRESNO
THIS AGREEMENT is entered into effective the 1St day of July, 2018, by and
between the Housing Authority of the City of Fresno, California, a public body corporate
and politic (Housing Authority,) and the City of Fresno, California, a municipal corporation,
(hereinafter called the City.)
RECITALS
WHEREAS, the City provides local law enforcement services within the jurisdiction
of the Housing Authority; and
WHEREAS, the Housing Authority variously provides public housing services and
activities for residents of City; and
WHEREAS, the Housing Authority is funding the services provided for in this
Agreement through the Public Housing Operating Fund Program, referred to hereafter as
"Operating Fund"; and
WHEREAS, the Housing Authority warrants that the Operating Fund makes
available funding to fund local law enforcement for additional security and protection
services provided in pursuit of the public housing programs supported by the Housing
Authority; and
WHEREAS, on January 1, 1995, California Penal Code Section 11105.03 (Statute)
became effective, allowing local law enforcement agencies to obtain State criminal history
information through the California Law Enforcement Teletype System (CLETS) at the
request of the local housing authorities for the purpose of screening prospective residents
and prospective and current housing authority staff; and
WHEREAS, the Statute specifies that a local agency may run criminal history
checks through CLETS and release to the Housing Authority a record of convictions for
certain specified violent felonies that have occurred within the past ten years-, and
information on any offences committed by any person under 18 years of age are not
reportable under the Statute; and
WHEREAS, Department of Justice guidelines require the development of a
Memorandum of Understanding between the Housing Authority and the local law
enforcement agency outlining each agency's responsibilities in order to allow the release
of criminal history information under the Statute, and the provisions contained in Section
2 of this Agreement are intended to serve that purpose; and
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WHEREAS, the parties desire to enter into this Agreement that provides terms
and conditions where under the Housing Authority shall utilize the Operating Fund to
reimburse the City for additional law enforcement security and protective services
provided by City and related activities; and
WHEREAS, performance of the services by City will be of benefit to City and in
the public interest.
AGREEMENT
NOW, THEREAFTER, in consideration of the above recitals, which recitals are
contractual in nature, the mutual promises herein contained, and for other good and
valuable consideration hereby acknowledged, it is mutually agreed as follows:
1. Scope of Services.
City agrees to provide the following law enforcement services in accordance with and
pursuant to this Agreement, subject to all applicable Constitutional and local law
requirements:
(a) Law enforcement services will be provided by one Sworn Police Officer at
the following Housing Authority complexes located in southwest Fresno:
Housing Authority complexes: Sequoia Courts (CAL 6-2), Sierra
Plaza (CAL 6-3), Fairview Heights Terrace (CAL 6-4), Sequoia
Courts Terrace (CAL 6-5), Sierra Terrace (CAL 6-6), Yosemite
Village (CAL 6-10), DeSoto Gardens 1 and 2 (CAL 28-38 and CAL
6-26); and
Law enforcement services will be provided by one Sworn Police officer at
the following complex located in southeast Fresno:
1) Housing Authority complex: Monte Vista (CAL 6-7)
Hereafter collectively called the "Target Areas."
Based on patrol hours, a prorated portion consisting of $187,012 which comprises 63%
of the total contract will be billed to the Housing Authority (the remainder will be billed to
Southeast Fresno RAD, LP and Viking Village RAD, LP under separate agreements).
(b) Law enforcement services will be provided through full-time assignment
of one (1) sworn officer to each target area, for a total of for a total of two
(2) Sworn Police Officers (for all three agreements), for the funded period
not to exceed twelve months commencing July 1, 2018 and ending June
30, 2019. On an as needed basis, services may be diverted to Housing
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Authority complexes within the incorporated limits of the City of Fresno and
outside of the "Target Areas," with the prior written approval of the Fresno
Police Department's District Commander.
(c) Specific duties for law enforcement services to be performed by each Sworn
Police Officer under this Agreement for the respective designated Target
Areas in paragraph (a) above, include the following:
(i) Enforcing laws in accordance with Fresno Police Department
policies;
(ii) Submitting weekly crime reports to the Housing Authority District
Manager;
(iii) Providing supplemental crime report data required for additional
grant applications, funding opportunities and initiative upon a timely
request by the District Manager
(iv) Referring resident victims to support services;
(v) Subject to Fresno Police Department Scheduling, each officer will
provide 40 hours of law enforcement services per week, during flex
work hours of Daylight Savings Time from 10:00 am —8:00 pm. Work
one Saturday or Sunday per month during the months of June-
September and work one Saturday or Sunday every two months
during the months of October-May. Fresno Police department shall
inform the Housing Authority Property Manager in advance if the
work schedule changes;
(vi) Submitting available Annual Crime Statistics for each complex, upon
request of Housing Authority District Manager;
(vii) Attend the conferences with Housing Authority District Manager
upon request regarding resident concerns;
(viii) Completing regular patrols per site; approximately two patrols in
vehicle and one on foot; and
(ix) In accordance with the Statute providing criminal history background
checks through CLETS.
2. Criminal History Background Checks through CLETS -by Fresno Police
Department.
(a) The two Sworn Police Officers provided hereunder by the Fresno Police
Department, through the City, are employed through the Operating Fund
Program to run CLETS criminal history checks.
(b) The Fresno Police Department will run criminal history checks on subjects
submitted by the Housing Authority on an agreed upon request form, if
authorized by signature of a designated Housing Authority staff member.
(c) The Fresno Police Department will screen CLETS printouts for reportable
offenses as specified in Penal Code Section 11105.03.
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(d) The Fresno Police Department will record reportable offenses on the
Housing Authority request form and deliver a copy of the completed form
with any reportable criminal history information to a designated Housing
Authority staff member, within five (5) working days from the date of the
request. (Note: If it is known that the subject of a criminal history check is
on probation or on parole, the document will be delivered to the appropriate
probation or parole offices with a request to forward the document to the
designated Housing Authority staff member.)
(e) The Fresno Police Department will maintain a file on all Housing Authority
criminal history checks, including the request form, any CLETS printouts
and a copy of any criminal history information released to the Housing
Authority for a minimum of three (3) years.
(f) Only the Chief Executive Offices of the Housing Authority and his/her
designated staff member(s) of the Housing Authority, designated in writing
to the Fresno Police Department by the chief executive officer, may request
and receive criminal information, subject to the following paragraph.
(g) Designated Housing Authority staff granted access to criminal history
information must pass a criminal history background check, which will
require submitting their fingerprints to the California Department of Justice
and the Federal Bureau of Investigation (FBI), and a California Department
of Motor Vehicle clearance.
(h) Designated Housing Authority staff will review and authorize, by signature,
on the request form, all requests for criminal history check under the statute.
(i) Any information obtained from CLETS criminal history pursuant to this
Agreement is confidential and the Housing Authority shall not disclose or
use the information for any purpose other than that authorized in the statute.
Q) The criminal history information released to the Housing Authority and all
copies made from it shall be destroyed not more than thirty (30) days after
the Housing Authority's final decision as to whether to act on the housing
status of the individual to whom the information relates.
(k) The Housing Authority shall adopt regulations governing the receipt,
maintenance and use of the criminal history information. The regulations
shall include provisions that require notice that the Housing Authority has
access to criminal history information on applicants and employees who
have access to Housing Authority residences.
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(1) Use of criminal history information is to be consistent with Title 24 of the
Code of Federal Regulations and current regulations adopted by the
Housing Authority.
3. Office Facilities and Reimbursement to City for Grant Related_Activities.
(a) Housing Authority agrees to provide a secure office at Sequoia Courts
Terrace (CAL 6-5) for use by the Sworn Police Officer in the southwest
district and a secure office at Southeast Fresno RAD for use by the Sworn
Police Officer in the southeast district. Each office shall be equipped with a
telephone, computer and access to restroom facilities for the respective
officer's use. At its sole cost and expense, Housing Authority shall be
responsible for providing all utilities (HVAC, phone, internet, electricity,
water, sewer, garbage, etc.), repair and maintenance services at each
office.
(b) For the aforementioned services, the Housing Authority agrees to
reimburse City for costs incurred by City hereunder, in an amount not to
exceed $187,012 for the period beginning July 1, 2018, and ending June
30, 2019.
(c) The amount of $187,012 is the Housing Authority's prorated share of the
City's costs shared with Southeast Fresno RAD, LP and Viking Village RAD,
LP. The aggregate cost are as follows:
® Salary and fringe benefits for two Sworn Police Officers -
$284,406
0 Overtime for Sworn Police Officers - $5,000
Y Cellular and modem ongoing costs - $1,740
Vehicle O&M costs - 2 vehicles @ 25% - $5,000
And other allowable costs as outlined in the OMB Circular A-87 (Revised
05/10/04).
The City will bill the Housing Authority on a monthly basis. Payment of any
bill shall be contingent on receipt of the weekly reports and completion of
described activities.
4. Term.
The term of this Agreement shall commence on July 1, 2018 and shall end on
June 30, 2019, subject to earlier termination as provided herein.
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5. Termination.
Notwithstanding the foregoing, this Agreement may be terminated immediately by either
the Housing Authority or City, upon the other party's default that is not cured within 30
days of receiving written notice thereof, by giving written notice to the other party of the
termination. Such termination shall be subject to obligations due and owing on the date
of termination.
6. Compliance with Governing Law.
The services provided by the City under this Agreement are over and above the City's
budgeted positions. The parties agree that Operating Fund dollars shall not be used to
replace funds of, or positions, otherwise funded by the City.
As applicable, costs and expenditures must be allowable in accordance with OMB
Circular A-87, Cost principals for state, local and Indian Tribal Governments. Operating
Funds are subject to the Single Audit Act Amendments of 1996 and the OMB Circular, A-
133, Audits of state, local government and non-profit organizations.
City agrees to provide any substantiation and support for services, fees, costs and
expenses upon reasonable request of the Housing Authority for a period of not less than
three (3) years after final payment. Records of City's expenses pertaining to the services
shall be kept on a generally recognized accounting basis and shall be available to
Housing Authority or its authorized representatives upon request during regular business
hours throughout the life of this Agreement and for a period of three (3) years after final
payment. In addition, all books, documents, papers, and records of City pertaining to the
services shall be available for the purpose of making audits, examinations, excerpts, and
transcriptions for the same period of time.
7. Capacity of City.
In rendering the aforesaid services, it is mutually understood and agreed that the City, its
agents and employees, shall at all times be acting and performing independently and not
as employees of the Housing Authority. The Sworn Police Officers shall at all times be
under the direction and control of and must report to the Chief of Police of the City of
Fresno Police Department. Nothing in this Agreement and nothing in the course of
dealings between the Housing Authority and City shall be deemed to create any fiduciary
relationship, trust, partnership, joint venture, agency or employment relationship. City,
and City's employees and agents, shall not be treated by the Housing Authority as
employees of the Housing Authority for any purpose including, but not limited to, laws
providing for Social Security taxes and benefits, state or federal unemployment
compensation taxes, state or federal income tax withholdings or worker's compensation
benefits. City agrees that it has sole responsibility to pay Social Security, State Disability
Insurance, Worker's Compensation Insurance and all other wages and benefits
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applicable to its employees. City further agrees to hold the Housing Authority harmless
for any and all claims made with regard to such matters.
8. Indemnification and Insurance.
(a) To the fullest extent of the law, CITY shall indemnify, hold harmless and
defend Housing Authority 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 Housing Authority, 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 or alleged to have arisen
directly or indirectly from the negligent or intentional acts or omissions, or
willful misconduct 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. This paragraph shall be
construed such that City will indemnify Housing Authority in the event
Housing Authority is named in a lawsuit against Fresno Police Department
personnel arising or alleged to have arisen directly or indirectly from the
negligent or intentional acts or omissions, or willful misconduct, of Fresno
Police Department personnel 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.
To the fullest extent of the law, the Housing Authority 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, the Housing Authority 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 or alleged to have arisen
directly or indirectly from the negligent or intentional acts or omissions, or
willful misconduct of Housing Authority or any of its officers, officials,
employees, agents or volunteers in the performance of this Agreement;
provided nothing herein shall constitute a waiver by Housing Authority of
governmental immunities including California Government Code section
810 et seq.
In the event of concurrent negligence on the part of CITY or any of its
officers, officials, employees, agents or volunteers, and Housing Authority
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
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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.
This subsection (a) shall survive termination or expiration of this
Agreement.
(b) It is understood and agreed that City and the Housing Authority 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.
The fact that insurance is obtained by Housing Authority shall not be
deemed to release or diminish the liability of Housing Authority, including,
without limitation, liability under the indemnity provisions of this Agreement.
The duty to indemnify CITY shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not
act as a limitation upon the amount of indemnification to be provided by
Housing Authority. Approval or purchase of any insurance contracts or
policies shall in no way relieve from liability nor limit the liability of Housing
Authority, its principals, officers, agents.
9. 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.
10. Notices.
Any notice required or intended to be given to either party under the terms of this
Agreement shall be in writing and shall be deemed to be duly given if delivered personally
or deposited into the United Stated mail, return receipt requested, with postage prepaid,
addressed to the party to which notice is to be given at the party's address set forth on
the signature page of this Agreement or at such other address as the parties may from
time to time designate by written notice.
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11. Sindt�ng.
Once this Agreement is signed by the parties, it shall be binding upon, and shall inure to
the benefit of, the parties, and each party's respective heirs, successors, assignees,
transferees, agents, servants, employees and representatives.
12. Assignment.
There shall be no assignment by either party or its rights or obligations under this
Agreement without the prior written approval of the other party. Any attempted
assignment by a party, its successors or assignees, shall be null and void unless
approved in writing by the other party.
13. Waiver.
The waiver by either party of a breach by the other of any provision of this Agreement
shall not constitute a continuing waiver or a waiver of any subsequent breach of either
the same or different provision of this Agreement.
No provisions of this Agreement may be waived unless in writing and signed by all parties
to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
14. Governing Law and Venue.
This Agreement shall be governed by, and construed and enforced in accordance with,
the laws of the State of California. Venue for purpose of the filing of any action regarding
the enforcement or interpretation of this Agreement and any rights and duties hereunder
shall be Fresno, California.
15. Headings.
The section headings in this Agreement are for convenience and reference only and shall
not be construed or held in any way to explain, modify or add to the interpretation or
meaning of the provisions of this Agreement.
16. Severability.
The provisions of this Agreement are severable. The invalidity or unenforceability of any
one provision in this Agreement shall not affect the other provisions.
17. 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
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ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement
in favor or against any party, but rather by construing the terms in accordance with their
generally accepted meeting.
18. No Third Party Beneficiaries.
The rights, interests, duties, and obligations defined within this Agreement are intended
for the specific parties hereto as identified in the preamble of this Agreement.
Notwithstanding anything stated to the contrary in this Agreement, it is not intended that
any rights or interests in this Agreement benefit or flow to the interest of any third parties.
19. Exhibits.
Each exhibit and attachment referenced in this Agreement is, by reference, incorporated
into and made a part of this Agreement.
20. Entire Agreement..
It is mutually understood and agreed that the foregoing constitutes the entire agreement
between the parties for law enforcement services from the Fresno Police Department.
There are no further portions of this agreement, whether prior or contemporaneous,
express or implied, written or oral other than as set for in the provisions of this agreement.
Any modifications or amendments to this agreement must be in writing and signed by
both parties.
[SIGNATURE PAGE TO FOLLOW]
1661543x2/18621.0001
IN WITNESS WHEREOF, the parties have caused their authorized agents to
execute this Agreement at Fresno, California the day and year first above written.
CITY OF FRESNO HOUSING ORITY OF THE CITY OF
a California municipal corporation FRESNO
By. *te
y. --Pre on Princ Date
ChOf of Police CEO/Executive Director
Fresno Police Department
APPROVED AS TO FROM: Address:
DOUGLAS T. SLOAN Housing Authority of the City of Fresno
City Attorney Attention: Preston Prince
Executive Director/CEO
1331 Fulton Mall
By: Fresno, CA 93721
racy N arvanian Date G,I1`,��
Senior Deputy City Attorney 0 `1
ATTEST:
YVONNE SPENCE, MMC
City Clerk
By: /. Qt _
Deputy g�V/,s Date
Address:
City of Fresno Police Department
Attention: D.C. Lydia Carrasco
Patrol Division
P.O. Box 1271
Fresno, CA 93715-1271
1661543v2/18621.0001