HomeMy WebLinkAboutFresno Edison Apartments II, LP AGREEMENT BETWEEN CITY OF FRESNO
AND
FRESNO EDISON APARTMENTS II, LP
(Regarding Fresno Edison Apartments II, LP, funds for police services)
THIS AGREEMENT is entered into effective the 1st day of July, 2018, by and
between the Fresno Edison Apartments II , a California limited partnership, hereinafter
called "Fresno Edison Apartments II RAD" or "Fresno Edison Apartments II, LP," 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 Fresno Edison Apartments II; and
WHEREAS, Fresno Edison Apartments II provides housing services and activities
for residents of City; and
WHEREAS, Fresno Edison Apartments II is funding the services provided for in
this Agreement through RAD budgeted funds, referred to hereafter as "RAD budgets"
(using Operations funds for police services), which program and award documents are
incorporated herein by this reference; and
WHEREAS, Fresno Edison Apartments II warrants that RAD budgets make
available funding to reimburse local law enforcement for additional security and protection
services provided in pursuit of the housing programs supported by Fresno Edison
Apartments II; 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 Fresno Edison Apartments II staff; and
WHEREAS, Penal Code Section 11105.03 specifies that a local agency may run
criminal history checks through CLETS and release to the Fresno Edison Apartments II
a record of convictions for certain specified violent felonies that have occurred within the
past ten years; and information on any offenses 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 Fresno Edison Apartments II and the local law
enforcement agency outlining each agency's responsibilities in order to allow the release
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of criminal history information under the Statute, and the provisions contained in Section
2 of this Agreement are intended to serve that purpose; and
WHEREAS, the parties desire to enter into this Agreement, which provides terms
and conditions whereunder the Fresno Edison Apartments II shall utilize the RAD
budgets funds to reimburse City for additional law enforcement security and protective
services provided by City under the RAD budgets 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 the LP budgets and 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 complex located in southwest Fresno:
1) Fresno Edison Apartments II complex (consisting of Legacy
Commons)
Hereafter called the "Target Area."
Based on patrol hours, a prorated portion consisting of $30,000 which comprises 10%
of the total contract will be billed to the Fresno Edison Apartments II, LP (the remainder
will be billed to Fresno Housing Authority, Southeast RAD and Viking Village RAD, LP,
under separate agreements).
(b) LP budgeted 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, RAD budgets services may
be diverted to Fresno Edison Apartments II complexes within the
incorporated limits of the City of Fresno and outside of the "Target Areas,"
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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 (i) Enforcing laws in accordance with Fresno Police Department
policies;
(ii) Submitting weekly crime reports to the Housing Management District
Manager;
(iii) Providing supplemental crime report data required for grant
application, 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 Management Property Manager in advance if the
work schedule changes;
(vi) Submitting available Annual Crime Statistics for each complex, upon
request of Housing Management District Manager;
(vii) Attend the conferences with Housing Management 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 utilized to run CLETS criminal history
checks.
(b) The Fresno Police Department will run criminal history checks on subjects
submitted by the Fresno Edison Apartments II on an agreed upon request
form, if authorized by signature of a designated Fresno Edison Apartments
II staff member.
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(c) The Fresno Police Department will screen CLETS printouts for reportable
offenses as specified in Penal Code Section 11105.03.
(d) The Fresno Police Department will record reportable offenses on the Fresno
Edison Apartments II request form and deliver a copy of the completed form
with any reportable criminal history information to a designated Fresno
Edison Apartments II 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 Fresno Edison Apartments II staff member.)
(e) The Fresno Police Department will maintain a file on all Fresno Edison
Apartments II criminal history checks, including the request form, any
CLETS printouts and a copy of any criminal history information released to
Fresno Edison Apartments II for a minimum of three (3) years.
(f) Only the Chief executive officers of Fresno Edison Apartments II and his/her
designated staff member(s) of the Fresno Edison Apartments II, 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 Fresno Edison Apartments If 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 Fresno Edison Apartments II 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 Fresno Edison Apartments II shall not
disclose or use the information for any purpose other than that authorized
in the statute.
(j) The criminal history information released to Fresno Edison Apartments II
and all copies made from it shall be destroyed not more than thirty (30) days
after Fresno Edison Apartments II's final decision as to whether to act on
the housing status of the individual to whom the information relates.
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(k) Fresno Edison Apartments II shall adopt regulations governing the receipt,
maintenance and use of the criminal history information. The regulations
shall include provisions that require notice that Fresno Edison Apartments
II has access to criminal history information on applicants and employees
who have access to Fresno Edison Apartments II residences.
(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 Fresno
Edison Apartments II.
3. Office Facilities and Reimbursement to City for Grant Related Activities.
(a) Fresno Edison Apartments II 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 Cedar Courts (CAL 6-8) 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, Fresno Edison
Apartments II 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, Fresno Edison Apartments 11 agrees to
reimburse City for costs incurred by City hereunder, in an amount not to
exceed $30,000 for the period beginning July 1, 2018, and ending June 30,
2019.
(c) The amount of $30,000 is Fresno Edison Apartments II's prorated share of
City costs shared with Fresno Edison Apartments II, LP and Fresno Edison
Apartments 11, LP. The aggregate costs are as follows:
® Salary and fringe benefits for two Sworn Police Officers -
$284,406
• Overtime for Sworn Police Officers - $5,000
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).
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The City will bill Fresno Edison Apartments II 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.
5. Termination.
Notwithstanding the foregoing, this Agreement may be terminated immediately by either
the Fresno Edison Apartments II 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 RAD budget funds 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. Capital
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 Fresno Edison Apartments II 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 Fresno Edison Apartments II 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 Fresno Edison Apartments ll. 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
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Fresno Police Department. Nothing in this Agreement and nothing in the course of
dealings between Fresno Edison Apartments II 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 Fresno Edison Apartments
II as employees of Fresno Edison Apartments II 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
applicable to its employees. City further agrees to hold Fresno Edison Apartments II
harmless for any and all claims made with regard to such matters.
8. Indemnification and Insurance.
To the furthest extent allowed by law, Fresno Edison Apartments II 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), and from any and all claims, demands and actions in
law or equity (including reasonable attorney's fees and litigation expenses) that arise out
of, pertain to, or relate to the reckless disregard or willful misconduct of Fresno Edison
Apartments ll, its principals, officers, employees, agents or volunteers in the performance
of this Agreement.
To the furthest extent allowed by law, CITY shall indemnify, hold harmless and defend
Fresno Edison Apartments II 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), and from any and all claims, demands and actions in
law or equity (including reasonable attorney's fees and litigation expenses) that arise out
of, pertain to, or relate to the reckless disregard or willful misconduct of CITY, its
principals, officers, employees, agents or volunteers in the performance of this
Agreement.
The fact that insurance is obtained by Fresno Edison Apartments II shall not be deemed
to release or diminish the liability of Fresno Edison Apartments Il, 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 Fresno Edison Apartments Il. Approval or purchase of
any insurance contracts or policies shall in no way relieve from liability nor limit the liability
of Fresno Edison Apartments II, its principals, officers, agents, employees, persons under
the supervision of Fresno Edison Apartments II, vendors, suppliers, invitees, consultants,
sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
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This section shall survive termination or expiration of this Agreement.
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.
11. Bindin
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.
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14. Governing Law and VeJlUe-
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
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. 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.
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[SIGNATURE PAGE TO FOLLOW]
1686982v1/18621.0001
IN WITNESS WHEREOI=, the parties have executed this Agreement at Fresno,
California, on the day and year first above written.
CITY OF FRESNO, FRESNO EDISON APARTMENTS II.
A California municipal corporation a California limited partnership
- - By: Silvercrest, Inc., a California non-
profit benefit corporation
By' Its: Managing General Partner
JerKy-5yeWChief o Police
Fresno olice Department
By:
APPROVED AS TO FORM: Preston rince, Da e
Secretary/Director
DOUGLAS T. SLOAN
City Attorney
By. FRESNO EDISON APARTMENTS II,
racy N. arvanian Date AGP LLC, a California limited liability
Senior D uty City Attorney l .i8 company
Its: Administrative General Partner
ATTEST:
YVONNE SPENCE, MMC By: Housing Authority of the City of
City Clerk Fresno, A California body corporate and
politic, Mem and Manager
By:
Deputy g � 1 y 7 .�1 1
P 'resto'n Prince ate
CEO/Executive Director
*If a General Partner is a corporation or
LLP, requires signatures of both
Chairman/President/VP and
CFO/Secretary/Treasurer for that partner
Addresses:
CITY: Addresses:
City of Fresno Police Department Fresno Edison Apartments II
Attention: D.C. Lydia Carrasco Attention: Preston Prince
Patrol Division Executive Director/CEO
P.O. Box 1271 1331 Fulton Mall
Fresno, CA 93715-1271 Fresno, CA 93721
1686982v1/18621.0001