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AGREEMENT 5 CITY OF FRESNO, CALIFORNIA AND FRESNO UNIFIED SCHOOL DISTRICT THIS AGREEMENT is made and entered into effective the 1?t day of July, 2015, by and between the City of Fresno. a California municipal corporation (hereinafter referred to as and Fresno Unified School District (hereinafter referred to as RECITALS WHEREAS, DISTRICT recognizes that the Fresno Police Department's assignment of School Resource Of?cers (the position is described in Exhibit A) at the DISTRICTS high schools and selected middle schools to perform regular duty law enforcement services is greatly beneficial to DISTRICT in assisting DISTRICT in providing its pupils with a campus which is safe, secure, and peaceful; and WHEREAS, DISTRICT desires to contribute monies to CITY to partially off-set operational costs for eleven School Resource Of?cers and a sergeant position assigned, in part, to oversee such Officers, and thereby assist FPD in continuation of its practice of assigning a School Resource Officer at DISTRICT high school and selected middle schools; and WHEREAS, CITY is willing to provide eleven School Resource Of?cers and a sergeant (as described in Exhibit A) assigned (in part) to oversee such officers, to perform regular duty law enforcement services at high schools and selected middle schools as determined by the DISTRICT during the school year, subject to availability of such of?cers. 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: 1. Law Enforcement Services. CITY will provide nine School Resource Officers (hereinafter referred to as ?officer") to be reimbursed 75% by DISTRICT to perform regular duty law enforcement services at high schools and select middle schools (Edison, Roosevelt, McLane, Hoover, Bullard, Phoenix Secondary Community Day School, Cambridge/DeWolf, Ft. Miller, and Tehipite) during the respective school?s normal hours of operation and during the timeframe that includes the standard school year which is approximately 39 weeks of the year. August through June; provided, however this does not include summer school, Thanksgiving break, Winter break, Spring break and any other days that school is not in session. CITY will provide two of?cers to be reimbursed 100% by DISTRICT to perform regular duty law enforcement services at high schools (Fresno and Sunnyside) for the entire ?scal 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 of?cers are subject to availability. For purposes of this Agreement, ?availability? shall be in the sole determination of Chief of Police, or his/her designated representative, taking into consideration any factors including, without limitation, health of officers, shortage of manpower, funding, and duty assignment of of?cer(s) to higher priority matters. However, in specific instances of the officer(s) taking personal leave or FPD approved law enforcement training, then another available police of?cer will be assigned temporarily at the schools during such leave or training. On an as-needed basis and subject to the availability of the of?cers, DISTRICT may request such law enforcement services by the assigned of?cers 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 Chief of Police, or his/her designated, representative, taking into consideration any factors including, without limitation, the of?cer's personal availability, health of of?cers, shortage of manpower, funding, and duty assignment of of?cer to higher priority matters. (0) 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 Of?cers Association (Non-Supervisory Police-Unit 4) as it may be amended from time-to-time. The parties agree that CITY retains control over assignments, wages, and other terms and conditions of employment by CITY of the of?cer. DISTRICT acknowledges that the officer is held to the requirements of the law and FPO policy. DISTRICT agrees that it shall not have authority to direct the of?cer?s law enforcement activity. DISTRICT will immediately notify FPD of any concerns regarding such activity. 2. DISTRICT Contribution. To off-set 100% of two of the officers, 75% of nine of the officers and 90% of the sergeant salaries and bene?ts; 33% of operation and maintenance of twelve patrol vehicles; and the balance of operational costs for the regular duty law enforcement services at high schools and selected middle schools pursuant to Section above, DISTRICT shall pay CITY the respective annual ?Total Cost for Fresno Uni?ed School District," as set forth in Exhibit B, in two equal payments on each the following dates: October 1 and March 1 (Example: For the ?rst year of this Agreement, this would be two equal payments of $626,632). For purposes of this Agreement, ?operational costs? include the salary and bene?ts of the officers (including, without limitation, Medicare, medical insurance, uniform allowance, unemployment, pension, workers compensation premium and POST Certi?cate Premium Pay), (ii) the operation and maintenance of twelve patrol vehicles, and administrative fees; as are set forth in more detail in Exhibit B. DISTRICT shall reimburse CITY on an actual cost basis for the annual salary and bene?ts of the of?cers, and any sergeant, assigned pursuant to Section above. DISTRICT shall reimburse CITY in arrears, no later than 15 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 Of?cers Association (Non-Supervisory Police- Unit 4) as may be amended 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). (0) DISTRICT shall provide office Space for the of?cers at the Fresno East High School campus and at the Tillman Center. 3. Term of Agreement. It is the intent of the parties that the term of this Agreement will begin July 1, 2015 and end on June 30, 2018, 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 Aqreement. Either party may terminate this Agreement without cause upon 30 calendar days prior written notice to the other party. This Agreement may be terminated immediately by either party upon 7 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 7 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. (0) 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. DISTRICT shall indemnify. hold harmless and defend CITY and each of its officers, of?cials. employees, agents and volunteers from any and all loss, liability, ?nes, 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. 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, ?nes, 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 CITY or any of its of?cers, of?cials, 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. (0) 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 of?cers, of?cials, 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 modi?ed hereafter. 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 patties 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 of?cers, 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. 7. Nondiscrimination. Neither party shall employ discriminatory practices in their respective performance under this 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 Partnership. For purposes of this Agreement, CITY and DISTRICT shall act in an independent capacity and not as of?cers 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. Of?cers 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 no?ce. 10. Binding. 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. 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. 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. 15. Severabilig. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions. -4- 16. Interpretation. The parties acknowledge that this Agreement in its ?nal 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 proceeding or action shall be entitled to recover from the other party its reasonable attorney?s fees and legal expenses. 18. Exhibits. Each exhibit and attachment 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 con?ict 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 Beneficiarries. The rights, interests, duties and obligations de?ned within this Agreement are intended for the speci?c parties hereto as identi?ed 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 Agreement. 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. IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno. California, the day and year ?rst above written. CITY OF FRESNO. FRESNO UNIFIED SCHOOL DISTRICT a California municipal corporation By: F. Qurn 0 Deputy Superintendent/CFO Fresno Uni?ed School District APPROVED AS TO FORM: YVONNE SPENCE, CMC DOUGLAS T. SLOAN City Clerk City Atto ey By: By Amanda Freem Deputy City Attorney Addresses: CITY: DISTRICT: Fresno Police Department Fresno Uni?ed School District Attention: Support Division Attention: Michael Hanson, PO. Box 1271 Superintendent 2323 Mariposa Mall 2309 Tulare Fresno, CA 93715-1271 Fresno, CA 93721 Attachment: Exhibit A Position Description . 7/7 '5 Exhibit Cost Breakdown for Police Services Andrew DeLaTorrei Dlrector Benefits Risk Management Exhibit A Position Description School Resource Officer School Year 2015-2016 The Fresno Police Department School Resource Of?cers (SROs) work under the direct supervision of the Fresno Police Department (FPD). The basic duties of the SROs are to operate as Peace Of?cers to assist site staff with crime and safety issues. Guidelines for SRO duties are as follows: Be a visible, active, and high pro?le police officer on a school campus. SROs are on campus to provide a presence to promote safety and positive relationships. The presence of a uniformed of?cer on campus gives the environment a feeling of safety and security. Provide a link between the school community and the FPD. Get to know the students and teachers. Interaction with staff and students is a high priority. If asked, help the teachers with material to help explain your job and the criminal justice system. Children need good role models. As an officer, this should be one of your goals. Help break down barriers between the police and the students. Walk the halls and common areas of the campus, particularly during times of high student movement to provide crime prevention and assist with student/staff safety. Detect and deter criminal activity, take reports of incidents, and refer matters of law enforcement concern to the appropriate authority. If it is a police matter, it should be referred to police supervision. A matter more closely aligned with school district issues should be referred to school administrative staff. investigate crime and make safety recommendations to site staff. Work with the principal toward making the school safer for both yourself and the people on campus. Fit your activities into the goals of the site administration. Commitment to the goal of safe schools and good law enforcement should be your mission. Page i of FY 16 SRO Sergeant Officer Costs Exhibit Cost Breakdown of Police Services to the Fresno Unified School District (Effective July 1, 2015 - June 30, 2016) Charged to Total Fee to The above schedule provides the total salary and fringe for each School Resource Of?cer assigned to the Fresno Uni?ed School District for Fiscal Year 2014. The amount to be paid by FUSD is based on the percentage of salary and fringe stated for each of?cer, and the annualized straight time costs will be a total of $1,202,918. Please note the optional overtime rate for each of?cer. The total overtime charges to FUSD will be based on the actual number of hours each of?cer is utilized. Patrol vehicle operations and maintenance cost $10,000 per year, per vehicle. The district is charged 33%. Total charges for twelve vehicles is 12 $10,000 33.33% $39,996. Of?cer safety equipment cost (weapon, radio, leather gear. ballistic vest, etc.) is $5,000 per of?cer. The district is only charged for the two recent additional of?cers (Leyva and Alvarado). Total Salary Costs for Period Total Vehicle Costs for Period Safety Equipment 5K ea for 2 new of?cers Administrative Fee Total Cost for Fresno Unified School District 1,202,918 3 39,996 10,000 350 1,253,264 *Includes salary and all applicable bene?ts (including, without limitation, Medicare, health and welfare, uniform, pension, workers compensation premium and POST Certificate Premium Pay that are actually provided during the respective year of this Agreement) includes salary and Medicare The respective of?cer and sergeant costs shall be determined by the Fresno Police Department and shall be based upon the actual straight-time hourly wage rate, overtime hourly rate and vehicle operations/maintenance cost in e?'ect July 1 for the respective year. The Administrative Fee shall remain $350.00 for each year. The Fresno Police Department will notify Fresno Uni?ed School District, in writing, of its annual salary and fringe benefits by May 313? before the respective year. Page 1 Of 1 IDtt School Last Name First Na me Rank Actual Cost? FUSD FUSD OT Ra Cancio Rodney 145,270 90% 5 131,643 69 Tehlpite Alvarado Anthony Officer 5 116,627 75% 87,470 5 53 Sunnyside Dlaz Roland Officer 5 123321 190% 124,321 58 Bullard Elizondo Hector Officer 5 124,321 75% 93,240 58 Cambridge Gomez Daniel Officer 5 124010 75% 93,008 58 McLane Harris Leondre Officer 5 124:321 75% 93,240 5 58 Edison Hughes Melody Officer 5 124,321 75% 93,240 5 58 Ft Miller Levva Christine Officer 5 115.627 75% 5 87.470 5 58 Phoenix Standrey David officer 5 117,978 75% 88,484 5 58 Fresno Teklemariam Terri Officer 5 124.321 ?es?un?o?r'ti?r 5 124,321 5 58 Hoover Underwood James Officer 5 124.321 75% 93,240 5 58 Roosevelt Van Ying(NM ) Officer 5 124:321 75% 93,240 5 58 wedded: 313'? AGREEMENT CITY OF FRESNO, CALIFORNIA AND FRESNO UNIFIED SCHOOL DISTRICT THIS AGREEMENT is made and entered into effective the 15" day of July, 2015, by and between the City of Fresno, a California municipal corporation (hereinafter referred to as and Fresno Unified School District (hereinafter referred to as RECITALS - WHEREAS, DISTRICT recognizes that the Fresno Police Department?s assignment of School Resource Of?cers (the position is described in Exhibit A) at the DISTRICTS high schools and selected middle schools to perform regular duty law enforcement services is greatly beneficial to DISTRICT in assisting DISTRICT in providing its pupils with a campus which is safe, secure, and peaceful; and WHEREAS, DISTRICT desires to contribute monies to CITY to partially off-set operational costs for eleven School Resource Officers and a sergeant position assigned, in part, to oversee such Officers, and thereby assist FPD in continuation of its practice of assigning a School Resource Of?cer at DISTRICT high school and selected middle schools; and WHEREAS, CITY is willing to provide eleven School Resource Of?cers and a sergeant (as described in Exhibit A) assigned (in part) to oversee such of?cers, to perform regular duty law enforcement services at high schools and selected middle schools as determined by the DISTRICT during the school year, 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: 1. Law Enforcement Services. CITY will provide nine School Resource Officers (hereinafter referred to as ?officer?) to be reimbursed 75% by DISTRICT to perform regular duty law enforcement services at high schools and select middle schools (Edison, Roosevelt, McLane, Hoover, Bullard, Phoenix Secondary Community Day School, Cambridge/DeWolf, Ft. Miller, and Tehipite) during the respective school?s normal hours of operation and during the timeframe that includes the standard school year which is approximately 39 weeks of the year, August through June; provided, however this does not include summer school, Thanksgiving break, Winter break, Spring break and any other days that school is not in session. CITY will provide two of?cers to be reimbursed 100% by DISTRICT to perform regular duty law enforcement services at high schools (Fresno and Sunnyside) for the entire ?scal year. City will provide one full-time sergeant to oversee the of?cers to be reimbursed 90% by the district. All of?cers and the sergeant assigned to oversee the of?cers are subject to availability. For purposes of this Agreement, ?availability? shall be in the sole determination of Chief of Police, or his/her designated representative, taking into consideration any factors including, without limitation, health of officers, shortage of manpower, funding, and duty assignment of of?cer(s) to higher priority matters. However, in speci?c instances of the of?cer(s) taking personal leave or FPD approved law enforcement training, then another available poiice of?cer will be assigned temporarily at the schools during such leave or training. On an as-needed basis and subject to the availability of the of?cers, 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 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 of?cer to higher priority matters. (0) 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 of?cers, 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. 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 of?cer is held to the requirements of the law and FPD policy DISTRICT agrees that it shall not have authority to direct the of?cer?s law enforcement activity. DISTRICT will immediately notify FPD of any concerns regarding such activity. 2. DISTRICT Contribution. To off-set 100% of two of the of?cers, 75% of nine of the of?cers and 90% of the sergeant salaries and benefits; 33% of operation and maintenance of twelve patrol vehicles; and the balance of operational costs for the regular duty law enforcement services at high schools and selected middle schools pursuant to Section above, DISTRICT shall pay CITY the respective annual ?Total Cost for Fresno Uni?ed School District,? as set forth in Exhibit B, in two equal payments on each the following dates: October 1 and March 1 (Example: For the first year of this Agreement, this would be two equal payments of $626,632). For purposes of this Agreement, ?operational costs? include the salary and bene?ts of the officers (including, without limitation, Medicare, medical insurance, uniform allowance, unemployment, pension, workers compensation premium and POST Certi?cate Premium Pay), (ii) the operation and maintenance of twelve patrol vehicles, and administrative fees; as are set forth in more detail in Exhibit B. DISTRICT shall reimburse CITY on an actual cost basis for the annual salary and bene?ts of the of?cers, and any sergeant, assigned pursuant to Section above. DISTRICT shall reimburse in arrears, no later than 15 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 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). (0) DISTRICT shall provide of?ce space for the of?cers at the Fresno East High School campus and at the Tillman Center. 3. Term of Agreement. It is the intent of the parties that the term of this Agreement will begin July 1, 2015 and end on June 30, 2018, unless terminated earlier in accordance 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. Either party may terminate this Agreement without cause upon 30 calendar days prior written notice to the other party. This Agreement may be terminated immediately by either party upon 7 calendar days prior written notice should the other party fail substantially to observe, ful?ll or perform any obligation, covenant, term or condition in accordance with this Agreement. A party will have failed substantially to observe, ful?ll or perform any obligation, covenant, term or condition of this Agreement, if such failure is not cured within such 7 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. 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. Indemni?cation. DISTRICT shall indemnify, hold harmless and defend CITY and each of its of?cers, of?cials, employees, agents and volunteers from any and all loss, liability, ?nes, 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 attomey?s fees and litigation expenses), arising directly or indirectly from the negligent or intentional acts or omissions of DISTRICT or any of its of?cers, 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. CITY shall indemnify, hold harmless and defend DISTRICT and each of its of?cers, directors, trustees, employees, agents and volunteers from any and all loss, liability, ?nes, 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 CITY or any of its of?cers, of?cials, 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. In the event of concurrent negligence on the part of DISTRICT or any of its of?cers, directors, trustees, employees, agents or volunteers, and CITY or any of its of?cers, of?cials, employees, agents or volunteers, the liability for any and all such claims, demands and actions in law or equity for such losses, ?nes, 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 modi?ed hereafter. 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 of?cers, of?cials, agents, employees and volunteers. Evidence of Insurance, Certi?cates 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 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- WW. For purposes of this Agreement, CITY and DISTRICT shall act in an independent capacity and not as of?cers 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. Of?cers 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. Binding. Once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the bene?t of, all parties, and each parties? respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. 11. Assignment. Neither party may assign or transfer, by operation of law or othenivise, 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 ?ling of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 14. 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. 15. Severabilit . The provisions of this Agreement are severable. ~The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provrsrons. -4- 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 construrng 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 proceeding or action shall be entitled to recover from the other party its reasonable attorney?s fees and legal expenses. 18. Exhibits. Each exhibit and attachment 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 con?ict 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 Party Bene?ciaries. The rights, interests, duties and obligations de?ned within this Agreement are intended for the speci?c parties hereto as identi?ed 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 bene?t or ?ow to the interest of any third parties. 21. W. 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 modi?ed only by written instrument duly authorized and executed by both CITY and DISTRICT. IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year ?rst above written. CITY OF FRESNO, FRESNO UNIFIED SCHOOL DISTRICT a California municipal corporation By: (Jaw; .3 Ruth F. Quinfo Deputy Superintendent/CFO Fresno Uni?ed School District sno Police Department ATTEST: APPROVED AS TO FORM: YVONNE SPENCE, CMC DOUGLAS T. SLOAN City Clerk City Attorney By?Mlm By: Amanda Freeman Deputy City Attorney Addresses: CITY: DISTRICT: Fresno Police Department Fresno Uni?ed School District Attention: Support Division Attention: Michael Hanson, PO. Box 1271 Superintendent 2323 Mariposa Mall 2309 Tulare Fresno, CA 93715-1271 Fresno, CA 93721 Attachment: Exhibit A Position Description Exhibit Cost Breakdown for Police Services Andrew DeLaTorre, Director Benefits Risk Management Exhibit A Position Description School Resource Officer School Year 2015-2016 The Fresno Police Department School Resource Of?cers (SROs) work under the direct supervision of the Fresno Police Department (FPD). The basic duties of the SROs are to operate as Peace Of?cers to assist site staff with crime and safety issues. Guidelines for SRO duties are as follows: Be a visible, active, and high profile police of?cer on a school campus. SROs are on campus to provide a presence to promote safety and positive relationships. The presence of a uniformed of?cer on campus gives the environment a feeling of safety and security. Provide a link between the school community and the FPD. Get to know the students and teachers. Interaction with staff and students is a high priority. If asked, help the teachers with material to help explain your job and the criminal justice system. Children need good role models. As an of?cer, this should be one of your goals. Help break down barriers between the police and the students. Walk the halls and common areas of the campus, particularly during times of high student movement to provide crime prevention and assist with student/staff safety. Detect and deter criminal activity, take reports of incidents, and refer matters of law enforcement concern to the appropriate authority. If it is a police matter, it should be referred to police supervision. A matter more closely aligned with school district issues should be referred to school administrative staff. Investigate crime and make safety recommendations to site staff. Work with the principal toward making the school safer for both yourself and the people on campus. Fit your activities into the goals of the site administration. Commitment to the goal of safe schools and good law enforcement should be your mission. Page 1 of Exhibit Cost Breakdown of Police Services to the Fresno Uni?ed School District (Effective July 1, 2015 June 30, 2016) FY 16 SRO Sergeant Officer Costs The above schedule provides the total salary and fringe for each School Resource Of?cer assigned to the Fresno Uni?ed School District for Fiscal Year 2014. The amount to be paid by FUSD is based on the percentage Of salary and fringe stated for each Of?cer, and the annualized straight time costs Will be a total Of $1,202,918. Please note the optional overtime rate for each of?cer. The total overtime charges to FUSD will be based on the actual number of hours each Of?cer is utilized. Patrol vehicle operations and maintenance cost $10,000 per year, per vehicle. The district is charged 33%. Total charges for twelve vehicles is 12 $10,000 33.33% $39,996. Of?cer safety equipment cost (weapon, radio, leather gear, ballistic vest, etc.) is $5,000 per of?cer. The district is only charged for the two recent additional Of?cers (Leyva and Alvarado). Total Salary Costs for Period 6 1,202,918 Total Vehicle Costs for Period 39.996 Safety Equipment 5K ea for 2 new of?cers 10,000 Administrative Fee 350 Total Cost for Fresno Uni?ed School District 1,2??,264 *lncludes salary and all applicable bene?ts (including, without limitation, Medicare, health and welfare, uniform, pension, workers compensation premium and POST Certi?cate Premium Pay that are actually provided during the respective year of this Agreement) Includes salary and Medicare The respective O?icer and sergeant costs shall be determined by the Fresno Police Department and shall be based upon the actual straight-time hourly wage rate, overtime hourly rate and vehicle operations/maintenance cost in effect July 1 for the respective year. The Administrative Fee shall remain $350.00 for each year. The Fresno Police Department will notify Fresno Uni?ed School District, in writing, of its annual salary and fringe bene?ts by May 31" before the respective year. Page 1 Of 1 IDlt School last Name First Name Rank Actual Cost? ?235ng to to OT Ra Cando Rodney 5 146.270 90% 131,643 69 Tehiplte Alvarado Anthony Officer 5 116,627 75% 87,470 58 Sunnyside Diaz Roland Officer 5 124.321 124,321 58 Bullard Elizondo Hector Officer 5 124,321 75% 93,240 58 Cambridge Gomez Daniel Officer 5 124,010 75% 93,008 58 McLane Harris Leondre Officer 5 124,321 75% 93,240 58 Edison Hughes Melody Officer 5 124,321 75% 93,240 58 Ft Miller Leyva Christine Officer 5 116,627 75% 5 37,470 5 58 Phoenix Standlev David Officer 5 117,978 75% 88,484 58 Fresno Teklemariam Terri Officer 5 124,321 124,321 58 Hoover Underwood James Officer 5 124,321 75% 93,240 58 . 0m? 124321 75% 5 93340 5 AGREEMENT CITY OF FRESNO, CALIFORNIA AND FRESNO UNIFIED SCHOOL DISTRICT THIS AGREEMENT is made and entered into effective the 1ST day of May, 2016, by and between the City of Fresno, a California municipal corporation (hereinafter referred to as and Fresno Unified School District, a local agency (hereinafter referred to as RECITALS WHEREAS, CITY has been awarded a Community Oriented Policing Services (COPS) Hiring Program Grant through the US. Department of Justice (DOJ) funding a portion of fifteen new police officer positions within the City of Fresno; and WHEREAS, DISTRICT recognizes that Fresno Police Department?s assignment of Student Neighborhood Resource Officers or ?Officers,? as described in Exhibit A) at middle schools to perform regular duty law enforcement services is beneficial to DISTRICT in assisting DISTRICT in providing its pupils with a campus which is safe, secure, and peaceful; and WHEREAS, DISTRICT desires to contribute funds to CITY to partially off?set operational costs covered by the COPS Hiring Program Grant for fifteen and WHEREAS, CITY is willing to assign fourteen SNROs and one Sergeant to perform regular duty law enforcement services at middle schools for the performance period of the 2015 COPS Hiring Grant (May 1, 2016, through April 30, 2020), subject to availability of such officers as determined by FPD. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained, to be kept and performed by the parties, it is mutually agreed as follows: 1. Law Enforcement Services. CITY will provide fourteen Student Neighborhood Resource Officers to perform regular duty law enforcement services at middle schools (Ahwahnee, Baird, Cooper, Computech, Gaston, Hamilton, Kings Canyon, Scandinavian, Sequoia, Tehipite, Tenaya, Terronez, Tioga, Yosemite and Wawona) during the COPS Hiring Program Grant performance period spanning 48 months from May 1, 2016, through April 30, 2020. Officers will provide proactive enforcement on school campuses and in the surrounding neighborhoods throughout this performance period. City will provide one full-time sergeant to oversee the Officers and program. Performance of the Student Neighborhood Resource Officers duties described herein will be subject to availability based on the Officers? and sergeant?s other duties. For purposes of this Agreement, ?availability? shall be in the sole determination of Chief of Police, or his/her designated representative, taking into consideration any factors including, without limitation, health of officers, shortage of manpower, funding, and duty assignment of officer(s) to higher priority matters. However, in specific instances of the Officer(s) taking 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. City shall be reimbursed by DISTRICT pursuant to Exhibit B. On an as?needed basis and subject to the availability of the Officers, DISTRICT may request such law enforcement services 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 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. (0) 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. The parties agree that CITY 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 of the law and FPD policy. DISTRICT agrees that it shall not have authority to direct the Officers? law enforcement activity. DISTRICT will immediately notify FPD of any concerns regarding such activity. 2. DISTRICT Contributions. Pursuant to Section above, DISTRICT shall pay CITY the respective annual ?Total Cost for Fresno Unified School District,? as set forth in Exhibit B, on a quarterly basis with the first payment due July 30, 2016. Each payment will consist of 25% of the corresponding year (Example: for the first year of this Agreement, District shall pay $18,217 on July 30, 2018, $158,942 on October 31, 2018, $158,942 on January 31, 2017 and $158,942 on April 30, 2017). For purposes of this Agreement, ?operational costs? include the salary and benefits of the officers (including, without limitation, Medicare, medical insurance, uniform allowance, unemployment, pension, workers compensation premium and POST Certificate Premium Pay), as are set forth in more detail in Exhibit B. DISTRICT shall reimburse CITY on an actual cost basis for the annual salary and benefits of the officers assigned pursuant to Section above. DISTRICT shall reimburse CITY guarterly, in arrears, no later than 30 days upon receipt of an invoice from CITY. DISTRICT shall provide office space for the officers at each of the middle schools. 3. Term of Agreement. This Agreement shall, begin May 1, 2018, and terminate on April 30, 2020, unless terminated earlier in accordance with this Agreement. 4. Termination of Agreement. Either party may terminate this Agreement without cause upon 30 calendar days prior written notice to the other party. This Agreement may be terminated immediately by either party upon 7 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 -2- will have failed substantially to observe, fulfill or perform any obligation, covenant, term or condition of this Agreement if the party is provided with written notice of such issue and does not cure the issue within 7 calendar days. Such substantial failure 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. 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. 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. 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 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 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. (0) 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. 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, 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 of race, religious creed, color, -3- 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 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 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 no?ce. 10. Binding. 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. 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. 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. 15. 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. 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 proceeding or action shall be entitled to recover from the other party its reasonable attorney?s fees and legal expenses. 18. Exhibits. Each exhibit and attachment 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 of risk between the parties, provided for within the body of this Agreement, shall be null and void. . 20. 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. 21. Extent of Agreement. 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. IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation By: r, Chief fPolice Fres Police Department ATTEST: YVONNE SPENCE, CMC City Clerk By: (Loco?! 6.14% APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney) . By: Zamg?m vAmanda B. Freeman Deputy City Attorney Addresses: CITY: Fresno Police Department Attention: Support Division PO. Box 1271 2323 Mariposa Mall Fresno, CA 93715?1271 FRESNO UNIFIED SCHOOL DISTRICT alocalagency Qum? Deputy Superintendent/CFO Fresno Unified School District OVED AS - 2/ . Andrew De La Torre. Director Benefits Risk Management DISTRICT: Fresno Unified School District Attention: Ruth F. Quinto Deputy Superintendent/CFO 2309 Tulare St. Fresno, CA 93721 Exhibit A Position Description Student Neighborhood Resource Of?cer 2016-2020 The Fresno Police Department Student Neighborhood Resource Officers (SNROs) work under the direct supervision of the Fresno Police Department (FPD). The basic duties of the SNROs are to operate as Peace Officers to assist school site staff with crime and safety issues in and around school campuses. Guidelines for SNRO duties are as follows: Provide a high visible police presence on school campuses to promote safety by walking the halls and common areas of the campus, particularly during times of high student movement to provide crime prevention and assist with student/staff safety. Detect and deter criminal activity in and around school campus, investigate crime, take reports of incidents, and refer matters of law enforcement concern to the appropriate authority. If it is a police matter, take the appropriate action and matters more closely aligned with school district issues should be referred to school administrative staff. Collaborate with allied agencies such as: Probation, FUSD- Department of Prevention Intervention, FUSD Truancy unit, CPS, Victim Support Services and other agencies dedicated to assist our youth. Provide a link between the school community and the FPD. Get to know the students, teachers, parents and residents through positive interaction and provide public safety awareness workshops to the school community. Focus their efforts on becoming a resource to students through mentoring, coaching, counseling and building relationship which helps break down barriers between the police and the students. Mentor students attending after school programs such as sports, and school based prevention and intervention programs. Provide majority of their proactive time in and around primary and secondary schools working on school and youth?related activities. Liaison with the elementary schools that feed into their assigned Middle schools. Provide a presence in neighborhoods near their assigned school campuses to address crime and quality of life issues by using community?oriented crime strategies (POP SARA model) to resolve gang, drug, and violent activities. Leverage other police department resources to address crime in the neighborhoods such as Problem Oriented Policing Officers, district detectives, patrol, and tactical teams. Leverage City Department resources to address blight in the neighborhoods, such as Code Enforcement, Housing Authority, and Graf?ti, to hold property owners reSponsible for nuisance locations and illegal activities. Exhibit Cost Breakdown of Police Services to the Fresno Unified School District (Effective May 1, 2016) The below schedule provides the total salary and fringe pursuant to the grant. The Student Neighborhood Resource Officer program assigned under the grant to Fresno Unified School District will begin in Fiscal Year 2016 through the end of the grant in Fiscal Year 2020. The amount to be paid by FUSD is based on 50% of the net costs of the officers and their vehicles after the COPS Hiring Program Grant is applied. Will range from $18,217 to $740,638 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY Police Cast Models RecruitA OfficerA foicerB Officerc [Pension rate for hired AFTER 9722/2014} Includes 2% raise 12731716, 2.5% ?imam in 9220 and 521216 - 211216 - 5/1212 - 221212- 521/13- 221/13 - 521/19? 2/1719- mh Pa" Perm FY 1? 5/30/16 4/30/17 6230212 4230115 5/30/18 4230/19 5130219 4230/20 4,559 5, 229 5,543 5,821 SALA RY 5,760 42, 251 15, 272 48, 183? 16, 365? 51,859? 18,152 55,8191 FRI GE 4 . . . UNIFORM ALLU WAN CE 300 900 300 900 300 900 300 900 UNEMPLOYMENT 1.06% - - - - MEDICARE - - 1.45% SALARY 98 513 236 599 245 752 263 809 1.45% UNIFORM 1.45% PREMIUM PAY - - 10 31 21 64 MEDICAL IN 503.!? 1,218 2,23 1 2,522 2,953 2, 554? 3,202? 2,234 3,442; PENSION - - - - - - - 15,0296 SALARY 1,083 5,769 2, 507 7,719 2,7027 8,308 2,908 8,942 16.02% UNIFORM 48 144 48 14-4 48 144 48 144 16.02% PREMIUM PAY 115 346 232 704 16.02% PENS. HOLIDAY HRS. 73 329 127 381 133 400 140 420 PREMIUM PAY - - - - - POSTCERTIFICATE 726 2,233 SHIFT - - 720 2,150 720 2,150 a PENSION osus BOND DEBT (290] - 10,253 - 10,253 10,253 - 10,263 WORKERS COMP {1044.5 Count] 791? 4,942?t 1,647? 5,065 1,589? 5, 193 1,731 5,322? Total Salarv 5 Fringe: 10,825 23,955 23,318 81,330 25,435 58,521 22,929 95,241 Cost of 15 Office /yr. 54,322 1,109,323 352, 225 1,219,956 332,232 1,329,565 419,692 962,403 Less COPS grant Funding {17,944} (299,658) {183,750} [533,195] [185,111] {555,331} - - at to GF 36,433 809, 655 173,526 586,760 197,171 773,234 419, 692 962,408 FUSD of Net 18,217 404,828 86,763 293,380 98,585 386,617 209,846 481,204 (SF of Net 18,217 404,828 86,753 293,380 98,585 386,617 209,846 481,204 (SF per FY 13,212 491,591 - 391,955 - 596,463 431,204 10 Officers 15 Officers 15 Officers 15 Officers 5 Officers Net City Costs Per Offi 7 1 39 463 204 Standard Equipt (55,000 15 Off. 000 000 *Lease [9,511 15 Off. 144, 176 144 175 175 176 Computer ($1,400 15 Off.) 000 000 92,212 622,252 535,140 240,538 525,330 2,652,142 10 Of?cers 15 Officers 15 Officers 15 Officers 5 Officers Net FUSD Costs Per F?l? FY 16 FY12 Officers 18,217 491,591 391, 955 596,463 481,204 *Lease Veh20&M [9,612 15 off.) 144,125 144, 125 144,125 144,126 18,212 635,767 536,140 740,633 625,380 2,555,142 *Leasefor Vehicies Operations and Maintenance wit! be split 50/50 Cost for Fresno Unified School District FY 2016 SNRO program $318,217" FY 2017 SNRO Program $635,767* FY 2018 SNRO program $536,140* FY 2019 SNRO program $740638? (portion of Retention Period) FY 2020 SNRO program $625680" (remaining Retention Period) TOTAL 552,556,142" *lnciudes salary and all appiicabie benefits (including, without limitation, Medicare, heaith and welfare, uniform, pension, workers compensation premium and POST Certi?cate Premium Pay that are actually provided during the respective years of this Agreement) and the cost of 15 teased patrol cars, based on a 6 year lease program. The respective of?cers and sergeant costs shall be determined by the Fresno Police Department and shall be based upon the actual straight-time houn?y wage rate. Salary and Bene?ts are subject to change based on MOU agreements between the City of Fresno and the Fresno Police Of?cer?s Association. The Fresno Police Department will notify Fresno Uni?ed School District, in writing, of its annuai salary and fringe bene?ts by May 313? before the respective year. AGREEMENT 0 FY CITY OF FRESNO, CALIFORNIA AND FRESNO UNIFIED SCHOOL DISTRICT THIS AGREEMENT is made and entered into effective the 1st day of May, 2016, by and between the City of Fresno, a California municipal corporation (hereinafter referred to as and Fresno Unified School District, a local agency (hereinafter referred to as RECITALS WHEREAS, CITY has been awarded a Community Oriented Policing Services (COPS) Hiring Program Grant through the US Department of Justice (DOJ) funding a portion of ?fteen new police of?cer positions within the City of Fresno; and WHEREAS, DISTRICT recognizes that Fresno Police Department's assignment of Student Neighborhood Resource Officers or ?Of?cers," as described in Exhibit A) at DISTRICT's middle schools to perform regular duty law enforcement services is bene?cial to DISTRICT in assisting DISTRICT in providing its pupils with a campus which is safe, secure, and peaceful; and WHEREAS, DISTRICT desires to contribute funds to CITY to partially off-set operational costs covered by the COPS Hiring Program Grant for ?fteen and WHEREAS, CITY is willing to assign fourteen SNROs and one Sergeant to perform regular duty law enforcement services at middle schools for the performance period of the 2015 COPS Hiring Grant (May 1, 2016, through April 30, 2020), subject to availability of such of?cers as determined by FPD. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained, to be kept and performed by the parties, it is mutually agreed as follows: 1. Law Enforcement Services. CITY will provide fourteen Student Neighborhood Resource Of?cers to perform regular duty law enforcement services at DISTRICT's middle schools (Ahwahnee, Baird, Cooper, Computech, Gaston, Kings Canyon, Scandinavian, Sequoia, Tehipite, Tenaya, Terronez, Tioga, Yosemite, Scandinavian and Wawona) during the COPS Hiring Program Grant performance period spanning 48 months from May 1, 2016, through April 30, 2020. Of?cers will provide proactive enforcement on school campuses and in the surrounding neighborhoods throughout this performance period. City will provide one full-time sergeant to oversee the Officers and program. Performance of the Student Neighborhood Resource Of?cers duties described herein will be subject to availability based on the Of?cers' and sergeant?s other duties. 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 of?cers, shortage of manpower, funding, and duty assignment of officer(s) to higher priority matters. However, in speci?c instances of the Officer(s) taking 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. City shall be reimbursed by DISTRICT pursuant to Exhibit B, On an as?needed basis and subject to the availability of the Officers, DISTRICT may request such law enforcement services 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 Chief of Police, or his/her designated, representative, taking into consideration any factors including, without limitation, the Officer's personal availability, health of Of?cers, shortage of manpower, funding, and duty assignment of officer to higher priority matters. 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 Of?cers, 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 Of?cers Association (Non-Supervisory Police-Unit 4) as it may be amended from time-to-time. The parties agree that CITY 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 of the law and FPD policy. DISTRICT agrees that it shall not have authority to direct the Of?cers? law enforcement activity. DISTRICT will immediately notify FPD of any concerns regarding such activity. 2. DISTRICT Contributions. Pursuant to Section above, DISTRICT shall pay CITY the respective annual ?Total Cost for Fresno Uni?ed School District,? as set forth in Exhibit B, on a quarterly basis with the ?rst payment due July 30, 2016. Each payment will consist of 25% of the corresponding year (Example: for the ?rst year of this Agreement, District shall pay $18,217 on July 30, 2016, $158,942 on October 31, 2016, $158,942 on January 31, 2017 and $158,942 on April 30, 2017). For purposes of this Agreement, "operational costs? include the salary and bene?ts of the of?cers (including, without limitation, Medicare, medical insurance, uniform allowance, unemployment, pension, workers compensation premium and POST Certificate Premium Pay), as are set forth in more detail in Exhibit B. DISTRICT shall reimburse CITY on an actual cost basis for the annual salary and benefits of the of?cers assigned pursuant to Section above. DISTRICT shall reimburse CITY Quarterly, in arrears, no later than 30 days upon receipt of an invoice from CITY. DISTRICT shall provide office space for the of?cers at each of the middle schools. 3. Term of Agreement. This Agreement shall, begin May 1, 2016, and terminate on April 30, 2020, unless terminated earlier in accordance with this Agreement. 4. Termination of Agreement. Either party may terminate this Agreement without cause upon 30 calendar days prior written notice to the other party. This Agreement may be terminated immediately by either party upon 7 calendar days prior written notice should the other party fail substantially to observe, ful?ll or perform any obligation, covenant, term or condition in accordance with this Agreement. A party -2- will have failed substantially to observe, ful?ll or perform any obligation, covenant, term or condition of this Agreement if the party is provided with written notice of such issue and does not cure the issue within 7 calendar days. Such substantial failure 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. (0) 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. DISTRICT shall indemnify, hold harmless and defend CITY and each of its of?cers, of?cials, 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 of?cers, 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. 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, ?nes, 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 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. In the event of concurrent negligence on the part of DISTRICT or any of its of?cers, 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. 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, of?cials, agents, employees and volunteers. Evidence of Insurance, 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 of race, religious creed, color, -3- 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 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 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. Binding. 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. 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. Governinq 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. 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. 15. 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. 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. Attomey?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. 18. Exhibits. Each exhibit and attachment 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 con?ict 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 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 bene?t or ?ow to the interest of any third parties. 21. Extent of Aqreement. 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. IN WITNESS WHEREOF. the parties have executed this Agreement at Fresno. California, the day and year ?rst above written. CITY OF FRESNO, FRESNO UNIFIED SCHOOL DISTRICT a California municipal corporation a local agency By: F. Qui?? Fre 0 Police Department puty Superintendent/CFO Fresno Unified School District ATTEST: YVONNE SPENCE, CMC City Clerk 0 AS TO A VE By: g/l? ndrew De La Torre. Director APPROVED AS TO Benefits 8: Risk Management DOUGLAS T. SLOAN City Attorney By: . Amanda B. Freeman Deputy City Attorney Addresses: CITY: DISTRICT: Fresno Police Department Fresno Unified School District Attention: Support Division Attention: Ruth F. Quinto PO. Box 1271 Deputy Superintendent/CFO 2323 Mariposa Mall 2309 Tulare St. Fresno, CA 93715-1271 Fresno, CA 93721 Exhibit A Position Description Student Neighborhood Resource Officer 2016-2020 The Fresno Police Department Student Neighborhood Resource Officers (SNROs) work under the direct supervision of the Fresno Police Department (FPD). The basic duties of the SNROs are to operate as Peace Of?cers to assist school site staff with crime and safety issues in and around school campuses. Guidelines for SNRO duties are as follows: Provide a high visible police presence on school campuses to promote safety by walking the halls and common areas of the campus, particularly during times of high student movement to provide crime prevention and assist with student/staff safety. Detect and deter criminal activity in and around school campus, investigate crime, take reports of incidents, and refer matters of law enforcement concern to the appropriate authority. If it is a police matter, take the appropriate action and matters more closely aligned with school district issues should be referred to school administrative staff. Collaborate with allied agencies such as: Probation, FUSD- Department of Prevention Intervention, FUSD Truancy unit, CPS, Victim Support Services and other agencies dedicated to assist our youth. Provide a link between the school community and the FPD. Get to know the students, teachers, parents and residents through positive interaction and provide public safety awareness workshOps to the school community. Focus their efforts on becoming a resource to students through mentoring, coaching, counseling and building relationship which helps break down barriers between the police and the students. Mentor students attending after school programs such as sports, and school based prevention and intervention programs. Provide majority of their proactive time in and around primary and secondary schools working on school and youth-related activities. Liaison with the elementary schools that feed into their assigned Middle schools. Provide a presence in neighborhoods near their assigned school campuses to address crime and quality of life issues by using community-oriented crime strategies (POP SARA model) to resolve gang, drug, and violent activities. Leverage other police department resources to address crime in the neighborhoods such as Problem Oriented Policing Officers, district detectives, patrol, and tactical teams. Leverage City Department resources to address blight in the neighborhoods, such as Code Enforcement, Housing Authority. and Graf?ti, to hold property owners responsible for nuisance locations and illegal activities. Exhibit Cost Breakdown of Police Services to the Fresno Unified School District (Effective May 1, 2016) The below schedule provides the total salary and fringe pursuant to the grant. The Student Neighborhood Resource Officer program assigned under the grant to Fresno Unified School District will begin in Fiscal Year 2016 through the end of the grant in Fiscal Year 2020. The amount to be paid by FUSD is based on 50% of the net costs of the officers and their vehicles after the COPS Hiring Program Grant is applied. Will range from $18.21? to $740,638 rate AFTER Includes 2% raise 12/31/16, 2.5% In FY184FY20 and 27th Pay Period In FY 17 1.45% SAIARV UNIFORM 1.45% PREMIUM PAY 16.02% SALA RY 16.02% UNIFORM PAY PREMIUM POSTCERTIFICATE R: BOND DEBT Total 8. 5/1/18 - 7/1/18 - Nat to mm of Net: 10,217 404,828 293.330 93.585 306 617 203846 481,204 (it of Na! 15 217 409820 233.3? 90.585 3.6617 M646 401.204 6F per FV 13.217 - 491,591 - 391,965 - 596,463 481,204 10 Of/ters 15 Officer: 15 Officers 15 Of?cers 5 Of?cers Net City Cam FY 15 fig 43 .. 20__ 15 Standard Equlpt ($6,000 15 ?Lease Veh/?M (9.612 176 175 175 Computer ($1,400 92.217 672.767 536.140 740,633 625,380 2,661,142 10 011nm 15 Of?cer: 15 O?keu 15 Of?cers 5 Office? Net FUSD Cost: PerOMM 18, 217 491. 591 391.965 59E463 481.204 'leue (9,612 150".) 144,176 144.175 144.175 144,176 18,217 85.767 55.140 740,638 625,380 2,556,142 ?Lease for Vehicles Operations and Maintenance will be split 50/50 /Veh/year Cost for Fresno Unified School District FY 2016 SNRO program $18,217? FY 2017 SNRO Program $635,767* FY 2018 SNRO program $536,140? FY 2019 SNRO program $740638" (portion of Retention Period) FY 2020 SNRO program $625,380* (remaining Retention Period) TOTAL $2,556,142* ?Includes salary and all applicable bene?ts (including, without limitation, Medicare, health and welfare, uniform, pension, workers compensation premium and POST Certi?cate Premium Pay that are actually provided during the respective years of this Agreement) and the cost of 15 leased patrol cars, based on a 6 year lease program. The respective o?icers and sergeant costs shall be determined by the Fresno Police Department and shall be based upon the actual straight-time hourty wage rate. Salary and Bene?ts are subject to change based on MOU agreements between the City of Fresno and the Fresno Police Of?cer?s Association. The Fresno Police Department will notify Fresno Uni?ed School District, in writing, of its annual salary and fringe benefits by May 318' before the respective year. FIRST AMENDMENT TO AGREEMIQII THIS FIRST AMENDMENT TO AGREEMENT ("Amendment") made and entered into as of this 26 day of February, 2015, amends the Agreement heretofore entered into between the CITY OF FRESNO, a municipal corporation and Fresno Uni?ed School District (hereinafter referred to as RECITALS CITY and DISTRICT entered into an Agreement, dated July 1, 2012, for school resource of?cer (SRO) services at nine high school campuses; DISTRICT desires to contribute monies to CITY to off-set 75% of operational costs, thereby assisting FPD to continue its practice of assigning SROs to schools to enhance student safety; CITY is willing to provide two SROs to perform regular duty law enforcement services at middle schools, subject to availability of such of?cers; and CITY and DISTRICT desire to modify the scope of work and budget, therein, by requiring two additional of?cers at middle schools to perform regular duty law enforcement services through June 30, 2015. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual premises herein contained, and for other good and valuable consideration hereby acknowledge, the parties agree that the aforesaid Agreement be amended as follows: 1. The CITY shall provide two additional SROs as described in Exhibit the ?Position Description? for SROs, attached hereto and incorporated herein by reference. 2. The compensation for this service, rendered pursuant to this Amendment, shall be $189,033 as described in Exhibit 3. In the event of any con?ict between the body of this Amendment and any Exhibit or Attachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the Exhibits. Furthermore, any terms or conditions contained within any Exhibit hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Amendment, shall be null and void. 4. Except as othen/vise provided herein, the Agreement entered into by CITY and CONSULTANT, dated July 1, 2012, remains in full force and effect. . Eg FEB 27 ms BENEFETS AND RISK FRESNO UNUHED IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written. CITY OF FRESNO, FRESNO UNIFIED SCHOOL DISTRICT a California municipal corporation ea, 42% Ruth F. Quinto Deputy Superintendent/CFO ATTESTI APPROVED AS TO FORM: YVONNE SPENCE, CMC City Clerk ,1 By: . By: 7 Date Andrew Delatorre,V 3 Director of Risk Management APPROVED As TO FORM: DOUGLAS T. SLOAN City Att By Amanda Freem Date Deputy City Attorney Addresses: CITY: DISTRICT: Fresno Police Department Fresno Unified School District Attention: Support Division Attention: Michael Hanson, Support Division Superintendent 2323 Mariposa Mall 2309 Tulare Fresno, CA 93721 Fresno, CA 93721 Attachments: Exhibit A Position Description Exhibit Cost Breakdown for Police Services Exhibit A Position Description School Resource Of?cer School Year 2015-2015 The Fresno Police Department School Resource Of?cers (SROs) work under the direct supervision of the Fresno Police Department (FPD). The basic duties of the SROs are to operate as Peace Of?cers to assist site staff with crime and safety issues. Guidelines for SRO duties are as follows: Be a visible, active, and high pro?le police officer on a school campus. SROs are on campus to provide a presence to promote safety and positive relationships. The presence of a uniformed of?cer on campus gives the environment a feeling of safety and security. Provide a link between the school community and the FPD. Get to know the students and teachers. Interaction with staff and students is a high priority. If asked, help the teachers with material to help explain your job and the criminal justice system. Children need good role models. As an officer, this should be one of your goals. Help break down barriers between the police and the students. Walk the halls and common areas of the campus, particularly during times of high student movement to provide crime prevention and assist with student/staff safety. Detect and deter criminal activity, take reports of incidents, and refer matters of law enforcement concern to the appropriate authority. If it is a police matter, it should be referred to police supervision. A matter more closely aligned with school district issues should be referred to school administrative staff. Investigate crime and make safety recommendations to site staff. Work with the principal toward making the school safer for both yourself and the people on campus. Fit your activities into the goals of the site administration. Commitment to the goal of safe schools and good law enforcement should be your mission. Exhibit Cost Breakdown of Police Services to the Fresno Uni?ed School District (Effective January 1, 2015 June 30, 2015) FY 15 Officer Costs Annualized I last Name First Name Rank Sal e? 9? to Straight Time grim; 3? 3 Cost to ruso Officer $121,578 75% 91,183.51 56.86 Of?cer $121,578 75% 91,183.51 $6.86 Total 5 182,367 The above schedule provides the total salary and fringe for each School Resource Of?cer assigned to the Fresno Uni?ed School District Middle Schools for Fiscal Year 2015. The amount to be paid by FUSD is based on the percentage of salary and fringe stated for each of?cer, and the annualized straight time costs will be a total of $182,367. Also noted is an optional overtime rate for each of?cer. The total overtime charges to FUSD will be based on the actual number of hours each of?cer is utilized. Additionally, School Resource Of?cer vehicle operations and maintenance shall be paid as noted below: Operations and Maintenance for 2 vehicles 33.333% of $10,000 per year. 6,666.00 total Total Salary Costs for Period $182,367.00 Total Vehicle Costs for Period 5 6,666.00 Total Cost for Fresno Unified School District ?189,033? 'lncludes salary and all applicable bene?ts (including, without limitation, Medicare, health and welfare, uniform, pension, workers compensation premium and POST Certi?cate Premium Pay that are actually provided during the respective year of this Agreement) Includes salary and Medicare The respective of?cer costs shall be determined by the Fresno Police Department and shall be based upon the straight-time hourty wage rate, overtime hourty rate and vehicle operations and maintenance cost in effect July 1 for the respective year. The Fresno Police Department will notify Fresno Uni?ed School District, in writing, of its determination by May 31? before the respective year.