AGREEMENT BETWEEN THE CITY OF FRESNO POLICE DEPARTMENT AND THE PEACE OFFICERS RESEARCH ASSOCIATION OF CALIFORNIA.
WHEREAS, Fresno Police officer Damon Kurtz was elected to serve as an officer of the Peace Officers Research Association of California (PORAC); and WHEREAS, as an officer of PORAC, Officer Kurtz is required to provide services and conduct activities on PORAC’s behalf at the level of full-time release; and WHEREAS, PORAC agrees to fully reimburse the City of Fresno Police Department, hereafter referred to as the “ Department,” in an amount equal to Officer Kurtz’ salary and benefits as specified in Exhibit A (attached), in order that he may discharge his responsibilities as a full-time officer of PORAC during the term of this contract.
NOW THEREFORE, the Department and PORAC mutually agree as follows:
A. The term o f this agreement shall begin January 1, 2022, and end when Officer Damon Kurtz departs the PORAC organization for any reason.
B. The Department agrees to place Officer Kurtz on approved paid leave full time for which he will be performing his duties as PORAC Vice President.
C. PORAC agrees to reimburse the Department for Officer Kurtz’ s annual salary and benefits per Exhibit A . Exhibit A shall be updated each fiscal year to reflect the true and full cost of Officer Kurtz’ s position to the City of Fresno. The annual amounts are based on 26 regular two-week pay periods consisting of 80 hours each.
Amounts include and salary, fringe, uniform allowance, health insurance, retirement costs, sick and vacation leaves, workers compensation, POST premium pay, and an assignment pay equivalent to 40 hours per month at Officer Kurtz’ s base salary rate.
The amount also reflects the current year negotiated MOU salary rates.
D. In the event the Fresno Police Department receives a salary increase during the term of this cont ract affecting Officers Kurtz’ s salary, POST and Assignment Pays, PORAC agrees to adjust this agreement for his annual release cost to fully cover that increase.
E. The Department shall submit quarterly invoices to PORAC for reimbursement of Officer Kurtzs’ salary and benefits. Should Officer Kurtz depart the PORAC organization for any reason during the term of this agreement, the Department shall submit a final invoice to PORAC for the period of time not yet paid.
F. Notwithstanding section E above, PO RAC agrees to make payments to the Department in March, June, September, and December per Exhibit A . Payments shall be made to the City of Fresno and sent to PO Box 1271, Fresno C A, 93715, Attention: Fresno Police Dept. Fiscal Affairs Manager.
G. During the term of this agreement the Department agrees to provide Officer Kurtzs’ his regular compensation with the Department at his current classification level as long as PORAC continues to reimburse as provided herein.
H. During the term of this contract the Department will not authorize overtime in cash or compensatory time for any time Officer Kurtz may work as an officer of PORAC.
I. Vacation, sick leave, holiday leave, or compensatory time usage will be reported to the department and a subsequent entry into the OTTO system will be made.
J. Officer Kurtz will remain a member of the Department and is subject to their policies.
K. When advocating on behalf of PORAC, Officer Kurtz shall not identify or associate himself with the Department in any way without written permission from the Chief of Police or his designee.
L. Either party may terminate this agreement with five days prior written notice to the party’s representative by First Class Mail to the representative as follows:
PORAC: Kim Busman
4010 Truxel Rd.
Sacramento, CA 95834
Department: Fresno Police Department
Attention: Chief of Police
PO Box 1271
Fresno, CA 93715
M. If either party terminates this agreement, i n addition to any other rights and remedies provided by law under this agreement, PORAC shall reimburse the Department for compensation accrued by Officer Kurtz through the date of termination.
N. At the conclusion of the agreement, Officer Kurtz shall return to duties associated with his classification as Police Officer.
O. PORAC agrees to release, indemnify, hold harmless, and defend the Department, its officers , agents, and employees from and against any and all claims, demands, liabilities, lawsuits, workers’ compensation claims, or other actions for damage or injury to persons or property arising out of or in any way connected with PORAC’s operations under this agreement, or performance of this agreement by PORAC or its officers, partner, directors or agents.
P. The terms and conditions of this agreement represent the entire agreement between the party’s hereto with respect to the subject matter hereof. No other agreement, statement, or promise relating to the subject matter of this agreement shall be valid or binding except upon a duly executed amendment to this agreement.
Q. PORAC will pay for and maintain in full force and effect Directors and Officials Liability coverage at no less than $1,000,000 per occurrence and $2,000,000 policy aggregate. Proof of which is required at request of Department and shall include the retroactive date on the Certificate.
PORAC AGREEMENT WITH FRESNO POLICE DEPARTMENT
Exhibit A
January 1, 2022
Note: 2021 is a negotiation year for the Fresno Police Officer’s Association MOU and salaries could rise 3-5%, retroactive to July 1, 2021. A revised Exhibit A will be issued once negotiations have been completed.
Calendar Year 2022 Q1 Q2 Q3 Q4 Total
Salary $23,205 $23,205 $23,205 $23,205 92,820$
Fringe $696 $696 $696 $696 2,786$
Heal th & Wel fare $2,675 $2,675 $2,675 $2,675 10,701$
Pensi on $5,773 $5,773 $5,773 $5,773 23,094$
Premi um Pay $7,443 $7,443 $7,443 $7,443 29,774$
Pension Obligation Bond $2,395 $2,395 $2,395 $2,395 $9,581 Worker's Comp $2,526 $2,526 $2,526 $2,526 10,102$
Grand Total $44,714 $44,714 $44,714 $44,714 178,858$
Calendar Year 2023 Q1 Q2 Q3 Q4 Total
Salary $23,205 $23,205 $23,205 $23,205 $92,820
Fringe $696 $696 $696 $696 2,786$
Heal th & Wel fare $2,675 $2,675 $2,675 $2,675 $10,701
Pensi on $5,773 $5,773 $5,773 $5,773 $23,094
Premi um Pay $7,443 $7,443 $7,443 $7,443 $29,774
Pension Obligation Bond $2,395 $2,395 $2,395 $2,395 $9,581 Worker's Comp $2,526 $2,526 $2,526 $2,526 $10,102
Grand Total $44,714 $44,714 $44,714 $44,714 $178,858