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HomeMy WebLinkAbout32715Agreement No. 18-025 AGRE~MENT 1 2 3 THIS AGREEMENT is made and entered into this 23rd day of January, 2018, by and 4 between the COUNTY OF FRESNO I a Political Subdivision of the State of California, hereinafter 5 referred to as 11 COUNlY", and CENTRAL UNIFIED SCHOOL DISTRICT, whose address is 4605 6 :N. POLK AVENUE, FRESNO, CA 93722 hereinafter referred to as "SCHOOL". 7 .WITNESS ETH: 8 WHEREAS, SCHOOL desires to secure general law enforcement services from the 9 COUNTY, through the Fresno County Sheriff-Coroner's Office; and 10 WHEREAS, COUNTY agrees to render such law enforcement services on the terms 11 and conditions hereinafter set forth, and SCHOOL agrees to pay to COUNlY the cost of 12 performing such services within SCHOOL at the rates and under the terms and conditions herein 1 3 set forth. 14 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions 15 herein contained, the parties hereto agree as follows: 16 1. SERVICES PROVIDED BY COUNlY 17 A. COUNTY agrees, through its Sheriff-Coroner's Office, hereinafter referred 18 to as "SHERIFF", to provide, within the limitation of this contract, general law enforcement 19 services via one Deputy Sheriff as set forth in Exhibit A, attached hereto and incorporated herein 20 by this reference. Duties to be performed by the Deputy Sheriff include intervention, prevention, 21 education; and enforcement activities at the Central High School West Campus. 22 B. SCHOOL agrees that the special events which it authorizes by permit 23 within SCHOOL are not included in the general law enforcement services discussed in section 24 1.A., above, and are extraordinary services with regard to this Agreement. SCHOOL shall notify 25 SHERIFF-CORONER in advance of SCHOOL special events at which SCHOOL desires 26 COUNTY to provide special event law enforcement services and the COUNTY shall provide such 27 services upon agreement by SCHOOL and the SHERIFF-CORONER. Special events are 28 chargeable to SCHOOL and payable ,30 days from special invoice date at the special event rate . 1 - 1 set forth in Exhibit A 2 C. The rendition of contract services, the standards of performance, the 3 discipline of officers, and other matters incident to the performance of such services and the 4 control of personnel so employed shall remain in COUNTY. In the case of dispute between the 5 parties as to the extent, duties, or functions to be rendered under this Agreement, or the minimum 6 level or manner of such performance of such services, the determination made by COUNTY, 7 through its SHERIFF shall be final and conclusive. 8 2. TERM 9 This Agreement shall become effective on the 9th day of August, 2017 and 10 shall terminate on the 7th day of June 2018. 11 3. TERMINATION 12 A Non-Allocation of Funds -The terms of this Agreement, and the services to 13 be provided hereunder, are contingent on the approval of funds by the appropriating government 14 agency. Should sufficient funds not be allocated, the services provided may be modified, or this 15 Agreement terminated, at any time by giving the other party thirty (30) days advance written 16 notice. 17 B. Breach of Contract -The COUNTY may immediately suspend or terminate 18 this Agreement in whole or in part, where in the determination of the COUNTY there is: 19 1) An illegal or improper use of funds; 20 2) A failure to comply with any term of this Agreement; 21 3) A substantially incorrect or incomplete report submitted to the 22 COUNTY; 23 4) Improperly performed service. 24 25 26 27 28 C. Without Cause -Under circumstances other than those set forth above, this Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written notice of an intention to terminate to SCHOOL. 4. COMPENSATION/INVOICING: A SCHOOL shall pay COUNTY the cost of performing general law -2- 1 enforcement services at the Central High School West campus, as set forth in section 1.A., above, 2 at the rates as set forth in Exhibit A. In addition, SCHOOL shall pay COUNTY for special event 3 service levels, as agreed upon by the SHERIFF and SCHOOL, at the rates set forth in Exhibit A. 4 The hourly rates set forth in Exhibit A for both general law enforcement services and special 5 events are the rates set forth in the County's Master Schedule of Fees. The parties agree that 6 upon thirty (30) days written notice from SHERIFF to SCHOOL of a revision in the County's 7 Master Schedule of Fees, such rate change(s) will automatically be incorporated into this 8 Agreement. 9 8. COUNTY shall submit monthly invoices to SCHOOL for general law 10 enforcement service levels provided in Exhibit A, and shall submit separate invoices as often as 11 necessary with regard to special event or other extraordinary costs. COUNTY shall submit an 12 invoice to SCHOOL within fifteen (15) days of the end of each month for the previous month's 13 charges. SCHOOL shall pay COUNTY within thirty (30) days of receipt of invoice. Any payment 14 made more than 30 days after receipt of the invoice may result in contract termination or service 15 reduction, in the sole discretion of SHERIFF, without penalty or recourse against COUNTY. 16 5. INDEPENDENT CONTRACTOR: In performance of the work, duties and 17 obligations assumed by COUNTY under this Agreement, it is mutually understood and agreed that 18 COUNTY, including any and all of the COUNTY'S officers, agents, and employees will at all times 19 be acting and performing as an independent contractor, and shall act in an independent capacity 20 and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the 21 SCHOOL. Furthermore, SCHOOL shall have no right to control or supervise or direct the manner 22 or method by which COUNTY shall perform its work and function. However, SCHOOL shall retain 23 the right to administer this Agreement so as to verify that COUNTY is performing its obligations in 24 accordance with the terms and conditions thereof. 25 SCHOOL and COUNTY shall comply with all applicable provisions of law and 26 the rules and regulations, if any, of governmental authorities having jurisdiction over matters the 27 subject thereof. 28 The parties shall be solely liable and responsible for providing to, or on behalf .3. 1 of, its employees all legally-required employee benefits. In addition, parties shall be solely 2 responsible and save the other party harmless from all matters relating to payment of each party's 3 employees, including compliance with Social Security withholding and all other regulations 4 governing such matters. 5 6. MODIFICATION: Any matters of this Agreement may be modified from time to 6 time by the written consent of all the parties without, in any way, affecting the remainder. 7 7. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this 8 Agreement nor their rights or duties under this Agreement without the prior written consent of the 9 other party. 10 8. HOLD HARMLESS: SCHOOL agrees to indemnify, save, hold harmless, and 11 at COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all 12 costs and expenses, damages, liabilities, claims, and losses occurring or resulting to COUNTY in 13 connection with the performance, or failure to perform, by SCHOOL, its officers, agents, or 14 employees under this Agreement, and from any and all costs and expenses, damages, liabilities, 15 claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or 16 damaged by the performance, or failure to perform, of SCHOOL, its officers, agents, or employees 17 under this Agreement. 18 COUNTY agrees to indemnify, save, hold harmless and, at SCHOOL's request, defend the 19 SCHOOL, its officers, agents and employees from any and all costs and expenses, damages, 20 liabilities, claims, and losses occurring or resulting to SCHOOL in connection with the 21 performance, or failure to perform by COUNTY, its officers, agents, or employees under this 22 Agreement, and from any and all costs and expenses, damages, liabilities, claims, and losses 23 occurring or resulting to any person, firm, or corporation who may be injured or damaged by the 24 25 26 27 28 performance, or failure to perform, of COUNTY, its officer, agents or employees under this Agreement. 9. INSURANCE Without limiting the COUNTY's right to obtain indemnification from SCHOOL or any third parties, SCHOOL, at its sole expense, shall maintain in full force and effect, the following -4- 1 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling 2 arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement. Coverage 3 by SCHOOL shall be provided for General Liability and Workers' Compensation. Upon request 4 from COUNTY, SCHOOL shall provide a certificate of insurance or self-insurance providing 5 evidence of such coverage. 6 Without limiting SCHOOL's right to obtain indemnification from COUNTY or 7 any third parties, COUNTY, at its sole expense, shall maintain in full force and effect the following 8 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling 9 arrangement or Joint Powers Agreement throughout the term of this Agreement. Coverage by 10 COUNTY shall be provided for General Liability and Workers' Compensation. Upon request from 11 SCHOOL, COUNTY shall provide a certificate of insurance or self-insurance providing evidence of 12 such coverage. 13 10. AUDITS AND INSPECTIONS: The COUNTY shall at any time during 14 business hours, and as often as the SCHOOL may deem necessary, make available to the 15 SCHOOL for examination all of its records and data with respect to the matters covered by this 16 Agreement. The COUNTY shall, upon request by the SCHOOL, permit the SCHOOL to audit and 17 inspect all of such records and data necessary to ensure COUNTY'S compliance with the terms of 18 this Agreement. 19 If this Agreement exceeds ten thousand dollars ($10,000.00), COUNTY shall 20 be subject to the examination and audit of the Auditor General for a period of three (3) years after 21 final payment under contract (Government Code Section 8546.7). 22 11. NOTICES: The persons and their addresses having authority to give and 23 receive notices under this Agreement include the following: 24 25 26 27 28 COUNTY Fresno Countv Sheriff-Coroner 2200 Fresno Street Fresno. CA 93721 Attention: Business Office -5-SCHOOL Central Unified School District 4605 N. Polk Avenue Fresno. CA 93722 Attention: Eliseo Cuellar 1 All notices between the COUNTY and SCHOOL provided for or permitted 2 under this Agreement must be in writing and delivered either by personal service, by first-class 3 United States mail, by an overnight commercial courier service, or by telephonic facsimile 4 transmission. A notice delivered by personal service is effective upon service to the recipient. A 5 notice delivered by first-class United States mail is effective three COUNTY business days after 6 deposit in the United States mail, postage prepaid, addressed to the recipient. A notice delivered 7 by an overnight commercial courier service is effective one COUNTY business day after deposit 8 with the overnight commercial courier service, delivery fees prepaid, with delivery instructions 9 given for next day delivery, addressed to the recipient. A notice delivered by telephonic facsimile 10 is effective when transmission to the recipient is completed (but, if such transmission is completed 11 outside of COUNTY business hours, then such delivery shall be deemed to be effective at the 12 next beginning of a COUNTY business day), provided that the sender maintains a machine record 13 of the completed transmission. For all claims arising out of or related to this Agreement, nothing in 14 this section establishes, waives, or modifies any claims presentation requirements or procedures 15 provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of 16 the Government Code, beginning with section 810). 17 12. GOVERNING LAW: Venue for any action arising out of or related to this 18 Agreement shall only be in Fresno County, California. 19 The rights and obligations of the parties and all interpretation and performance 20 of this Agreement shall be governed in all respects by the laws of the State of California. 21 13. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement 22 between the SCHOOL and COUNTY with respect to the subject matter hereof and supersedes all 23 previous Agreement negotiations, proposals, commitments, writings, advertisements, publications, 24 and understanding of any nature whatsoever unless expressly included in this Agreement. 25 26 27 28 -6- 1 IN WITNESS WHEREOF, the parties hereto have executed th is Agreement 2 as of the day and year first hereinabove written . 3 COUNTY OF FRESNO 4 5 6 Kell y Porterfield, Ass ista nt Super intendent , Ch ief 7 Bus iness Officer 8 4605 N . POLK A V ENUE 9 10 11 12 13 14 15 16 17 18 19 20 2 1 FRESNO , CA 93722 Ma iling Address FOR ACCOUNTING USE ONLY : 22 ORG No .: 31 11 3964 Account No .: 4975 23 Requis ition No.: NIA 24 25 26 27 28 -7- o, AIRMAN of the e sors of the County of Fresno ATTEST : Bern ice E. Seidel Clerk to the Board of Supervisors County of Fresno , State of Cal iforn ia By : ~~ ~Shtrf> Deputy 1 2 3 4 5 6 7 8 9 10 11 12 I. "Exhibit A" Central Unified School District Sheriff-Coroner, County of Fresno General Law Enforcement Services, One Deputy SCHOOL agrees to pay COUNTY for providing general law enforcement services via one deputy as follows: A. B. One Deputy Sheriff Position at the rate of $96.78 per hour for 576 hours ($96.78 x 576 hours= $55,745.28) for the period of August 9, 2017 to November 30, 2017. The cost for the one scheduled Deputy position will be paid monthly, in 4 equal payments of $13,936.32, a total of $55,745.28. One Deputy Sheriff Position at the rate of $106.46 per hour for 864 hours ($106.46 x 864 hours= $91,981.44) for the period of December 1, 2017 to June 7, 2018. The cost for the one scheduled Deputy position will be paid monthly, in 6 equal payments of $15,330.24, a total of $91,981.44. 13 The COUNTY will invoice the SCHOOL on a monthly basis, August through May. The amount 14 payable under this agreement shall not exceed $55,745.28 for the period of August 9, 2017 to November 30, 2017 and $91,981.44 for the period of December 1, 2017 to June 7, 2018 for the overall total of $147,726.72 unless both parties agree on additional services for special events. 15 16 11. Special Events Service Levels 17 SCHOOL agrees to pay COUNTY for providing special event service levels agreed upon by SCHOOL and SHERIFF as follows: 18 19 20 A. B. $54.94 Per hour, Per Deputy For the period of August 9, 2017 to November 30, 2017 $60.43 Per hour. Per Deputy For the period of December 1, 2017 to June 7, 2018. 21 Special Events will be billed as consumed. 22 23 24 25 26 27 28 -8·