HomeMy WebLinkAboutAgreement A-22-036 with City of Mendota.pdf Agreement No. 22-036
1 AGREEMENT
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3 THIS AGREEMENT ("Agreement") is made and entered into this 18th day of January, 2022, by
4 and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter
5 referred to as "COUNTY", and CITY OF MENDOTA, a municipal corporation, whose address is 1000
6 Airport Blvd, Bldg A, Mendota, CA, 99640, hereinafter referred to as "CITY". COUNTY and CITY may be
7 collectively referred to herein as "Parties" or in the singular as "Party."
8 WITNESSETH:
9 WHEREAS, CITY desires to secure law enforcement dispatch services/9-1-1 answering
10 responsibilities for CITY from COUNTY, through the Fresno County Sheriff-Coroner-Public Administrator's
11 Office ("Sheriff's Office"), within CITY's boundaries;
12 WHEREAS, COUNTY, through its Sheriff's Office, can provide such services to CITY;
13 WHEREAS, COUNTY agrees to provide such law enforcement dispatch services/9-1-1 answering
14 responsibilities for CITY within the CITY's boundaries, according to the terms and conditions set forth in this
15 Agreement, and CITY agrees to pay COUNTY the cost of performing such services at the rates and under
16 the terms and conditions herein set forth.
17 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
18 contained, the parties hereto agree as follows:
19 1. SERVICES PROVIDED BY COUNTY
20 A. Law Enforcement Dispatch Services: COUNTY agrees its Sheriff's Office will
21 provide training to CITY's police personnel in the use of the Sheriff's Office's radio procedures and
22 language as deemed necessary by the parties. This training shall cover the computer priority system,
23 uniformity of dispositions, and radio language and discipline.
24 B. COUNTY agrees, through its Sheriff's Office, to receive phone calls at the
25 Sheriff's Office's communications center for requests to dispatch CITY's police department personnel for
26 the purpose of providing law enforcement services. The Sheriff's Office shall dispatch CITY's police
27 department personnel in response to such requests. The dispatching services provided under this
28 Agreement do not include, and the Sheriff's Office will not be responsible for providing, any dispatch
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1 services for requests for emergency medical services or fire suppression services. Phone calls the
2 Sheriff's Office receives requesting emergency medical services or fire suppression services within
3 CITY boundaries shall be transferred to the emergency medical services dispatching center.
4 C. The performance of law enforcement dispatch/9-1-1 answering responsibilities for
5 CITY by COUNTY Sheriff's Office, including the standards of performance, the discipline of officers, and
6 all other matters incident to the performance of law enforcement services and the control of COUNTY's
7 law enforcement personnel, shall be the right and responsibility of COUNTY. In the event of any dispute
8 between the parties as to the extent and duties and functions to be provided under this Agreement, or
9 the minimum level or manner of such performance of such services, the determination made by
10 COUNTY, through its Sheriff's Office, shall be final and conclusive.
11 2. OBLIGATIONS OF THE CITY
12 A. CITY agrees to convert the radios in its police vehicles to such frequencies as
13 required by the Sheriff's Office's communications system. CITY shall also place radios in its police
14 vehicles that have a primary and secondary channeling ability, as determined by the Sheriff's Office, for
15 the purpose of ensuring reasonable communications backup.
16 B. CITY's police personnel shall use an alpha-numerical identifier system as
17 determined by the Sheriff's Office, and CITY assumes responsibility for keeping the Sheriff's Office
18 communications system secure as required by law.
19 C. CITY agrees that its personnel shall comply with the Sheriff's Office radio
20 procedures, and that it shall hold its employees accountable for failing to comply with such radio
21 procedures.
22 D. CITY shall timely pay COUNTY for services provided under this Agreement, as
23 described in Section 5, "COMPENSATION/INVOICING," of this Agreement.
24 3. TERM
25 The initial term ("Initial Term") of this Agreement shall be for a period of three (3) years,
26 commencing on March 1, 2022, and ending on June 30, 2024. This Agreement may be extended for two
27 (2) additional consecutive twelve (12) month periods upon written approval of both parties no later than
28 thirty (30) days prior to the first day of the next twelve (12) month extension period. The County Sheriff or
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1 her or his designee ("Sheriff') is authorized to execute such written approval on behalf of COUNTY based
2 on CITY's satisfactory performance of its obligations hereunder.
3 4. TERMINATION
4 A. Non-Allocation of Funds-The terms of this Agreement, and the services to be
5 provided hereunder, are contingent on the approval of funds by the appropriating government agency of
6 COUNTY. Should sufficient funds not be allocated, the services provided may be modified, or this
7 Agreement terminated, at any time by giving CITY thirty (30) days advance written notice.
8 B. Breach of Contract- COUNTY may immediately suspend or terminate this
9 Agreement in whole or in part, where in the determination of COUNTY there is:
10 1) An illegal or improper use of funds;
11 2) A failure to comply with any term of this Agreement;
12 3) A substantially incorrect or incomplete report submitted to COUNTY;
13 4) Any delay in payment by CITY.
14 CITY may immediately suspend or terminate this Agreement, in whole or in part, where, in the
15 determination of CITY, this is:
16 1) An illegal or improper use of funds;
17 2) A failure to comply with any term of this Agreement;
18 3) A substantially incorrect or incomplete report submitted to CITY;
19 C. Without Cause - Under circumstances other than those set forth above, this
20 Agreement may be terminated by COUNTY or CITY upon the giving of thirty (30) days advance written
21 notice of an intention to terminate to the other Party to this Agreement.
22 5. COMPENSATION/INVOICING:
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1 A. CITY shall pay to COUNTY, on a monthly basis, compensation for performing the
2 services under this Agreement, at the applicable rate for such services, and the methodology for
3 determining such compensation as set forth in Exhibit A, attached and incorporated by this reference. CITY
4 will compensate COUNTY for performing the dispatching services under this Agreement, to be paid over
5 twelve payments for that Fiscal Year, and COUNTY shall invoice CITY monthly for the previous month's
6 services.
7 B. The parties recognize and agree that the monthly compensation due to COUNTY for
8 services rendered under this Agreement may be updated from time to time based upon changes to the "per
9 resident charge" and "population estimate minus the population from the Federal Bureau of Prisons"figures
10 in Exhibit A. COUNTY shall provide CITY with written notice of charges to the monthly compensation due to
11 COUNTY. Such notice shall be given in March of 2023 and March of 2024, and yearly thereafter during the
12 term of this Agreement. Upon CITY's approval of the changes to the monthly compensation due to
13 COUNTY due to changes to the "per resident charge" and "population estimate"figures, the new monthly
14 compensation amount shall be effective July 1st of the same year notice of the change was given by
15 COUNTY.
16 C. As indicated in Exhibit A, the rate specified per resident (Dispatcher Per Capita) to
17 be charged by COUNTY, and subsequently paid by CITY, are the rates set forth in the County's Master
18 Schedule of Fees, Charges, and Recovered Costs, Section 2609, subdivision (d), for performing the
19 dispatching services under this Agreement. The parties agree that if, and when, the Master of Schedule of
20 Fees, Charges, and Recovered Costs, Section 2609, subdivision (d), is amended, changed, or revised, in
21 any way that changes the rates being charged for the services identified in this Agreement, the new rates
22 shall be charged by COUNTY, and paid by CITY, for any services provided pursuant to this Agreement,
23 from the date of amendment, change, or revision, going forward. The parties further agree that in such an
24 event, such amended, changed, or revised rate will automatically, and without any notice to CITY, be
25 incorporated into this Agreement, replacing any contrary or conflicting rate, from the effective date of the
26 amendment, change, or revision in the rate(s). The parties acknowledge that COUNTY's Master Schedule
27 of Fees, Charges, and Recovered Costs is subject to change.
28 D. The total compensation paid to COUNTY for the Initial Term of this Agreement shall
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I not exceed $467,324. In the event this Agreement is extended for a fourth year, the maximum
2 compensation payable for the four-year term shall not exceed $702,636. In the event this Agreement is
3 extended for a fifth year, the maximum compensation payable for the five-year term shall not exceed
4 $961,480.
5 E. COUNTY shall submit monthly invoices to CITY, and CITY shall pay COUNTY
6 within thirty (30) calendar days of receipt of any such invoice. At the expiration or termination of this
7 Agreement, COUNTY may, in the discretion of the Sheriff's Office, submit a final invoice for all amounts
8 then unpaid, including any remaining, unpaid portion of law enforcement dispatch services, and CITY shall
9 pay the full amount of this invoice within thirty (30) days of receipt thereof. Any payment made more than
10 30 days after receipt of an invoice may result in termination of this Agreement, or service reduction, in the
11 sole discretion of the Sheriff's Office; in such an event, CITY agrees that it shall not have any penalty or
12 recourse against COUNTY.
13 6. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations
14 assumed by COUNTY under this Agreement, it is mutually understood and agreed that COUNTY, including
15 any and all of COUNTY'S officers, agents, and employees, will at all times be acting and performing as an
16 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
17 employee,joint venturer, partner, or associate of CITY. Furthermore, CITY shall have no right to control or
18 supervise or direct the manner or method by which COUNTY shall perform its work and function. However,
19 CITY shall retain the right to administer this Agreement so as to verify that COUNTY is performing its
20 obligations in accordance with the terms and conditions thereof.
21 CITY and COUNTY shall comply with all applicable provisions of law and the rules and regulations,
22 if any, of governmental authorities having jurisdiction over matters the subject thereof.
23 The Parties shall be solely liable and responsible for providing to, or on behalf of, their employees
24 all legally-required employee benefits. In addition, Parties shall be solely responsible and save the other
25 Party harmless from all matters relating to payment of each Party's employees, including compliance with
26 Social Security withholding and all other regulations governing such matters.
27 7. MODIFICATION: Any matters of this Agreement may be modified from time to time by the
28 written consent of all the parties without, in any way, affecting the remainder.
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1 8. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement
2 nor their rights or duties under this Agreement without the prior written consent of the other party.
3 9. HOLD HARMLESS: CITY agrees to indemnify, save, hold harmless, and at COUNTY'S
4 request, defend COUNTY, its officers, agents, and employees from any and all costs and expenses
5 (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to
6 COUNTY in connection with the performance, or failure to perform, by CITY, its officers, agents, or
7 employees under this Agreement, and from any and all costs and expenses (including attorney's fees and
8 costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who
9 may be injured or damaged by the performance, or failure to perform, of CITY, its officers, agents, or
10 employees under this Agreement.
11 COUNTY agrees to indemnify, save, hold harmless and, at CITY's request, defend CITY, its officers,
12 agents and employees from any and all costs and expenses, (including attorney's fees and costs),
13 damages, liabilities, claims, and losses occurring or resulting to CITY in connection with the performance,
14 or failure to perform by COUNTY, its officers, agent, or employees under this Agreement and from any and
15 all costs and expenses (including attorney's fees and costs), damages, liabilities, claims, and losses
16 occurring or resulting to any person, firm, or corporation who may be injured or damaged by the
17 performance, or failure to perform, of COUNTY, its officers, agents, or employees under this Agreement.
18 In the event of concurrent negligence on the part of Parties, including any of its Boards, officials,
19 officers, directors, agents, employees or volunteers, the liability for any and all such claims, demands and
20 actions in law or equity for such losses, fines, penalties, forfeitures, costs and damages shall be
21 apportioned under the State of California's theory of comparative negligence as presently established or as
22 may be modified hereafter.
23 The provisions of this Section 9 shall survive termination of this Agreement.
24 10. INSURANCE
25 Without limiting the indemnification of each party as stated herein, it is understood and agreed that
26 the Parties shall each maintain, at their sole expense, insurance policies or self-insurance programs
27 including, but not limited to, an insurance pooling arrangement and/or Joint Powers Agreement to fund their
28 respective liabilities including general liability, automotive liability, professional, cyber and workers'
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1 compensation. Evidence of Insurance, e.g., Certificates of Insurance or other similar documentation, shall
2 be provided at the request of either party under this Agreement. Each party shall provide a Waiver of
3 Subrogation under the Worker's Compensation policy in favor of the other party.
4 11. AUDITS AND INSPECTIONS: COUNTY shall at any time during business hours, and as
5 often as CITY may deem necessary, make available to CITY for examination all of its records and data with
6 respect to the matters covered by this Agreement. COUNTY shall, upon request by CITY, permit CITY to
7 audit and inspect all of such records and data necessary to ensure COUNTY'S compliance with the terms
8 of this Agreement.
9 If this Agreement exceeds ten thousand dollars ($10,000.00), COUNTY and CITY shall be subject
10 to the examination and audit of the California State Auditor for a period of three (3) years after final payment
11 under contract (Government Code Section 8546.7).
12 12. NOTICES: The persons and their addresses having authority to give and receive notices
13 under this Agreement include the following:
14 COUNTY CITY
Fresno County Sheriff Captain Chief of Police
15 P.O. Box 1788 Mendota Police Department
Fresno, CA 93717 1000 Airport Blvd, Bldg A
16 FAX No.: 559-488-3699 Mendota, CA 93640
PHONE No.: 559-655-4298 ext 114
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All notices between the COUNTY and CITY provided for or permitted under this Agreement must be
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in writing and delivered either by personal service, by first-class United States mail, by an overnight
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commercial courier service, or by telephonic facsimile transmission. A notice delivered by personal service
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is effective upon service to the recipient. A notice delivered by first-class United States mail is effective
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three COUNTY business days after deposit in the United States mail, postage prepaid, addressed to the
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recipient. A notice delivered by an overnight commercial courier service is effective one COUNTY business
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day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery
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instructions given for next day delivery, addressed to the recipient. A notice delivered by telephonic
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facsimile is effective when transmission to the recipient is completed (but, if such transmission is completed
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outside of COUNTY business hours, then such delivery shall be deemed to be effective at the next
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beginning of a COUNTY business day), provided that the sender maintains a machine record of the
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1 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
2 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
3 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
4 beginning with section 810).
5 13. GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall
6 only be in Fresno County, California.
7 The rights and obligations of the parties and all interpretation and performance of this Agreement
8 shall be governed in all respects by the laws of the State of California.
9 14. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between CITY
10 and COUNTY with respect to the subject matter hereof, and supersedes all previous Agreement
11 negotiations, proposals, commitments, writings, advertisements, publications, and understanding of any
12 nature whatsoever, unless expressly included in this Agreement.
13 15. COUNTERPARTS: This Agreement may be executed in any number of counterparts, each
14 of which shall be deemed an original, but all of which together shall constitute one and the same
15 Agreement, binding on the Parties according to its terms and conditions.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3
4 CITY OF ME OTA CO�1NjY OF FRESNO
5it J1..Y�'+�1
thori_ze_ Slgr�a ure) Brian Pacheco, Chairman of the Board of
6 Supervisors of the County of Fresno
7 _ FbUC
Print Name & Title
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10 1000 Airport Blvd, Bldg A
11 Mendota, CA 93640
Mailing Address ATTEST:
12 Bernice E. Seidel
Clerk of the Board of Supervisors
13 County of Fresno, State of California
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16 By: `G' 1ie
17 Deputy
FOR ACCOUNTING USE ONLY:
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ORG: 31113320
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Account: 4975
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Fund: 0001
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Subclass: 10000
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1 City of Mendota
2 Sheriff-Coroner-Public Administrator, County of Fresno
3 "Exhibit A"
4 CITY agrees to pay COUNTY for the performance of law enforcement dispatch services/9-1-1 answering
5 responsibilities as follows:
6 COUNTY agrees to perform contracted services for CITY at the rate specified below per resident of
7 CITY minus the population from the Federal Bureau of Prisons (as determined by the State
8 Department of Finance certified population estimated as of January 15'of that year) until such time
9 as the rate is updated pursuant to Section 5, "COMPENSATION/INVOICING," of this Agreement.
10 Under this Agreement, COUNTY's cost recovery will be 100%, at the then-current rate (i.e. the rate
11 listed at the time the service is provided) listed in the Master Schedule of Fees, Charges, and
12 Recovered Costs, Section 2609, subdivision (a), at the Dispatcher Per Capita rate, per hour. CITY
13 acknowledges that these rates are subject to change, as delineated in the Agreement. The total
14 amount of the Law Enforcement Dispatch Services to be provided and paid for, and the manner of
15 invoicing, is described in Section 5 of the Agreement.
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17 Monthly Charge for FY 2021-22 (July 1, 2021 —June 30, 2022) (hereinafter the "July 1, 2022—June 30,
18 2023 Monthly Charge") will be the following:
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20 The methodology to calculate these amounts is as follows:
21 Per-resident charge = $15.75 (100% of$15.75 per resident)
22 Number of residents in CITY (as determined by State Department of Finance certified population estimate
23 as of January 1, 2021) = 11,225 (12,448— 1,223 the Federal Bureau of Prisons)
24 2021-22 Monthly Charge = ($15.75/resident x 11,225 residents)/12 months =
25 $14,732.81/month Effective March 1, 2022 (startinq from the effective date March 1, 2022 throuqh June 30,
26 2022 for the remaininq FY 2021-22 of 4 months $14,732.81 x 4 = $58,931)
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28 The monthly charge during the rest of the term following the end of FY 2021-22 (July 1, 2021 —June 30,
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1 2022) (after the current rates above) will be determined upon approval of the MSF rate, as set forth in the
2 COUNTY's Master Schedule of Fees, Charges, and Recovered Costs, and total number of residents in
3 CITY of that year(pursuant to the calculation described above) for the term of this Agreement.
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