HomeMy WebLinkAboutAgreement A-23-011 with Fresno Unified School District.pdf Agreement No. 23-011
1 AGREEMENT
2 This Agreement ("Agreement") is dated January 3. 2023 and is between County
3 of Fresno, a political subdivision of the State of California, hereinafter referred to as "County,"
4 and Fresno Unified School District, a public school district, whose address is 2309 Tulare
5 Street, Fresno, CA, 93721, hereinafter referred to as "FUSD." County and FUSD may be
6 collectively referred to herein as "Parties" or in the singular as "Party."
7 Recitals
8 A. WHEREAS, FUSD desires to secure law enforcement services from County, through the
9 Fresno County Sheriff's Office, to be provided at Wawona Middle School, located at 4524 N.
10 Thorne Ave., Fresno, CA 93704 (referred to herein as the "Premises"); and
11 B. WHEREAS, County agrees to render such law enforcement services at the Premises on
12 the terms and conditions hereinafter set forth, and FUSD agrees to pay County the cost of
13 performing such services at the Premises at the rates and under the terms and conditions
14 herein set forth.
15 The parties therefore agree as follows:
16 Article 1
17 Contractor's Services
18 1.1 Scope of Services. The County shall perform all of the services provided in Exhibit
19 A to this Agreement, titled "Scope of Services."
20 1.2 Representation. The County represents that it is qualified, ready, willing, and able to
21 perform all of the services provided in this Agreement.
22 1.3 Compliance with Laws. The County shall, at its own cost, comply with all applicable
23 federal, state, and local laws and regulations in the performance of its obligations under this
24 Agreement, including but not limited to workers compensation, labor, and confidentiality laws
25 and regulations.
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I Article 2
2 County's Responsibilities
3 2.1 General Law Enforcement Services: County agrees its Sheriff's Office will provide,
4 within the limitations of this Agreement, law enforcement services consisting of the provision of
5 one Deputy Sheriff, as set forth in Exhibit A, for up to 1,700 hours of services for each school
6 year,with the exception of the first calendar school year of 2022-23, which will include 1,020
7 hours (170 hours x 6 months).
8 2.2 Duties to be performed by the Deputy Sheriff include intervention, prevention,
9 education, and law enforcement activities at the Premises during normal school hours and
10 operations, between mid-August and the end of June(with the exception of the first year of this
11 Agreement, for which services will begin in January), including extended learning during the two
12 (2)weeks of winter break in December and last three (3)weeks of summer break in June of
13 every year(collectively, "General Law Enforcement Services").
14 2.3 Special Events Services: FUSD acknowledges, agrees, and represents that school
15 events that require law enforcement services which occur or take place outside of normal school
16 operations and hours, which are authorized by permit at the Premises, are not included in the
17 General Law Enforcement Services set forth in 2.1, and are instead "Special Events Service(s)."
18 FUSD shall notify the Sheriff's Office in writing at least thirty(30) days in advance of the need
19 for any such Special Events Service(s) if and when FUSD desires County to provide law
20 enforcement services at such an event. In the event County provides Special Events Service(s),
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21 such services may include intervention, prevention, education, and/or law enforcement activities
22 that are agreeable to County and FUSD. The Fresno County Sheriff, or her or his designee,
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23 acting on behalf of the County, is authorized to agree in writing to provide some or all, to or
24 decline to provide any, of the Special Events Service(s) requested by FUSD. Special Events
25 Service(s) are chargeable to FUSD at the rates identified in Exhibit A.
26 2.4 The performance of General Law Enforcement Services, including the standards of
27 performance, the discipline of officers, and all other matters incident to the performance of law
28 enforcement services and the control of law enforcement personnel, shall be the right and
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I responsibility of County. In the case of dispute between the Parties as to the extent, duties, or to
2 be rendered under this Agreement, of the minimum level or manner of such performance of
3 such services, the determination made by the County, through County's Sheriff, or her or his
4 designee, shall be final and conclusive.
5 Article 3
6 Compensation, Invoices, and Payments
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7 3.1 FUSD shall pay County the cost of performing General Law Enforcement Services at
8 the Premises, as set forth in Section 1.A, above, at the applicable rate for such services as j
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9 listed in Exhibit A. For the first year of this Agreement, FUSD will compensate County for a total j
10 of 1,020 hours of General Law Enforcement Services, and these fees shall be paid in six (6)
11 monthly payments for one hundred seventy (170) hours per payment. Thereafter for the
12 remaining term of this Agreement, FUSD will compensate County for a total of 1,700 hours of
13 General Law Enforcement Services each school year, which fees shall be paid in ten (10)
14 monthly payments for one hundred seventy (170) hours per payment. In addition, FUSD shall `
15 pay County for Special Event Service(s), as set forth in Section 1.13, above, as agreed upon by
16 County and FUSD, at the applicable rate for such services as listed in Exhibit A. The total hours
17 for the school year may change before the school term, upon written approval of both parties no i
18 later than thirty(30) days prior to the beginning of the school term. FUSD agrees to pay, and the
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19 County agrees to receive, compensation for the performance of its services under this j
20 Agreement as described in Exhibit B to this Agreement, title"Compensation."
21 3.2 Maximum Compensation. The maximum compensation payable to the County !
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22 under this Agreement if extended for two additional years under Section 4.2 shall not exceed
23 $1,320,189, FUSD acknowledges that the County is a local government entity, and does so with
24 notice that the County's powers are limited by the California Constitution and by State law. j
25 As indicated in Exhibit A, the hourly rates to be charged by County are the rates set forth in
26 the County's Master Schedule of Fees, Charges, and Recovered Costs, Section 2609,
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27 subdivision (a), for Regular(i.e. General Law Enforcement Services) and Overtime(i.e. Special
28 Law Enforcement Services) rates, in place at the time the services are provided. The parties
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1 further agree that if and when the Master Schedule of Fees, Charges and Recovered Costs,
2 Section 2609, subdivision (a), is amended, changed, or revised, in any way that changes the
3 rates being charged for the services identified in this Agreement, such amended, changed or
4 revised rates will automatically be incorporated into this Agreement, replacing any contrary or
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5 conflicting rates, from the effective date of the amendment, change, or revision in the rate(s),
6 and will become the new rate to be paid by FUSD to County for services provided, from the
7 effective date of the rate change forward. County shall notify FUSD within 30 days written
8 notice to FUSD of the rate increase,which new rate shall not exceed 10% of the rates of the
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9 prior County's Master Schedule of Fees, Charges, and Recovered Costs. The parties
10 acknowledge that the County's Master Schedule of Fees, Charges, and Recovered Costs is
11 subject to change and County shall provide written notice to FUSD within 30 days in advance of
12 the approved Master Schedule of Fees, Charges and Recovered Costs, Section 2609,
13 subdivision (a), is amended, changed, or revised.
14 3.3 Invoices. County shall submit monthly invoices to the FUSD, and FUSD shall pay
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15 County within 30 calendar days of receipt of any such invoice. At the expiration or termination of I
16 this Agreement, County may, in the discretion of Sheriff or her or his designee, submit a final j
17 invoice for all amounts then unpaid, including any remaining, unpaid portion of the 1,020 (FY
18 22-23) or 1,700 hours of General Law Enforcement Services, and FUSD shall pay the amount i
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19 of this final invoice within 30 days of receipt thereof. County shall submit each invoice within 30 !
20 days of receipt of any such invoice. At the expiration or termination of this Agreement, County
21 may, in the discretion of Sheriff or her or his designee, submit a final invoice for all amounts
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22 then unpaid, including any remaining, unpaid portion of the 1,020 (FY 22-23) or 1,700 hours of
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23 General Law Enforcement Services, and FUSD shall pay the amount of this final invoice within
24 30 days of receipt thereof. County shall submit each invoice withing 30 days after the end of the
25 term or termination of this Agreement.
26 3.4 Payment. The FUSD shall pay each correctly completed and timely submitted
27 invoice within 30 days after receipt. Any payment made more than 30 days after receipt of an
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28 invoice may result in contract termination of service reduction, in the sole discretion of the
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1 Fresno County Sheriff's Office, without any penalty or recourse against County. FUSD shall
2 remit payments to the County's address specified in the invoice.
3 3.5 Incidental Expenses. The County is solely responsible for all of its costs and
4 expenses that are not specified as payable by the County under this Agreement.
5 Article 4
6 Term of Agreement
7 4.1 Term.This Agreement is effective January 9, 2023 ("Effective Date"), and terminates
8 on June 30, 2025, except as provided in section 4.2, "Extension," or Article 6, "Termination and
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9 Suspension,"below.
10 4.2 Extension. This Agreement may be extended for two (2) additional consecutive
11 twelve(12) months periods upon written approval of both parties no later than thirty (30) days
12 prior to the first day of the next twelve (12) month extension period. The Sheriff or her or his
13 designee is authorized to execute such written approval on behalf of County based on FUSD's
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14 satisfactory performance. The term of this Agreement may be extended for no more than two,
15 one-year periods only upon written approval of both parties at least 30 days before the first day
16 of the next one-year extension period. The Sheriff or his or her designee is authorized to sign
17 the written approval on behalf of the County based on FUSD's satisfactory performance. The
18 extension of this Agreement by the County and FUSD is not a waiver or compromise of any
19 default or breach of this Agreement by FUSD existing at the time of the extension whether or
20 not known to the County.
21 Article 5
22 Notices
23 5.1 Contact Information. The persons and their addresses having authority to give and
24 receive notices provided for or permitted under this Agreement include the following:
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For the County:
26 Sheriff-Coroner-Public Administrator
County of Fresno
27 2200 Fresno Street
Fresno, CA 93721
28 Sheriff.Payables@fresnosheriff.org
Fax: 559-488-3699
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For the FUSD:
2 Fresno Unified School District
2309 Tulare Street
3 Fresno, CA 93721
FAX No.: 559-457-6202
4 Attention: Patrick Jensen
Interim Chief Financial Officer
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5.2 Change of Contact Information. Either party may change the information in section
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5.1 by giving notice as provided in section 5.3.
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5.3 Method of Delivery. Each notice between the County and FUSD provided for or
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permitted under this Agreement must be in writing, state that it is a notice provided under this
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Agreement, and be delivered either by personal service, by first-class United States mail, by an
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overnight commercial courier service, by telephonic facsimile transmission, or by Portable
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Document Format(PDF) document attached to an email.
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(A)A notice delivered by personal service is effective upon service to the recipient.
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(B) A notice delivered by first-class United States mail is effective three County
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business days after deposit in the United States mail, postage prepaid, addressed to the
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recipient.
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(C)A notice delivered by an overnight commercial courier service is effective one
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County business day after deposit with the overnight commercial courier service,
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delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
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the recipient.
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(D)A notice delivered by telephonic facsimile transmission or by PDF document
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attached to an email is effective when transmission to the recipient is completed (but, if
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such transmission is completed outside of County business hours,then such delivery is
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deemed to be effective at the next beginning of a County business day), provided that j
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the sender maintains a machine record of the completed transmission.
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5.4 Claims Presentation. For all claims arising from or related to this Agreement,
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nothing in this Agreement establishes, waives, or modifies any claims presentation
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requirements or procedures provided by law, including the Government Claims Act(Division 3.6
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of Title 1 of the Government Code, beginning with section 810).
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1 Article 6
2 Termination and Suspension
3 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
4 contingent on the approval of funds by the appropriating government agency. If sufficient funds
5 are not allocated, then the County, upon at least 30 days' advance written notice to the FUSD,
6 may:
7 (A) Modify the services provided by the County under this Agreement; or
8 (B) Terminate this Agreement.
9 6.2 Termination for Breach.
10 (A) Upon determining that a breach (as defined in paragraph (C) below) has
11 occurred, the County may give written notice of the breach to FUSD. The written notice
12 may suspend performance under this Agreement, and must provide at least 30 days for
13 FUSD to cure the breach.
14 (B) If FUSD fails to cure the breach to the County's satisfaction within the time stated
15 in the written notice, the County may terminate this Agreement immediately.
16 (C)For purposes of this section, a breach occurs when, in the determination of the
17 County,the FUSD has:
18 (1) Obtained or used funds illegally or improperly;
19 (2) Failed to comply with any part of this Agreement;
20 (3) Submitted a substantially incorrect or incomplete report to the County; or
21 (4) Improperly performed any of its obligations under this Agreement.
22 6.3 Termination without Cause. In circumstances other than those set forth above, the
23 County may terminate this Agreement by giving at least 30 days advance written notice to
24 FUSD,
25 6.4 No Penalty or Further Obligation.Any termination of this Agreement by the County
26 under this Article 6 is without penalty to or further obligation of the County.
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1 Article 7
2 Independent Contractor
3 7.1 Status. In performance of the work, duties and obligations assumed by County
4 under this Agreement, it is mutually understood and agreed that County, including any and all of
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5 the County's officers, agents, and employees, will at all times be acting and performing as an
6 independent contractor, and shall act in an independent capacity and not as an officer, agent,
7 servant, employee,joint venturer, partner, or associate of the FUSD, However, FUSD shall
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8 retain the right to administer this Agreement so as to verify that County is performing its j
9 obligation in accordance with the terms and conditions thereof.
10 7.2 Verifying Performance. Furthermore, FUSD shall have no right to control or
11 supervise or direct the manner or method by which County shall perform its work and function.
12 FUSD and County shall comply with all applicable provisions of law and the rules and
13 regulations, if any, of governmental authorities having justification over matters the subject
14 thereof. The FUSD has no right to control, supervise, or direct the manner or method of the
15 County's performance under this Agreement, but FUSD may verify that the County is performing
16 according to the terms of this Agreement.
17 7.3 Benefits. The Parties shall be solely liable and responsible for providing to, or on
18 behalf of, their employees all legally-required employee benefits. In addition, Parties shall be
19 solely responsible and save the other Party harmless from all matters relating to payment of
20 each Party's employees, including Social Security withholding and all other regulations
21 governing such matters. Because of its status as an independent contractor, the Parties has no
22 right to employment rights or benefits available to County employees
23 7.4 Services to Others.The parties acknowledge that, during the term of this
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24 Agreement, the County may provide services to others unrelated to the County.
25 Article 8 s
26 Indemnity and Defense
27 8.1 Indemnity. FUSD shall indemnify, save, hold harmless, and at County's request,
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28 defend the County, its officers, agents, and employees from any and all costs and expenses
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1 (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or
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2 resulting to County in connection with the performance, or failure to perform, by FUSD, its
3 officers, agents, or employees under this Agreement, and from any and all costs and expenses
4 (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or
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5 resulting to any person, firm, or corporation who may be injured or damaged by the
6 performance, or failure to perform, of FUSD, its officers, agents, or employees under this j
7 Agreement.
8 County shall indemnify, save, hold harmless, and at FUSD's request, defend the FUSD,
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9 its officers, agents, and employees from any and all costs and expenses(including attorney's
10 fees and costs), damages, liabilities, claims, and losses occurring or resulting to FUSD in
11 connection with the performance, or failure to perform, by County, its officers, agents, or
12 employees under this Agreement, and from any and all costs and expenses(including
13 attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to any
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14 person, firm, or corporation who may be injured or damaged by the performance, or failure to
15 perform, of County, its officers, agents, or employees under this Agreement.
16 8.2 Survival. This Article 8 survives the termination or expiration of this Agreement.
17 Article 9
18 Insurance
19 9.1 The FUSD and County shall comply with all the insurance requirements in Exhibit D
20 to this Agreement.
21 Article 10
22 Inspections,Audits, and Public Records
23 10.1 Inspection of Documents.The FUSD shall make available to the County, and the
24 County may examine at any time during business hours and as often as the County deems
25 necessary, all of FUSD's records and data with respect to the matters covered by this
26 Agreement, excluding attorney-client privileged communications. The FUSD shall, upon request
27 by the County, permit the County to audit and inspect all of such records and data to ensure
28 FUSD's compliance with the terms of this Agreement
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1 10.2 State Audit Requirements. If the compensation to be paid by County under this
2 Agreement exceeds $10,000, the FUSD is subject to the examination and audit of the California
3 State Auditor, as provided in Government Code section 8546.7, for a period of three years after
4 final payment under this Agreement. This section survives the termination of this Agreement.
5 10.3 Public Records. The County is not limited in any manner with respect to its public
6 disclosure of this Agreement or any record or data that FUSD may provide to the County. The
7 County's public disclosure of this Agreement or any record or data that FUSD may provide to
8 the County may include but is not limited to the following:
9 (A) The County may voluntarily, or upon request by any member of the public or
10 governmental agency, disclose this Agreement to the public or such governmental
11 agency.
12 (B) The County may voluntarily, or upon request by any member of the public or
13 governmental agency, disclose to the public or such governmental agency any record or
14 data that FUSD may provide to the County, unless such disclosure is prohibited by court
15 order.
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16 (C)This Agreement, and any record or data that FUSD may provide to the County, is
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17 subject to public disclosure under the Ralph M. Brown Act(California Government Code,
18 Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
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19 (D)This Agreement, and any record or data that FUSD may provide to the County, is
20 subject to public disclosure as a public record under the California Public Records Act
21 (California Government Code, Title 1, Division 7, Chapter 3.5, beginning with section
22 6250) ("CPRA"). i
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23 (E) This Agreement, and any record or data that FUSD may provide to the County, is i
24 subject to public disclosure as information concerning the conduct of the people's
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25 business of the State of California under California Constitution, Article 1, section 3,
26 subdivision (b).
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27 (F) Any marking of confidentiality or restricted access upon or otherwise made with
28 respect to any record or data that FUSD may provide to the County shall be disregarded
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I and have no effect on the County's right or duty to disclose to the public or governmental
2 agency any such record or data.
3 10.4 Public Records Act Requests. If the County receives a written or oral request
4 under the CPRA to publicly disclose any record that is in FUSD's possession or control, and
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5 which the County has a right, under any provision of this Agreement or applicable law,to
6 possess or control,then the County may demand, in writing, that FUSD deliver to the County,
7 for purposes of public disclosure, the requested records that may be in the possession or
8 control of FUSD. Within five business days after the County's demand, FUSD shall (a) deliver to
9 the County all of the requested records that are in FUSD's possession or control, together with a
10 written statement that FUSD, after conducting a diligent search, has produced all requested
11 records that are in FUSD's possession or control, or (b) provide to the County a written
12 statement that FUSD, after conducting a diligent search, does not possess or control any of the
13 requested records. FUSD shall cooperate with the County with respect to any County demand
14 for such records. If FUSD wishes to assert that any specific record or data is exempt from
15 disclosure under the CPRA or other applicable law, it must deliver the record or data to the
16 County and assert the exemption by citation to specific legal authority within the written
17 statement that it provides to the County under this section. FUSD's assertion of any exemption
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18 from disclosure is not binding on the County, but the County will give at least 10 days' advance
19 written notice to FUSD before disclosing any record subject to FUSD's assertion of exemption
20 from disclosure. FUSD shall indemnify the County for any court-ordered award of costs or
21 attorney's fees under the CPRA that results from FUSD's delay, claim of exemption, failure to
22 produce any such records, or failure to cooperate with the County with respect to any County
23 demand for any such records.
24 Article 11
25 Disclosure of Self-Dealing Transactions
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26 11.1 Applicability. This Article 11 applies if FUSD is operating as a corporation, or
27 changes its status to operate as a corporation.
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1 11.2 Duty to Disclose. If any member of FUSD's board of directors is party to a self-
2 dealing transaction, he or she shall disclose the transaction by completing and signing a "Self-
3 Dealing Transaction Disclosure Form" (Exhibit C to this Agreement) and submitting it to the
4 County before commencing the transaction or immediately after.
5 11.3 Definition. "Self-dealing transaction" means a transaction to which FUSD is a party
6 and in which one or more of its directors, as an individual, has a material financial interest.
7 Article 12
8 General Terms
9 12.1 Modification. Except as provided in Article 6, "Termination and Suspension,"this
10 Agreement may not be modified, and no waiver is effective, except by written agreement signed
11 by both parties. The FUSD acknowledges that County employees have no authority to modify
12 this Agreement except as expressly provided in this Agreement.
13 12.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
14 under this Agreement without the prior written consent of the other party.
15 12.3 Governing Law.The laws of the State of California govern all matters arising from
16 or related to this Agreement.
17 12A Jurisdiction and Venue. This Agreement is signed and performed in Fresno
18 County, California. FUSD consents to California jurisdiction for actions arising from or related to
19 this Agreement, and, subject to the Government Claims Act, all such actions must be brought j
20 and maintained in Fresno County.
21 12.5 Construction. The final form of this Agreement is the result of the parties' combined
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22 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
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23 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
24 against either party,
25 12.6 Days. Unless otherwise specified, "days" means calendar days.
26 12.7 Headings. The headings and section titles in this Agreement are for convenience
27 only and are not part of this Agreement.
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1 12.8 Severability. If anything in this Agreement is found by a court of competent
2 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
3 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
4 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
5 intent.
6 12.9 Nondiscrimination. During the performance of this Agreement, FUSD shall not
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7 unlawfully discriminate against any employee or applicant for employment, or recipient of
8 services, because of race, religious creed, color, national origin, ancestry, physical disability,
9 mental disability, medical condition, genetic information, marital status, sex, gender, gender
10 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
11 all applicable State of California and federal statutes and regulation.
12 12.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
13 of FUSD under this Agreement on any one or more occasions is not a waiver of performance of
14 any continuing or other obligation of FUSD and does not prohibit enforcement by the County of
15 any obligation on any other occasion.
16 12.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
17 between FUSD and the County with respect to the subject matter of this Agreement, and it
18 supersedes all previous negotiations, proposals, commitments, writings, advertisements,
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19 publications, and understandings of any nature unless those things are expressly included in
20 this Agreement. If there is any inconsistency between the terms of this Agreement without its
21 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
22 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the j
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23 exhibits.
24 12.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
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25 create any rights or obligations for any person or entity except for the parties.
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26 12.13 Authorized Signature. FUSD represents and warrants to the County that:
27 (A) FUSD is duly authorized and empowered to sign and perform its obligations
28 under this Agreement.
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I (B) The individual signing this Agreement on behalf of FUSD is duly authorized to do
2 so and his or her signature on this Agreement legally binds FUSD to the terms of this
3 Agreement.
4 12.14 Electronic Signatures.The parties agree that this Agreement may be executed by
5 electronic signature as provided in this section.
6 (A) An "electronic signature" means any symbol or process Intended by an individual
7 signing this Agreement to represent their signature, including but not limited to (1) a
8 digital signature; (2) a faxed version of an original handwritten signature; or(3) an
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9 electronically scanned and transmitted (for example by PDF document) version of an
10 original handwritten signature.
11 (B) Each electronic signature affixed or attached to this Agreement(1)is deemed
12 equivalent to a valid original handwritten signature of the person signing this Agreement
13 for all purposes, including but not limited to evidentiary proof in any administrative or
14 judicial proceeding, and (2) has the same force and effect as the valid original
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15 handwritten signature of that person.
16 (C)The provisions of this section satisfy the requirements of Civil Code section
17 1633.5, subdivision (b), in the Uniform Electronic Transaction Act(Civil Code, Division 3,
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18 Part 2, Title 2.5, beginning with section 1633.1).
19 (D)Each party using a digital signature represents that it has undertaken and
20 satisfied the requirements of Government Code section 16.5, subdivision (a),
21paragraphs 1 throu h 5 and agrees that each other art may rely upon that
( ) g ( )� g party Y Y p
22 representation.
23 (E)This Agreement is not conditioned upon the parties conducting the transactions
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24 under it by electronic means and either party may sign this Agreement with an original j
25 handwritten signature.
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26 12.15 Counterparts. This Agreement may be signed in counterparts, each of which is an
27 original, and all of which together constitute this Agreement. i
28 [SIGNATURE PAGE FOLLOWS]
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I The parties are signing this Agreement on the date stated in the introductory clause. i
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FRESNO UNIFIED SCHOOL DISTRICT COUNTY OF FRESNO
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5 Patrick Jensen, Interim Chief Financial Officer SAI ter Chairman of the Board of
Supe f the County of Fresno
6 2309 Tulare St.
Fresno, CA 93721 Attest:
7 Bernice E. Seidel
.aee Clerk of the Board of Supervisors 3
8 Ann Loert(0.&8,7022Ik:MPST) County,of Fresno, State of California
Approve as to Form
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Executive Director,Purchasing By:
10 IDepdty
11 For accounting use'only:
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12 Org No.: 31113965
Account No.: 4975
13 Fund No.: 0001
Subclass No.: 10000
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Exhibit A
1 Scope of Services
2 Fresno Unified School District
3 Sheriff-Coroner-Public Administrator, County of Fresno
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5 Scope of Services
6 I. General Law Enforcement Services, One Deputy
7 FUSD agrees to pay County for providing General Law Enforcement Services under Section 2.1
8 of the Agreement, as follows:
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9 County will provide the services of one Deputy Sheriff, at the then-current rate (i.e. the
10 rate listed at the time the service is provided) listed in the Master Schedules of Fees
11 Charges, and Recovered Costs, Section 2609, subdivision (a),for a Deputy Sheriff III at
12 the"Regular" hourly rate, per hour. FUSD acknowledges that this rate is subject to
13 change, as described in the Agreement. The total amount of the General Law
14 Enforcement Services to be provided and paid for, and the manner of invoicing, is
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15 described in the Agreement.
16 ll. Special Events Services
17 FUSD agrees to pay County for providing Special Event Services(s), under Section 2.2.
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18 of the Agreement, as follows:
19 At the current rate (i.e. the rate listed at the time the service is provided) in the Master
20 Schedule of Fees, Charges, and Recovered Codes, Section 2609, subdivision (a),for a
21 Deputy Sheriff III at the"Overtime" hourly rate, per hour, per Deputy, and FUSD 1
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22 acknowledges that this rate is subject to change, as described in the Agreement.
23
24 Ill. First Year only of this Agreement for FY 2022-23 from January through June 2023, rates
25 are as follow:
26 FY 2022-23 for 1,020 hours at the regular hourly rate of a Deputy Sheriff III is$136.12,
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27 total amount is $138,842.
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A-1
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Exhibit A
1 FY 2022-23 for Special Events services at the request of FUSD at the overtime hourly
2 rate of a Deputy Sheriff III is $65.26.
3
4 IV. Notice of Percentage Increases and changes to Master Schedule of Fees, Charges
5 The rates charged by County for each year of this Agreement shall not exceed 10%
6 of the rates in the prior County Master Schedule of Fees, Charges, and Recovered
7 Costs for the remaining of each contract term (automatic for year 2 and 3, and year 4
8 and 5 with written extension of both parties) and shall notify FUSD within 30 days in
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9 advance of the approved Master Schedule of Fees, Charges and Recovered Costs, i
10 Section 2609, subdivision (a) .
11 The parties acknowledge that the County's Master Schedule of Fees, Charges, and
12 Recovered Costs is subject to change and County shall provide written notice to
13 FUSD within 30 days in advance of the approved Master Schedule of Fees, Charges
14 and Recovered Costs, Section 2609, subdivision (a), is amended, changed, or
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15 revised.
16 V. Roles and Expectations of Student Resource Officers (SROs) j
17 SROs work under the direct supervision of the Sheriff-Coroner-Public Administrator(Sheriff's j
18 Office). The basic duties of SROs are to be visible and active to assist school staff with crime
19 and safety issues, with the objective of supporting safe school environments.
20 The roles and expectations of SROs are as follows:
21 Support a safe campus environment. l
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22 Provide a link between the students, school, community and Sheriffs Office.
23 Interact and build relationships with students and staff. i
24 Service as role models to students.
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25 Be visible in the halls and common areas of the campus, particularly during times of high
26 student movement, for safety recommendations to help make the campus safer for all.
27
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A-2
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Exhibit A
1 Respond to reports of on-campus criminal activity, using proper discretion to address
2 criminal activity which includes investigation, documentation, and enforcement of the
3 incident based on the totality of the circumstances and the law violated.
4 Develop SRO activities based on the goals of the school administration and Sheriff's
5 Office expectations.
6 Be visible after school during time of crime surges.
7
8 A. Responsibilities of SROs, Sheriffs Office and FUSD
9 It is the goal of the FUSD and Sheriff's Office partnership to support safe campus environments
10 where all students feel cared for and connected, and where policies, practices, and interactions
11 help create a culture free from bias toward specific student groups.
12
13 SRO Responsibilities:
14 Seek opportunities to engage in positive interactions and build relationships with
15 students.
16 Participate in informational sessions with students, parents/guardians and staff regarding
17 roles and expectations of SROs.
18 , Track positive interactions with students.
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• Track who initiates student-SRO contacts(Officer, student administrator, other staff,
26 etc.).
21 • Participate in cultural proficiency and restorative practices trainings provided by FUSD, if
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the trainings align with Sheriffs Office standards of practice and training.
23 , Participate in quarterly review of student-SRO contact data with school administration
24 and district support staff, and collaboratively develop a plan to reduce disproportionate
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impacts on specific student groups.
26 . Be present with school staff and parents/guardians in conflict resolution involving
27 students.
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A-3
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Exhibit A
1 Become familiar with Youth Court as a potential referral for students when offenses are
2 aligned to the Youth Court process.
3
4 Sheriff's Office Responsibilities:
5 Clearly define roles and expectations of SROs, and consistently communicate and
6 implement them district-wide.
7 Develop a system to track positive student interactions, and regularly share this
8 information with the community.
9 Develop a system to track who initiates student-SRO contacts (Officer, school
10
administrator, other staff, etc.).
11 Collaboratively with the FUSD, develop and implement measures to track and monitor
12 effectiveness of SRO services.
13 Provide student-SRO contact data in Excel format aligned to the district's student
14 groups.
15 Continue to recruit ethnically/racially and gender diverse group of potential SROs.
16 • Continue involving community members.
17 • Consider a casual uniform for SROs without compromising safety equipment, at FUSD
18
expense.
19 • Work with each school to develop school-specific graphics/wraps for SRO vehicles
20
21 FUSD Responsibilities:
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• Collaboratively, with the Sheriff's Office, develop and implement measures to track and
23 monitor effectiveness of SRO services.
24
• Provide SROs with cultural proficiency and restorative practices training, if aligned to
25
Sheriffs Office standards of practice and training.
26
• Create opportunities for student, parent/guardian and staff engagement with SROs.
27
• Publicly provide SRO-related data on a semester basis.
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• Develop an annual report highlighting the efforts of SROs on district campuses.
A-4
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Exhibit B
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1 Compensation
2 The County will be compensated for performance of its services under this Agreement
3 as provided in this Exhibit B. The County is not entitled to any compensation except as
4 expressly provided in this Exhibit B, and as described in the Agreement.
5 FUSD shall pay County the cost of performing General Law Enforcement Services at the
6 Premises, as set forth in Section 2.1 of the Agreement, at the applicable rate for such
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7 services as described in Exhibit A. For the first year of this Agreement, FY 2022-23, i
8 FUSD shall compensate County for a total of 1,020 hours of General Law Enforcement
9 Services, to be paid over six (6) monthly payments for one hundred seventy (170) hours
10 per payment. Thereafter, FUSD shall compensate County for a total of 1,700 hours of
11 General Law Enforcement Services each school year for the term of this Agreement, to
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12 be paid over ten (10) monthly payments for one hundred seventy (170) hours per
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13 payment, except the total hours for the school year may be changed before the school
14 term, upon written approval of both parties no later than thirty (30) days prior to the
15 beginning of the school term. j
16 . As indicated in Exhibit A, the hourly rates to be charged by County, and subsequently 1
17 paid by FUSD, are the rates set forth in the County's Master Schedule of Fees, Charges,
18 and Recovered Costs, Section 2609, subdivision (a), for Regular (i.e. General Law
19 Enforcement Service) and Overtime (i.e. Special Law Enforcement Services) rates, in
20 place at the time the services are provided. The parties further agree that if and when I
21 the Master of Schedule of Fees, Charges and Recovered Costs, Section 2609,
22 subdivision (a), is amended, changed, or revised, in any way that changes the rates
23 being charged for the services identified in this Agreement, such amended, changed, or
24 revised the rates being charged for the services identified in this Agreement, County
25 shall provide written notice to FUSD 30 days before the amended, changed, or revised -
26 rates take effect. The amended, changed, or revised rates shall be incorporated into this
27 Agreement from the effective date of the amendment, change, or revision in the rate(s),
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28 replacing any contrary or conflicting rates, , and will become the new rates to be paid by
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Exhibit B
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1 FUSD for services provided. The parties acknowledge that the County's Master
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2 Schedule of Fees, Charges, and Recovered Costs is subject to change.
3 County shall submit monthly invoices to FUSD and FUSD shall pay County within thirty
4 (30) calendar days of receipt of any such invoice. At the expiration of termination of this
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5 Agreement, County may, in the discretion of Sheriff or Sheriff's designee, submit a final '
6 invoice for all amounts unpaid and earned, including any remaining, unpaid portion of
7 the 1,700 hours of General Law Enforcement Services, and FUSD shall pay the full
8 amount of this final invoice with thirty (30) days of receipt thereof. Any payment made
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9 more than 30 days after receipt of an invoice may result in termination of this Agreement
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10 or service reduction, in the sole discretion of the Fresno County Sheriff's Office, without
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11 any penalty or recourse against County.
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12 Approved as to form
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1 A Ann Loorz(Dec 16,2022 1:43 PST)
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15 Executive Director, Purchasing i
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Exhibit C
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno ("County"), members of a
contractor's board of directors ("County Contractor"), must disclose any self-dealing transactions
that they are a party to while providing goods, performing services, or both for the County. A
self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in
which one or more of its directors has a material financial interest."
The definition above will be used for purposes of completing this disclosure form.
Instructions
(1) Enter board member's name,job title (if applicable), and date this disclosure is being
made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County.At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction;
and
b. The nature of the material financial interest in the Corporation's transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
The form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
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C-1
Exhibit C
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
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(3) Disclosure (Please describe the nature of the self-dealing transaction you are a
party to)
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(4) Explain why this self-dealing transaction is consistent with the requirements of
Corporations Code § 6233 (a)
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(6)Authorized Signature
Signature: Date:
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C-2
Exhibit D
Insurance Requirements
1. Required Policies
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Without limiting the County's right to obtain indemnification from FUSD or any third parties,
FUSD, at its sole expense, shall maintain in full force and effect the following insurance policies
throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. FUSD shall obtain an endorsement to this policy
naming the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insureds will apply as
primary insurance and any other insurance, or self-insurance, maintained by the County
is excess only and not contributing with insurance provided under FUSD's policy.
(B) Automobile Liability.Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C)Workers Compensation.Workers compensation insurance as required by the laws of
the State of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
(E) Molestation Liability. Sexual abuse/molestation liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence, with an annual aggregate of
Four Million Dollars ($4,000,000), This policy must be issued on a per occurrence basis.
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If School is a governmental entity, it may satisfy the policy requirements above through a
program of self-insurance, including an insurance pooling arrangement or joint exercise of
powers agreement.
2. Additional Requirements
(A) Verification of Coverage.Within 30 days after FUSD signs this Agreement, and at any
time during the term of this Agreement as requested by the County's Risk Manager or
the County Administrative Office, FUSD shall deliver, or cause its broker or producer to
deliver, to the County Risk Manager, at 2220 Tulare Street, 16th Floor, Fresno,
California 93721, or HRRiskManagement@fresnocountyca.gov, and by mail or email to
the person identified to receive notices under this Agreement, certificates of insurance i
and endorsements for all of the coverages required under this Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been
obtained and is in full force; (2)the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and(3) FUSD has
D-1
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Exhibit D
waived its right to recover from the County, its officers, agents, employees, and
volunteers any amounts paid under any insurance policy required by this
Agreement and that waiver does not invalidate the insurance policy.
(H) The commercial general liability insurance certificate must also state, and include
an endorsement, that the County of Fresno, its officers, agents, employees, and
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under FUSD's
policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used In connection with this Agreement.
(iv) The professional liability insurance certificate, if it is a claims-made policy, must
also state the retroactive date of the policy, which must be prior to the date on
which services began under this Agreement.
(v) The cyber liability insurance certificate must also state that it is endorsed, and
include an endorsement, to cover the full replacement value of damage to,
alteration of, loss of, or destruction of intangible property(including but not limited i
to information or data) that is in the care, custody, or control of FUSD.
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(B) Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by admitted insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no
less than A: VII.
(C) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, FUSD shall provide to the County, or ensure that the policy requires the
insurer to provide to the County, written notice of any cancellation or change in the policy
as required in this paragraph. For cancellation of the policy for nonpayment of premium, j
FUSD shall, or shall cause the insurer to, provide written notice to the County not less
than 10 days in advance of cancellation. For cancellation of the policy for any other
reason, and for any other change to the policy, FUSD shall, or shall cause the insurer to,
provide written notice to the County not less than 30 days in advance of cancellation or
change. The County in its sole discretion may determine that the failure of FUSD or its i
insurer to timely provide a written notice required by this paragraph is a breach of this
Agreement.
(D) County's Entitlement to Greater Coverage. If FUSD has or obtains insurance with
broader coverage, higher limits, or both, than what is required under this Agreement,
then the County requires and is entitled to the broader coverage, higher limits, or both.
To that end, FUSD shall deliver, or cause its broker or producer to deliver, to the
County's Risk Manager certificates of Insurance and endorsements for all of the
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Exhibit D j
coverages that have such broader coverage, higher limits, or both, as required under
this Agreement. j
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(E) Waiver of Subrogation. FUSD waives any right to recover from the County, its officers, j
agents, employees, and volunteers any amounts paid under the policy of worker's
compensation insurance required by this Agreement. FUSD is solely responsible to
obtain any policy endorsement that may be necessary to accomplish that waiver, but
FUSD's waiver of subrogation under this paragraph Is effective whether or not FUSD
obtains such an endorsement.
(F) County's Remedy for Contractor's Failure to Maintain. If FUSD fails to keep in effect i
at all times any insurance coverage required under this Agreement, the County may, in j
addition to any other remedies it may have, suspend or terminate this Agreement upon I
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the occurrence of that failure, or purchase such insurance coverage, and charge the cost i
of that coverage to FUSD. The County may offset such charges against any amounts j
owed by the County to FUSD under this Agreement.
(G)Subcontractors. FUSD shall require and verify that all subcontractors used by FUSD to
provide services under this Agreement maintain insurance meeting all insurance
requirements provided in this Agreement.This paragraph does not authorize FUSD to
provide services under this Agreement using subcontractors. j
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