HomeMy WebLinkAboutHR MOU 1-3-23.pdf CaCfor pia Cou.ntie.5
Memorandum of Understanding
Between the California Counties Foundation, Inc,,
and Fresno Counter
to Host a Series of CSAC Institute Courses in Fresno, California
November 28, 2022
The California Counties Foundation, Inc.(Foundation or CSAC)enters into this Memorandum of Understanding
(Agreement)with Fresno County(County)to offer a series of ten CSAC Institute courses in Fresno from
January 2023—December 2023.
Foundation's CSAC Institute will provide the following:
1.. Ten Institute courses chosen by County.
2. On-Line registration.
3. Marketing through semester schedule,website and monthly e-blasts and e-newsletter, The Flipchart.
4. Course design and instruction(including faculty fees and travel expenses).
5. All arrangements for instructor, instructor travel and course materials.
6. Printing and shipping course materials, name tents,certificates of completion and sign-in sheets.
7. Arrangement and payment for morning coffee and lunch.
8. Reduced registration for all County participants registered and paid directly by the County through
quarterly invoices(2022-23 rate is$155/person/per class for the satellite campus cohort credential
package:or$175/person for direct on-line registration).
9. Three credit hours for each participant towards the CSAC Institute Credential for each class.
County will provide the following:
1. Minimum guaranteed payment for 40 participants at the discounted Credential per-person rate(2022-23
rate of$1,550) for the 10 County-selected CSAC courses.Total compensation paid by County to CSAC
pursuant to this Agreement shall not exceed$85,250.
2. Classroom facilities for up to 55 participants.
3. Classroom equipment,including computer,projector,screen,audio connections for computer,flipchart
and easel, markers and microphones as needed.
4. County coordination of registration of County participants.
5. Staff support to assist with room and food logistics,and registration.
6. On site staff for registration,welcoming of participants and introducing instructor.
7. Designated staff member to receive course materials and transfer to classroom.
Other considerations in this Agreement:
1. A minimum number of 40 seats in each class will be reserved for County of Fresno employees.
2. Courses will be open to staff and elected officials from all California counties.
3. Registration fees will be the same as all Institute courses.
4. County will scan and e-mail course sign-in sheet to CSAC Institute staff within a day of the end of the class.
5. CSAC will invoice as arranged quarterly for group course registrations. Payment is due 45 days after invoice
date.
6. If for unforeseen circumstances CSAC Institute must cancel the class,and the class cannot be rescheduled,
all paid registrations will be refunded,and the County will not be obligated for any CSAC Institute
expenses.
7. County may cancel the class up to 30 days in advance with no penalty.Cancellation by County within less
than 30 days of a class is subject to a 50%payment by County to CSAC of the minimum guarantee
(currently$3,100).
Indemnification
Each party shall insure its activities in connection with this Agreement and maintain at all times insurance in
coverage and limit amounts reasonably necessary to protect itself against injuries and damages arising from the
acts or omissions caused by each party,their respective Boards,officials,officers,directors,agents,employees or
volunteers in the performance of this Agreement.
In the event of concurrent negligence on the part of Parties, including any of its Boards,officials,officers,
directors,agents,employees or volunteers,the liability for any and all such claims,demands and actions in law or
equity for such losses,fines,penalties,forfeitures,costs and damages shall be apportioned under the State of
California's theory of comparative negligence as presently established or as may be modified hereafter.
Required Insurance
Without limiting the indemnification of each party as stated herein,it is understood and agreed that the Parties
shall each maintain,at their sole expense, insurance policies or self-insurance programs including, but not limited
to,an insurance pooling arrangement and/or Joint Powers Agreement to fund their respective liabilities including
general liability,automotive liability and workers'compensation. Evidence of Insurance, e.g., Certificates of
Insurance or other similar documentation,shall be provided at the request of either party under this Agreement.
Each party shall provide a Waiver of Subrogation under the Worker's Compensation policy in favor of the other
pa rty.
INDEPENDENT CONTRACTOR
In performance of the work, duties and obligations assumed by the Foundation under this Agreement, it is
mutually understood and agreed that the Foundation,including any and all of the Foundation's officers,agents,
and employees will at all times be acting and performing as an independent contractor,and shall act in an
independent capacity and not as an officer, agent, servant,employee,joint venturer, partner,or associate of the
County. Furthermore,County shall have no right to control or supervise or direct the manner or method by which
the Foundation shall perform its work and function. However,County shall retain the right to administer this
Agreement so as to verify that the Foundation is performing its obligations in accordance with the terms and
conditions thereof.
The Foundation and County shall comply with all applicable provisions of law and the rules and regulations,if any,
of governmental authorities having jurisdiction over,matters the subject thereof.
Because of its status as an independent contractor,the Foundation shall have absolutely no right to employment
rights and benefits available to County employees.Foundation shall be solely liable and responsible for providing
to, or on behalf of, its employees all legally required employee benefits.In addition, Foundation shall be solely
responsible and save County harmless from all matters relating to payment of the Foundation's employees,
including compliance with Social Security withholding and all other regulations governing such matters. It is
acknowledged that during the term of this Agreement, Foundation may be providing services to others unrelated
to the County or to this Agreement.
Signatures
The undersigned have agreed to the terms and conditions identified above.
Gary Digitally signed by Gary
Cornuelle
Cornuelle Date:2023.01.03
13:32:27-08'00'
Gary Cornuelle, Manuel Rivas,Jr.
Fresno County Purchasing Manager Chief Executive Officer
California Counti s Foundation, Inc.
Date
Date
Contact information
Manuel Rivas,Jr.
Hollis Magiil Chief Executive Officer
Director of Human Resources California Counties Foundation, Inc.
2220 Tulare St., 14th Floor 1100 K Street, Suite 101
Fresno,CA 93721 Sacramento, CA 95814
559-600-1800 916-650-8135
hmagill@fresiiocouiityca.gov