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Agreement No. 15-373
AGREEMENT
THIS AGREEMENT is made and entered into this 11th day of August , 2015 by
and between the COUNTY OF FRESNO, a political subdivision of the State of
California, hereinafter referred to as "COUNTY", and CENTRAL UNIFIED SCHOOL
DISTRICT, hereinafter referred to as "SCHOOL".
WITNESSETH:
WHEREAS, SCHOOL desires to secure general law enforcement services from
the COUNTY, through the Fresno County Sheriff's Office; and
WHEREAS, COUNTY agrees to render such law enforcement services on the
terms and conditions hereinafter set forth, and SCHOOL agrees to pay to COUNTY
the cost of performing such services within SCHOOL at the rates and under the terms
and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of their mutual covenants and conditions,
the parties hereto agree as follows:
OBLIGATIONS OF THE COUNTY
A. COUNTY ag~ees, through its Sheriffs Office, hereinafter referred to as
"SHERIFF", to provide, within the limitation of this contract, general law
enforcement services via one Deputy Sheriff as set forth in Exhibit A, attached
hereto and incorporated herein by this reference. Duties to be performed by
the Deputy Sheriff include intervention, prevention, education, and enforcement
activities at the Cer'ltral High School West Campus.
21 B. Additionally, at the request of SCHOOL and upon agreement of SHERIFF,
22 COUNTY shall provide law enforcement services at SCHOOL special events.
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OBLIGATIONS OF THE SCHOOL
A. SCHOOL agrees that the special events which it authorizes by permit
within SCHOOL are not included in the minimum law enforcement service level
and are extraordinary with regard to this Agreement. SCHOOL shall notify
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1 SHERIFF in advance of SCHOOL special events at which SCHOOL desires
2 COUNTY to provide special event law enforcement services and the COUNTY
3 shall provide such services upon agreement by SCHOOL and the SHERIFF.
Special events are chargeable to SCHOOL and payable 30 days from special
invoice date at the special event rate set forth in Exhibit A .
C.The rendition of contract services,the standards of performance,the
discipline of officers,and other matters incident to the performance of such
services and the control of personnel so employed shall remain in COUNTY.In
the case of dispute between the parties as to the extent,duties,or functions to
be rendered under this Agreement,or the minimum level or manner of such
performance of such services,the determination made by COUNTY,through its
SHERIFF shall be final and conclusive.
III.COMPENSATION/INVOICING
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A.SCHOOL shall pay COUNTY the cost of performing policing services at
14 minimum service levels as set forth in Exhibit A. In addition,SCHOOL shall
is pay COUNTY for SCHOOL requested special event service levels as set forth
in EXHIBIT A.The hourly rates set forth in Exhibit A for both minimum service
level and special events are the rates set forth in the County's Master
Schedule of Fees.The parties agree that upon thirty (30)days written notice
from SHERIFF to SCHOOL of a revision in the County's Master Schedule of
Fees,such rate change(s)will automatically be incorporated into this
Agreement.
B.COUNTY shall submit monthly invoices to SCHOOL for minimum service
levels provided in Exhibit A,and shall submit separate invoices as often as
necessary with regard to special event or other extraordinary costs.COUNTY
shall submit an invoice to SCHOOL within fifteen (15)days of the end of each
month for the previous month's charges.SCHOOL shall pay COUNTY within
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thirty (30)days of receipt of invoice.Any payment made more than 30 days
2 after receipt of the invoice may result in contract termination or service
3 reduction,in the sole discretion of SHERIFF,without penalty or recourse
4 against COUNTY.
5 IV.OTHERSOURCES OF FUNDS
SCHOOL agrees that any State or Federal funding,grants or forfeitures that
SHERIFF or COUNTY may obtain shall not offset the compensation due under
this Agreement.
V.TERM
This Agreement shall become effective on the 12th day of August,2015 and
shall terminate onthe 8th dayofJune 2016.
VI.TERMINATION
A.Non-Allocation of Funds -The term of this Agreement,and the services to
be provided thereunder,are contingent on the approval of funds by the
14 appropriating government agency.Should sufficient funds not be allocated,the
15 services provided may be modified, or this Agreement terminated,at any time by
giving the other party thirty (30)days advance written notice.
B.Breach of Contract -Either party may immediately suspend or terminate
this Agreement in whole or in part, upon thirty (30)days advance written notice to
the other parties,for breach of this Agreement.
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.
VIII.INDEPENDENT CONTRACTOR
In performance of the work,duties and obligations assumed by SCHOOL under
this Agreement,itis mutually understood and agreed that the SCHOOL, including
any and allofthe SCHOOL'S officers,agents,and employees will at alltimes be
acting inan independent capacity and not as an officer,agent,servant,employee,
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joint venturer,partner,or associate of the COUNTY.Furthermore,COUNTY shall
2 have no right to control or supervise or direct the manner or method by which
3 SCHOOL shall perform its work and function.However,COUNTY shall retain the
right to administer this Agreement so as to verify that SCHOOL is performing its
obligations in accordance with the terms and conditions thereof.
In performance of the work,duties and obligations assumed by COUNTY
under this Agreement,it is mutually understood and agreed that the COUNTY,
including any and all of the COUNTY officers,agents,and employees will at all
times be acting in an independent capacity and not as an officer,agent,servant,
employee,joint venturer,partner,or associate of the SCHOOL.Furthermore,
SCHOOL shall have no right to control or supervise or direct the manner or
method by which COUNTY shall perform its work and function.However,
SCHOOL shall retain the right to administer this Agreement so as to verify that
COUNTY is performing its obligations in accordance with the terms and conditions
14 thereof.
15 COUNTY and SCHOOL 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.
The parties shall be solely liable and responsible for providing to, or on behalf of,
its employees all legally required employee benefits.In addition,the parties shall
be solely responsible and save the other party harmless from all matters relating
to payment of each party's employees,including compliance with Social Security,
withholding,and all other regulations governing such matters.
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IX.MODIFICATION
2 Any matters of this Agreement may be modified from time to time by the written
3 consent of all the parties without, in any way,affecting the remainder.
4 X.NON-ASSIGNMENT
Neither party shall assign,transfer or sub-contract this Agreement nor their rights
or duties under this Agreement without the prior written consent of the other party.
HOLD HARMLESS
SCHOOL agrees to indemnify,save,hold harmless,and at COUNTY'S request,
defend the COUNTY, its officers,agents,and employees from any and all costs
and expenses,damages,liabilities,claims,and losses occurring or resulting to
COUNTY in connection with the performance,or failure to perform,by SCHOOL,
its officers,agents,or employees under this Agreement,and from any and all
costs and expenses,damages,liabilities,claims,and losses occurring or resulting
to any person,firm,or corporation who may be injured or damaged by the
performance,or failure to perform,of SCHOOL,its officers,agents,or employees
under this Agreement.
COUNTY agrees to indemnify,save,hold harmless,and at SCHOOL'S request,
defend the SCHOOL,its officers,agents,and employees from any and all costs
and expenses,damages,liabilities,claims,and losses occurring or resulting to
SCHOOL in connection with the performance,or failure to perform,by COUNTY,
its officers,agents,or employees under this Agreement,and from any and all
costs and expenses,damages,liabilities,claims,and losses occurring or resulting
to any person,firm,or corporation who may be injured or damaged by the
performance,or failure to perform,of COUNTY,its officers,agents,or employees
under this Agreement.
SCHOOL shall hold COUNTY harmless for a reduction in law enforcement
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services resulting from labor relations actions and the obligation to pay COUNTY
shall be reduced for services not performed for that reason.
XII.INSURANCE
It is understood and agreed that,without limiting the right of either party to
obtain indemnification from the other party or any third parties,COUNTY and
SCHOOL shall maintain insurance policies or self-insurance programs to fund
their respective liabilities.Evidence of insurance,e.g.,Certificates of Insurance
or other similar documentation,shall not be required of either party under this
agreement.
XIII.AUDITS AND INSPECTIONS
The COUNTY shall at any time during business hours,and as often as the
SCHOOL may deem necessary,make available to the SCHOOL for
examination all of its records and data with respect to the matters covered by
this Agreement.The COUNTY shall,upon request by the SCHOOL,permit the
SCHOOL to audit and inspect all of such records and data necessary to ensure
COUNTY'S compliance with the terms of this Agreement.
If this Agreement exceeds Ten Thousand and no/100 Dollars ($10,000.00),
COUNTY shall be subject to the examination and audit of the State Auditor for a
period of three (3)years after final payment pursuant to Government Code
Section 8546.7.
XIV.NOTICES
The persons and their addresses having authority to give and receive notices
under this Agreement include the following:
Fresno County Sheriff Central Unified School District
P.O.Box 1788 4605 N.Polk Avenue
Fresno,CA 93717 Fresno,CA 93722
1 Attn:Business Office Attn:Ruben Diaz
2 Any and all notices between the COUNTY and the SCHOOL provided for
3 under this Agreement shall be in writing and shall be deemed duly served when
personally delivered to one of the parties,or in lieu of such personal service,
when deposited in the United States Mail,postage prepaid,addressed to such
party.
XV.GOVERNING LAW
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Venue for any action arising out of or relating to this Agreement shall only be in
Fresno County,California.The rights and obligations of the parties and all
interpretation and performance of this Agreement shall be governed in all
respects by the laws of the State of California.
XVI.ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the SCHOOL and
COUNTY with respect to the subject matter hereof and supersedes all previous
negotiations,proposals,commitments,writings,advertisements,publications,
15 and understandings of any nature whatsoever,unless expressly included in this
16 Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first hereinabove written.
CENTRAL UNIF D SCHOOL DISTRICT
elly Porterflel , Assistant Superlnten ent,
Chief Business Officer
Approved as to Form:
Le
ATTEST:
BERNICE E. SEIDEL, Clerk
Board of Supervisors
By ~•S"'N ~sh~
Depuy
Counsel
FOR ACCOUNTING USE ONLY:
Fund No. 0001
Org. No.: 31113964
Account No.:
Subdass:
4975
10000
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COUNTY OF FRESNO
REVIEWED & RECOMMENDED
FOR APPROVAL
APPROVED AS TO ACCOUNTING
FORM:
:1iut-&--
Vicki Crow, CPAAuditor-
Controllerffreasurer-Tax Collector
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2 Central Unified School District
Sheriff,County of Fresno
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4 Exhibit A
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I.Minimum Annual Service Level,Per Deputy
SCHOOL agrees to pay COUNTY for providing minimum service levels as
follows:
A.One Deputy Sheriff Position at the rate of $96.78 per hour for 1,440 hours
($96.78 x 1,440 hours =$139,363)for the period of August 12,2015 to June
8,2016.The cost for the one scheduled Deputy position will be paid
monthly, in 10 equal payments of $13,936.32.
12 The COUNTY will invoice the SCHOOL on a monthly basis,August through
May.The total amount payable under this agreement shall not exceed
$139,363 unless both parties agree on additional services for special events.13
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II.Special Events Levels
SCHOOL agrees to pay COUNTY for providing special event service levels as
follows:
A.$54.94 Per hour,Per Deputy
is Special Events will be billed as consumed.
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