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HomeMy WebLinkAboutAgreement A-17-428 with CHP.pdfCounty of Fresno CHP Agreement# 17R401000 Exhibit A page 1 of 1 EXHIBIT A (Standard Agreement) SCOPE OF WORK 1. Contractee agrees to reimburse the Department of California Highway Patrol (CHP) for costs associated with Task Force Participation in the County of Fresno, Multi Agency Gang Enforcement Consortium (MAGE C) provided by the CHP Central Division office as described in Attachment 1, Memorandum of Understanding. A. CHP Central Division office shall provide three officers. With the exception of overtime payments, per diem, and business expenses, all salary and benefits for the officers will be paid by the CHP and not reimbursed by the task force fund. B. The Task Force Participation to be performed by CHP officers under this Agreement, including the standards of performance, discipline and control thereof, shall be the responsibility of CHP . 2. The services shall be provided during: The hours of duty performed by CHP officer(s) under this Agreement are those mutually agreed upon by the Project Representatives listed below, or designees. Any changes to the proposed plan such as additional hours, dates, and sites for Task Force Participation can be requested and/or on an "as needed " basis and must be mutually agreed upon by the local CHP command and County of Fresno. 3. The Project Representatives during the term of this Agreement will be: STATE AGENCY Department of California Highway Patrol NAME Ca tain Eric Jennin s TELEPHONE NUMBER STATE AGENCY CONTRACTEE Department of California Highway Patrol County of Fresno SECTION/UNIT SECTION/UNIT Business Services Section/Contract Services Unit ATTENTION ATTENTION Jeanette Thomas Steven Rusconi, Business Manager ADDRESS ADDRESS P .O . Box 942898, Sacramento, CA 94298-0001 2200 Fresno Street, Fresno, CA 93721 TELEPHONE NUMBER I FAX NUMBER (916) 843-3610 (916) 322-3166 TELEPHONE NUMBER I EMAIL (559) 600-4447 srusconi@co.fresno.ca.us EXHIBIT B (Standard Agreement) BUDGET DETAIL AND PAYMENT PROVISIONS 1. Invoicing and Payment County of Fresno CHP Agreement# 17R401000 Exhibit B page 1 of 1 A. The CHP shall provide County of Fresno with an itemized invoice which details all CHP costs for task force participation under this Agreement. Monthly itemized invoices will be submitted in duplicate to : County of Fresno 2200 Fresno Street Fresno, CA 93721 Attn : Phone: Steven Rusconi, Business Manager (559) 600-4447 County of Fresno agrees to pay CHP within thirty (30) days after the date of the invoice. B. In consideration for the services contained herein, County of Fresno agrees to reimburse the CHP upon receipt of an itemized invoice. County of Fresno agrees to reimburse the CHP for the actual costs incurred at the time services are provided . The rates indicated in this agreement are for estimate purposes only. It is understood by both parties that rate increases in salary and benefits are governed by collective bargaining agreements and/or statute and that no advance written notification is necessary prior to implementing the increased rates. In the event CHP is granted a rate increase, County of Fresno agrees to pay the increased rate. The following information is the CHP officer overtime rates effective Fiscal Year 16/17, until superseded: CLASSIFICATION OVERTIME RATE CHP Officer $88.47 per hour SPECIAL TERMS AND CONDITIONS EXHIBIT D (Standard Agreement) County of Fresno CHP Agreement# 17R401 000 Exhibit D page 1 of 1 1. The CHP and County of Fresno agree this Agreement may be canceled by either party with thirty (30) days advance written notice. 2. In the event of an emergency, this Agreement may be canceled by either party without prior notice. 3. The CHP and County of Fresno, agree that this Agreement may be amended by written mutual consent of the parties hereto. 4 . Unforeseen events may require CHP officer(s) to expend hours in excess of the original estimate . Any costs in excess of the original estimated amount will be processed by appropriate amendment to the Agreement, to reflect the actual costs incurred. 5. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed within a reasonable period of time (ten days) by the parties normally responsible for the administration of this contract shall be brought to the attention of the Administrative Services Officer (or designated representative) of each organization for joint resolution. 6. County of Fresno agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy and records and supporting documentation pertaining to the performance of this Agreement. County of Fresno agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. County of Fresno agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have infqrmation related to such records. Further, County of Fresno agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et CCR Title 2, Section 1896). 7. The County of Fresno agrees to provide CHP with a resolution, motion, order or ordinance of the governing body, which authorizes execution of this Agreement, and indicates the individual who is authorized to sign the Agreement on behalf of County of Fresno. ~ . . . · .. Counti of F~esno . · .. CHP Agreement# 17R40100Q ... . Attachinetl~ l,_~g~ _1 , .. _. · .... · . i .: ..... · MEMORANDllM OF l!NDERSTANDJNG REIMBURSEMENT OF CHP OVERTIME .. : ~ . I ; ·. :·· : ... .· : This Is a Memorandum M Und~t·sumding (MOU) l~lween the L)l:;lri!Il 1\llurney·Publk·...: .. ·. --··-- Adrnlnlstl'.ato)''$ Dpptll'tment tsigtullory ugency) und lhu Culll\>rniu H ighwU)' Putrol (CHI,) C~nl!·ul Division regnt·ding pm·ticlpation in o mulli-ugency l~l'r\' entim:ement partnt!t'shi() titled Multi-Agency Gang Enforcemenl Consor\lum (hercinull~t· n~~~rteclto ns ··MAOEC"), PURPOSE The pmpose ofthe MOU is to estt~blish n·process thnt will n110\-v th~ CtlP to be reimbun;cd lo t• MAGEC t•elnled ovea·tlme. ROLES AND RESPONSIBILITIES The Distl'ict Auorne)•-Public Aclmlnislrutor (DA·rA), aslht: signCil{H')' agcJH.')· inlhL~ l'vlOU shnll: 1. Act us the luud ugency lo 11dminister the funds lbr th~ MAGEC pl'llgnun. 2. Assist C H P os neeclt:d wilh accessing project rohu~:d inlhrmutiun nnd dau1 needed lu udcqw:lldy condu~:t gnng operations und cnforcl!mcnt refuting to MAGF.C. 3. Meet quat1erly. or more as DA-I'A clct~rmines is ncecl~d m coordinule with CliP :md discuss ongoing issues rclntlng to MAOEC. CHP shaU proYide services tlli'Olll;!h lhc IJA·PA ·s Onicl! rduting to MAOEC dlJI'ing llw te•·m of the MOU. In this regord. Ct·IP. ncting 11~ a dir~ct pl'l)vider or the Se1·vices r,,r the l>A·PA. shall: 1. Provide tlll'e~ CI·IP offic~rs fat· 36 months tl"'l support MAGBC through condut.•lll,g gtmg operations. 2. Involve DA-PA slal'l'when nece.SSfli'Y to drtennine efticient gOI\is 1111d objectives l'~lming to gang injunction ac-tivilks, 3. Meet quartel'iy. nr more as [)A-PA determines is nt=~dl•tlto I.'Oordinntc with ('J-IP nncl discuss ongoing issues !'eluting to lviAGEC. 4. Ensure I he OA-PA. m· nny nuthot•ized I'Cpl'cst=ntntive. wi IIIHI\'~ suiluhlc· 1\l:t'f.'S:I lu pmj~tl uctivlties. dntu collcclion nnd c.lol!Uillt:'lllli ot 1111 l'eu:;unnbie litn~R dul'ing 1he tct•m nJ'th!! MOU. 5. lnunedimt:i)' udvisc.• DA·PA Muny sil:!llincun1JHl)bkm~ 01'1:hnngcs th:H ul'is'-' during th<:.' provision ~,f this pi'Ogl'tlm. · 6. Ensul'e pt'<\p~H' ~h.H:um~ntolion is sulm1 iU~t.l in accot·dancc \Vilh th~ tiJ!I'Ct'mcnt l'or ('HI' pet·sonn.el over!lmt:-npct·ntiuns rclnling w tviAOHC. . -·-.... .. -~·. M emorund um oflJndel'stnnding Pnge2 REI MBlJRSF:MF.N'l' County of Fresno CHP Agreement# 17R401000 Attachment 1, page 2 For the nt'o•-emenlioncd services. DA-I)A ag1·ecs to reimburse CI·IP sokly lh)m nllocoted uncluvt~illlble MAO.EC funds lol' eligible overtime costs incurred by C'H r in plll'suit her~ or. innn t\mount not to exceed $90,000, in accordan~e with the progrnm budget ultnched us l~xhib1t A, nnd within th~ performn11c<: period of the MOU, I. Payment shnll be contingent on DA-PA • s rec~:lpt of un undispttted invoice: und !Ill)' rcp\'lrls and substantiation mnterials r~qulred bv DA-PA. 2. If the CHP should tail to comply with any provi:~ion of the MOU. DA~PA shn\1 be relieved ol'its obligation for rm·ther compcnsnlion. DURATJON AND TF.JtMINATION t)H.OVlSIONS Any party lo this ttgr~cmcnt desiring to term inntc pm1icipntion shnllnmif'y ~tlt:h signntory to 1he Rgreem~nl in wl'iting or lht:il' intCI\llo wilhdrnw. Whhdmwnllhml pnrticiputiun in this ugreemcnt shHII not take ~nect less thnn te" dtl)'S li·om the dat~ or notitii.'Htioll. The p.arties . evid!.!nctd by thei1· signmures heretu. agree this MOLl shnlrbe effective upon appl'OVlllund shlllll'emuin in full J(wcc nnd ctl~ctunlilnny ~Hu1y wilhdrflWS from pnrtieipntion . ll is furthel' !lc\mowledg~cl by all purties cert"in portions oJ' 1hl' agree men! mny rC<JUir~ amendments during the tt't'm of the MOU il' theil' gtwemlng bodies so di1·cct, lfuny provision ol'th~ MOU is held invalid ur ltncunstilucionul. such (.kcision :;hall hnvc nll effect on the vulidily ol' the remaining provisions tJf lhc MOU. and such rl.'mulning pnwislt1ns shall continue to 1'cmain in f'ulll'orce unci t!ITccl. AGREED HEHETO BY Al.l. l't\RTIES WHOSF. SIONATURES APPEAl~ BF.I.OW: Llsn . Smittcatnp Dlslricl Atlorney- l)u bile Admin istruto1· Fresno County onte: 1 j :21)7 -nJt ?l¢- .......... .,w. ........... _ ............ -............................ . N. G. Norwn. Chief c~mtrnl Divlsiun Crllilbmin lllg.hwny J>uti'OI Dnll:.': 1 /zo/z()/7 Exhibit A County of Fresno CHP Agreement# 17R401000 Attachment 1, page 3 Cost Breakdown for California Highway Patrol regarding the Multi-Agtmcy Gang Enforcement Consortium Program (Performance t>eriod of July 1, 2017-June 30~ 2020) CALIFORNIA IDGHWAY PATROL OVERTIME FOR CHP PERSONNEL: Officer 1 Overtime Hours= Total $30,000 Oft1cer 2 Overtime Hours= Total $30,000 Officer 3 Overtime Hours= Total $30,000 BUDGET Total Cost to the California Highway Patrol: $90,000 Total Cost for the Duration of this AGREEMENT: $90,000 This approval signature page relates to an agreement with the California Highway Patrol, which agreement is made by COUNTY OF FRESNO, a Po li tical Subdivision of the State of California, on behalf of which the FRESNO COUNTY DISTRICT ATTORNEY-PUBLIC ADMINISTRATOR'S OFFICE is acting . The agreement period runs from July 1, 2017, to June 30,2020. EFFECTIVE as of the date set forth in the referenced Agreement. APPROVED AS TO ACCOUNTING FORM: OSCAR J. GARCIA, C.P.A. AUDITOR-CONTROLLER/TREASURER TAX COLLECTOR APPROVEDASTOLEGAL FORM: DANIEL CEDERBORG , COUNTY COUNSEL By ~A/~ puty Organization 28624500 Fund 0001 Subclass 1 0000 Account 7295 REVIEWED AND RECOMMENDED FOR APPROVAL: LISA A. SMITTCAMP,DISTRICT ATTORNEY -PUBLIC ADMINISTRATOR ~.b~ pu y