HomeMy WebLinkAboutAgreement A-17-454 with Regents of the University of California.pdfUNIVERSITY OF CALIFORNIA, DAVIS
BERK!LEY • DAVIS • IJlVINE • LOS ANGELES • MERCED • IUVER.SIDE • SAN DIEGO • SAN FRANCISCO
UCDAVIS EXTENSION
CENTER FOR HUMAN SERVICES
WWW.EXTENSION.UCDAVIS .EDU
1632 DAVINO CT
DAVIS , CA 95616
Training Services Agreement
SANTA BAllBARA • SANTA CRUZ
Agreement # 17-454
This Agreement is made this 12th day of September, 2017 by and between The Regents
of the University of California ("University"), on behalf of its Davis campus UC Davis
Extension and Fresno County Department of Behavioral Health ("User").·
RECITALS
WHEREAS, University is a public education institution accredited by the Western
Association of Schools and Colleges, and has developed a human and social services training
program ("Program,") and
WHEREAS, User wishes to obtain major skills training courses for User's personnel who
provide related services in fulfillment of their goals and objectives (Exhibit B);
NOW, THEREFORE, the parties agree as follows:
1. University shall present Program as set forth in Exhibit A.
a. Limit on attendance. No more than 30 persons per course session may attend
without the prior written approval of the University.
b. Reschedule/cancel of class. If User reschedules or cancels any training class
within 10 calendar days of start date, User shall pay for all expenses incurred up
to the date on which University receives notice of the reschedule or cancellation.
2. Term. The term of this Agreement shall be from date of execution through June 30.
2018. All courses must be completed by June 30, 2018.
3. Termination. Either party may terminate this Agreement by giving thirty (30) days'
written notice to the other party.
4. Alteration, Amendment. No alteration of the terms of this Agreement shall be valid or
binding upon either party unless made in writing and signed by both parties. This
Agreement may be amended at any time by mutual agreement of the parties, expressed in
writing and signed by both parties.
Agreement# 17-454
5. Fee & Payment. User shall pay University as set forth in Exhibit A. University will
invoice User in arrears no more often than monthly for training completed. User shall
pay University within thirty days (30) of User's receipt of University invoice. Failure to
pay within thirty days may be deemed a material breach of this Agreement and good
cause for termination.
6. Indemnification. Each party shall defend, indemnify and hold the other party, its officers,
employees and agents harmless from and against any and all liability, loss, expense
including reasonable attorneys' fees, or claims for injury or damages arising out of the
performance of this Agreement but only in proportion to and to the extent such liability,
loss, expense, attorneys' fees, or claims for injury or damages are caused by or result
from the negligent or intentional acts or omissions of the indemnifying party, its officers,
agents, or employees.
7. Insurance. University is self-insured under California law. University shall maintain this
program of self-insurance throughout the term of this Agreement \\jth retentions as
follows:
a. General Liability (and professional liability) coverage with a per occurrence limit
of a minimum of one million dollars ($1,000,000).
b. Auto Liability including non-owned automobiles, with a minimums as follows:
1) Bodily injury
a) Per person $1,000,000
b) Per accident $1,000,000
2) Property damage $1,000,000
c. Workers Compensation insurance in accordance with California state law.
d. Employer's Liability coverage in the amount of one million dollars ($1 ,000,000).
If requested by User in writing University shall provide, upon rec~ipt of a fully-executed
Agreement, a Certificate of Self-Insurance naming User, its officers, agents, and
employees, individually and collectively as additional insured (except for Worker's
Compensation . Insurance) for services provided under this Agreement.
Coverage shall apply as primary insurance and any other insurance or self-insurance
maintained by the User, its officers, agents, and employees should be excess only. This
insurance shall not be canceled or changed without a minimum of thirty (30) days
advance, written notice given to User.
8. Confidentiality of information about individuals. University agrees to safeguard names
and addresses of individuals received through the performance ofthis Agreement in
accordance with Welfare and Institution Code Section 10850.
9. Use ofUniversity name. User shall not use the name of the University in any form or
manner in advertisements, reports or other information released to the public without the
prior written approval of University.
2
Agreement # 17-454
10 . Relationship of parties. It is expressly understood and agreed that this Agreement is not
intended and shall not be construed to create the relationship of agent, servant, employee,
partnership, joint venture or association between the parties.
11. Notice addresses. All notices under this Agreement shall be effective only if made in
writing and delivered by personal service or by mail and addressed as follows. Either
party may, by written notice to the other, change its own mailing address.
University:
Financial Services
UC Davis Extension
1333 Research Park Drive
Davis, CA 95618
Additional University:
Center for Human Services
UC Davis Extension
1632 Da Vinci Ct
Davis, CA 95618
County of Fresno
Department of Behavioral Health
3133 N. Millbrook Avenue
Fresno, CA 93703
Additional Contact:
(If Applicable)
12. Force majeure. In the event that performance by a party is rendered impossible by reason
of strikes, lockouts, labor disputes, acts of God, governmental restrictions, regulations or
other causes beyond the reasonable control of that party, performance shall be excused
for a period commensurate with the period of impossibility.
University is a land-grant institution with a mission of teaching, research, public service
and patient care, and it is required to recover the full cost of providing services to non-
University entities such as User, and as a non-profit entity, makes rio profit. Therefore,
University does not have reserves from which to pay for expenditures made on behalf of
User for which it is not reimbursed. In the event of a force majeure, User shall be
responsible for payment of all expenses incurred to the point at which University gives or
receives notice of the impossibility. If the impossibility becomes permanent, University
will make best efforts to cancel or mitigate all outstanding financial commitments, and
User shall be responsible for the cost of any remaining obligations.
13. Assignment. This Agreement shall be binding upon the successors and assigns of the
parties. Neither party may assign the Agreement without the prior written permission of
the other party.
14. Nondiscrimination. University agrees not to discriminate in the provision of service
under this . Agreement on the basis of race; color; religion; marital status; national origin ;
ancestry; sex; ~exual orientation; physical or mental handicap; medical condition;
Agreement # 17-454
political affiliation; status as a Vietnam-era veteran or disabled veteran; or, within the
limits imposed by law or University regulations, because of age or citizenship.
University is an affirmative action/equal opportunity employer. ·
15. Conflict of Interest. The parties to this Agreement have read and are aware of the
provisions of Government Code section 1090 et seq. and section 87100 relating to
conflict of interest of public officers and employees. University represents that it is
unaware of any financial or economic interest of any public officer of employee of User
relating to this Agreement. It is further understood and agreed that if such a fmancial
interest does exist at the inception of this Agreement, User may immediately terminate
this Agreement by giving written notice. ·
16. Waiver of Rights. No delay or failure of either party in exercising any right, and no
partial or single exercise of any right, shall be deemed to constitute· a waiver of that right
or any other right.
17. Headings. The headings and captions contained in this Agreement are for convenience
only, and shall be of no force or effect in construing and interpreti~g the provisions of
this Agreement.
18. Severability of Terms. In the event of any conflict between any provisions of this
Agreement and any applicable law, rule or regulation, this Agre~ment shall be modified
only to the extent necessary to eliminate the conflict and the rest of the Agreement shall
remain unchanged and in full force and effect.
19. Governing law. The laws of the State of California shall govern this Agreement.
20. Integrated agreement. This Agreement constitutes the entire understanding between the
parties respecting the subject matter contained herein and supersedes any and all prior
oral or written agreements regarding such subject matter. ·
Signatur~ page follows:
4
Agreement # 17-454
IN WI1NESS WHEREOF, this Agreement has been executed as of the date first set forth
above.
THE REGENTS OF THE
UNIVERSITY OF_ CALIFORNIA
4~ By ________ ~_·, ______________ _
Name Paul M. McNeil
Title Dean, UC Davis Extension
~ ) ~ /..:z. 1/11 Date _________________ J ______ _
FEIN: 94-6036494
USER
By l~L .
Brian Pacheco, Chairman
Board of Supervisors ·
Date __ Q,;_-_\:_o.';h_~-___;\"--'/:...__ ___ _
ATTEST:
BERNICE E. SEIDEL, Clerk
Board of Supervisors
APPROVED AS TO LEGAL FORM:
DANIEL C. CEDERBORG, COUNTY COUNSEL
APPROVED AS TO ACCOUNTING FORM:
OSCAR GARCIA, C/P.A., AUDITOR-CONTROLLER/
TREASURER TAX-COLLECTOR
REVIEWED AND RECOMMENDED FOR APPROVAL:
~~ By ________________________________ ___
Dawan Utecht, Director
Department of Behavioral Health
Fund/Subclass:
Organization:
Account/Program:
0001/10000
56304756
7295/0
Agreement # 17-454
Agreement # 17-454
EXHIBIT A
TRAINING PROGRAM
1. UC Davis to provide 36.00 Units (days) of training in the subject areas selected by the
agency from the UC Davis Extension curriculum LEAD NOW for Department of
Behavioral Health staff.
2. UC Davis to provide 48.00 Units (days) of training in the subject areas selected by the
agency from the UC Davis Extension curriculum Supervisory Series I & II for
Department of Behavioral Health supervisors.
3. UC Davis to provide 6.00 Units (days) of training in the subject ar.eas selected by the
agency from the UC Davis Extension curriculum Customer Service .for Department of
Behavioral Health for line staff dealing with clients.
4. University will provide the following:
a. Needs assessment, curriculum planning and implementation.
b. Instructional and student services.
c. Instructional materials.
d. Evaluation and feedback.
e. Continuing education credit.
f. Off-site training site and audio-visual equipment when on-site facility and
equipment are not available. (Extra training units may be charged.)
g. Food and non-alcoholic beverages when requested by the User in writing. (Extra
training units may be charged.)
h. Any other items when requested by the User in writing and approved by
University. (Extra training units may be charged.)
5. User will provide the following:
a. Training facility and audio-visual equipment.
b. On-site coordination of training.
Total cost of LEAD NOW training under this Agreement is
Total cost of Supervisory training under this Agreement is
Total cost of Customer-Service training under this Agreement is
$153,000
$204,000
$ 25,500
University's in-kind contribution for LEAD NOW training is $15,300
University's in-kind contribution for Supervisory training is $20AOO
University's in-kind contribution for Customer-Service training is $ 2,550
Fresno County's share of cost of LEAD NOW training
Fresno County's share of cost of Supervisory training
Fresno County's share of cost of the Customer-Service training
$137,700
$183,600
$ 22,950
.,
Agreement # 17-454
EXlllBITB
GOALS AND OBJECTIVES
The Department of Behavioral Health (DBH) training needs will focus on a new leadership
training, LEAD NOW and a supervisory class, Supervising with Compassion. Training for line
staff includes Customer Experience Management. The Fiscal Year 2017-18 will increase staff's
supervisory and leadership skills. As such, UC Davis will be responsible for the following:
• The training for line staff will help increase the knowledge and skills so that they may
work more effectively with clients and other staff.
• Training will be provided from 8:00am to 5:00pm at a site selected by the County.
• Design training curriculums that will meet the needs the of Behavioral Health staff to
optimize the use of available resources.
• Assist DBH Staff Development Training Unit with coordinating services and providing
information on continuing education credits.
• Provide DBH With attendance rosters and evaluation outcomes in a timely manner.
• Provide a maximum of90 Units (Days) as specified in Exhibit A.
0