HomeMy WebLinkAboutAgreement A-18-058 with Fresno Unified School District.pdf1 AGREEMENT
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3 THIS AGREEMENT is made and entered into this_ day of February, 2018, by
4 and between the COUNTY OF FRESNO, a Political Subdivision of the State of California,
5 hereinafter referred to as "COUNTY", and FRESNO UNIFIED SCHOOL DISTRICT, whose
6 address is 2309 Tulare St., Fresno, CA 93721, hereinafter referred to as "SCHOOL". COUNTY
7 and SCHOOL may be collectively referred to herein as "Parties" or in the singular as "Party."
8 WI T N E S S ET H:
9 WHEREAS, SCHOOL desires to secure law enforcement services from the
10 COUNTY, through the Fresno County Sheriff-Coroner's Office, at Wawona Middle School, located
11 at 4524 N. Thorne Ave., Fresno, CA 93704 (referred to herein as the "Premises"); and
12 WHEREAS, COUNTY agrees to render such law enforcement services at the
13 Premises on the terms and conditions hereinafter set forth, and SCHOOL agrees to pay to
14 GOU NTY the cost of performing such services at the Premises at the rates and under the terms
15 and conditions herein set forth.
16 NOW, THEREFORE, in consideration of the mutual covenants, terms and
17 conditions herein contained, the parties agree as follows:
18 1.SERVICES PROVIDED BY COUNTY
19 i.General Law Enforcement Services: COUNTY agrees its Sheriff-Coroner's
20 Office will provide, within the limitations of this Agreement, law enforcement services consisting of
21 one (1) Deputy Sheriff as set forth in Exhibit A, attached hereto and incorporated herein by this
22 reference. Duties to be performed by the Deputy Sheriff include intervention, prevention,
23 education, and law enforcement activities at the Premises during normal school hours and
24 operations, between February 20, 2018, and June 30, 2018.
25 ii.Special Events Services: SCHOOL acknowledges, agrees, and represents
26 that SCHOOL events that require law enforcement services which occur or take place outside of
27 normal school operations and hours, or which are authorized by permit at the Premises, are not
28 included in the General Law Enforcement Services set forth in 1.i., above, and are "Special Events
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Agreement No. 18-058
1 Service(s)." SCHOOL shall notify Sheriff-Coroner' at least thirty (30) days in advance of the need 2 for any such Special Events Service(s) if and when SCHOOL desires COUNTY to provide law 3 enforcement services at such an event. In the event COUNTY provides Special Events 4 Service(s), such services may include intervention, prevention, education, and/or law enforcement 5 activities that are agreeable between COUNTY and SCHOOL. The Fresno County Sheriff-6 Coroner or her/his designee, acting on behalf of the COUNTY, is authorized to agree to provide 7 some or all, to or decline to provide any, of the Special Events Service(s) requested by SCHOOL. 8 Special Events Service(s) are chargeable to SCHOOL at the rates identified in Exhibit A 9 iii. The performance of General Law Enforcement Services and Special Event 10 Services, including the standards of performance, the discipline of officers, and all other matters 11 incident to the performance of law enforcement services and the control of law enforcement 12 personnel, shall be the right and responsibility of COUNTY. In the case of dispute between the 13 Parties as to the extent, duties, or functions to be rendered under this Agreement, or the minimum 14 level or manner of such performance of such services, the determination made by the COUNTY, 15 through its Sheriff-Coroner, or her/his designee, shall be final and conclusive. 16 2. TERM 17 This Agreement shall become effective on the 20th day of February, 2018 and 18 shall terminate on the 3Q1h day of June 2018. 19 3. TERMINATION 20 i. Non-Allocation of Funds -The terms of this Agreement, and the services to 21 be provided hereunder, are contingent on the approval of funds by the appropriating government 22 agency. Should sufficient funds not be allocated, the services provided may be modified, or this 23 Agreement terminated, at any time by giving the SCHOOL thirty (30) days advance written notice. 24 ii. Breach of Contract -The COUNTY may immediately suspend or terminate 25 this Agreement in whole or in part, where in the determination of the COUNTY there is: 26 1) An illegal or improper use of funds; 27 2) A failure to comply with any term of this Agreement; 28 3) A substantially incorrect or incomplete report submitted to the -2-
1 COUNTY; 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4) Improperly performed service. iii. Without Cause -Under circumstances other than those set forth above, and for any reason whatsoever, this Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written notice of an intention to terminate to SCHOOL. The Fresno County Sheriff-Coroner, or her/his designee, is authorized to terminate this Agreement, pursuant to this subsection 3.iii. 4. COMPENSATION/INVOICING: A SCHOOL shall pay COUNTY the cost of performing General Law Enforcement Services at the Premises, as set forth in Section 1.i., above, at the applicable rate for such services identified in Exhibit A COUNTY will provide up to 720 hours of General Law Services. In addition, SCHOOL shall pay COUNTY for Special Events Service(s), as set forth in Section 1.ii, above, as agreed upon by COUNTY and SCHOOL, at the applicable rate for such services identified in Exhibit A The hourly rates sets forth in Exhibit A are the rates set forth in the County's Master Schedule of Fees for General Law Enforcement and Special Events Service(s) in effect upon the Parties' execution of the Agreement. The parties agree that upon any thirty (30) days written notice from COUNTY to SCHOOL of a revision in the County's Master Schedule of Fees, such rate change(s) will automatically be incorporated into this Agreement and will become the new rates to be paid by SCHOOL to COUNTY under this Agreement. The Fresno County Sheriff-Coroner, or her/his designee, will be the person to give notice on behalf of COUNTY of any revision in the County's Master Schedule of Fees. B. COUNTY shall submit monthly invoices to SCHOOL within fifteen (15) days of the last calendar day of each month for which General Law Enforcement Services and/or Special Event Services are performed. SCHOOL shall pay COUNTY within thirty (30) calendar days of receipt of any such invoice. Any payment made more than 30 days after receipt of the invoice may result in contract termination or service reduction, in the sole discretion of the Fresno County Sheriff-Coroner, without any penalty or recourse against COUNTY. 5. INDEPENDENT CONTRACTOR: In performance of the work, duties and -3-
1 obligations assumed by COUNTY under this Agreement, it is mutually understood and agreed that 2 COUNTY, including any and all of the COUNTY'S officers, agents, and employees will at all times 3 be acting and performing as an independent contractor, and shall act in an independent capacity 4 and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the 5 SCHOOL. Furthermore, SCHOOL shall have no right to control or supervise or direct the manner 6 or method by which COUNTY shall perform its work and function. However, SCHOOL shall retain 7 the right to administer this Agreement so as to verify that COUNTY is performing its obligations in 8 accordance with the terms and conditions thereof. 9 SCHOOL and COUNTY shall comply with all applicable provisions of law and 10 the rules and regulations, if any, of governmental authorities having jurisdiction over matters the 11 subject thereof. 12 The Parties shall be solely liable and responsible for providing to, or on behalf 13 of, its employees all legally-required employee benefits. In addition, Parties shall be solely 14 responsible and save the other Party harmless from all matters relating to payment of each Party's 15 employees, including compliance with Social Security withholding and all other regulations 16 governing such matters. 17 6. MODIFICATION: Any matters of this Agreement may be modified from time 18 to time by the written consent of all the parties without, in any way, affecting the remainder. 19 7. NON-ASSIGNMENT: Neither Party shall assign, transfer or sub-contract this 20 Agreement nor their rights or duties under this Agreement without the prior written consent of the 21 other Party. 22 8. HOLD HARMLESS: SCHOOL agrees to indemnify, save, hold harmless, and 23 at COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all 24 costs and expenses, damages, liabilities, claims, and losses occurring or resulting to COUNTY in 25 connection with the performance, or failure to perform, by SCHOOL, its officers, agents, or 26 employees under this Agreement, and from any and all costs and expenses, damages, liabilities, 27 claims, and losses occurring or resulting to any person, firm, or corporation who may be injured 28 or damaged by the performance, or failure to perform, of SCHOOL, its officers, agents, or -4-
1 employees under this Agreement. 2 COUNTY agrees to indemnify, save, hold harmless and, at SCHOOL's 3 request, defend the SCHOOL, its officers, agents and employees from any and all costs and 4 expenses, damages, liabilities, claims, and losses occurring or resulting to SCHOOL in connection 5 with the performance, or failure to perform by COUNTY, its officers, agent, or employees under 6 this Agreement. 7 9. INSURANCE 8 Without limiting the COUNTY's right to obtain indemnification from SCHOOL or 9 any third parties, SCHOOL, at its sole expense, shall maintain in full force and effect, the following 10 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling 11 arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: 12 A. Commercial General Liability: Commercial General Liability Insurance with 13 limits of not less than One Million Dollars ($1,000,000) per occurrence and an 14 annual aggregate of Two Million Dollars ($2,000,000). This policy shall be 15 issued on a per occurrence basis. COUNTY may require specific coverages 16 including completed operations, products liability, contractual liability, 17 Explosion-Collapse-Underground, fire legal liability or any other liability 18 19 20 21 22 23 24 25 26 27 28 insurance deemed necessary because of the nature of this Agreement. B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in connection with this Agreement. C. Professional Liability: If SCHOOL employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per -5-
1 2 3 4 5 6 7 8 9 occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Child Abuse/Molestation Liability: Sexual Abuse /_Molestation Liability Insurance (including but not limited to corporal punishment liability, sexual abuse and molestation liability, and child abduction liability) with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate. This policy shall be issued on a per occurrence basis. E. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. 10 SCHOOL shall obtain endorsements to the Commercial General Liability insurance 11 naming the County of Fresno, its officers, agents, and employees, individually and collectively, as 12 additional insured, but only insofar as the operations under this Agreement are concerned. Such 13 coverage for additional insured shall apply as primary insurance and any other insurance, or 14 self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess only 15 and not contributing with insurance provided under SCHOOL's policies herein. This insurance 16 shall not be cancelled or changed without a minimum of thirty (30) days advance written notice 17 given to COUNTY. 18 Within Thirty (30) days from the date SCHOOL signs and executes this Agreement, 19 SCHOOL shall provide certificates of insurance and endorsement as stated above for all of the 20 foregoing policies, as required herein, to the County of Fresno, (Name and Address of the official 21 who will administer this contract), stating that such insurance coverage have been obtained and 22 are in full force; that the County of Fresno, its officers, agents and employees will not be 23 responsible for any premiums on the policies; that such Commercial General Liability insurance 24 names the County of Fresno, its officers, agents and employees, individually and collectively, as 25 additional insured, but only insofar as the operations under this Agreement are concerned; that 26 such coverage for additional insured shall apply as primary insurance and any other insurance, or 27 self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only 28 and not contributing with insurance provided under SCHOOL's policies herein; and that this -6-
1 insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, 2 written notice given to COUNTY. 3 In the event SCHOOL fails to keep in effect at all times insurance coverage as herein 4 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this 5 Agreement upon the occurrence of such event. 6 All policies shall be issued by admitted insurers licensed to do business in the State 7 of California, and such insurance shall be purchased from companies possessing a current A.M. 8 Best, Inc. rating of A FSC VII or better. 9 10. · AUDITS AND INSPECTIONS: The SCHOOL shall at any time during business 10 hours, and as often as the COUNTY may deem necessary, make available to the COUNTY for 11 examination all of its records and data with respect to the matters covered by this Agreement. The 12 SCHOOL shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of 13 such records and data necessary to ensure SCHOOL'S compliance with the terms of this 14 Agreement. 15 If this Agreement exceeds ten thousand dollars ($10,000.00), COUNTY and 16 SCHOOL shall be subject to the examination and audit of the Auditor General for a period of three 17 (3) years after final payment under contract (Government Code Section 8546.7). 18 11. NOTICES: The persons and their addresses having authority to give and 19 receive notices under this Agreement include the following: 20 21 22 23 24 25 26 27 28 COUNTY Fresno County Sheriff-Coroner 2200 Fresno Street Fresno, CA 93721 Attention: Business Office FAX No.: 559-488-3348 SCHOOL Fresno Unified School District 2309 Tulare Street Fresno, CA 93721 Attention: Ruth F. Quinto Deputy Superintendent/CFO FAX No.:559-457-6202 All notices between the COUNTY and SCHOOL provided for or permitted under this Agreement must be in writing and delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, or by telephonic facsimile -7-
1 transmission. A notice delivered by personal service is effective upon service to the recipient. A 2 notice delivered by first-class United States mail is effective three Fresno County business days 3 after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice 4 delivered by an overnight commercial courier service is effective one Fresno County business day 5 after deposit with the overnight commerGial courier service, delivery fees prepaid, with delivery 6 instructions given for next day delivery, addressed to the recipient. A notice delivered by 7 telephonic facsimile is effective when transmission to the recipient is completed (but, if such 8 transmission is completed outside of Fresno County business hours, then such delivery shall be 9 deemed to be effective at the next beginning of a Fresno County business day), provided that the 10 sender maintains a machine record of the completed transmission. For all claims arising out of or 11 related to this Agreement, nothing in this section establishes, waives, or modifies any claims 12 presentation requirements or procedures provided by law, including but not limited to the 13 Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 14 810). 15 12. GOVERN I NG LAW: Venue for any action arising out of or related to this 16 Agreement shall only be in Fresno County, California. 17 The rights and obligations of the parties and all interpretation and performance 18 of this Agreement shall be governed in all respects by the laws of the State of California. 19 13. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement 20 between the SCHOOL and COUNTY with respect to the subject matter hereof and supersedes all 21 previous Agreement negotiations, proposals, commitments, writings, advertisements, publications, 22 and understanding of any nature whatsoever unless expressly included in this Agreement. 23 Ill 24 /II 25 Ill 26 Ill 27 /II 28 /II -8-
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
2 and year first hereinabove written.
3 FRESNO UNIFIED SCHOOL DISTRICT
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(Authorized Signature)
Robert G. Nelson
6 Superintendent
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ORG No.:
Account No.:
Requisition No.:
31113965
4975
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COUNTY OF FRESNO
ATTEST:
hairman of the Board of Supervisors
f the County of Fresno
Bernice E. Seidel
Clerk to the Board of Supervisors
County of Fresno, State of California
1 2 3 4 5 6 7 8 9 10 11 12 13 14 "Exhibit A" I. General Law Enforcement Services Fresno Unified School District Sheriff-Coroner, County of Fresno SCHOOL agrees to pay COUNTY for providing General Law Enforcement SeNices, under Sections 1.i and 4.A of the Agreement, as follows: One (1) Deputy Sheriff Position at the rate of $106.46 per hour for up to 720 hours ($106.46 x 720 hours= $76,651.20) for the 5 months period of February 20, 2018 to June 30, 2018. The cost for the one scheduled Deputy position will be paid monthly, in 5 equal payments of $15,330.24. Monthly payments will include one onsite patrol vehicle. Provided however, the foregoing calculation is only an estimate, based upon the rate for such seNices in effect upon the Parties' execution of the Agreement, and such rate is subject to change as provided in Section 4.A of the Agreement relating to a revision of the County's Master Schedule of Fees. The COUNTY will invoice the SCHOOL on a monthly basis, for work performed under the 15 Agreement. 16 17 18 19 20 21 22 23 24 25 26 27 28 11. Special Events Service(s) SCHOOL agrees to pay COUNTY for providing Special Events SeNice(s) seNices, under Sections 1.ii and 4.A of the Agreement, as follows: $60.43 per hour, per Deputy. Provided however, the foregoing rate is the rate for such seNices in effect upon the Parties' execution of the Agreement, and such rate is subject to change as provided in Section 4.A of the Agreement relating to a revision of the County's Master Schedule of Fees. Special Events SeNice(s) will be billed as such seNices are provided. -10-