HomeMy WebLinkAbout15301 AGT905- 00 4
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2 AGREEMENT
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This Agreement is executed this day of ,Ta,,,r 2005, by and between the
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County. of Fresno, a political subdivision of the State of California, hereinafter referred
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to as "COUNTY," and the CITY OF REEDLEY, a general law city located in the County
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of Fresno, hereinafter referred to as "CITY."
WHEREAS, Fresno County Ordinance Code Section 2.32.040 permits
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COUNTY's Sheriff to cause all the able-bodied persons confined in the County jail
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under judgment of misdemeanor conviction, under the direction of some responsible
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person, to perform labor upon the public grounds or such other places as the Sheriff
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may deem advisable for the benefit of the COUNTY; and
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WHEREAS, pursuant to the above authority, both the COUNTY's Sheriff and
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the CITY desire to permit selected sentenced inmates to perform basic maintenance
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and repair on CITY facilities and grounds; and
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WHEREAS, CITY agrees to provide a responsible CITY employee to direct and
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control the selected sentenced inmates during transportation to and from the Satellite
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Jail and during performance of work under this Agreement.
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NOW, THEREFORE, the parties agree as follows:
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1. OBLIGATION OF COUNTY
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21 A. COUNTY's Sheriff will permit not more than ten (10) sentenced inmates
22 housed in the Fresno County Satellite Jail located in Fresno, California to be
23 transported to CITY's facilities and grounds in Reedley, California, for the purpose of
24 providing basic maintenance and repair to CITY's facilities and grounds.
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1 B. COUNTY's Sheriff agrees to coordinate the scheduling of inmates
2 participating under this Agreement with the CITY coordinator at least 24 hours in
3 advance of each workday under the Agreement.
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C. COUNTY's Sheriff agrees to pick up any inmate participating under this
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Agreement and return such inmate to the Fresno County Jail who is reported by the
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CITY to have attempted escape, suffered an injury, inflicted an injury on another
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person or property, or otherwise created a disturbance.
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9 D. COUNTY's Sheriff shall provide meals for inmates participating under
10 this agreement.
11 2. OBLIGATION OF CITY
12 A. Transportation of the inmates from the Satellite Jail to the CITY and
13 return transportation of the inmates from the CITY to the Satellite Jail shall be the
`4 responsibility of the CITY. Inmates shall be transported in a legal fashion and picked
15 up at the Satellite Jail not later than 7:30 a.m., and returned to the Satellite Jail not
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later than 4:30 p.m. on Monday through Friday. While in the custody of the CITY, the
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inmates shall be under the continuous, direct supervision of a full-time CITY employee
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who CITY deems sufficiently responsible to direct and supervise the inmates.
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B. The CITY shall be responsible for the following:
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i. To explain to inmates the standard of performance for each job
22 assigned and to supervise the inmates through acceptable job
23 completion.
24 ii. To provide to the inmates applicable safety instruction and briefing,
25 and all tools and safety equipment required for jobs assigned.
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1 iii. To provide restroom facilities and a lunch area and break area.
2 C. The CITY further agrees to notify the COUNTY's Sheriffs Detention Bureau
3 immediately of any escape or attempted escape by any inmate participating under this
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agreement, any injury to person or property suffered by an inmate or inflicted by an
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inmate participating under this Agreement, or any other urgent incident.
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3. COMPENSATION/INVOICING
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There shall be no monetary consideration paid by any party to the other under
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9 the Agreement. The parties' mutual promises to perform shall be the basis of
10 consideration of this Agreement.
=1 4. TERM
12 This Agreement shall become effective upon signing of all parties involved, and
13 shall remain in full force and effect, unless and until terminated by either party
:4 pursuant to this section of the agreement. This Agreement may be terminated by
15 either party upon twenty-four (24) hours written notification. COUNTY's Sheriff shall
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have the authority to terminate this Agreement pursuant to this paragraph on behalf of
COUNTY. CITY's City Manager shall have the authority to terminate this Agreement
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pursuant to this paragraph on behalf of CITY.
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5. NOTICES
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The persons and their addresses having authority to give and receive notices
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under this Agreement include the following:
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County of Fresno City of Reedley
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Fresno County Sheriffs Detention Reedley City Police Department
z4 Attn: Sergeant Ron Vega 843 "G" Street
1265 "M" Street Reedley, CA 93654-2697
J Fresno, CA 93721 Lieutenant, Steve Wright or
Lieutenant, Joe Garza
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Phone (559) 488-2845 Phone (559) 637-4250
FAX (559) 2624010 FAX (559) 638-2615
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3 COUNTY's Sheriff and CITY both agree to notify the other of the identity of its
coordinator and/or contact person for this Agreement and of any change thereafter.
5 6. HOLD HARMLESS
6 CITY agrees to indemnify, save, hold harmless, and at COUNTY'S request,
7 defend the COUNTY, its officers, agents, and employees from any and all costs and
8 expenses, damages, liabilities, claims, and losses occurring or resulting to COUNTY in
9 connection with the performance, or failure to perform, by CITY, its officers, agents, or
10 employees under this Agreement, and from any and all costs and expenses, damages,
1_ liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who
_2 may be injured or damaged by the performance, or failure to perform, of CITY, its
13 officers, agents, or employees under this Agreement.
14 7. INDEPENDENT CONTRACTOR
15 In performance of the work, duties and obligations assumed by CITY under this
16 Agreement, it is mutually understood and agreed that CITY, including any and all of the
_, CITY officers, agents, and employees will at all times be acting and performing as an
18 independent contractor, and shall act in an independent capacity and not as an officer,
19 agent, servant, employee, joint venturer, partner, or associate of the COUNTY.
20 Furthermore, COUNTY shall have no right to control or supervise or direct the manner or
21 method by which CONTRACTOR shall perform its work and function. However,
22 COUNTY shall retain the right to administer this Agreement so as to verify that CITY is
23 performing its obligations in accordance with the terms and conditions thereof.
24 CITY and COUNTY shall comply with all applicable provisions of law and the
25 rules and regulations, if any, of governmental authorities having jurisdiction over
matters the subject thereof.
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I Because of its status as an independent contractor, CITY shall have absolutely
2 no right to employment rights and benefits available to COUNTY employees. CITY
3 shall be solely liable and responsible for providing to, or on behalf of, its employees all
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legally required employee benefits. In addition, CITY shall be solely responsible and
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save COUNTY harmless from all matters relating to payment of CITY's employees,
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including compliance with Social Security withholding and all other regulations
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governing such matters. It is acknowledged that during the term of this Agreement,
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9 CITY may be providing services to others unrelated to the COUNTY or to this
10 Agreement.
11 8. MODIFICATION
12 Any matter of this Agreement may be modified from time to time by the written
13 consent of all the parties without, in anyway, affecting the remainder.
14 9. NON-ASSIGNMENT
1' Neither party shall assign, transfer or sub-contract their rights or duties under
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this Agreement without the written consent of the other party.
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10. GOVERNING LAW
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Venue for any action arising out of or relating to this Agreement shall only be
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in Fresno County, California. The rights and obligations of the parties and all
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21 interpretation and performance of this Agreement shall be governed in all respects by
22 the laws of the State of Califomia.
23 11. INSURANCE
24 Without limiting the COUNTY's right to obtain indemnification from CITY or
25 any third parties, CITY, at its sole expense, shall maintain in full force and effect the
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I following insurance policies or a program of self-insurance, including but not limited to,
2 an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the
3 term of this Agreement:
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A. Commercial General Liability
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Commercial General Liability lnsurance with limits of not less than One
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Million Dollars ($1,000,000.00) per occurrence and an annual aggregate of Two Million
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Dollars ($2,000,000.00). This policy shall be issued on a per occurrence basis.
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County may require specific coverage including completed operations, product liability,
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contractual liability, Explosion-Collapse-Underground, fire legal liability or any other
11 liability insurance deemed necessary because of the nature of the contract.
z B. Automobile Liabilitv
13 Comprehensive Automobile Liability Insurance with limits for bodily
14 injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person,
is Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages
-6 of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a
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combined single limit of Five Hundred Thousand Dollars ($500,000.00). The
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requirements of this subsection shall apply only to vehicles used in connection with
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Agreement.
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C. Professional Liabilitv
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zz If CITY employs licensed professional staff, (e.g., Ph.D., R.N.,
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L.C.S.W., M.F.C.C. Lawyers, Architects, etc.) in providing services, Professional
z` Liability Insurance (Errors and Omissions) with limits of not less than One Million
25 Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual
aggregate.
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1 D. Worker's Compensation
2 A policy of Worker's Compensation insurance as may be required by
3 the California Labor Code.
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CITY shall obtain endorsements to the Commercial General Liability
5 insurance naming the County of Fresno, its officers, agents, and employees,
6 individually and collectively, as additional insured, but only insofar as the operations
7 under this Agreement are concemed. Such coverage for additional insured shall apply
8 as primary insurance and any other insurance, or self-insurance, maintained by
9 COUNTY, its officers, agents and employees shall be excess only and not contributing
to with insurance provided under CITY's policies herein. This insurance shall not be
11 cancelled or changed without a minimum of thirty- (30) day's advance written notice
12 given to COUNTY.
13 Within Thirty (30) days from the date CITY signs this Agreement, CITY
shall provide certificates of insurance and endorsement as stated above for all of the
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foregoing policies, as required herein, to the County of Fresno, (Name and Address of
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the official who will administer this contract), stating that such insurance coverage
16 have been obtained and are in full force; that the County of Fresno, its officers, agents
17 and employees will not be responsible for any premiums on the policies; that such
18 Commercial General Liability insurance names the County of Fresno, its officers,
19 agents and employees, individually and collectively, as additional insured, but only
L0 insofar as the operations under this Agreement are concerned; that such coverage for
21 additional insured shall apply as primary insurance and any other insurance, or
22 self-insurance, maintained by COUNTY, its officers, agents and employees, shall be
excess only and not contributing with insurance provided under CITY's policies herein;
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and that this insurance shall not be cancelled or changed without a minimum of thirty
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(30) days advance, written notice given to COUNTY.
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1 In the event CITY fails to keep in effect at all times insurance coverage as
2 herein provided, the COUNTY may, in addition to other remedies it may have,
3 suspend or terminate this Agreement upon the occurrence of such event.
4 All policies shall be with admitted insurers licensed to do business in the State
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of California. Insurance purchased shall be purchased from companies possessing a
current A.M. Best, Inc. rating of B+ FSC Vill or better.
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12. ENTIRE AGREEMENT
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This Agreement constitutes the entire agreement between the CITY and
9 COUNTY with respect to the subject matter hereof and supersedes all previous
10 negotiations, proposals, commitments, writings, advertisements, publications, and
1: understandings of any nature whatsoever unless expressly included in this Agreement.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
2 day and year first hereinabove written.
3 CITY OF REEDLEY COUNTY OF FRESNO
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5 City 9r Cha n Board of Supervisors
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7 TAXPAYER FEDERAL I.D. #: REVIEWED & RECOMMENDED
FOR APPROVAL
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Ricord P' rce heriff
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11 APPROVED AS TO LEGAL FORM: APPROVED AS TO ACCOUNTING
12 �e,,.C unty Counsel FORM:n �S /-. W\ Vicki Crow, CPA
Auditor-Controller/Treasurer-Tax
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Collect r
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16 FOR ACCOUNTING USE ONLY: ATTEST:
17 Fund No. 0001 BERNICE E. SEIDEL, Clerk
Board of Supervisors
18 Org. No.: 34101000
19 Account No.: 4975 BY2
Deputy
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