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• 1UnTIf M04
Agrccmcnt 04-301
1 AGREEMENT
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This Agreement is executed this 8 day of June , 2004, 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 FRESNO, a general law city located in the County
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of Fresno, hereinafter referred to as "CITY."
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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
under judgment of misdemeanor conviction, under the direction of some responsible
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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19 1. OBLIGATION OF COUNTY
20 A. COUNTY's Sheriff will permit not more than fifty (50) sentenced inmates
21 housed in the Fresno County Satellite Jail located in Fresno, California to be
22 transported to CITY's facilities and grounds in Fresno, California, for the purpose of
23 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
advance of each workday under the Agreement.
C. COUNTY's Sheriff agrees to pick up any inmate participating under this
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.
D. COUNTY's Sheriff shall provide meals for inmates participating under
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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
1`= responsibility of the CITY. Inmates shall be transported in a legal fashion and picked
1 up at the Satellite Mail 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.
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 immediatelyof an escape or attempted escape b an 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
to consideration of this Agreement.
1, 4. TERM
:2 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
14 pursuant to this section of the agreement. This Agreement may be terminated by
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
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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 Fresno
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Fresno County Sheriff's Detention ATT: Michael Mchatten
24 Attn: Sergeant Ron Vega Parks Manager
25 1265 "M" Street 2326 Fresno Street, Room 101
Fresno, CA 93721 Fresno, CA 93721-1824
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Phone (559) 488-2845 Phone (559) 621-2913
FAX (559) 262-4010
COUNTY's Sheriff and CITY both agree to notify the other of the identity of its
4 coordinator and/or contact person for this Agreement and of any change thereafter.
6. HOLD HARMLESS
CITY 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
f� expenses, damages, liabilities, claims, and losses occurring or resulting to COUNTY in
3 connection with the performance, or failure to perform, by CITY, its officers, agents, or
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
12 may be injured or damaged by the performance, or failure to perform, of CITY, its
officers, agents, or employees under this Agreement.
4 7. INDEPENDENT CONTRACTOR
15 In performance of the work, duties and obligations assumed by CITY under this
1 r 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
a independent contractor, and shall act in an independent capacity and not as an officer,
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 CITY shall perform its work and function. However, COUNTY shall
22 retain the right to administer this Agreement so as to verffy that CITY is performing its
23 obligations in accordance with the terms and conditions thereof.
24 CITY and COUNTY 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.
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Because of its status as an independent contractor, CITY shall have absolutely'
z 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
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
a Agreement.
, 1 8. MODIFICATION
1.2 Any matter 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.
14 9. NON-ASSIGNMENT
15 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
i2 the laws of the State of California.
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
an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the
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term of this Agreement-
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A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than One
Million Dollars ($1,000,000.00) per occurrence and an annual aggregate of Two Million
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,
contractual liability, Explosion-Collapse-Underground, fire legal liability or any other
1, liability insurance deemed necessary because of the nature of the contract.
B. Automobile Liability
L.> Comprehensive Automobile Liability Insurance with limits for bodily
14 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
-F 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). Coverage
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should include owned and non-owned vehicles used in connection with this
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Agreement.
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C. Professional Liability
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If CITY employs licensed professional staff, (e.g., Ph.D., R.N.,
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23 L.C.S.W., M.F.C.C. Lawyers, Architects, etc.) in providing services, Professional
24 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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D. Worker's Compensation
2 A policy of Worker's Compensation insurance as may be required by
3 the Caiifomia 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,
E individually and collectively, as additional insured, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insured shall apply
3 as primary insurance and any other insurance, or self-insurance, maintained -by
COUNTY, its officers, agents and employees shall be excess only and not contributing
10 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
:2 given to COUNTY.
Within Thirty (30) days from the date CITY signs this Agreement, CITY
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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
1 and employees will not be responsible for any premiums on the policies; that such
16 Commercial General Liability insurance names the County of Fresno, its officers,
19 agents and employees, individually and collectively, as additional insured, but only
20 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
2 self-insurance, maintained by COUNTY, its officers, agents and employees, shall be
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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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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.
All policies shall be with admitted insurers licensed to do business in the State
s of California. Insurance purchased shall be purchased from companies possessing a
current A.M. Best, Inc. rating of B+ FSC VIII or better.
12. ENTIRE AGREEMENT
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This Agreement constitutes the entire agreement between the CITY and
7 COUNTY with respect to the subject matter hereof and supersedes all previous
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 FRESNO COUNTY OF FRESNO
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C y Director of r Chairman, Board of Supe*so
6 Recreation and Community Services
TAXPAYER FEDERAL I.D. #. REVIEWED & RECOMMENDED
FOR APPROVAL
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Richard Pierce, Sheriff
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1" APPROVED AS TO LEGAL FORM: APPROVED AS TO ACCOUNTING
Phillip S. Cronin, County Counsel FORM: Vicki Crow, CPA
12 Auditor-Controller/Treasurer-Tax
Collector
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_ 6 FOR ACCOUNTING USE ONLY:
Fund No. 0001 ATTEST :
Org. No.: 34101000 BERNICE E. SEIDEL, Clerk
18 Board of Supervi or
Account No.: 4975
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By.
20 Deputy
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CERTIFICATE OF DELIVERY OF DOCUMENT
I am employed by the County of Fresno as a Deputy Clerk of the Board of Supervisors.
On June 8, 2004 I delivered a copy of Agreement 04-301 thru 04.304 to the Chairperson of the
Fresno County Board of Supervisors.
Marlene Moumdiian
Deputy Clerk