HomeMy WebLinkAboutAgreement A-25-405 PC 290 Satellite Jail Agreement.pdf I
Docusign Envelope ID:866941AC-1258-4C9D-B3AD-52DB3731EOCB
Agreement No. 25-405
1 LICENSE AGREEMENT
2 THE CONSOLIDATED EFFORT FOR IDENTIFYING, REGISTERING, AND
3 MONITORING OF REGISTERED SEX OFFENDERS COUNTY SATELLITE JAIL UTILIZATION
4 AS A PENAL CODE SECTION 290 — REGISTRATION FACILITY
5 This License Agreement ("Agreement") is dated August 19, 2025 and is between
6 the County of Fresno, a political subdivision of the State of California, hereinafter referred to as
7 "County," and the City of Fresno, a California municipal corporation, hereinafter referred to as
8 "City."
9 Recitals
10 A. On June 23, 2020, the County and City entered into a License Agreement (County
11 Agreement No. 20-231), whereby the County granted the City a license for City's Police
12 Department ("FPD") to use certain identified office and parking areas located at the County's
13 Satellite Jail ("Facility"), located at 110 M Street, Fresno, California, 93721.
14 B. County Agreement No. 20-231 matures on June 30, 2025.
15 C. County's Sheriff's Office ("FSO") and the FPD desire to continue to consolidate their
16 efforts regarding the identification, registration, and monitoring of subjects regulated under the
17 provisions of California Penal Code Section 290 (Sex Crime Registrants) at the new location of
18 the South Annex Jail, located at 2280 Fresno Street, Fresno, CA 93721 ("Facility") on June 30,
19 2025.
20 D. County agrees to make available for City's use certain designated areas at the Facility
21 for the purposes described herein.
22 The parties therefore agree as follows:
23 Article 1
24 Grant of License to Share Use of Facility
25 1.1 County grants City a license for employees of FPD to use the office at the South
26 Annex Jail, 131 Garage Pass Through Area (off of M. Street between Fresno and Tulare)for a
27 total of four (4) parking stalls (three (3) parking spots for FPD employees and one (1)for FSO
28 employee), and agrees to share with FSO the common areas of the Facility including, without
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1 limitation, the interview area of the Facility (all collectively referred to as the "Facility Office").
2 FPD may use the Facility Office solely for the utilization by its employees, including
3 investigators, and the parking spaces for parking of FPD or FPD employee vehicles. The FSO
4 Facility Office for the Program is located at the South Annex Jail on the southwest corner of
5 Fresno and M. Street, located on 2280 Fresno Street, Fresno, CA 93721.
6 1.2 Operational Costs and License Fees.
7 A. County shall provide and pay for all janitorial services, internet, telephone, gas, electricity,
8 garbage pick-up and disposal, security alarm monitoring services, pest control, water,
9 sewer, maintenance and repair of the Facility and site for the Program.
10 B. City agrees to pay County license fees quarterly for City's use of the Facility Office,
11 described in this Agreement, as set forth in Exhibit A, attached and incorporated this
12 reference, for the purposes of the Program. In no event shall compensation paid to County
13 by City for the possible five-year term of this Agreement exceed $20,000 per year, for a total
14 of$100,000 over the course of five (5) years.
15 1.3 Mutual Agreement of Parties to Adjust Proportionate Share. FPD shall obtain the
16 prior written consent from the Sheriff of the FSO to add any additional FPD staff beyond the four
17 investigators anticipated to be assigned to the Facility, or to increase the total number of
18 dedicated hours by the FPD investigators. FSO shall obtain the prior written consent from the
19 FPD Chief of Police to add any additional FSO staff beyond the two investigators anticipated to
20 be assigned, or to increase the total number of dedicated hours by such FSO investigators. In
21 the event there is any proposed change which the respective Sheriff or Chief of Police
22 determines will require the modification of the proportionate share of the Monthly Operational
23 Costs, then such modification shall be by a mutual written agreement of the parties modifying
24 this Agreement.
25 1.4 County and City Acknowledgements.
26 A. County and City acknowledge that this Agreement is not intended in any way to impact
27 County's utilization of other parts of the Facility by FSO.
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1 B. County and City acknowledge that this Agreement is not intended to limit in any way the
2 authority or ability of FPD to process any of its Penal Code section 290 registrants at other
3 FPD sites or facilities.
4 C. County and City acknowledge that this joint effort by its law enforcement agencies does
5 not provide for the exclusion of any allowable booking or jail access fees that might attach to
6 the arrest and booking into the Fresno County Jail by the FPD of any individual connected
7 with this Penal Code section 290 registration operation.
8 D. City acknowledges that the Facility Office shall be utilized only for the delivery of services
9 related to Penal Code section 290 pursuant to the Program.
10 1.5 Compliance with Laws. The County and City shall, at its own cost, comply with all
11 applicable federal, state, and local laws and regulations in the performance of its obligations
12 under this Agreement, including but not limited to workers compensation, labor, and
13 confidentiality laws and regulations.
14 Article 2
15 Invoicing and Payment
16 2.1 County shall invoice City quarterly in accordance with Exhibit A. Invoices shall be
17 addressed to FPD as follows:
18 Fresno Police Department
2323 Mariposa
19 Fresno, CA 93717
20 Attn: Business Office
21 2.2 All payments shall be made by the FPD within thirty (30) days of receipt of the
22 invoice. All payments shall be addressed to the FSO as follows:
23 Fresno Sheriff's Office
P.O. Box 1788
24 Fresno, CA 93717
Attn: Business Office
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26 2.3 Term, Extension and Termination. The initial term of this Retroactive Agreement
27 shall be for a term of 3 years, beginning on July 1, 2025, and ending on June 30, 2028, unless
28 and until terminated earlier by either party in accordance with this Agreement.
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1 2.4 This Agreement may be extended on the same terms and conditions herein for up to
2 two (2) consecutive 1-year periods, upon written agreement by both the City's Police Chief and
3 the County's Sheriff prior to expiration of the then-current initial term or extension period.
4 2.5 This Agreement may be terminated by either party with or without cause by giving
5 written notice to the other party at least thirty (30) days in advance of the effective date of such
6 termination. The City's Police Chief shall have authority to terminate this Agreement on behalf of
7 the City. The County's Sheriff shall have authority to terminate this Agreement on behalf of the
8 County.
9 2.6 In the event that the primary use of the Facility requires a change (i.e., resumption of
10 Facility as a jail facility or other FSO or County use) based on conditions unknown to either
11 County or the Sheriff at the time of entering into this Agreement, County may terminate this
12 Agreement by giving written notice to City at least thirty (30) days in advance of the effective
13 date of such termination. Upon becoming aware of any conditions which may require such a
14 change, County shall immediately notify City of such conditions.
15 2.7 This Agreement is contingent on the appropriation of funds by each respective
16 governmental agency to fund their respective obligations hereunder. Should funds not be
17 appropriated, this Agreement may be terminated by the party upon thirty (30) days prior written
18 notice to the other party.
19 2.8 Upon expiration or termination of this Agreement, City shall remove all personal
20 property from, vacate, and surrender, the Facility Office on or before the respective expiration
21 date or effective date of termination.
22 2.9 Rendition of Jurisdictional Services. The rendition of law enforcement services by
23 the respective law enforcement agency, the standard of performance, the discipline of
24 personnel, and other matters incident to the performance of such services, and the control of
25 personnel so employed, shall remain with each respective party's law enforcement agency ( i.e.,
26 FSO or FPD).
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1 2.10 Payment. The City shall pay each correctly completed and timely submitted invoice
2 within 30 days after receipt. The County shall remit each payment invoice to the City's address
3 specified in the invoice.
4 2.11 Independent Contractor. In performance of the work, duties and obligations
5 assumed by County under this Agreement, it is mutually understood and agreed that County,
6 including any and all of the County officers, agents, and employees will at all times be acting
7 and performing as an independent contractor, and shall act in an independent capacity and not
8 as an officer, agent, servant, employee, joint venturer, partner, or associate of the City.
9 Furthermore, City shall have no right to control or supervise or direct the manner or method by
10 which County shall perform its work and function. However, City shall retain the right to
11 administer this Agreement so as to verify that County is performing its obligations in accordance
12 with the terms and conditions thereof.
13 City and County shall comply with all applicable provisions of law and the rules and regulations,
14 if any, of governmental authorities having jurisdiction over matters the subject thereof. Because
15 of its status as an independent contractor, County shall have absolutely no right to employmen
16 rights and benefits available to City employees. County shall be solely liable and responsible for
17 providing to, or on behalf of, its employees all legally required employee benefits. In addition,
18 County shall be solely responsible and save City harmless from all matters relating to payment o
19 County's employees, including compliance with Social Security withholding and all other
20 regulations governing such matters. It is acknowledged that during the term of this Agreement
21 County may be providing services to others unrelated to the City or to this Agreement.
22 2.12 Alternative Dispute Procedure. In the event of a dispute between the parties a
23 to any condition or issue associated with this Agreement, the Sheriff of FSO and the FPD Chief o
24 Police, or their respective designees, will meet and participate in a discussion to exercise goo
25 faith efforts to resolve the dispute.
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1 Article 3
2 Notices
3 3.1 Contact Information. The persons and their addresses having authority to give and
4 receive notices provided for or permitted under this Agreement include the following:
5 For the County:
Sheriff
6 County of Fresno— Sheriff's Office
2200 Fresno Street
7 Fresno, CA 93717
Phone: (559) 600-3121
8 Fax: (559) 600-1899
9 For the City of Fresno:
Police Chief
10 Fresno Police Department
2323 Mariposa
11 Fresno, CA 93717
Phone: (559) 621-2000
12 Fax: (559) 498-5168
13 3.2 Change of Contact Information. Either party may change the information in section
14 3.1 by giving notice as provided in section 3.3.
15 3.3 Method of Delivery. Each notice between the County and City provided for or
16 permitted under this Agreement must be in writing, state that it is a notice provided under this
17 Agreement, and be delivered either by personal service, by first-class United States mail, by an
18 overnight commercial courier service, by telephonic facsimile transmission, or by Portable
19 Document Format (PDF) document attached to an email.
20 (A) A notice delivered by personal service is effective upon service to the recipient.
21 (B) A notice delivered by first-class United States mail is effective three County
22 business days after deposit in the United States mail, postage prepaid, addressed to the
23 recipient.
24 (C)A notice delivered by an overnight commercial courier service is effective one
25 County business day after deposit with the overnight commercial courier service,
26 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
27 the recipient.
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Docusign Envelope ID:866941AC-1258-4C9D-B3AD-52DB3731EOCB
1 (D)A notice delivered by telephonic facsimile transmission or by PDF document
2 attached to an email is effective when transmission to the recipient is completed (but, if
3 such transmission is completed outside of County business hours, then such delivery is
4 deemed to be effective at the next beginning of a County business day), provided that
5 the sender maintains a machine record of the completed transmission.
6 3.4 Claims Presentation. For all claims arising from or related to this Agreement,
7 nothing in this Agreement establishes, waives, or modifies any claims presentation
8 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
9 of Title 1 of the Government Code, beginning with section 810).
10 Article 4
11 Indemnity
12 4.1 Indemnification.
13 (A) County shall indemnify, hold harmless and defend City and each of its officers,
14 officials, employees, agents and authorized volunteers from any and all loss, liability,
15 fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability,
16 including but not limited to personal injury, death at any time and property damage)
17 incurred by the City, County or any other person, and from any and all claims, demands
18 and actions in law or equity (including attorney's fees and litigation expenses), arising or
19 alleged to have arisen directly or indirectly from the negligent or intentional acts or
20 omissions, or willful misconduct of County or any of its officers, officials, employees,
21 agents or authorized volunteers in the performance of this Agreement; provided nothing
22 herein shall constitute a waiver by County of governmental immunities, including
23 California Government Code Section 810 et seq.
24 (B) City shall indemnify, hold harmless and defend County and each of its officers,
25 officials, employees, agents and authorized volunteers from any and all loss, liability,
26 fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability,
27 including but not limited to personal injury, death at any time and property damage)
28 incurred by City, County or any other person, and from any and all claims, demands and
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1 actions in law or equity (including attorney's fees and litigation expenses), arising or
2 alleged to have arisen directly or indirectly from the negligent or intentional acts or
3 omissions, or willful misconduct of City or any of its officers, officials, employees, agents
4 or authorized volunteers in the performance of this Agreement; provided nothing herein
5 shall constitute a waiver by City of governmental immunities, including California
6 Government Code Section 810 et seq.
7 (C) In the event of concurrent negligence on the part of County or any of its officers,
8 officials, employees, agents or authorized volunteers, and City or any of its officers,
9 officials, employees, agents or authorized volunteers, the liability for any and all such
10 claims, demands and actions in law or equity for such losses, fines, penalties,
11 forfeitures, costs and damages shall be apportioned under the State of California's
12 theory of comparative negligence as presently established, or as may be modified
13 hereafter.
14 4.2 Survival. This Article 4 survives the termination of this Agreement.
15 Article 5
16 Insurance
17 5.1 Without limiting the indemnification duties of each party as stated in Section 4.1
18 herein, it is understood and agreed that City and County shall each maintain, at their sole
19 expense, insurance policies or self-insurance programs including, but not limited to, an
20 insurance pooling arrangement and/or Joint Powers Agreement to fund their respective liabilities
21 throughout the term of this Agreement. Coverage shall be provided for general liability,
22 automobile liability, and workers' compensation exposure. Evidence of Insurance, e.g.,
23 Certificates of Insurance or other similar documentation, shall not be required of either party
24 under this Agreement.
25 Article 6
26 General Terms
27 6.1 Modification. Any matter of this Agreement may be modified from time to time by
28 the written mutual agreement of the parties hereto without, in any way, affecting the remainder.
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1 6.2 Non-Assignment. Neither party shall assign, transfer or sub-contract their rights or
2 duties under this Agreement without the prior written consent of the other party.
3 6.3 Governing Law and Venue. Venue for any action arising out of or relating to this
4 Agreement shall only be in Fresno County, California. The rights and obligations of the parties
5 and all interpretation and performance of this Agreement shall be governed in all respects by
6 the laws of the State of California.
7 6.4 Severability. The provisions of this Agreement are severable. The invalidity, or
8 unenforceability of any one provision in this Agreement shall not affect the other provisions.
9 6.5 No Third-Party Beneficiaries. The rights, interests, duties and obligations defined
10 within this Agreement are intended for the specific parties hereto, as identified in the preamble
11 of this Agreement. It is not intended that any rights or interests in this Agreement benefit or flow
12 to the interest of any third parties.
13 6.6 Construction. The final form of this Agreement is the result of the parties' combined
14 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
15 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
16 against either party.
17 6.7 Days. Unless otherwise specified, "days" means calendar days.
18 6.8 Headings. The headings and section titles in this Agreement are for convenience
19 only and are not part of this Agreement.
20 6.9 Nondiscrimination. During the performance of this Agreement, City and County
21 shall not unlawfully discriminate against any employee or applicant for employment, or recipient
22 of services, because of race, religious creed, color, national origin, ancestry, physical disability,
23 mental disability, medical condition, genetic information, marital status, sex, gender, gender
24 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
25 all applicable State of California and federal statutes and regulation.
26 6.10 Authorized Signature. The City represents and warrants to the County that:
27 (A) The City is duly authorized and empowered to sign and perform its obligations
28 under this Agreement.
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1 (B) The individual signing this Agreement on behalf of the City is duly authorized to
2 do so and his or her signature on this Agreement legally binds the City to the terms of
3 this Agreement.
4 6.11 Electronic Signatures. The parties agree that this Agreement may be executed by
5 electronic signature as provided in this section.
6 (A) An "electronic signature" means any symbol or process intended by an individual
7 signing this Agreement to represent their signature, including but not limited to (1) a
8 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
9 electronically scanned and transmitted (for example by PDF document) version of an
10 original handwritten signature.
11 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
12 equivalent to a valid original handwritten signature of the person signing this Agreement
13 for all purposes, including but not limited to evidentiary proof in any administrative or
14 judicial proceeding, and (2) has the same force and effect as the valid original
15 handwritten signature of that person.
16 (C)The provisions of this section satisfy the requirements of Civil Code section
17 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
18 Part 2, Title 2.5, beginning with section 1633.1).
19 (D) Each party using a digital signature represents that it has undertaken and
20 satisfied the requirements of Government Code section 16.5, subdivision (a),
21 paragraphs (1) through (5), and agrees that each other party may rely upon that
22 representation.
23 (E) This Agreement is not conditioned upon the parties conducting the transactions
24 under it by electronic means and either party may sign this Agreement with an original
25 handwritten signature.
26 6.12 Counterparts. This Agreement may be signed in counterparts, each of which is an
27 original, and all of which together constitute this Agreement.
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1 6.13 Entire Agreement. This Agreement constitutes the entire agreement between the
2 City and County with respect to the subject matter hereof, and supersedes all previous
3 negotiations, proposals, commitments, writings, advertisements, publications, agreements, and
4 understandings of any nature whatsoever, whether written or oral, unless expressly included in
5 this Agreement.
6 [SIGNATURE PAGE FOLLOWS]
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Docusign Envelope ID:866941 AC-1 258-4C9D-B3AD-52DB3731 EOCB
1 The parties are signing this Agreement on the date stated in the introductory clause.
2
CITY OF FRESNO COUNTY OF FRESNO
3
Signed by:
4 lit itn �aSfb E=��'
7/21/2025
5 Min y asto, hief of Police Ernest Buddy Men RCha�irman�the
Fresno Police Department Board of Supervisors of the County of Fresno
6
Attest:
7 Approved As To Form: Bernice E. Seidel
Andrew Janz Clerk of the Board of Supervisors
8 City Attorney County of Fresno, State of California
ed by:
A"JA.,-
9 By:F1" Sub 7/21/2025 By:
10 Date
Deputy City Attorney Deputy
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12 Attest:
TODD STERMER, MMC
13 City Clerk
Docu Signed by:
14 7/22/2025
By: 5,ocu Gf blaV
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Deputy
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24 For accounting use only:
25 Org No.: 31113301
Account No.: 4841
26 Fund No.: 0001
Subclass No.: 10000
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Docusign Envelope ID:866941AC-1258-4C9D-B3AD-52DB3731EOCB
1 Exhibit A
2 License Fees
3 City agrees to pay license fees to the County for the use of the Facility Office for the
4 Program each quarter according to the following schedule:
5
6 Date Total QuaFeey License Total Annual License Fee
7 July 1, 2025—June 30, 2026 $5,000.00 $20,000.00
July 1, 2026—June 30, 2027 $5,000.00 $20,000.00
8 July 1, 2027—June 30, 2028 $5,000.00 $20,000.00
July 1, 2028—June 30, 2029* $5,000.00 $20,000.00
9 July 1, 2029—June 30, 2030* 1 $5,000.00 $20,000.00
10 *Assuming the two, one-year extensions are exercised.
11 For each Fiscal Year, the City will pay to the County(through the Sheriff's Office) a total of$20,000
12 license fees per year.
13 1. July—September payment due in October- $5,000
14 2. October— December payment due in January-$5,000
15 3. January— March payment due in April -$5,000
16 4. April —June payment due in July-$5,000
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