HomeMy WebLinkAboutAgreement A-20-101 with Fig Garden.pdfAgreement No . 20-101
1 AGREEMENT
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3 THIS AGREEMENT is made and entered into this 10th day of March, 2020, by and between the
4 COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as
5 "COUNTY", and FIG GARDEN POLICE PROTECTION DISTRICT (FGPPD), a police protection district
6 formed pursuant to Health and Safety code section 20300 et seq., whose address is PO Box 5932, Fresno,
7 CA 93755, hereinafter referred to as "DISTRICT." COUNTY and DISTRICT may be collectively referred to
8 herein as "Parties" or in the singular as "Party."
9 W I T N E S S E T H:
10 WHEREAS, DISTRICT desires to secure law enforcement services from COUNTY, through the
11 Fresno County Sheriff's Office, within DISTRICT's boundaries; and
12 WHEREAS, COUNTY agrees to render such law enforcement services within DISTRICT's
13 boundaries according to the terms and conditions hereinafter set forth , and DISTRICT agrees to pay
14 COUNTY the cost of performing such services at the rates and under the terms and conditions herein set
15 forth.
16 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
17 contained, the parties hereto agree as follows:
18 1. SERVICES PROVIDED BY COUNTY
19 A. General Law Enforcement Services: COUNTY agrees its Sheriff's Office, or its
20 designee ("Sheriff's Office"), will provide, within the limitations of this Agreement, law enforcement
21 services consisting of two full-time equivalent Deputy Sheriff Officers (assigned to Area 2 -to include
22 FGPPD) as set forth in Exhibit A, attached hereto and incorporated herein by this reference, for a
23 minimum of 1,691 hours and a maximum of 3,382 hours for each Fiscal Year during the term of this
24 Agreement, (from July 1, 2019 to June 30, 2020 for the first Fiscal Year, from July 1, 2020 to June 30 ,
25 2021 for the second Fiscal Year, and from July 1, 2021 to June 30, 2022 for the third Fiscal
26 Year)(charged at the "Regular" rate, as outlined in Exhibit A), unless the total number of hours is
27 increased pursuant to Section 4 hereof. In addition, the Parties agree that, should the Sheriff's Office
28 determine that additional hours of General Law Enforcement Services beyond the minimum service
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1 level stated above are appropriate and should Sheriff's Office determine COUNTY has sufficient 2 resources to do so, County's Sheriff, or his or her designee ("Sheriff'), will provide overtime law 3 enforcement services ("Overtime General Law Enforcement Services"), as outlined in Exhibit A, in an 4 amount not to exceed 1,560 hours during the term of this Agreement (charged at the "Overtime" rate, as 5 outlined in Exhibit A). The law enforcement services provided to DISTRICT shall be services of the type 6 customarily provided by COUNTY's Sheriff within the unincorporated territories of COUNTY and may 7 include, as determined by COUNTY, enforcement of ordinances of the type customarily enforced by the 8 Sheriff's Office within the unincorporated territories of the COUNTY and additional services unique to 9 DISTRICT such as traffic accident investigations. Duties to be performed by the Deputy Sheriffs 10 includes Calls for Service, Self-initiated Activity, and Directed Activity. These services are delivered by 11 personnel from the Sheriff's Patrol Bureau in both uniform and non-uniform assignments providing 12 preliminary and investigative follow up to DISTRICT law enforcement functions. The Sheriff's Office has 13 and retains sole discretion in deciding all aspects of the manner in which General Law Enforcement are 14 provided, as well as the days and hours such law enforcement services will be provided, during the term 15 of this Agreement. 16 B. As part of its provision of General Law Enforcement Services discussed in 17 Section 1.A., the Sheriff shall provide 24-hour law enforcement dispatching/9-1-1 primary answering 18 services to DISTRICT and may, at the sole discretion of the Sheriff, provide specialized services and 19 functions within DISTRICT, as resources permit. Such specialized services and functions may include 20 services related to the following: Homicide, Juvenile, Narcotics, SWAT, Search and Rescue, and 21 Explosive Ordinance Disposal. 22 C. Special Events Services: DISTRICT acknowledges, agrees, and represents that 23 DISTRICT events that require law enforcement services which occurs or take place outside of normal 24 district operations and hours, and are part of some scheduled event, are not included in the General 25 Law Enforcement Services set forth in 1.A or 1.8. and are instead "Special Events Service(s)." 26 DISTRICT shall notify the Sheriff's Office at least thirty (30) days in advance of the need for any such 27 Special Events Service(s) if and when DISTRICT desires COUNTY to provide law enforcement services 28 at such an event. In the event COUNTY provides Special Events Service(s), which is to be determined -2-
1 by the Sheriff's Office, such services will be provided as agreeable between COUNTY and DISTRICT. 2 The Sheriff's Office, acting on behalf of COUNTY, is authorized to agree to provide some or all, to or 3 decline to provide any, of the Special Events Service(s) requested by DISTRICT. Special Events 4 Service(s) are chargeable to DISTRICT at the rates identified in Exhibit A 5 D. The performance of General Law Enforcement Services, Overtime General Law 6 Enforcement Services, and Special Event Services, including the standards of performance, the 7 discipline of officers, and all other matters incident to the performance of law enforcement services and 8 the control of law enforcement personnel, shall be the right and responsibility of COUNTY. In the case of 9 dispute between the Parties as to the extent, duties, or functions to be rendered under this Agreement, 10 or the minimum level or manner of such performance of such services, the determination made by 11 COUNTY, through its Sheriff's Office shall be final and conclusive. 12 E. All contracted hours, whether General Law Enforcement Services, Overtime 13 General Law Enforcement Services or Special Event Services, shall be accounted for by Sheriff 14 Communication Center computer summaries or written logs. A monthly report of contracted hours shall 15 be provided to DISTRICT for review. 16 2. TERM --17 The term of this Agreement shall be for a period of three (3) years, commencing on July 1, 2019 18 through and including June 30, 2022. This Agreement may be extended for two (2) additional consecutive 19 twelve ( 12) month periods upon written approval of both parties no later than thirty (30) days prior to the first 20 day of the next twelve (12) month extension period. The Sheriff is authorized to execute such written 21 approval on behalf of COUNTY based on DISTRICT's satisfactory performance of its obligations 22 hereunder. 23 3. TERMINATION 24 A Non-Allocation of Funds -The terms of this Agreement, and the services to be provided 25 hereunder, are contingent on the approval of funds by the appropriating government agency. Should 26 sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated, at 27 any time by giving DISTRICT thirty (30) days advance written notice. 28 B. Breach of Contract -COUNTY may immediately suspend or terminate this Agreement in -3-
1 whole or in part, where in the determination of COUNTY there is: 2 3 4 5 6 7 8 9 1) 2) An illegal or improper use of funds; A failure to comply with any term of this Agreement; 3) A substantially incorrect or incomplete report submitted to COUNTY; 4) Any delay in payment by DISTRICT. C. Without Cause -Under circumstances other than those set forth above, this Agreement may be terminated, for any reason or no reason, by COUNTY upon the giving of thirty (30) days advance written notice of an intention to terminate to DISTRICT. 4. COMPENSATION/INVOICING: 1 O A. DISTRICT shall pay COUNTY the cost of performing General Law Enforcement 11 Services, as set forth in Section 1.A, above, at the applicable rate for such services as outlined in Exhibit A. 12 DISTRICT will compensate COUNTY for a total of 3,382 hours of General Law Enforcement Services for 13 each Fiscal Year, to be paid over twelve payments of two-hundred-eighty two (282) hours per payment 14 each Fiscal Year, during the term of this Agreement. This maximum number (3,382) of total hours of 15 General Law Enforcement Services for the Fiscal Year outlined in Section 1. A. may be changed before the 16 beginning of the Fiscal Year, upon written approval by the Sheriff's Office on behalf of COUNTY and 17 DISTRICT no later than thirty (30) days prior to the beginning of that Fiscal Year. In addition, DISTRICT 18 shall pay COUNTY for additional Overtime General Law Enforcement Services, as outlined in Section 1.A, 19 but not to exceed 1560 hours each Fiscal Year, and for Special Events Service(s), as set forth in Section 20 1.C, above, as agreed upon by COUNTY and DISTRICT, at the applicable rate for such services as 21 discussed in this Agreement and Exhibit A. 22 B. As indicated in Exhibit A, the hourly rates to be charged by COUNTY, and subsequently 23 paid by DISTRICT, are the rates set forth in the County's Master Schedule of Fees, Charges, and 24 Recovered Costs, Section 2609, subdivision (a), for Regular (i.e., General Law Enforcement Services) and 25 Overtime (i.e., Special Law Enforcement Services and Overtime General Law Enforcement Services) rates, 26 in place at the time the services are provided. The Parties agree that if and when the Master of Schedule of 27 Fees, Charges, and Recovered Costs, Section 2609, subdivision (a), is amended, changed, or revised, in 28 any way that changes the rates being charged for the services identified in this Agreement, that the new -4-
1 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 rates will be charged by COUNTY, and paid by DISTRICT, for any services provided pursuant to this Agreement and Exhibit A, from the date of the amendment, change, or revision, going forward. The Parties further agree that if and when the Master of Schedule of Fees, Charges and Recovered Costs is amended, changed, or revised, in any way that changes the rates being charged for the services identified in this Agreement and Exhibit A, such amended, changed, or revised rate will automatically and without any notice to DISTRICT be incorporated into this Agreement and Exhibit A, replacing any contrary or conflicting rate, from the effective date of the amendment, change, or revision in the rate(s), and will become the new rate to be paid by DISTRICT to COUNTY for services provided, from the effective date of the rate change forward. The parties acknowledge that the County's Master Schedule of Fees, Charges, and Recovered Costs is subject to change. C. COUNTY shall submit monthly invoices to DISTRICT and DISTRICT shall pay COUNTY within thirty (30) calendar days of receipt of any such invoice. At the end of each Fiscal Year, or the expiration or termination of this Agreement, COUNTY may, in the discretion of Sheriff, submit a final invoice for all amounts then unpaid, including, but not limited to, any remaining, unpaid portion of the 3,382 hours allocated, or the maximum number of hours allocated if the hours have been increased pursuant to this Section 4, for that Fiscal Year of General Law Enforcement Services, as discussed in Section 1.A, and DISTRICT shall pay the full amount of this final invoice within thirty (30) days of receipt thereof. Any payment made more than thirty (30) days after receipt of an invoice may result in contract termination or service reduction, in the sole discretion of the Sheriff's Office, without any penalty or recourse against COUNTY. 5. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by COUNTY under this Agreement, it is mutually understood and agreed that COUNTY, including any and all of COUNTY's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of DISTRICT. Furthermore, DISTRICT shall have no right to control or supervise or direct the manner or method by which COUNTY shall perform its work and function. However, DISTRICT shall retain the right to administer this Agreement so as to verify that COUNTY is performing its obligations in accordance with the terms and conditions thereof. -5-
1 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 DISCTRICT 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. The Parties shall be solely liable and responsible for providing to, or on behalf of, their employees all legally-required employee benefits. In addition, the Parties shall be solely responsible and save the other Party harmless from all matters relating to payment of each Party's employees, including compliance with Social Security withholding and all other regulations governing such matters. 6. MODIFICATION: Any matters of this Agreement may be modified from time to time by the written consent of all the Parties without, in any way, affecting the remainder. 7. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the prior written consent of the other Party. 8. HOLD HARMLESS: DISTRICT agrees to indemnify, save, hold harmless, and at COUNTY's request, defend COUNTY, its officers, agents, and employees from any and all costs and expenses (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by DISTRICT, its officers, agents, or employees under this Agreement, and from any and all costs and expenses (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of DISTRICT, its officers, agents, or employees under this Agreement. COUNTY agrees to indemnify, save, hold harmless, and at DISTRICT's request, defend DISTRICT, its officers, agents and employees from any and all costs and expenses (including attorney's fees and cost), damages, liabilities, claims, and losses occurring or resulting to DISTRICT in connection with the performance, or failure to perform by COUNTY, its officers, agent, or employees under this Agreement, and from any and all costs and expenses (including attorney's fees and cost), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of COUNTY, its officers, agents, or employees under this Agreement. 9. INSURANCE Without limiting the COUNTY's right to obtain indemnification from DISTRICT or any third parties, -6-
1 DISTRICT, at its sole expense, shall maintain in full force and effect, the following insurance policies or a 2 program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers 3 Agreement (JPA) throughout the term of the Agreement, as applicable. 4 A. Commercial General Liability 5 Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) 6 per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued 7 on a per occurrence basis. COUNTY may require specific coverages including completed operations, 8 products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability 9 insurance deemed necessary because of the nature of this Agreement. 10 B. Automobile Liability 11 Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars 12 ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any 13 automobiles used in connection with this Agreement. 14 C. Professional Liability 15 If DISTRICT employs licensed professional staff, (e.g., Ph.D., RN., L.C.S.W., M.F.C.C.) in providing 16 services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per 17 occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. 18 D. Worker's Compensation 19 A policy of Worker's Compensation insurance as may be required by the California Labor Code. 20 E. Additional Requirements Relating to Insurance 21 DISTRICT shall obtain endorsements to the Commercial General Liability insurance naming the 22 County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, 23 but only insofar as the operations under this Agreement are concerned. Such coverage for additional 24 insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by 25 COUNTY, its officers, agents and employees shall be excess only and not contributing with the primary 26 insurance provided under DISTRICT's policies herein. This insurance shall not be cancelled or changed 27 without a minimum of thirty (30) days advance written notice given to COUNTY. 28 DISTRICT hereby waives its right to recover from COUNTY, its officers, agents, and employees any -7-
1 amounts paid by the policy of worker's compensation insurance required by this Agreement. DISTRICT is 2 solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such 3 waiver of subrogation, but DISTRICT's waiver of subrogation under this paragraph is effective whether or 4 not DISTRICT obtains such an endorsement. 5 Within thirty (30) days from the date DISTRICT signs and executes this Agreement, DISTRICT shall 6 provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as 7 required herein, to the County of Fresno, Sheriffs Office, 2200 Fresno Street, Fresno, CA 93721, stating 8 that such insurance coverage have been obtained and are in full force; that the County of Fresno, its 9 officers, agents and employees will not be responsible for any premiums on the policies; that for such 10 worker's compensation insurance DISTRICT has waived its right to recover from COUNTY, its officers, 11 agents and employees any amounts paid under the insurance policy and that waiver does not invalidate the 12 insurance policy; that such Commercial General Liability insurance names the County of Fresno, its 13 officers, agents and employees, individually and collectively, as additional insured, but only insofar as the 14 operations under this Agreement are concerned; that such coverage for additional insured shall apply as 15 primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents 16 and employees, shall be excess only and not contributing with insurance provided under DISTRICT's 17 policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) 18 days advance, written notice to COUNTY. 19 In the event DISTRICT fails to keep in effect at all times insurance coverage as herein provided, 20 COUNTY may, in addition to other remedies it may have, suspend or terminate this Agreement upon the 21 occurrence of such event. 22 All policies shall be issued by admitted insurers licensed to do business in the State of California, 23 and such insurance shall be purchased from companies possessing a current AM. Best, Inc. rating of A 24 FSC VII or better. 25 10. AUDITS AND INSPECTIONS: DISTRICT shall at any time during business hours, and as 26 often as COUNTY may deem necessary, make available to COUNTY for examination all of its records and 27 data with respect to the matters covered by this Agreement. DISTRICT shall, upon request by COUNTY, 28 permit COUNTY to audit and inspect all of such records and data necessary to ensure DISTRICT's -8-
1 compliance with the terms of this Agreement. 2 If this Agreement exceeds ten thousand dollars ($10,000.00), COUNTY and DISTRICT shall be 3 subject to the examination and audit of the Auditor General for a period of three (3) years after final 4 payment under contract (Government Code Section 8546.7). 5 11. NOTICES: The persons and their addresses having authority to give and receive notices 6 under this Agreement include the following: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY COUNTY OF FRESNO Sheriff-Coroner-Public Administrator 2200 Fresno Street Fresno, CA 93721 Attention: Business Office FAX No.: 559-488-3699 DISTRICT Fig Garden Protection District P.O. Box 5932 Fresno, CA 93755 Attention: Dean Alexander PHONE No.: 559-225-9088 All notices oetween COUNTY and DISTRICT 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 transmission. A notice delivered by personal service is effective upon service to the recipient. A notice delivered by first-class United States mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the next beginning of a COUNTY business day), provided that the sender maintains a machine record of the completed transmission. For all claims arising out of or related to this Agreement, nothing in this section establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810). 12. GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall only be in Fresno County, California. -9-
1 The rights and obligations of the parties and all interpretation and performance of this Agreement 2 shall be governed in all respects by the laws of the State of California. 3 13. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the 4 DISTRICT and COUNTY with respect to the subject matter hereof and supersedes all previous Agreement 5 negotiations, proposals, commitments, writings, advertisements, publications, and understanding of any 6 nature whatsoever unless expressly included in this Agreement. 7 14. COUNTERPARTS: This Agreement may be executed in any number of counterparts, each 8 of which shall be deemed an original, but all of which together shall constitute one and the same 9 Agreement, binding on the Parties according to its terms and conditions. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -10-
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written .
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Board Member, Dean Alexander
12 P .O . Box 5932
Fresno , CA 93755
13 Mailing Address
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ORG :
Account:
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Subclass:
31113219
4975
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10000
COUNTY OF FRESNO
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Board of Supervisors of the County of
Fresno
ATTEST:
Bernice E . Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
Fig Garden Police Protection District
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1 Fig Garden Police Protection District 2 3 Sheriff-Coroner-Public Administrator, County of Fresno 4 "Exhibit A" 5 I. General Law Enforcement Services: 6 DISTRICT agrees to pay COUNTY for providing General Law Enforcement Services and Overtime General 7 Law Enforcement Services under Sections 1.A and 4 of the Agreement, as follows: 8 As indicated in Section 1.A of the Agreement, COUNTY will provide two Deputy Sheriffs, at the then current 9 rate (i.e. the rate listed at the time the service is provided) listed in the Master Schedules of Fees Charges, 10 and Recovered Costs, Section 2609, subdivision (a), for the Deputy Sheriff Ill at the "Regular'' hourly rate, 11 per hour, per Deputy Sheriff, for a total of 3382 hours per Fiscal Year. As further indicated in Section 1.A of 12 the Agreement, COUNTY may provide additional Overtime General Law Enforcement Services, but in no 13 event more than 1560 hours worth, at the then current rate (i.e. the rate listed at the time the services is 14 provided) in the Master Schedule of Fees, Charges, and Recovered Codes, Section 2609, subdivision (a), 15 for the Deputy Sheriff Ill at the "Overtime" hourly rate, per hour, per Deputy Sheriff. DISTRICT 16 acknowledges that these rates are subject to change, as discussed in the Agreement. The total amount of 17 the General Law Enforcement Services and Overtime General Law Enforcement Services to be provided 18 and paid for, and the manner of invoicing, is described in the Agreement. 19 II. Special Events Services 20 DISTRICT agrees to pay COUNTY for providing Special Event Service(s), under Sections 1.C and 4 of the 21 Agreement, as follows: 22 At the then current rate (i.e. the rate listed at the time the service is provided) in the Master Schedule of 23 Fees, Charges, and Recovered Codes, Section 2609, subdivision (a), for the Deputy Sheriff Ill at the 24 "Overtime" hourly rate, per hour, per Deputy Sheriff, and DISTRICT acknowledges that these rates are 25 subject to change, as discussed in the Agreement. Invoicing provisions are as per the invoicing provisions 26 in the Agreement. 27 28 -12-