HomeMy WebLinkAbout32127AGREEMENT NO.15-293
UNIVERSITY OF CALIFORNIA,DAVIS
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Agreement #EW-2015-08
Training Services Agreement
This Agreement is made this \^day of ISlaac.,£tQ\S by and between The
Regents of the University of California ("University"),on behalf of its Davis campus UC Davis
Extension and COUNTY OF FRESNO ("User").
RECITALS
WHEREAS,Universityisa publiceducationinstitutionaccreditedby the Western
Association of Schoolsand Colleges,and hasdevelopeda humanand socialservicestraining
program ("Program,")and
WHEREAS,User wishesto obtain major skills trainingcoursesfor User's personnel who
provide related services in fulfillment of their goals and objectives (Exhibit B);
NOW,THEREFORE,the parties agree as follows:
1.University shall present Program asset forth in Exhibit A and B,attached here to and by
this reference incorporated herein.
a. Limit on attendance. No more than 30 persons per course session may attend
without the prior written approval ofthe University.
b.Reschedule/cancel of class.If User reschedules or cancels any training class
within 10calendardaysof startdate,Usershallpay forall expenses incurred up
to the dateon which University receives notice ofthe reschedule or cancellation.
2.Term.Thetermof this Agreement shallbe from .Inly 1,2015 through June30,2016.
All courses must be completed by June 30, 2016.
3.Termination.Either party may terminate this Agreement by giving thirty (30)days'
written notice to the other party.
4.Alteration,Amendment.No alteration of the terms of this agreement shall be valid or
binding upon either party unless made in writing and signed by both parties.This
Agreement may be amended at any time by mutual agreement of the parties,expressed in
writing and signed by both parties.
Agreement #EW-2015-08
5.Fee &Payment.User shall pay University as set forth in Exhibit A,but in no event shall
User pay University more than $278,475 during the term of this Agreement.University
will invoice User in arrears no more often than monthly for training completed. User
shall pay University within thirty days (30)of User's receipt of University invoice.
Failure to pay within thirty days may be deemed a material breach of this Agreement and
good cause for termination.
6.Indemnification.Each party shall defend,indemnify and hold the other party,its officers,
employees and agents harmless from and against any and all liability,loss,expense
including reasonable attorneys'fees,or claims for injury or damages arising out of the
performance of this Agreement but only in proportion to and to the extent such liability,
loss,expense,attorneys'fees,or claims for injury or damages are caused by or result
from the negligent or intentional acts or omissions of the indemnifying party,its officers,
agents,or employees.
7.Insurance.University is self-insured under California law.University shall maintain this
program of self-insurance throughout the term of this Agreement with retentions as
follows:
a.General Liability (and professional liability)coverage with aper occurrence limit
of a minimum of one million dollars ($1,000,000).
b.Auto Liability including non-owned automobiles,with a minimums as follows:
1)Bodily injury
a) Per person $1,000,000
b) Per accident $1,000,000
2)Property damage $1,000,000
c.Workers Compensation insurance in accordance with California state law.
d.Employer's Liability coverage in the amount of one million dollars ($1,000,000).
If requested by User in writing University shall provide,upon receipt ofa fully-executed
Agreement,a Certificate of Self-Insurance naming User,its officers,agents,and
employees,individually and collectively as additional insured (except for Worker's
Compensation Insurance)for services provided under this Agreement.
Coverage shall apply as primary insurance and any other insurance or self-insurance
maintained by the User,its officers,agents,and employees should be excess only.This
insuranceshall not be canceledor changedwithouta minimum of thirty(30) days
advance,written notice given to User.
8. Confidentiality of information about individuals. University agrees to safeguardnames
and addresses of individuals received through the performance ofthis Agreement in
accordance with Welfare and Institution Code Section 10850.
9.Useof Universityname. Usershall not use the name of the Universityinany formor
manner in advertisements,reports or other information released to the public without the
priorwrittenapprovalof University.
Agreement #EW-2015-08
10.Relationship of parties.Itis expressly understood and agreed that this Agreement is not
intended and shall not be construed to create the relationship of agent, servant, employee,
partnership,joint venture or association between the parties.
11.Notice addresses. All notices under this Agreement shall be effective only if made in
writing and delivered by personal service orby mail and addressed as follows.Either
party may,by written notice to the other,change its own mailing address.
University:User:
Financial Services County of Fresno
UC Davis Extension Department of Social Services
1333 Research Park Drive PO Box 1912
Davis, CA 95618 Fresno, CA 93718-1912
Additional University:Additional County:
Center for Human Services (If Applicable)
UC Davis Extension
1632DaVinciCt
Davis,CA 95618
12.Forcemajeure. Inthe event that performance by a party is renderedimpossibleby reason
of strikes,lockouts,labor disputes,actsof God,governmental restrictions,regulations or
other causes beyond the reasonable control of that party,performance shall be excused
fora period commensurate withthe period of impossibility.
University isa land-grant institution with a mission of teaching,research,public service
and patient care,and itis required to recover the full cost of providing services to non-
University entities such as User,and asa non-profit entity,makes no profit.Therefore,
University does not have reserves from which topay for expenditures made on behalf of
User for which it is not reimbursed.In the event of a force majeure, User shall be
responsible for payment of all expenses incurred to the point at which University gives or
receives notice ofthe impossibility.Ifthe impossibility becomes permanent,University
willmake best effortsto cancel or mitigatealloutstandingfinancial commitments,and
User shall be responsible forthe cost of anyremaining obligations.
13.Assignment.This Agreement shall be binding upon the successors and assigns of the
parties.Neither party may assign the Agreement without the prior written permission of
the other party.
14.Nondiscrimination.University agrees not to discriminate inthe provision of service
under this agreement on the basis of race;color;religion;marital status;national origin;
ancestry;sex;sexual orientation;physical or mental handicap;medical condition;
political affiliation;status asa Vietnam-era veteran or disabled veteran;or,within the
limits imposed by law or University regulations,because of age or citizenship.
Agreement #EW-2015-08
University is an affirmative action/equal opportunity employer.
15.Conflictof Interest.The partiesto this Agreement havereadandare aware ofthe
provisions of Government Code section 1090 et seq.and section 87100 relating to
conflictof interest of public officersand employees.Universityrepresentsthat it is
unaware ofany financial or economic interest of any public officer of employee of User
relating tothis Agreement.Itis further understood and agreed thatif such a financial
interest doesexistat the inception ofthis Agreement,Usermay immediately terminate
this Agreement by giving written notice.
16.Waiverof Rights. No delayor failure of eitherparty in exercisinganyright, andno
partial or single exercise of any right,shall be deemed to constitute a waiver of that right
or any other right.
17.Headings.The headings andcaptionscontainedin this Agreementare for convenience
only,and shall be of no force or effect in construing and interpreting the provisions of
this Agreement.
18.Severability of Terms. In the event of any conflict between any provisions of this
Agreement and any applicable law,rule or regulation,this agreement shall be modified
only tothe extent necessary to eliminate the conflict and therestof the agreement shall
remain unchanged and in full force and effect.
19.Governing law.The laws of the State of California shall govern this Agreement.
20.Integrated agreement.This Agreement constitutes theentire understanding between the
parties respecting the subject matter contained herein and supersedes any and all prior
oral or written agreements regarding such subject matter.
Signature page follows:
APPROVED AS TO LEGAL FORM:
DANIEL C. CEDERBORG, COUNTY COUNSEL
APPROVED AS TO ACCOUNTING FORM:
VICKI CROW, C.P.A., AUDITOR-CONTROLLER/
TREASURER-TAX COLLECTOR
REVIEWED AND RECOMMENDED FOR APPROVAL:
Fund/Subclass: 0001110000
Organization: 56107005
Account/Program: 7295/0
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Agreement #EW-2015-08
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Agreement #EW-2015-08
EXHIBIT A
TRAINING PROGRAM
1. 60.00 Unit(s) of training in the subject areas selected by the agency from the UC Davis
Extension curriculum for Eligibility Workers.
2. 22.00 Unit(s) of training for Child Welfare Workers.
3. University will provide the following:
a. Needs assessment, curriculum planning and implementation.
b. Instructional and student services.
c. Instructional materials.
d. Evaluation and feedback.
e. Continuing education credit.
f. Off-site training site and audio-visual equipment when on-site facility and
equipment are not available. (Extra training units may be charged.)
g. Food and non-alcoholic beverages when requested by the User in writing. (Extra
training units may be charged.)
h. Any other items when requested by the User in writing and approved by
University. (Extra training units may be charged.)
4. User will provide the following:
a. Training facility and audio-visual equipment.
b. On-site coordination of training.
Total cost ofEW training under this agreement is
Total cost of CW training under this agreement is
University's in-kind contribution for EW training
University's in-kind contribution for CW training
User's share of cost for EW training
User's share of cost for CW training
$ 237,000.00
$ 86,900.00
$ 23,700.00
$ 21,725.00
$ 213,300.00
$ 65,175.00
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Agreement #EW-2015-08
EXHIBIT B
COUNTY OF FRESNO DEPARTMENT OF SOCIAL SERVICES
GOAL AND OBJECTIVES
County of Fresno, Department of Social Services (DSS) training needs in Eligibility and
Employment Services will focus on Customer Services, Project Management, Domestic
Violence and Substance Abuse, and Working Cooperatively. DSS training needs in Child
Welfare will focus on Permanency Planning, Documentation, and Domestic Violence and
Substance Abuse. The training in Fiscal Year 2015-16 will increase DSS staffs knowledge and
skills so that they may work more effectively with clients and other staff. As such, UC Davis
will be responsible for the following:
1. Provide training from 8:00a.m. to 5:00p.m. for DSS staff that will enhance their
understanding of their roles within DSS and how to effectively communicate with clients
and other staff.
2. Design training curriculums that will meet the needs ofDSS staff to optimize the use of
available resources.
3. Provide continuing training for experienced DSS staff that corresponds with changes in
program regulations.
4. Assist DSS Staff Development Training Unit with coordinating services and providing
information on continuing education credits.
5. Provide DSS with attendance rosters and evaluation outcomes in timely manner.
6. Provide and share with DSS "Best Practices" process and procedures from other counties.
7. Provide all requested program services information timely as required by DSS.
8. Provide·a maximum of 82.00 training days as specified in Exhibit A. At DSS' sole
discretion, DSS may elect to have training on site or off site. DSS shall only compensate
University for actual training giving on site or off site and University shall only invoice
accordingly.
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