HomeMy WebLinkAbout32209Agreement No. 15-371
1 AGREEMENT
2 THIS AGREEMENT is made and entered into this 11th day of August , 2015 by
3 and between the COUNTY OF FRESNO, a political subdivision of the State of
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California, hereinafter referred to as "COUNTY", and the CITY OF SAN JOAQUIN, a
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California municipal corporation, hereinafter referred to as "CITY''.
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WITNESSETH:
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WHEREAS, CITY desires to secure general law enforcement services from the
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COUNTY, through the Fresno County Sheriffs Office, and
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WHEREAS, COUNTY agrees to render such law enforcement services by and
through its Sheriffs Office ("Sheriff'), and City. agrees to pay to COUNTY the cost of
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12 perfonning such services under the terms and conditions set forth below.
13 NOW, THEREFORE, in consideration of their mutual covenants and conditions,
the parties hereto agree as follows: .14
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OBLIGATIONS OF COUNTY
A. COUNTY agrees, through its Sheriff, to provide within the limitations of
this contract general law enforcement services within· the corporate limits of
. CITY as they now exist, or as such li~Vits may be modified by annexation or
exclusion, pursuant to the tenns of this Agreement If the modification requires
a rate adjustment in the sole discretion of the Sheriff, such rate adjustment s_hall
become effective 30 days after w~itten notice is given to CITY by the Sheriff.
B. The law enforcement services to be provided by the Sheriff and
furnished to CITY hereunder shall be services of the type customarily provided
by the Sheriff within the unincorporated territory of COUNTY; and may include,
as detennined by the Sheriff, enforcement of ordinances of the type customarily
enforced by the Sheriff within the unincorporated territory of COUNTY; and
such additional services unique to CITY as traffic accident investigation and
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enforcement as the Sheriff determines necessary. Law enforcement functions
to be rendered include Calls for Service, Self-initiated Activity and Directed
3 Activity. These services are delivered by Patrol Bureau personnel in both
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uniform and non-uniform assignments providing preliminary and investigative
follow up to CITY law enforcement functions.
C. COUNTY agrees, through the Sheriff, to exercise law enforcement
functions within CITY at a minimum service of thirty (30) hours per week for
fifty-two (52) weeks. The Sheriff has and retains discretion in deciding when
the days and hours of service are provided each and every calendar work
week. Should CITY desire a service level above the minimum service level,
the Sheriff shall provide the additional service level, pursuant to the terms of
this agreement, upon written request of CITY. Contracted hours shall be
summarized by Communication Center computer summaries or written logs to
account for contracted time. A general information monthly report will be
provided to CITY for review.
D. CITY agrees that the special events and patrol overtime which it
authorizes by permit and/or board action within CITY are not included in the
minimum service level and are extraordinary with regard to this Agreement.
Should such events require the Sheriff, in his/her determination, to summon
additional personnel to meet basic public concerns, such costs for the event are
chargeable to CITY and payable 30 days from the invoice date at the special
event rate set forth in Exhibit "A," which is attached hereto and incorporated
herein by reference. Should the Sheriff have to resolve a riot and/or other
unlawful assembly or disturbance resulting from said special event, the services
are chargeable to CITY and payable in like manner. CITY shall compensate
COUNTY for a minimum of 30 hours of special events and patrol overtime
services per calendar week each calendar week of the year.
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II.
E. The Sheriff shall also provide 24-hour law enforcement dispatching/9-1-1
primary answering services. The Sheriff shall also, unless indicated in this
Agreement, absorb all court/administrative hearing time associated with basic
law enforcement functions to CITY. The Sheriff, in her sole discretion, may also
provide specialized services and functions within CITY as resources permit.
Such functions/units may include: Homicide, Juvenile, Narcotics, SWAT,
Search and Rescue, and Explosive Ordinance Disposal.·
F. The rendition of contract services, the standards of performance, the
discipline of officers, and other matters incident to the performance of such
services and the control of personnel so employed, shall remain in COUNTY.
In the event of dispute between the parties as to the extent and duties and
functions to be rendered under this Agreement, or the minimum level or manner
of such performance of such services, the determination made by the Sheriff
shall be final and conclusive.
G. The Sheriff shall be designated as the Chief of Police of the CITY at all
times during the term of this Agreement. The Sheriff shall appoint or designate
a Deputy to provide liaison with CITY Manager and other officers of CITY.
COMPENSATION/INVOICING
A. CITY shall pay COUNTY the cost of performing policing services under this
Agreement at the rates set forth in Exhibit "A." The rates set forth in Exhibit "A"
reflect the current hourly rates for services of a Deputy Sheriff as provided for in
the COUNTY's Master Schedule of Fees. The parties agree that upon thirty
(30) days written notice from the Sheriff to CITY of a revision to the hourly rates
for services of a Deputy Sheriff as provided for in the COUNTY's Master
Schedule of Fees, such rate change shall automatically be incorporated into
this Agreement.
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Ill.
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15 IV.
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v.
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B. COUNTY shall submit monthly invoices to CITY for minimum service
levels and/or service levels provided under the additional hours of coverage
option, and shall submit separate invoices as often as necessary with regard to
special event or other extraordinary costs. COUNTY shall submit an invoice to
CITY within fifteen (15) days of the end of each month for the previous month's
charges. CITY shall pay COUNTY within thirty (30) days of receipt of invoice.
Any payment made more than 30 days after receipt of the invoice may result in
contract termination or service reduction, in the sole discretion of the Sheriff,
without penalty or recourse against COUNTY.
OTHER SOURCES OF FUNDS
CITY agrees that any State or Federal funding, grants or forfeitures that the
Sheriff or COUNTY may obtain shall not offset the compensation due under this
Agreement. For purposes of disposition of Fines and Forfeitures pursuant to
Penal Code 1463 et seq. only, the Sheriffs Deputies performing services under
this Agreement shall be employees of the CITY.
TERM
This Agreement shall be effective from the 1st day of July, 2015 and shall
terminate on the 301h day of June, 2016, unless and until terminated earlier by
either party pursuant to section V of this Agreement.
TERMINATION
A. Non-Allocation of Funds -The terms of this Agreement, and the services to
be provided thereunder, are contingent on the approval of funds by the
appropriating government agency. Should sufficient funds not be allocated, the
services provided may be modified, or this Agreement terminated, at any time by
giving the other party thirty (30) days advance written notice.
B. Breach of Contract-Either party may immediately suspend or terminate
this Agreement in whole or in part, upon written notice to the other party, for any
breach of this Agreement.
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C. Without Cause -Under circumstances other than those set forth above,
this Agreement may be terminated by either party upon the giving of thirty (30)
days advance written notice of an intention to terminate to the other party.
INDEPENDENT CONTRACTOR
In performance of the work, duties and obligations assumed by COUNTY under
this Agreement, it is mutually understood and agreed that the COUNTY, including
any and all of the 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 the CITY, except as set forth above in Section Ill
of this Agreement. Furthermore, CITY shall have no right to control or supervise or
direct the manner or method by which COUNTY shall perform its work and
function. However, CITY 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. COUNTY and CITY 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.
COUNTY shall be solely liable and responsible for providing to, or on behalf of, its
employees all legally required employee benefits. In addition, COUNTY shall be
solely responsible and save CITY harmless from all matters relating to payment of
COUNTY's employees, including compliance with Social Security, withholding,
and all other regulations governing such matters.
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.
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.
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IX.
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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 expenses, damages, liabilities, claims, and losses occurring or resulting to
COUNTY in 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, 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 CITY, its officers, agents, or
employees under this Agreement.
COUNTY agrees to indemnify, save, hold harmless, and at CITY's request,
defend the CITY, its officers, agents, and employees from any and all costs and
expenses, damages, liabilities, claims, and losses occurring or resulting to CITY
in connection with the performance, or failure to perform, by COUNTY, its
officers, agents, or employees under this Agreement, and from any and all
costs and expenses, 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.
AUDITS AND INSPECTIONS
COUNTY shall at any time during business hours, and as often as the CITY
may deem necessary, make available to the CITY for examination all of its
records and data with respect to the matters covered by this Agreement.
COUNTY shall, upon request by CITY, permit CITY to audit and inspect all of
such records and data necessary to ensure COUNTY's compliance with the
terms of this Agreement.
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5 XI.
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15 XII.
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XII.
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If this Agreement exceeds Ten Thousand and no/100 Dollars ($10,000.00),
COUNTY shall be subject to the examination and audit of the State Auditor for a
period of three (3) years after final payment pursuant to Government Code
Section 8546.7.
NOTICES
The persons and their addresses having authority to give and receive notices
under this Agreement include the following:
Fresno County Sheriff
P.O. Box 1788
Fresno, CA 93717
Attn: Business Office
City of San Joaquin
P.O. Box 758
San Joaquin 93660
Attn: Chad McMullen
Any and all notices between COUNTY and CITY provided for under this
Agreement shall be in writing and shall be deemed duly served when personally
delivered to one of the parties, or in lieu of such personal service, when
deposited in the United States Mail, postage prepaid, addressed to such party.
GOVERNING LAW
Venue for any action arising out of or relating to this Agreement shall only be in
Fresno County, California. The rights and obligations of the parties and all
interpretation and performance of this Agreement shall be governed in all
respects by the laws of the State of California.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the CITY and
COUNTY with respect to the subject matter hereof and supersedes all previous
negotiations, proposals, commitments, writings, advertisements, publications,
and understandings of any nature whatsoever, unless expressly included in this
Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first hereinabove written.
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6 Amarpreet Dhaliwal, Mayor
Print Name & Title
7 PO Box 758
8 1 ~s~a~n~J~o~a~u~i~n~~C~A~~9~3~6~6~0~--------
Address, City, Zip
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DATE: June 9 2015
FOR ACCOUNTING USE ONLY:
Fund No: 0001
Subclass: 10000
Org. No: 31113298
Account No: 4975
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Date: Gng . /I) af)/5
ATIEST:
BERNICE E. SEIDEL. Clerk
Board of Supervisors
By Su'3J>,o:Y (9A;>btrp
Deputy
REVIEWED & RECOMMENDED FOR APPROVAL
APPROVED AS TO ACCOUNTING FORM
trollerfTreasurer-Tax
APPROVED AS TO LEGAL FORM:
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'Exhibit A'
Fiscal Year 2015-16
I. Minimum Annual Service Level, Per Deputy
City of San Joaquin
Sheriff, County of Fresno
CITY agrees to pay COUNTY for providing minimum service levels of thirty (30)
8 hours a week for fifty-two (52) weeks from July 2015 to June 2016 at the current
overtime hourly rate of $54.94, per Deputy.
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COUNTY will invoice the CITY on a monthly basis for minimum services levels
in an amount that shall not exceed $7,142.20 ($85,707 /12 Months)
II. Special Events Levels
CITY agrees to pay COUNTY for providing special event service levels as
follows:
A. $54.94 Per hour, Per Deputy
Special Events will be billed as consumed.
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