HomeMy WebLinkAbout32222Agreement No. 15-374
1 AGREEMENT
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3 THIS AGREEMENT is made and entered into this 11th day of August , 2015 by
4 and between the COUNTY OF FRESNO ("COUNTY''), a political subdivision of the State of
5 California, and the FIG GARDEN POLICE PROTECTION DISTRICT ("DISTRICT"), a police
6 protection district formed pursuant to Health and Safety Code section 20300 et seq.
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8 RECITALS:
9 WHEREAS, DISTRICT desires to contract with COUNTY to provide law enforcement
10 services within DISTRICT's boundaries;
11 WHEREAS, COUNTY agrees to render such law enforcement services, by and through
12 its Sheriffs Office ("Sheriff'), and DISTRICT agrees to pay COUNTY the cost of performing
13 such services under the terms and conditions set forth below.
14 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the
15 parties hereto agree as follows:
16 1. OBLIGATIONS OF COUNTY
17 A. COUNTY's Sheriff shall provide law enforcement services within the ·
18 corporate limits of DISTRICT, as such limits now exist or as they may be modified by
19 annexation or exclusion.
20 B. The law enforcement services provided to DISTRICT shall be services of the
21 type customarily provided by COUNTY's Sheriff within the unincorporated territories of the
22 COUNTY and may include, as determined by COUNTY, enforcement of ordinances of the type
23 customarily enforced by the Sheriff within the unincorporated territories of the COUNTY and
24 additional services unique to DISTRICT such as traffic accident investigation. Law enforcement
25 services to be rendered include Calls for Service, Self-initiated Activity, and Directed Activity.
26 These services are delivered by personnel from Sheriffs Patrol Bureau in both uniform and non-
27 uniform assignments providing preliminary and investigative follow up to DISTRICT law
28 enforcement functions.
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Agreement Between County of Fresno and Fig Garden Protection District for LE Services. FY 2015-16
1 C. COUNTY's Sheriff shall provide law enforcement services within DISTRICT at
2 a minimum service level of two Deputy Sheriff's for 1 , 700 hours each during the term of this
3 Agreement, for a total of 3,400 hours of service. In addition, the parties agree that, should
4 COUNTY's Sheriff determine that additional hours of law enforcement service beyond the
5 minimum service level stated above are appropriate and should COUNTY Sheriffs determine they
6 have sufficient resources to do so, COUNTY's Sheriff will provide overtime law enforcement
7 services in an amount not to exceed 1 ,560 hours during the term of this Agreement. COUNTY
8 has and retains sole discretion in deciding the days and hours such law enforcement services will
9 be provided each and every calendar work week.
10 D. Contracted hours shall be accounted for by Sheriff Communication Center
11 computer summaries or written logs. A monthly report of contracted hours shall also be provided
12 to DISTRICT for review.
13 E. COUNTY's Sheriff shall provide 24-hour law enforcement dispatching/9-1-1
14 primary answering services and may, at its discretion, provide specialized services and functions
15 within the DISTRICT as resources permit. Such specialized services and functions may include:
16 Homicide, Juvenile, Narcotics, SWAT, Search and Rescue, and Explosive Ordinance Disposal.
17 F. The rendition of contract services, the standards of performance, the discipline
18 of officers, and other matters incident to the performance of such services and the control of
19 personnel so employed, shall remain with COUNTY. In the event of dispute between the parties
20 as to the extent and duties and functions to be rendered under this Agreement, or the minimum
21 level or manner of such performance of such services, the determination made by COUNTY shall
22 be final and conclusive.
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2. OBLIGATIONS OF DISTRICT
A DISTRICT shall designate the Fresno County Sheriff as its Chief of Police
25 during the period of time in which this Agreement remains in effect.
26 B. DISTRICT shall compensate COUNTY pursuant to Section 5,
27 "COMPENSATION/INVOICING", of this Agreement.
28 3. TERM
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Agreement Between County of Fresno and Fig Garden Protection District for LE Services, FY 2015-16
1 This Agreement shall become effective the 1st day of July, 2015, and shall terminate
2 on the 30th day of June, 2016.
3 4. TERMINATION
4 A. Non-Allocation of Funds-The terms of this Agreement, and services to be
5 provided thereunder, are contingent on the approval of funds by the appropriating government
6 agency. Should sufficient funds not be allocated, the services provided may be modified, or this
7 Agreement terminated, at any time by either party giving thirty (30) days advance written notice to
8 the other.
9 B. Breach of Contract -COUNTY may immediately suspend or terminate this
10 Agreement in whole or in part, where in the determination of COUNTY there is:
11 1) An illegal or improper use of funds;
12 2) A failure to comply with any term of this Agreement; or
13 3) Improperly performed service.
14 In no event shall the continued provision of services by COUNTY constitute a waiver
15 by COUNTY of any breach of this Agreement or any default which may then exist on the part of
16 DISTRICT. Neither shall such continued provision of services impair or prejudice any remedy
17 available to COUNTY with respect to the breach or default.
18 C. Without Cause -Under circumstances other than those set forth above, this
19 Agreement may be terminated by either party upon the giving of thirty (30) days advance written
20 notice of an intention to terminate to the other.
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5. COMPENSATION/INVOICING
A. DISTRICT shall pay to COUNTY the compensation agreed for performing
23 the law enforcement services under this Agreement. The compensation due to COUNTY and
24 the methodology for determining such compensation is set forth in Exhibit "A", which is attached
25 hereto and incorporated herein by reference. The hourly rates identified in Exhibit "A"
26 represents a rate that recovers salaries, benefits, radio charges, and fuel.
27 B. Unless otherwise provided in Exhibit A, COUNTY shall submit monthly
28 invoices in arrears, within fifteen (15) days following the end of each month, to DISTRICT for
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Agreement Between County of Fresno and Fig Garden Protection District for LE Services, FY 2015-16
1 services provided under this Agreement. DISTRICT shall pay COUNTY within thirty (30) days of
2 receipt of invoice. Any payment made more than thirty (30) days after receipt of the invoice
3 constitutes a breach of this Agreement and may result in contract termination or service reduction
4 at COUNTY's discretion. Invoices shall be submitted to DISTRICT, and payments to COUNTY, at
5 the addresses for each party listed under Section 11, "NOTICES", of this Agreement.
6 C. DISTRICT agrees that any State or Federal funding, grants or forfeitures
7 COUNTY may obtain shall not offset the compensation due under this Agreement. The Sheriff
8 Deputies performing services under this Agreement shall be considered "employees" of the
9 DISTRICT for the sole and limited purpose of determining the disposition of fines and forfeitures
10 imposed and collected pursuant to Penal Code 1463 et seq.
11 6. INDEPENDENT CONTRACTOR
12 In performance of the work, duties and obligations assumed by COUNTY under this
13 Agreement, it is mutually understood and agreed that COUNTY, including any and all of
14 COUNTY's officers, agents, and employees will at all times be acting and performing as an
15 independent contractor, and shall act in an independent capacity and not as an officer, agent,
16 servant, employee, joint venturer, partner, or associate of the DISTRICT. Furthermore,
17 DISTRICT shall have no right to control or supervise or direct the manner or method by which
18 COUNTY shall perform its work and function.
19 DISTRICT and COUNTY shall comply with all applicable provisions of law and the
20 rules and regulations, if any, of governmental authorities having jurisdiction over matters the
21 subject thereof.
22 Neither party shall have any right to employment benefits and rights available to
23 employees of the other party. COUNTY shall be solely liable and responsible for providing to, or
24 on behalf of, its employees all legally-required employee benefits. It is acknowledged that during
25 the term of this Agreement, COUNTY may be providing services to others unrelated to the
26 DISTRICT or to this Agreement.
27 7. MODIFICATION
28 Any matters of this Agreement may be modified from time to time by the written
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Agreement Between County of Fresno and Fig Garden Protection District for LE Services, FY 2015-16
1 consent of all the parties without, in any way, affecting the remainder.
2 8. NON-ASSIGNMENT
3 Neither party shall assign, transfer or sub-contract this Agreement nor their rights or
4 duties under this Agreement without the prior written consent of the other party.
5 9. HOLD HARMLESS
6 DISTRICT agrees to indemnify, save, hold harmless, and at COUNTY's request,
7 defend the COUNTY, its officers, agents, and employees from any and all costs and expenses,
8 damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with the
9 performance, or failure to perform, by DISTRICT, its officers, agents, or employees under this
1 0 Agreement, and from any and all costs and expenses, damages, liabilities, claims, and losses
11 occurring or resulting to any person, firm, or corporation who may be injured or damaged by the
12 performance, or failure to perform, of DISTRICT, its officers, agents, or employees under this
13 Agreement.
14 COUNTY agrees to indemnify, save, hold harmless, and at DISTRICT's request, defend
15 the DISTRICT, its officers, agents, and employees from any and all costs and expenses,
16 damages, liabilities, claims, and losses occurring or resulting to DISTRICT in connection with the
17 performance, or failure to perform, by COUNTY, its officers, agents, or employees under this
18 Agreement, and from any and all costs and expenses, damages, liabilities, claims, and losses
19 occurring or resulting to any person, firm, or corporation who may be injured or damaged by
20 the performance, or failure to perform, of COUNTY, its officers, agents, or employees under this
21 Agreement.
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10. AUDITS AND INSPECTIONS
DISTRICT shall at any time during business hours, and as often as COUNTY may
25 deem necessary, make available to COUNTY for examination all of its records and data with
26 respect to the matters covered by this Agreement. DISTRICT shall, upon request by COUNTY,
27 permit COUNTY to audit and inspect all of such records and data necessary to ensure
28 DISTRICT's compliance with the terms of this Agreement.
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Agreement Between County of Fresno and Fig Garden Protection District for LE Services, FY 2015-16
1 If this Agreement exceeds ten thousand dollars ($1 0,000.00), CONTRACTOR shall
2 be subject to the examination and audit of the Auditor General for a period of three (3) years after
3 final payment under contract (Government Code section 8546.7).
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11. NOTICES
The persons and their addresses having authority to give and receive notices under
6 this Agreement include the following:
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COUNTY
Fresno County Sheriff
Attn: Business Office
P.O. Box 1788
Fresno, CA 93717
CONTRACTOR
Fig Garden Protection District
Attn: Dean Alexander or Prudence
Zalewski
P.O. Box 5932
Fresno, CA 93755
Any and all notices between COUNTY and DISTRICT provided for under this
13 Agreement shall be in writing and shall be deemed duly served when personally delivered to one
14 of the parties, or in lieu of such personal services, when deposited in the United States Mail,
15 postage prepaid, addressed to such party.
16 12. VENUE AND GOVERNING LAW:
17 Venue for any action arising out of or related to this Agreement shall only be in
18 Fresno County, California. The rights and obligations of the parties and all interpretation and
19 performance of this Agreement shall be governed in all respects by the laws of the State of
20 California.
21 13. ENTIRE AGREEMENT
22 This Agreement constitutes the entire agreement between the CONTRACTOR and
23 COUNTY with respect to the subject matter hereof and supersedes all previous Agreement
24 negotiations, proposals, commitments, writings, advertisements, publications, and understanding
25 of any nature whatsoever unless expressly included in this Agreement.
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Agreement Between County of Fresno and Fig Garden Protection District for LE Services, FY 2015-16
1 IN WITNESS WHEREOF, the parties hereby execute this Agreement as of the day and year first
2 hereinabove written.
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FIG GARDEN POLICE DISTRICT
·Board· Member, Prudence Zalewski
17 APPROVED AS.TO LEGAL FORM:
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Daniel C. Cederberg, County Counsel
Fund No. 0001
Org. No.: 31113219
Subclass: 10000
Account No.: 4975
COUNTY OF FRESNO
~0.
Deborah A. Poochigian
Chairman, Board of Supe
ATTEST:
BERNICE E. SEIDEL, Clerk
Board of Supervisors
By ~$..1k.) &{sb 9'f>
Deputy
REVIEWED & RECOMMENDED
FOR APPROVAL
~ r Margaret Mims, Sheriff-Coroner
APPROVED ASTO ACCOUNTING FORM:
Vicki Crow CPA, Auditor-Controller/
Treasurer-Tax Collector
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Fig Garden Police District
Sheriff, County of Fresno
Agreement Between County of Fresno and Fig Garden Protection District for LE Services. FY 2015-16
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"Exhibit A"
Minimum Service Level:
DISTRICT agrees to pay COUNTY for providing law enforcement services at the following
service level:
A. Two Full-Time Deputies: From July 1, 2015 through June 30, 2016 the Sheriff's
Office will assign two full time equivalent Deputy Sheriff Officers (assigned to Area 2)
to work various shifts to serve the DISTRICT. The staffing patterns may vary;
however, the staffing pattern will equal a minimum of two full-time equivalent Deputy
Sheriff positions providing law enforcement services to the DISTRICT every week to
ensure the service level is maintained. Each of the two Deputy Sheriffs will work
1700 hours total at an hourly rate of $96.78 per Deputy Sheriff. The hourly rate for
services provided under this agreement for each Deputy Sheriff represents a rate
that recovers the salaries, benefits, radio charges, and fuel. The total cost during
the term of this agreement for the two full-time deputes will be $329,052 (1700 hrs. x
$96.78 per hour x 2 deputies). The COUNTY will invoice the DISTRICT a flat
monthly rate of $27,421 for the services of these two full-time deputies.
B. Overtime: Should additional law enforcement services be provided by COUNTY's
Sheriff beyond the minimum service level described in paragraph A above, the
DISTRICT shall pay for such overtime (work beyond the 1700 hours per deputy set
forth above) services of Deputy Sheriff's. Overtime services will not exceed a total of
1560 hours during the term of this agreement. Overtime services will be invoiced at
$54.94 per hour. Overtime services will not exceed $85,706.40 during the term of
this agreement. The COUNTY will invoice the DISTRICT for overtime services on a
quarterly basis for overtime services provided during the quarter.
C. Special Events:
DISTRICT agrees to pay COUNTY for providing special event service when requested,
as follows:
A. $54.94 Per hour, Per Deputy Sheriff
Special events will be billed as consumed.
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Agreement Between County of Fresno and Fig Garden Protection District for LE Services, FY 2015-16