HomeMy WebLinkAboutCalifornia State University Fresno - Police Services expires 6/30/2017California State University, Fresno
STANDARD AGREEMEI{T
ACTNUMBER I AMNo
sA72739
ZIP CODE
9372t-3617
FISCAL YE,AR
REQUISITION
CITY
Fresno
STATE
CA
BY THIS DOC
$684,030.80
THIS CONTRACT
TO DATE
STGNATURE OF
PeopleSoft Chartfields
$684,030.80
4t4-Jyte/4s/aw{
e T:]ì IGIE:.MEN: made and entered ínto this day 7122/2014 in the State of califomia, by and between the Trustees of the califomia State university,
o.ãwhichistheStateefQ¿lifsmia'nr¡ñoinahiohe¡sdsç¿lioncapacity, throughitsdu¡yappointedandactingofficer,hereinaftercalledtheuníversity,and-j ı 571 8.1fî;.rf ë , hereinafter called the Contractor,
u.. C)ö - lations of the University hereinafter
È -: expressed, does hereby agree to furnish to the University services and materials as follows:
" åtn: contractor, Fresno Police Department, shall provide reimbursable services to the University police Department in
various locations including Save Mart Center. All work and fees shall be in accordance with Exhibit A - CSU General
Provisions for Services, 8 pages; Exhibit B - Fresno Police Department Contract Law Enforcement Services, I page;
and Exhibit C - Fresno Police Department Contracted Law Enforcement Regulations ,2pages;inclusive and by this
reference are made a part of this agreement
Term of this agreement shall be in effect July l, 2014 through June 30,2017.
The total amount of this agreement shall not exceed Six Hundred Eighty Four Thousand Thirty and g0/100 Dollars
($684,030.80)
Payments are to be made upon receipt of an invoice to the University Accounts Payable office, that has been certified
by University Police Department. The University will process claims for payment in accordance with State fiscal
procedures and the terms of this agreement. The itemized invoice should reference the Standard Agreement number.
IN WITNESS WHEREOF, thiS has been executed bv the the date first above written.
TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY CONTRÄCTOR
UNIVERSITY
CITY OF FRESNO
\
ADDRESS
2326Fresrn 2nd Floor
YERSITY, FRESNO
PROGRAM/CATECORY (CODÊ TITLE)
University Police Department À{/S pO14
OBJECT OF E)OENDITURE (CODE AND TITLE)
f_l .o"r*.ro*
Account
f-_-l ,*o.r*r'*.,f-l n .o^r^o
DEPUry
t06454
13809 Fund 54441 org ID ,43425 Program
l-_-]oro*,
BY:
Exhibit A
CSU GENERAL PROVISIONS
for
SERVICE ACQUISITIONS
Revision 09126lll
CSU GENERAL PROVISIONS
for
SERVICE ACQUISITIONS
l. Commencementof Work .......3
3. Appropriation of Funds.. .......3
5. IndependentStatus ..............3
6. Confict of Interest ...............3
7. Governing Law ............ ........4
10. Contract Alterations & Integration ............,.4
12. Termination for Defau1t................. .........4
14. Nondiscrimination....... ,,.....4
15. Drug-Free Workplace Certification.. ...........5
18. Privacy of Personal Information ..............5
19. Waiver of Rights ...... ... ...... . ,. 5
21. Compliance with NLRB Orders ...............6
22.Examination and 4udit........... ................6
23. DVBE and Small Business Participation. ......................6
24. Citizenship and Public Benefits,...... ...,......6
25. Americans rùr'ith Disabilities Act (ADA)......... ..............6
26. Child Support Compliance Act............. ......................6
27. Document Referencing.. .......6
28. Covenant Against Grat¡ities..... .................6
29. Rights and Remedies of CSU forDefault... ....................7
30. Recycled Content Certifrcation ........,.,....7
32- Safety and Accident Prevention .........,,....7
33. Follow-On Contracts .........,.7
34. Expatriate Corporations. ..............-...........8
35. Rights in Work Product........ ...................8
36. Confidentiality of Data. .........8
cRL 050 813/06
CSU GENERAL PROVISIONS
r
SERVICE ACQUISITIONS
l. Commencement of Work
Work shall not commence under the Contract until a fully executed Contract has been received by the Contractor and
the Contractor has been given approval to proceed. Any work performed by the Contractor prioito the date ofapproval
shall be considered as having been performed at the Contractor's own risk and as a volunteei.
2. Invoices
(a) Invoices shall be submitted, in arrears, to the address stipulated in the Contract. The Contract number must be
included on the invoice. Final invoice shall be marked as such.
(b) In the event that addÍtional services are performed as authorized, the Conhactor shall submit invoices for additional
services in accordance with provisions herein.
(c) For work of a continuing nature, the Conüactor shall submit invoices in arrears, upon completion of each phase.
Contractor shall be reimbursed for travel, subsistence and business expenses necessary forihe performancä of
services pwsuant to the Conhact in accordance with CSU policy.
(d) Unless otherwise specified, the CSU shall pay properly submitted invoices not more than 45 days after (i) the
performance completion date of services; or (ii) receipt of an undisputed invoice, whichever is later.(e) The consideration to be paid Contractor, as described within the Contract, shall be in full compensation for all of
Contractor's expenses incurred in the performance hereof, including travel and per diem, unleis otherwise
expressly so provided.
3. Appropriatíon of Funds
(a) If the term of the Contract extends into fiscal years subsequent to that in which it is approved such continuation of
the Contract is subject to the appropriation of funds for such purpose by the Legislatutà. If funds to effect such
continued payment are not appropriated, Contractor agrees to take back any commodities fumished under the
Contract, terminate any services supplied to the CSU under the Contract, and relieve the CSU of any frrther
obligation therefore.
(b) CSU agrees that if provision (a) above is involved, commodities shall be returned to the Contractor in substantially
the same were delivered, subject to normal wear and tear. CSU further agrees to pay forpacking, ConFactor's nearest facility and for reimbursement to Contractor for eipãnsesincurred packing and crating.
4. Cancellation
CSU reserves the right to cancel this Contract at any time upon thirty (30) days written notice to the Contractor.
5. Independent Status
The Contractor, and the agents and employees of Contractor, in the performance of this Contract, shall act in an
independent capacity and not as offtcers or employees or agents of the State of California. While Conhactor may (or
may not) be required under the terms of this Contract to carry Worker's Compensation Insurance, Contractor is noì
entitled to unemployment or workers' compensation benefits from the CSU.
6. Conflicf oflnterest
(a) Should the Contactor provide services for preparation or development of recommendations for the actions which
are required, suggested or otherwise deemed appropriate, and which include the provision, acquisition or delivery
of products or service; then the Contractor must provid: full discloswe of any financial interejt including but noí
limiæd to service Agreements, OEM, and/or remarketing Agreement that may foreseeable allow the Contractor to
materially benefit from the adoption of such recommendations.
(b) The CSU requires a Statement of Economic Interests (Form 700) to be filed by any Consultant (or Conhactor) who
is involved in the making, or participation in the making, of decisions which may forseeably have a material effect
on any CSU financial interest [reference G.C. 82019].
The CSU reserves the right to prohibit participation by the Contractor in bidding to or providing services, goods or
supplies or any other related action which is required, suggested or otherwise deemed ãppropriite in the e;d product of
this Contract.
cRL 050 8t3/06
CSU GENERAL PROVISIONS
for
SERVICE ACQUISITIONS
7. Governing Law
To the extent not inconsistent with applicable federal law, this Contract shall be construed in accordance with and
governed by the laws of the State of Califomia.
8. Assignments
Without written consent of the CSU, the Contract is not assignable by Contractor either in whole or in part.
9. Time
Time is ofthe essence of the Contract.
10. Contract Alterations & Integration
No alteration or variation of the terms of the Conhact shall be valid unless made in writing and signed by the parties
hereto, and no oral understanding or Contract not incorporated here in shall be binding on any ofthe parties hèreto.
ll. Use of Data
The Contractor shall not utilize any information, not a matter of public record, which is received by reason of this
Contract for pecuniary gain not contemplated by the terms of this Contract, regardless of whether the Contractor is or is
not under contract at the time such gain is realized. CSU specific information contained in the report, survey, or other
product developed by the Contractor pursuant to this Contract is the Foperty of the CSU, and shall not be uied in any
manner by the Contractor unless authorized by the CSU.
12. Termination for Default
Either pa4y may terminate the Contract should the other par{y fail to perform the covenants herein contained at the time
and in the manner herein provided.
13. Personnel
The Conhactor shall make every effort consistent with sound business practices to honor the specific requests ofthe
CSU with regard to assignment of its employees; however, the Contractor reserves the solo right to determine the
assignment of its employees. If a Contractor employee is unable to perform due to illness, resignation, or other factors
beyond the Contractor's control, the Conhactor shall make every reasonable effot to provide suitable substitutc
personnel.
14. Nondiscrimination
(a) During the performance ofthis Contrac! Contractor and its subcontractors shall not deny the Contract's benefits to
any person on the basis ofreligion, color, ethnic group identification, sex, age, physical or mental disabilify, nor
shall they discriminate unlawfully against any employee or applicant for employment because of race, religion,
color, national origin, ancesfiy, physical handicap, mental disabilþ, medical condition, marital status, agdover
40) or sex. Contractor shall insure that the evaluation and treatment of employees and applicants for emþloyment
are free of such discrimination.
(b) Conhactor shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section
12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title2, Sections 7285.0 et
seq), and the provisions of A¡ticle 9.5, Chapter l, Part l, Division 3, Title 2 of the Govemment Code (Govemment
Code Sections I I 135-1 I t39.5), and the regulations or standards adopted by the awarding ståte agency to
implement such article.
(c) Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the
Trustees upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours
notice, to such of its books, records, accounts, other sources of information, and its facilities as said Deparhnent or
Tn¡stees shall require to ascertain compliance with this clause.
(d) The provisions of Executive Order 11246, as amended (Equal Employment Opportunity/Affirmative Action),
Section 402 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974,as amended (3S U.S.C. 4212 or
VEVRAA), and Section 503 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 793),ardthe implementing
regulations found at 4l CFR 60-l&2, 4l CFR 60-250, and 4l CFR 60-741, respectively, are hereby incorporated
by reference.
cRL 050 8/3t06
CSU GENERAL PROVISIONS
for
SERVTCE ACQUTSTTTONS
(e) Contractor and its subcontractors shall give written notice oftheir obligations under this clause to labor
organizations with which they have a collective bargaining or other agreement.(f) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subconfacts to
perform work under the contract. (Gov. Code Section 12990, ll 135 et seq.; Title 2, California Code of Regulations,
Section 8107).
15. Drug-Free Workplace Certification
By accepting a contract or purchase order, the Contractor certifies under penaþ ofperjury under the laws ofthe State
of California that the Conhactor will comply with the requirements of the Drug-Free Workphce Act of 1990
(Government Code, Section 8355 et. seq.) and will provide a drug-free workplace by doingall of that which Section
8355 et seq. require.
16. Sevcrability
It is expressly agreed and understood by the parties hereto that if any provision ofthis Contract is held to be
unconscionable or invalid under any applicable statute or rule of law, it is deemed to that extent to be omitted.
However, the balance of the Contract shall remain in full force and effect.
17. Dispute
Any dispute arising under the terms of this Contraot which is not resolved within a reasonable period of time by
authorized representatives ofthe Conhactor and the CSU shall be brought to the attention ofthe ChiefExecutive
Offìcer (or designated representative) of the Contractor and the Chief Business Officer (or designee) of The CSU forjoint resolution. At the request of either party, The CSU shall provide a forum for discussion oithe disputed item(s), at
which time the Vice Chancellor, Business and Finance (or desþated representative) of The CSU shall be availabie-io
assist in the resolution by providing advice to both parties regarding The CSU contracting policies and procedures. If
resolution of the dispute through these means is pursued without success, either party mayieek resolution employing
whatever remedies exist in law or equþ beyond this Contract. Despite an un¡esolved dispute, the Contractor-strit -
continue without delay to perform its responsibilities under this Contract. The Conhactor shall keep accurate records of
its services in order to adequately document the extent of its services under this Contract.
18. Privacy of Personal lnformation
Contractor expressly acknowledges the privacy rights of individuals to their personal information that are expressed in
the State's Information Practices Act (California Civil Code Section 1798 etseq.) and in California Constituiion Articlel, Section I' Contractor shall maintain the privacy of personal information. Contractor shall not release personal
information contained in CSU records without full compliance with applicable state and federal privacylaws.
Contractor frtrther, acknowledges Federal privacy laws such as Gramm-Leach-Bliley Act (Title i5, United States Code,
Sections 6801(b) and 6805(b)(2)) applicable to financial transactions and Family Educational Rights and privacy Act(Title 20, United States Code, Section 12329) applicable to student records and information from student records.
Contractor shall maintain the privacy of protected personal information and shall be hnancially responsible, if and to the
extent that any security breach relating to protected personal information results ûom acts or omissions of Conhactor,
or its personnel, for any notifications to affected persons (after prompt consultation with CSU), and to the extent
requested by CSU, administratively responsible for such notification.
19. Waiver of Rights
Any action or inaction by the CSU or the failure ofthe CSU on any occasion to enforce any right or provision ofthe
Contract shall not be consüued to be a waiver by the CSU ofits rights hereunder and shall nolprevent the CSU from
enforcing such provision or right on any futu¡e occasion. The rights and remedies of the CSU provided herein shall not
be exclusive and are in addition to any other rights and remedies provided by law.
20. Endorsement
Nothing contained in this Contract shall be construed as conferring on any party hereto, any right to use the other
party's name as an endorsement of produclservice or to advertise, promote or otherwise market any product or service
without the prior written consent of the other parly. Furthermore nothing in this Conhact shall be ionstrued as
endorsement of any commercial product or service by the CSU, its officers or employees.
cRL 050 8/3t06
CSU GENERAL PROVISIONS
r
SERVICE ACQUISITIONS
21. Compliance with NLRB Orders
no more than one final, unappealable finding of contempt of court by a
tor within the immediately preceding two-year period because of the
federal court rvhich orders the Contractor to comply with an order of
the National Labor Relations Board. This provision is required by, and shall be construed in accordance with, public
Contract Code Section 10296.
22. Examination and Audit
For contracts in excess of $ 10,000, the Conhactor shall be subject to the examination and audit of (a) the OfIice of the
University Auditor, and (b) the State Auditor, for a period of th¡ee (3) years after final payment unàer the contract in
accordance with Government Code Section 8546.7 and with Education Code Section tÞo+s¡c & d), respectively. The
examination and audit shall be confined to those matters connected with the performance of the contracì, including, but
not limited to, the costs of administering the Contract.
23. DVBE and Small Business Participation
goals of 3% for disabled business enterprises, (DVBE program)
awarding conhacts to small businesses. Only small busineises
rvices (OSDS) are eligible to receive the preference. The CSU
encourages all contractors to use the services of DVBE and OSDS-certifred small business enterprises whenever
possible, and to report their use to the CSU.
24. Citizenship and Public Benefits
If Contractor is a natural person, Contractor certifies in accepting this Contract that s/he is a citizen or national of the
United States or otherwise qualified to receive public benefits under the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (P.L. 104-193; I 10 STAT.2l05,2268-69).
25. Americans With Disabilities Act (ADA)
Contractor wanants that it complies with California and federal disabilities laws and regulations.
26. Ch¡ld Support Compliance Act
For any contract in excess of$100,000, the contractor acknowledges in accordance with Public Contract Code Section
7l 10, that:
(a) The contractor recognizes the importance of child and family support oblþtions and shall fully comply with all
applicable state and federal laws relating to child and family support enforcement, including, blt notiimited to,
disclosu¡e of information and compliance with earnings assigrment orders, as provided in Chapter 8 (commenóing
with Section 5200) of Part 5 of Division 9 ofthe Family Code; and
(b) The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all
employees and is providing the names of all new employees to the New Hire Registry maintained by the California
Employment Development Department.
27. Document Referencing
All conespondence, invoices, bills of lading, shipping memos, packages, etc., must show the Contract number. If
factory shipment, the factory must be advised to comply. Invoices not properly identified with the contract number and
contractor identification number may be retumed to contractor and may cause delay in payment.
28. Covenant Against Gratuities
The Contractor shall wa¡rant that no gratuities (in the form of entertainmen! gifts, or otherwise) were offered or given
by the Contractor, or any agent or representative ofthe Contractor, to any officer or employee ofthe CSU with a view
toward securing the Contract or securing favorable heatment with respect to any determinãtions concerning the
performance of the Conhact. For breach or violation of this wananty, the CSU shall have the right to terminate the
Contract, either in whole or in part, and any loss or damage sustained by the CSU in procuring ın the open market any
items which the Contractor agreed to supply shall be borne and paid for by the Contràctor. Thi rights and remedies of
the CSU provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by
law or under the Confract.
cRL 050 8t3/06
CSU GENERAL PROVISIONS
for
SERVICE ACQUISITIONS
29. Rights and Remedies of CSU for Default
(a) Neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of the
offending parfy. Such acts (known as "force majeure") shall include but shall not be limited to fire, strike, freight
embargo or acts of God and of the Government.
(b) The rights and remedies ofthe parties provided above shall not be exclusive and are in addition to any other rights
and remedies provided by law or under the Contract.
30. Recycled Content Certification
Contractor agrees to ceftiry in writing, under penalty of perjury, the minimum, if not the exact, percentage of recycled
content material, as defined in Sections l2 l6l and 12200 of lhe Public Contract Code, in materials, goods, or supplies
used in the performance of this Contract.
31. Entire Contract
This Contact sets forth the entire agreement bctween the parties with respect to the subject matter hereof and shall
govern the respective duties and obligations ofthe parties.
32. Safety and Accident Prevention
In performing work under this Contract on CSU premises, Contractor shall conform to any specific safety requirements
contained in the Contract or as required by law or regulation. Contractor shall take any additional precautions as the
CSU may reasonably require for safety and accident prevention ptuposes. Any violation of such rules and
requirements, unless promptly corrected, shall be grounds for termination of this Contract in accordance with default
provisions hereof.
33. Follow-On Contracts
a) If the Contractor or its affirliates provides Consulting and Direction (as defined below), the Contractor and its
afniliates:
(i) will not be awarded a subsequent Conhact to supply the service or system, or any significant component
thereof, that is used for or in connection with any subject of such Consulting and Direction; and
(ii) will not act as consultant to any person or entity that does receive a Contract described in sub-section (i). This
prohibition will continue for one (1) year after termination ofthis Contract or completion of the Consulting and
Directior¡ whichever comes later.
b) "Consulting and Di¡ection" means services for which the Conhactor received compensation from the CSU and
includes:
(i) development of or assistance in the development of wo¡k statements, specifications, solicitations, or feasibility
studies;
(ii) development or design of test requirements;
(iii) evaluation oftest data;
(iv) direction of or evaluation of another Contractor;
(v) provision of formal recommendations regarding the acquisition of products or services; or
(vi) provisíons of formal recommendations regarding any of the above. For purposes of this Section, "affrliates" are
employees, directors, partners, joint venture participants, parent corporations, subsidiaries, or any other entity
conffolled by, controlling, or under common control with the Contractor. Control exists when an entity owns or
directs more than fiffy percent (50%) of the outstanding shares or secu¡ities representing the right to vote for
the election of directors or other managing authority.
c) Except as prohibited by law, the restrictions ofthis Section will not apply:(i) to follow-on advicæ given by vendors of commercial offithe-shelf products, including Software and Hardware,
on the operation, integration, repair, or maintenance ofsuch products after sale; or
(ii) where the CSU has entered into a Contract for Software or services and the scope of work at the time of
Contract execution expressly calls for futu¡e recommendations among the Conhactor's own products.d) The reshictions set forth in this Section a¡e in addition to conflict of interest restrictions imposed on public
Contractors by California law ('Conflict Laws"). In the event of any inconsistency, such Conflict Laws override the
provisions ofthis Section, even ifenacted after execution ofthis Contract.
cRL 050 813t06
CSU GENERAL PROVISIONS
for
SERVICE ACQUISITIONS
34. Expatriate Corporations
By accepting a contract or purchase order, the Contractor declares under penalty ofperjury under the laws ofthe State
of Califomia that the Contractor is eligible to conhact with the CSU pursuant to The California Taxpayer and
Shareholder Protection Act of2003, Public Contract Code Section 10286 et. Seq.
35. Rights in \ilork Product
a) All inventions, discoveries, intellectual propeúy, technical communications and records originated or prepared by
the Contractor pursuant to this Contract including papers, reports, charts, computer programs, and other
Documentation or improvements thereto, and including Contractor's administrative communications and records
relating to this Contract (collectively, the "Work Product"), shall be Contractor's exclusive property. The
provisions of this sub-section a) may be revised in a Statement of Work.
36. Conl¡dentiality of Data
All financial, statistical, personal, technical and other data and information relating to CSU's operation which are
designated confidential by the CSU and not otherwise subject to disclosure under the California Public Records
Act, and made available to the Contractor in order to carry out this Contract, or which become available to the
Contractor in carrying out this Contract, shall be protected by the Contractor using the same level of care in
preventing unauthorized disclosure or use ofthe confidential information that it takes to protects its own
information of a similar nature, but in no event less than reasonable care. The Contractor shall not be required
under the provisions of this clause to keep confrdential any daø or information that is or becomes publicly
available, is already rightfulty in the Contractor's possession, is independently developed by the Contractor outside
the scope of this Contract, or is rightfully obtained from third parties.
cRL 050 8t3t06
Name:California State University, Fresno
Address:2311 E Barstow Ave M/S PO14
City/State/Zip: FresnoCA93740-8004
Phone #: (559) 278-5232 Fax#: (559) 278-6686 Atternate phone: (SS9) 278-S400
Name of contact person if different from above: Gus perez, Events coordinator
CITY OF FRESNO
POLICE DEPARTMENT
Contract Law Enforcement Services
APPLICANT:
2. IF APPLICANT AN ORGANIZATION/BUSlNESS:
3. TYPE OF EVENT OR SERVICE:
4. STAFFING NEEDS:Number Total Hours Rate***Total
*** Rate subject to change without notice ESTIMATED TOTAL: $
TOTAL FOR EACH FISCAL YEAR:
TOTAL FOR 07/01 /20 14-06t30t2017 :BILLING:o A four-hour minimum appl¡es to all contract requests;
request will be reviewed by a staff off¡cer to determ¡ne whether or not off-duty law enforcement services wiil be authorized by the Fresnó eof ice oélãrtmeñi
Exhibit
228,009.83
$228,009.83
$684,029.495.
o Vehicle requests must be for the length of the entire event or assignment;. Time in excess of that which was requested will be billed to the applicant;. Applicants are billed for each additional half-hour or portion thereof; AND
' Travel time (to and from the event) will be charged to each vehicle requested. The travel time charge will be an additional half-hourat the pay rate of the personnel [Sergeant, Officer, or CSO] assigned to bring the vehicle, except fır the assignmenito tãotUa¡game events.
Your signature indicates that you have received, read, and agree to abide by the Fresno Police Depaftment contfacted Law Enforcement Regulations, attached andincofporated her¡n by reference completing this document neither guarantees your fequest for officers will be f¡lled, nor that a marked pot¡ce vehicle will be provided your
ng S¡gnature
of Police
PD Authoring S¡gnature
California State Univers¡tv. Fresno
23118 BarstowAve M/S PO14
Fresno CA 93740-8004 phone #:
Briefly Describe Activities:VARIOUS EVENTS
AddTESS/LOCAt¡ON: VARIOUS CAMPUS LOCATIONS INCLUDING THE SAVEMART CENTER
Date(s): 0710112014 - 0613012017 Report Time: Differs with events End Time: Differs with events
violators at facility.
Anticipated # of attendees, if Appticable: Various Alcohol Served: Differs with events
Police Officerß)300 3000 $ s2.9s $ 158,850.00
Police Seroeantß)334 186.7 $ 62.63 $ 11,693.02
Com m u n itv Service Office rs ß)133.4 1466.6 $ 37.82 $ s5,466.81
Police Vehicle(s) Flat Rate 100 $ 20.00 $ 2,ooo.oo
Please Remit To: Citv of Fresno Police Deoartment " PO Box 1271* Fresno. California g3715. 559-621-2056
1.
Exhibit C
FRESNO POLICE DEPARTMENT
Gontracted Law Enforcement Regu lations
nd respond to directíon by the Fresno police
Officers charge a four hoúi minimum, Anv time in excess of four hours is charged for each add¡tionalhalf hqur or oo(ion thereof.
a 48 hour advance notification in order to cancel a contracted job.
en, the Applicant shall be responsible for paying the Department the
Department staffwill dealwith one person as a primary contact. One alternate may be selected.
The.department requires the Applicant to maintain records related to contracted law enforcement
services.
Questions should be communiÒated to the Contracted.Law Enforcement Coordinator.
Any requested schedule changes shall be coordinated through the Contracted Law EnforcementCoordinator as soon as possible and may not be honored.
The Department may, at its discretion, cancel any or all contracted law enforcement services at anytime due to unavailability of officers or emergencies. Contracted ofücers may, at their own díscretiòn,terminate their contractual obligations to return to regular department dúiies ¡n the event of anemergency or incident_ related to their capacity as law enfoicement offìcers. lt is understooc Uy theparties.that the Department and its police officers do not owe à greater level of police services orprotection under thís Contract than is owed to the public generally.
invoices within 45 days of the completion of the event. Any overdue amount
ion agency fee, and may result in the denial of future requesis for contract
The. Applicant is responsible for costs associated with an officer having to work in excess of thecontracted time as a result of activities related to the Contract.
The Department requires a minimum number of officers per number of attendees at the event. This
.figure is approximately one ofücer per two hundred peopte, and one supervisor per five officers. Thesenumbers are general guidelines. The Department will take other fäctors into consideration. TheDepartment wili make the determination of how many offlcers will be required if the Conhact isaccepled. This is not a negotiable figure. ln addition, ìf the Department receives information that greater
numbers of people are expected than was first anticipated, additions will be made in the numbei ofofficers assigned, subject to Paragraph number 8, as above. Assignment of officers is in the sotediscretion of the Department and subject to avaílability.
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ar¡sing or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions,
or willful misconduct of City of Fresno or any of its officers, offìcials, employees, agents or volunteers in
. the performance of the Contract; provided nothing herein shall constitute a waiver by City of Fresno of
governmental immunities including California Government Code section 810 et seq.
Applicant shall indemnify, hold harmless and defend City of Fresno and each of its officers, officials,
employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and
damages (whether in contract, tort or strict líability, including but not limited to personal injury, death at
any t¡me and property damage) incurred by City of Fresno, Applicant or any other person, and from any
and all claims, demands and actigns in law or equity (including attorney's fees and litigation expenses),
arising or alleged to have arisen directly or indirectly from the negligent or intentional acts or omissions,
or willful misconduct of Applicant or any of its officers, officials, employees, agents or volunteers in the. performance of the Contract; provided nothing herein shall constitute a waiver by Applicant of
governmental immunities including California Government Code section 810 et seq.
ln the event of concurrent negligence on the part of Applicant or any of its offlcers, ofücials, empfoyees,
agents or volunteets, and City of Fresno or âny of its officers, officials, employees, agents or
volunteers, the liability for any and all such claims, demands and actions in law or equity for such
losses, fines, penalties, forfeitures, costs and damages shall be apportioned under the State of
California's theory of comparative negligence as presently established or as may be modified hereafter.
This section shall survive termination or expiration of the Contract.
13. lt is understood and agreed that the City of Fresno and Applicant maintain insurance policies or self-
insurance programs to fund their respective liabilities. The parties agree that such respective programs
or policy coverage for'Workers' Compensatlon shall contain a waiver of subrogation as to the other
party and each of its ofücers, officials, agents, employees and volunteers. Evidence of lnsurance, e.g.,
Certificates of lnsurance or other similar documentation, shall not be required of either party under tñe
Contract.
14. This Contract represents the entire and integrated agreement between the parties with respect to the
subject matter hereof and supersedes all prior negotiations, representations or agreements, either
written or oral.
THE FOLLOW¡NG CONTRACT REQUESTS WILL BE REFUSED:
l. Requests that are not in the incorporated areas of the CiÇ of Fresno;
2. Requests for plain clothes ofücers;
3. Mobile jobs where an unmarked, private vehicle would be used for patrol or transport;
4. Requests which constitute a conflict of interest on the part of the officers or the Department.
By signing this document, you veÉff that you understand and agree to the rules and regulations for Contract Services,
A signature is required for your contract application to be approved.
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