HomeMy WebLinkAboutState of CA 21st District Ag Assoc Big Fresno Fair exp Oct 2016STATE OF CALìFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
RECEIVED
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AGREEMENT NUMBER
l4-059
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
2l't District Agricultural Association, Big Fresno Fair
City of Fresno
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2. The term of this
Agreement is:
October I,2014 through October I1 ,2076
3. The maximum amount $ Not to exceed $259,227.12 w/ contingency budget of $5,401.001 2014; 523g,50: .42
of this Agreement is: w/contingency $5,509.00/2015&2016. For 3 yrs. with contingency budget included $752,661.56.
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A - Scope of Work
Exhibit B - Budget Detail and Payment Provisions
'1 page(s)
1 of 1 page(s)
4 pagesExhibit C* - General Terms and Conditions
Check mark one item below as Exhibit D:
l-E-l e*n¡O¡t - D Special Terms and Conditions (Attached hereto as part of agreement)
| tr I exniOit - D* Special Terms and Conditions
Exhibit E - Additional Provisions
2 pages page(s)
1 page(s)
Exhibit F Map of Grounds
Exhibit G lndemnification language
1 page
1 page
Items shown with an Asterisk ("), are hereby incorporated by reference and made parf of this agreement as if aftached hereto.
These documents can be viewed at wvvw.ols.dgs.ca.gov/Stand ard+Language
lN wlrNESS wHEREOF, this Agreement has been executed by the parties hereto.
BY
,6
CONTRAGTOR
CONTRACTOR'S NAME l,f ofñer ffian an ¡ndividual, state whether a corporation, paftnersh¡p, etc )
City of Fresno
TITLE OF PERSON SIGNING
Bruce Rudd, City Manager
ADDRESS
MariposaMall, P. O. Box
Fresno, CA 93715
STATE OF CALIFORNIA
AGENCY
21't Di ociation, Big Fresno Fair
AND TITLÊ OF PERSON
King, Deputy Man
ADDRESS
1 121 South Chance Avenue, Fresno, CA 93
127 1
California Depaftment of General
Servlces Use Only
! Exempt per:
ATTEST:
YVONNE SPENCE, CMC
DATE SIGNEDIDo not type)
AS TO FORM
Standard Agreement Continued #14-0s9
City of Fresno
Manager I
(Please Initial)
The State may terminate this contract for cause by giving the Contractor written notice thereof.
In the event the services of Contractor are terminated, payment shall be made on an hourþdaily
rate for the portion actually worked up to the date and time of termination which shall be
prorated on the number of hours/days of service performed by the Contractor in relation to the
total amount of the financial consideration stated in the contract.
The State shall reimburse the Contractor for all hours above the stipulated amount should such
hours be necessary to maintain the public safety during usual or emergency periods not
previously included as part of this agreement. Furnishing of such extra hours shall be by the
request/notification of either party and by the written concuffence of both parties. A daily
tabulation of all hours shall be made based on actual costs of providing the services according to
Exhibit "D" of this contract. Any increase in payment would be amended by the contract.
An outline of areas to be marured by Fresno City Police is included in Exhibit "F", which is
attached and made apart of this agreement.
For the services provided as stipulated herein, payment will be made by the State to the
Contractor upon the Contractor providing a list of each person on Fair duty with rank, grade, or
job title, with their hours worked included. Contractor agrees to pay all police personnel who are
assigned to the performance of this agreement in accordance with the Contractor's current salary
levels and to save the State free and harmless from any claim on account hereof.
City of Fresno2 1't District Agricultural Association
Agree #14-059
City of Fresno
Page 1 of 1
Exhibits '(A)) &'(B')
Scope of Work
Contractor agrees that in addition to basic law enforcement services provided without
charge by the City of Fresno, contractor will fumish police protection and law
enforcement services to the 21't District Agricultural Association for a (3) three year
period 2014,2015, and20l6. The Big Fresno Fair dates are October 1-13, 2014; October
7-I8,2015; and October 6-77,2016. Services will be furnishedby Fresno CityPolice
Department commencing the first day of the Fair and continue through the fînal day of
the Fair each year listed in areas mutually agreed upon by Fair Management and Police
Department staff.
Budget Detail and Payment Provisions
The State agrees to pay the contractor Two hundred fifty nine thousand two hundred
twenty seven dollars and seventy two cents ($259,227.72) plus contingency budget of
Five thousand four hundred one dollar ($5,401.00) for 2014; For each of the remaining
two years 2015 and2016, total amount to be paid will be Two hundred thirty eight
thousand five hundred seven dollars and forty two cents ($238,507.42) ptus contingency
budget of Five thousand five hundred nine dollars ($5,509.00). The total sum for all
three years with contingency budget included not to exceed Seven hundred fifty two
thousand six hundred sixty one dollars and fifty six cents (8752,66L 56.) based upon
Exhibit "D" including booking fees and upon satisfactory completion of the terms of this
agreement.
Agree #14-059
City of Fresno
GTC 307
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not com.mence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services,
the Bureau of State Audits, or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three
(3) years after f,rnal payment, unless a longer period of records retention is stipulated,. Contractor
agrees to allow the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records.
Further, Contractor agrees to include a simiiar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code 98546.7, pub.
Contract Code $10115 et seq., CCR Title 2, Section 1896).
5.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7.
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8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor,
in the performance of this Agreement, shall act in an independent capacity and not as off,rcers or
employees or agents of the State.
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in
seetiept 2209, stith respeet te printe- er duplieatien eartridges that eemply
*4th the requirements ef seetion 1^ 156(e\; the eertifieatier requ;red bl'this
s+220+
10' NON-DISCzuMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious ıreed,
national origin, physical disability (including HIV and AIDS), mental disability, medical
condition (cancer), age (over 40), marítal status, and denial of family care leave. Contractor and
subcontractcrs shall insure that the evaluation and treatment of their employees and applicants
for ernployment are free from such discrimination and harassment. Contractor and subóontractors
shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code 512990(a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of
Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment
and Housing Commission implementing Government Code Secti on 12990 (a-f), set forth in
Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into
this Agreement by reference and made apart hereof as if set forth in full. Contractor and its
subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
1 1. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 307 are hereby incorporated by reference and made apartof this
Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAV/: This contract is governed by and shall be interpreted in accordance
with the laws of the State of Califomia.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifìes that if
these services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1). "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2). "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. ln submitfing a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders finai payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the recovery, including treble damages, attributable
to overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and (a) the assignee
has not been injured thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of $100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a). The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the 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."
17. UNENFORCEABLE PROVISION: In the event thatany provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this
Agreement have force and effect arid shall not be affected thereby.
18. PzuOzuTY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in fîlling vacancies in positions funded
by the Contract to qualif,red recipients of aid under V/elfare and Institutions Code Section 11200
in accordance with Pub. Contract Code 510353.
S :\ADMIN\I{OMEPAGE\GTC-3 0 7. doc
Agree #14-059
Gity of Fresno
Exhibit "D"
2014 PR.OPOSED BUDGET:
Contract Officers (3,7il2hours @$54.0ì per hour)
Contract Sergeants (144 hours @$63.88 per hour)
Command Sergeant (197 hours @$6Z.SO per hour)
Command Officer (394 hours @$56.03 per hour)
Community Services Officers (179 hours @$38.58 per hour)
Dispatchers (1 17 hours @$39.56 per hour)
Booking Fees 50 bookings @$9.28 each
TOTAL:
2014 Proposed Policing Cost (based on a 13 day event)
**Contingency Budget (100 hours @ $54.01 per hour)
2014 Proposed Cost with Contingency
TOTAL
2015 Proposed Policing Cost (Based on a 12 day event)** Contingency Budget (100 hours @ $55.09 per hour)
2015 Proposed cost with Contingency
2015 - 12 Dav EVENT PROPOSED BUDGET:
Contract Officers (3,370 Hours @ $55.09 per hour)
Contract Sergeants (132 hours @ $0S.16 per hour)
Command Sergeant (180 hours @ $Oe.g1 per hour)
Command Officer (360 hours @ $S2.15 per hour)
Community Services Officers (164 hours @ $39.35 per hour)
Dispatchers (108 hours @ $40.35 per hour)
Booking Fees 50 bookings @ $9.28 each
$202,645.52
$ 9,198.72
$ '13,309,32
$ 22,075.82
$ 6,905.82
$ 4,628.52
$ 464.00
$185,653,30
$ 8,601.12
$ 12,403.90
$ 20,574.00
$ 6,453.40
$ 4,357,80
$ 464.00
$238,507.42
5,509.00
$244,016.42
2016 _ 12DAY EVENT PROPOSED BUDGET
Contract Officers (3,370 hours @ $55.09 per hour
Contract Sergeants (132 hours @ $0S.16 per hour)
Command Sergeant (180 hours @ $04.91 per hour)
Command Officer (360 hours @ $S2.15 per hour)
Community Services Officers (164 hours @ $39.35 per hour)
Dispatchers (108 hours @ $40.35 per hour)
Booking Fees 50 bookings @ $9.28 each
TOTAL:
THREE YEAR BUDGET TOTAL
2014 Proposed Policing Cost
2015 Proposed Policing Cost
2016 Proposed Policing Cost
TOTAL
With three year contingency included of $5,401,00 - 2014
$5,509.00 -2015
$5,509.00 - 2016
$185,653.30
$ 8,601 .12
$ 12,403.80
$ 20,574.00
$ 6,453.40
$ 4,357.80
$ 464.00
$ 238,507.42
9259,227:72
$238,507.42
$238,507.42
$736,242.56
$752,661.56
California Fair Services Authority Agreement #14-059
City of Fresno
Exhibit "E"
INSURANCE REQUIREMENTS
I. Evidence ofCoverage
The contractor/renter shall provide a signed original evidence of coverage form for the term of the agreement protecting
the legal liability of the State of Califomia, District Agricultural Associations, County Fairs, Counties in which County
Fairs are located, Lessor/Sublessor if fair site is leased/subleased, Cit¡us Fruit Fairs, or California Exposition and State
Fair, their directors, officers, agents, setvants, and employees, from occurrences related to operations under the contract.
This may be provided by:
A, Insurance Certificate - The contractor/renter provides the fair with a signed original certificate of insurance (the
ACORD form is acceptable), lawfully transacted, which sets forth the following:
1. List as the Additional Insured: "Thatthe State of Californi4 the DistrictAgricultural Association, County
Fair, the County in which the County Fair is located, Lessor/Sublessor if fair sìte is leased/subleased, Citrus
Fruit Fair, or Califomia Exposition-and State Fair, or Entities (public or non-profît) operating California
designated agricultural fairs, their directors, officers, agents, servants, and employees are madè additional
insured, but only insofar as the operations under this contract are concerned.,'
2. Dates: The dates of inception and expiration of the insurance. For individual events, the specific event
dates must be listed, along with all set-up and tear down dates.
3. Coveraqes:
a. General Liabilitv - Commercial General Liability coverage, on an occuÍence basis, at least as broad as
the cunent Insurance Service Office (ISO) policy form #CG 0001. Limits shall be not less than $5,000,000
per occuÛence for Fairtime Camival Rides; $3,000,000 per occurrence for Motorized Events All Types
except arena or track motorcycle racing and go-cart racing; $3,000,000 per occunence for Rodeo EventJall
types with a paid gate and any Rough Stock events; $2,000,000 per occurrence for Rodeo Events All
Types without a paid gate and with any Rough Stock events; $1,000,000 per occurrence for Rodeo
Events All Types without any Rough Stock Events; $2,000,000 per occuûence for Interim Carnival Rides,
Fairtime Kiddie Camival Rides of up to 6 rides, Concerts with over 5,000 attendees, Rave Type Events All
Types, Mechanical Bulls, Extreme Attractions All Types, Orbitrons, Simulators, and Motoii2ed Events of
arena or track motorcycle racing and go-cart racing; 91,000,000 per occurrence for all other cont¡acts for
which liabilify insurance (and liquor liabilþ, if applicable) is required.
b. Automobile Liabilitv - Commerçial Automobile Liability coverage, on a per accident basis, at least as
broad as the curent ISO policy form # CA 0001, Symbol #1 (Any Auto) with limits of not less than
$1,000,000 combined single limiß per accident for contracts involving use of contractor vehicles (autos,
trucks or other licensed vehicles) on fairgrounds.
c. 'Workers' ComÞensation - 'Workers' Compensation coverage shall be maintained covering
contractor/renter's employees, as required by law.
d. Medical Malpractice - Medical Malpractice coverage with limits of not less than g1,000,000 per
occurrence shall be maintained for contracts invol 'ing medical services.
e' Liquor Liabilitv - Liquor Liability coverage with limits of not less than $ 1,000,000 per occurrence shall
be maintained for contracts involving the sale of alcoholic beverages.
4. Cancellation Notice: A statement by the insurance company that it will not cancel or reduce the limits or
coverages of said policy or policies without giving 30 days prior written notice to the named certif,rcate
holder.
5. Certificate Holder:
' For Individual Events Only - Fair, along with fair's address, is listed as the certificate holde¡,' For Master Insurance Certifìcates Only - Califomia Fai¡ Services Authority, Attn: Risk Management,
lTT6Ttibute Road, Suite 100, Sacramento, CA 95815 is listed as the certificate holder.
Revised June 1,2012
I:Vlsurance Requírements .doc
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CARNIVALAREA
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PEDE5TRIAN ENTRANCE
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CíLy PolÍee
PEDI5TRIAN ENTRANCE
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tr'resno City police Dept" wí11- manthe Garnival Area Ëhe paul paul
Theater aud the Com*srt5 Area.
Reserved Offícers rrÍl_1 man al_l- oÈherareas of the tr'aírgrounds.
Agree #'14-059
City of Fresno
Exhibit'6G"
The State shall defend, indemniff and save harmless the Contractor, its offrcers, agents and
employees from any and all claims, demands, damages, costs, expenses or liability arising out of
this agreement or occasioned by the performance or attempted performance of the provisions
hereof except those arising from the negligence or willful misconduct of the Contractor.
The Contractor shall defend, indemni$r and save harmless the State, its offrcers, agents and
employees from any and all claims, demands, damages, costs, expenses or liability arising out of
this agreement or occasioned by the performance or attempted performance of the provisions
hereof except those arising from the negligence or willful misconduct of the State.
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