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1 SERVICE AGREEMENT
This Service Agreement (“Agreement”) is dated ___________________ and is between County of Fresno, a political subdivision of the State of California (“County”), and the City of Fresno, a California municipal corporation (“City”).
Recitals
WHEREAS, County operates and maintains the Fresno County Jail (“Jail”) through its Sheriff’s Office (“Sheriff”); and
WHEREAS, City desires to house certain City arrestees at the Jail according to the terms as provided herein; and
WHEREAS, County is willing to reserve three (3) bed spaces for the purpose of housing City’s arrestees according to the terms as provided herein.
NOW, THEREFORE, in respect of the mutual promises contained herein, the sufficiency of which is acknowledged , in consideration of the mutual covenants, terms and conditions herein contained, the parties agree as follows:
Terms and Conditions
A. Three (3) bed spaces shall be reserved by County within the Jail for housing City’s arrestees as provided herein, provided however, (I) County’s Jail Population Management shall determine the specific location(s) of such bed spaces, and (II) this Agreement does not confer upon the City any right, title, or interest in the Jail. Unless modified pursuant to Article 11, section A, “Modification,” the total number of reserved bed spaces shall remain at three (3) at all times this Agreement is in effect.
B. City shall make timely payments to County as set forth in Section 4 “Compensation/Invoicing.”
C. Prior to, or at the time an officer of City’s Police Department presents a City arrestee for booking at the Jail, City’s Sergeant/Lieutenant shall inform the Sheriff’s Jail 1 2
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2 Watch Commander of City’s intent to make use of one of the three (3) bed spaces for purposes of housing the City arrestee. The Jail Watch Commander shall be available 24/7 at (559) 600-8440 for this purpose.
D. Upon being informed of City’s Sergeant/Lieutenant’s intent to make use of one of the three (3) bed spaces to house a City arrestee, the Jail Watch Commander shall determine whether one of the bed spaces is available for such purpose and shall inform the informing officer from the City’s Police Department whether one of the three (3) bed spaces is available. If one of the three (3) bed spaces is available, the Jail Watch Commander shall inform Jail staff and the officer from City’s Police Department that the City arrestee may be housed in one of the three (3) bed spaces. In the event that bed space is unavailable for any reason other than City’s reservation or use of all three (3) bed spaces, as provided herein, the Jail Watch Commander shall make such bed space available for the City arrestee after being informed of City’s intent to make use of such bed space, or in the alternative, City shall be refunded, or City’s next monthly payment offset, as described in Section 4, herein, for those days such bed space is unavailable for use by a City arrestee.
E. The Sheriff shall not decline acceptance of a City arrestee for housing in one of the three (3) bed spaces, or release a City arrestee from the Jail once he or she is accepted for housing in one of the three (3) bed spaces, for reasons related to the County’s Stipulation re Permanent Injunction; Order in John B. Cruz v. County of Fresno, filed February 25, 1994 (“Federal Court Order”), attached as Exhibit B.
F. City may only use the three (3) bed spaces under this Agreement to house City arrestees who are charged with and awaiting trial solely on violation of a local or state law.
G. The Sheriff shall provide for the secure custody, safekeeping, housing, subsistence, and care of City’s arrestees housed in each of the three (3) bed spaces in accordance with all state and local laws, standards, regulations, policies, and court orders applicable to the operation of the Jail.
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3 H. If a City arrestee housed in one of the three (3) bed spaces is released by the Sheriff, County shall inform City of the City’s arrestee’s release, and the reason for his or her release, and City shall have the right to fill such vacated bed space with another City arrestee under the terms of this Agreement. Notice of the release shall be satisfied by the Sheriff posting such information on the Sheriff’s webpage along with other jail releases.
I. City’s Police Department may inform the Jail Watch Commander at any time of City’s intent to no longer house a City arrestee in one of the three (3) bed spaces. Upon the Jail Watch Commander being so informed, the City arrestee will not be subject to the terms of this Agreement, but will be treated as a Jail inmate who is subject to the Federal Court Order.
J. If a City arrestee using one of the three (3) bed spaces is removed from the Jail and taken to an outside facility for medical treatment, the bed space used to house the hospitalized City arrestee under this Agreement shall remain unavailable for use by another City arrestee at all times the first City arrestee remains outside the Jail for medical treatment, and City shall pay County the applicable rate under Article 3, herein, for such period that the first City arrestee remains outside the Jail for medical treatment as if such bed space is used to house the first City arrestee under this Agreement.
K. In the event a City arrestee usi ng one of the three (3) bed spaces requires medical treatment at an outside facility, County shall inform City of such treatment and transportation within six (6) hours of transportation, or as soon as possible under the circumstances. City shall pay an hourly rate, at the applicable rate for such services, for each Correctional Officer II (“Guard”) assigned to a City arrestee when the arrestee is taken to an outside facility for medical treatment. The hourly rates to be charged by County, subsequently paid by City, are the rates set forth in the County’s Master Schedule of Fees, Charges, and Recovered Costs, Section 2609, subdivision (c), for Overtime rates, in place at the time the services are provided. The parties agree that if and when the Master Schedule of Fees, Charges, and Recovered Costs, Section 2609, subdivision (c), 1 2
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4 is amended, changed, or revised in any way that changes the rates being charge for the services identified in this Agreement, that the new rates will be charged by County, and paid by City, for any services provided pursuant to this Agreement, from the date of the amendment, change, or revision going forward. The parties further agree that if and when the Master of Schedule of Fees, Charge and Recovered Costs is amended, changed, or revised in any way that changes the rates being charged for the services identified in this Agreement, such amended, change, or revised rate will automatically and without any notice to City be incorporated into this Agreement, replacing any contrary or conflicting rate, from the effective date of the amendment, change, or revisions in the rate(s), and will become the new rate to be paid by City for services provided, from the effective date of the rate change forward. The parties acknowledge that the County’s Master of Fees, Charges, and Recovered Costs is subject to change. The number of Guards to be assigned shall be in accordance with the Fresno County Sheriff’s Office Jail Division Policies and Procedures, No. D -238, which County shall provide to City when this Agreement takes effect. County shall submit monthly invoices in arears to City for such Guard services. Invoices will be submitted within fifteen (15) days of the end of each month. City shall pay County with thirty (30) days of receipt of invoices for Guard services.
Not withstanding anything to the contrary in this Agreement, if City does not timely pay the full amount charge by County for such Guard services, County may, upon County’s Jail Population Management giving notice thereof to City’s Sergeant/Lieutenant, immediately cause the City arrestee not to be subject to the terms of this Agreement, and treat such City arrestee as a Jail incarcerated person who is subject to the Federal Court Order, provided however, such County action shall not affect County's right to receive such payment.
L. Invoices submitted by County to City under this section shall be addressed as follows:
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5 City of Fresno Police Department
2323 Mariposa
Fresno, CA 93717
Attention: Business Office
Payments by City to County under this section shall be addressed as follows:
Fresno County Sheriff’s Office
Attention: Business Office
P.O. Box 1788
Fresno, CA 93717
M. City’s Police Department may inquire with the Jail Watch Commander at any time to determinate the availability of bed space for City arrestees.
N. No City arrestee shall be housed under this Agreement at the West Annex Jail, located at 2208 Merced Street, Fresno, CA 93721, or any Jail facility for which construction has commenced after the date this Agreement is entered into by both parties.
O. The terms of this Agreement shall in no way affect City’s responsibil ities as the arresting agency with respect to each City arrestee housed in the three (3) bed spaces.
Term and Termination
A. Term. This Agreement is effective retroactive to July 1, 2024 and terminates on June 30, 2027, except as provided in Article 6, “Termination and Suspension.” The years (or portion of a year) of the term are as follows:
Year 1 July 1, 2024 – June 30, 2025
Year 2 July 1, 2025 – June 30, 2026
Year 3 July 1, 2026 – June 30, 2027
B. Termination
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6 1. Without Cause – This Agreement may be terminated by either party without cause or penalty by giving written notice to the other party at least thirty (30) days in advance of the effective date of such termination. City’s Police Chief shall have authority to terminate this Agreement on behalf of City pursuant to this paragraph. The Sheriff shall have authority to terminate this Agreement on behalf of County pursuant to this paragraph.
2. Non-Payment – County may immediately terminate this Agreement if any payment is not fully made by City pursuant to Article 3.
Compensation
A. City shall be charged at a rate of One Hundred and Sixty-Five Dollars ($165.00) per available bed space, per day, effective July 1, 2024, through June 30, 2027, as described in Exhibit A, attached and incorporated by this reference. The total daily rate for the three (3) bed spaces for the portion of the term July 1, 2024 through June 30, 2027 shall be Four Hundred and Ninety -Five Dollars ( $495.00). City shall pay such rates to County regardless of whether any of the three (3) bed spaces are being used or otherwise occupied by a City arrestee, or are being held unoccupied for a City arrestee. However, in the event that one or more of the three (3) bed spaces is unavailable for use by a City arrestee for any reason other than City’s reservation or use of all three (3) bed spaces , as provided in Article 1, Section D, City’s next monthly payment due shall be offset for each day that such bed space is unavailable for use by a City arrestee.
B. Sheriff shall invoice City for three (3) bed spaces in advance of the start of each month. City shall pay County prior to the start of each month for the three (3) bed spaces, at the rates set forth in Article 3, Section A, herein, for each and every day of the upcoming month. Any offset owed to City as a result of the unavailability of any of the three (3) bed spaces pursuant to Article 1, Section D or Article 3, Section A of this Agreement shall be 1 2
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7 applied to reduce the amount owed by City for the upcoming month. Monthly payment by City is due no later than the 25th day of each month before the monthly payment is due.
If, in the final month of the term of this Agreement, any of the three (3) bed spaces are unavailable to City for reasons other than City’s reservation or use of such bed spaces, County shall refund the amount due to City pursuant to Article 3, Section A, within thirty (30) days of the end of that month.
C. Invoice Addresses:
Invoices submitted by County to City under this section 3 shall be addressed as follows:
City of Fresno Police Department
2323 Mariposa Street
Fresno, CA 93717
Attention: Business Office
Payments by City to County under this section 3 shall be addressed as follows:
Fresno County Sheriff’s Office
Attention: Business Office
P.O. Box 1788
Fresno, CA 93717
Notices
A. Contact Information. The persons and their addresses having authority to give and receive notices provided for or permitted under t his Agreement include the following:
For the County:
County of Fresno
Sheriff’s Captain
Fresno County Assistant Sheriff
2200 Fresno Street
Fresno, CA 93721
Fax: (559) 600-8145
For the Contractor:
City of Fresno
Chief of Police
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8 Fresno Police Department
2323 Mariposa Street
Fresno, CA 93721
(559) 621-2000
B. Change of Contact Information. Either party may change the information in section D. by giving notice as provided in section F.
C. Method of Delivery. All notices between the County and City provided for or permitted under this Agreement must be in writing, state that it is a notice provided under this Agreement, and be delivered either by personal service, by first-class United States mail, by an overnight commercial courier service, by telephonic facsimile transmission, or by Portable Document Format (PDF) document attached to an email.
1. A notice delivered by personal service is effective upon service to the recipient.
2. A notice delivered by first-class United States mail is effective three County business days after deposit in the United States mail, postage prepaid, addressed to the recipient.
3. A notice delivered by an overnight commercial courier service is effective one County business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient.
4. A notice delivered by telephonic facsimile transmission or by PDF document attached to an email is effective when transmission to the recipient is completed (but, if such transmission is completed outside of County business hours, then such delivery is deemed to be effective at the next beginning of a County business day), provided that the sender maintains a machine record of the completed transmission.
D. Claims Presentation. For all claims arising from or related to this Agreement, nothing in this A greement establishes, waives, or modifies any claims presentation 1 2
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9 requirements or procedures provided by law, including the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810).
Termination and Suspension
A. Termination for Non-Allocation of Funds. The terms of this Agreement are contingent on the approval of funds by the appropriating government agency. If sufficient funds are not allocated, then the County, upon at least 30 days’ advance written notice to the Contractor, may:
1. Modify the services provided by the Contractor under this Agreement; or
2. Terminate this Agreement.
B. Termination for Breach.
1. Upon determining that a breach (as defined in paragraph (C) below) has occurred, the County may give written notice of the breach to the City. The written notice may suspend performance under this A greement, and must provide at least 30 days for the City to cure the breach.
2. If the City fails to cure the breach to the County’s satisfaction within the time stated in the written notice, the County may terminate this A greement immediately.
3. For purposes of this section, a breach occurs when, in the determination of the County, the City has:
i. Obtained or used funds illegally or improperly;
ii. Failed to comply with any part of this Agreement;
iii. Submitted a substantially incorrect or incomplete report to the County; or
iv. Improperly performed any of its obligations under this Agreement. 1 2
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10 C. Termination w ithout Cause. In circumstances other than those set forth above, the County may terminate this A greement by giving at least 30 days advance written notice to the City.
D. No Penalty or Further Obligation. Any termination of this Agreement by the County under this Article 5 is without penalty to or further obligation of the County.
E. County’s Rights upon Termination. Upon termination for breach under this Article 6, the County may demand repayment by the City of any monies disbursed to the City under this A greement that, in the County’s sole judgment, were not expended in compliance with this Agreement. The City shall promptly refund all such monies upon demand. This section survives the termination of this Agreement.
Independent Contractor
A. Status. In performing under this A greement, the City, including its officers, agents, employees, and volunteers, is at all times acting and performing as an independent contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County.
B. Verifying Performance. The County has no right to control , supervise, or direct the manner or method of the City ’s performance under this A greement, but the County may verify that the City is performing according to the terms of this Agreement.
C. Benefits. Because of its status as an independent contractor, the City has no right to employment rights or benefits available to County employees. The City is solely responsible for providing to its own employees all employee benefits required by law. The City shall save the County harmless from all matters relating to the payment of City ’s employees, including compliance with Social Security withholding and all related regulations.
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11 D. Services to Others. The parties acknowledge that , during the term of this Agreement, the City may provide services to others unrelated to the County.
Indemnity and Defense
A. Indemnity. The County shall indemnify, save and hold harmless, and at City’s request, defend the City , (including its officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the City, the County, or any third party that arise from or relate to the performance or failure to perform by the County (or any of its officers, agents, subcontractors, or employees) under this Agreement. The City may conduct or participate in its own defense without affecting the County’s obligation to indemnify and hold harmless or defend the City.
The City shall indemnify, save and hold harmless, and at County’s request, defend the County, (including its officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the C ounty, the City, or any third party that arise from or relate to the performance or failure to perform by the C ity (or any of its officers, agents, subcontractors, or employees) under this Agreement. The C ounty may conduct or participate in its own defense without affecting the C ity’s obligation to indemnify and hold harmless or defend the County.
In the event of concurrent negligence on the part of County or any of its officers, agents, or employees, and City or any of its officers, agents, or employees, 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.
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12 B. Survival. This Article 7 survives the termination or expiration of this Agreement.
Insurance
Without limiting the indemnification of each party as stated herein, it is understood and agreed that COUNTY and CITY shall each maintain, at their sole expense, insurance policies or self -insurance programs including, but not limited to, an insurance pooling arrangement and/or Joint Powers Agreement to fund their respective liabilities including general liability, automotive liability, workers’ compensation and em ployers liability.
Evidence of Insurance, e.g., Certificates of Insurance or other similar documentation, shall be provided at the request of either party under this Agreement.
Inspections, Audits, and Public Records
A. Inspection of Documents. The City shall make available to the County, and the County may examine at any time during business hours and as often as the County deems necessary, all of the City ’s records and data with respect to the matters covered by this A greement, excluding attorney -client privileged communications. The City shall, upon request by the County, permit the County to audit and inspect all of such records and data to ensure the City’s compliance with the terms of this Agreement.
B. State Audit Requirements. If this Agreement exceeds $10,000, the County and City shall be subject to the examination and audit of the California State Auditor, as provided in Government Code section 8546.7, for a period of three years after final payment under this Agreement. This section survives the termination of this Agreement.
C. Public Records. The County is not limited in any manner with respect to its public disclosure of this Agreement or any record or data that the City may provide to the County. The County’s public disclosure of this Agreement or any record or data that the City may provide to the County may include but is not limited to the following:
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13 1. The County may voluntarily , or upon request by any member of the public or governmental agency , disclose this Agreement to the public or such governmental agency.
2. The County may voluntarily , or upon request by any member of the public or governmental agency, disclose to the public or such governmental agency any record or data that the City may provide to the County, unless such disclosure is prohibited by court order.
3. This Agreement, and any record or data that the City may provide to the County, is subject to public disclosure under the Ralph M. Brown Act (California Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
4. This Agreement, and any record or data that the City may provide to the County, is subject to public disclosure as a public record under the California Public Records Act (California Government Code, Title 1, Division 10, beginning with section 7920.000) (“CPRA”).
5. This Agreement, and any record or data that the City may provide to the County, is subject to public disclosure as information concerning the conduct of the people’s business of the State of California under California Constitution, Article 1, section 3, subdivision (b).
6. Any marking of confidentiality or restricted access upon or otherwise made with respect to any record or data that the City may provide to the County shall be disregarded and have no effect on the County’s right or duty to disclose to the public or governmental agency any such record or data.
D. Public Records Act Requests. If the County receives a written or oral request under the CPRA to publicly disclose any record that is in the City’s possession or control, and which the County has a right , under any provision of this Agreement or applicable 1 2
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14 law, to possess or control, then the County may demand, in writing, that the City deliver to the County, for purposes of public disclosure, the requested records that may be in the possession or control of the City. Within five business days after the County’s demand, the City shall (a) deliver to the County all of the requested records that are in the City ’s possession or control, together with a written statement that the City, after conducting a diligent search, has produced all requested records that are in the City’s possession or control, or (b) provide to the County a writ ten statement that the City, after conducting a diligent search, does not possess or control any of the requested records. The City shall cooperate with the County with respect to any County demand for such records. If the City wishes to assert that any specific record or data is exempt from disclosure under the CPRA or other applicable law, it must deliver the record or data to the County and assert the exemption by citation to specific legal authority within the written statement that it provides to the County under this section. The City’s assertion of any exemption from disclosure is not binding on the County, but the County will give at least 10 days’ advance written notice to the City before disclosing any record subject to the City ’s assertion of exemption from disclosure. The City shall indemnify the County for any court-ordered award of costs or attorney’s fees under the CPRA that results from the City’s delay, claim of exemption, failure to produce any such records, or failure to cooperate with the County with respect to any County demand for any such records.
Disclosure of Self-Dealing Transactions
A. Applicability. This Article 10 applies if the City is operating as a corporation, or changes its status to operate as a corporation.
B. Duty to Disclose. If any member of the City ’s board of directors is party to a self-dealing transaction, he or she shall disclose the transaction by completing and 1 2
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15 signing a “Self-Dealing Transaction Disclosure Form” ( Exhibit C to this Agreement) and submitting it to the County before commencing the transaction or immediately after.
C. Definition. “Self-dealing transaction” means a transaction to which the City is a party and in which one or more of its directors, as an individual, has a material financial interest.
General Terms
A. Modification. Any matters of this Agreement may be modified from time to time by written consent of all the parties without, in any way, affecting the remainder.
B. Non-Assignment. Neither party may assign, transfer or sub-contract its rights or delegate its obligations under this A greement without the prior written consent of the other party.
C. Governing Law. The laws of the State of California govern all matters arising from or related to this Agreement.
D. Jurisdiction and Venue. This Agreement is signed and performed in Fresno County, California. City consents to California jurisdiction for actions arising from or related to this A greement, and, subject to the Government Claims Act, all such actions must be brought and maintained in Fresno County.
E. Construction. The final form of this A greement is the result of the parties’ combined efforts. If anything in this A greement is found by a court of competent jurisdiction to be ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement against either party.
F. Days. Unless otherwise specified, “days” means calendar days.
G. Headings. The headings and section titles in this A greement are for convenience only and are not part of this Agreement.
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16 H. Severability. If anything in this A greement is found by a court of competent jurisdiction to be unlawful or otherwise unenforceable, the balance of this A greement remains in effect , and the parties shall make best efforts to replace the unlawful or unenforceable part of this A greement with lawful and enforceable terms intended to accomplish the parties’ original intent.
I. Interpretation. The parties acknowledge that this Agreement in its final form is the results of the combined efforts of the parties and that , should any provisions of this Agreement be found to be ambi guous in any way, such ambiguity shall not be resolved by construing this Agreement in favor or against either party, but rather construing the terms in accordance with their generally accepted meaning.
J. Nondiscrimination. During the performance of this Agreement, the City shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military status or veteran status pursuant to all applicable State of California and f ederal statutes and regulation.
K. No Waiver. Payment, waiver, or discharge by the County of any liability or obligation of the City under this Agreement on any one or more occasions is not a waiver of performance of any continuing or other obligation of the City and does not prohibit enforcement by the County of any obligation on any other occasion.
L. Entire Agreement. This Agreement, including its exhibits, is the entire agreement between the City and the County with respect to the subject matter of this Agreement, and it supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature unless those things are expressly included in this Agreement. If there is any inconsistency between the 1 2
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17 terms of this A greement without its exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving precedence first to the terms of this Agreement without its exhibits, and then to the terms of the exhibits.
M. No Third-Party Beneficiaries. This Agreement does not and is not intended to create any rights or obligations for any person or entity except for the parties.
N. Consistent Federal Income Tax Position. City acknowledges that the County Jail referred to herein has been acquired, constructed, and/or improved using net proceeds of governmental tax-exempt bonds ("Bond-Financed Facility"). City agrees that, with respect to this Agreement and the Bond Financed Facility, City is not entitled to take, and shall not take, any position (also known as a "tax position") with the Internal Revenue Service ("IRS") that is inconsistent with being a "service provider" to the County, as a "qualified user" with respect to the Bond Financed Facility, as "managed property," as all of those terms are used in Internal Revenue Service Revenue Procedure 2017 -13, and to that end, for example, and not as a limitation, City agrees that City shall not, in connection with any federal income tax return that it files with the IRS or any other statement or information that it provides to the IRS, (a) claim ownership, or that City is a lessee, of any portion of the Bond Financed Facility, or (b) claim any deprec iation or amortization deduction, investment tax credit, or deduction for any payment as rent with respect to the Bond-Financed Facility.
O. Authorized Signature. The City represents and warrants to the County that:
1. The City is duly authorized and empowered t o sign and perform its obligations under this Agreement.
2. The individual signing this A greement on behalf of the City is duly authorized to do so and his or her signature on this Agreement legally binds the City to the terms of this Agreement.
P. Electronic Si gnatures. The parties agree that this Agreement may be 1 2
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18 executed by electronic signature as provided in this section.
1. An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) version of an original handwritten signature.
2. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person.
3. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1).
4. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation.
5. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature.
Q. Counterparts. This Agreement may be signed in counterparts, each of which is an original, and all of which together constitute this Agreement. [SIGNATURE PAGE FOLLOWS]
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19 The parties are signing this Agreement on the date stated in the introductory clause.
CITY OF FRESNO, a California
municipal corporation
By:____________________________
Paco Balderrama
Chief of Police
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By: ____________________________
Jennifer M. Wharton Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:____________________________
Deputy Date
COUNTY OF FRESNO, a political
subdivision of the State of California
________________________________
Nathan Magsig, Chairman of the Board of
Supervisors of the County of Fresno
Attest:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: _______________________
Deputy
For accounting use only:
Org No.: 31114000
Account No.: 5031
Fund No.: 0001
Subclass No.:10000
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Exhibit A
A-1
City of Fresno – Fresno Police Department
Sheriff-Coroner-Public Administrator, County of Fresno
Jail Beds and Master Schedule of Fees
Term of Agreement
Effective July 1, 2024 through June 30, 2027
Total number of beds:
3 Beds
Fiscal
Year
Description Total
# of
beds
Rate Rate
Per
Day
Total Per Year
FY2024-25 From 7/1/2024 –
6/30/2025
3 $165
$495
$ 180,675
FY2025-26 From 7/1/2025 –
6/30/2026
3 $165
$495
$ 180,675
FY2026-27 From 7/1/2026 -
6/30/2027
3 $165
$495
$ 180,675
Total 3 Years
Agreement
$ 542,025
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Exhibit B
B-1
(“Federal Court Order”): Order in John B. Cruz v. County of Fresno, filed February 25, 1994, as referenced attached.
C-1
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno (“County”), members of a contractor’s board of directors (“County Contractor”), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest.” The definition above will be used for purposes of completing this disclosure form.
Instructions
(1) Enter board member’s name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member’s company/agency name and address. (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation’s transaction that the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code.
The form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4).
C-2
(1) Company Board Member Information:
Name: Date:
Job
Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code § 5233 (a)
(5) Authorized Signature
Signature
:
Date: