Services
Agreement
(
Limited
)
Page
1 of
7 Form 2.
1.3 (
2022
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0 3
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Crime Analyst
SERVICES
AGREEMENT
(
LIMITED
)
Napa County Community Corrections Partnership (CCP) Reimbursement –
Crime Analyst
This
Services
Agreement
(Limited)
for
Reimbursement for a
Crime Analyst
(“
Agreement
”)
, by and between
the
City of Napa, a California charter city
(
“
City
”
), and
County of Napa, a political subdivision of the
State of California, (“
County
”),
is effective on the Effective Date
identified on the signature page.
A.
On March 8, 2022, The County’s Community Corrections Partnership (CCP), approved $598,288 over
three (3) years to offset the cost of a City
Crime Analyst
. The City
Crime Analyst
shall
p
rovide the Scope of Services outlined in Exhibit “A.” The County's Probation Department serves as a fiduciary
for CCP’s funding.
NOW, THEREFORE, t
he
City and
the
C
ounty
,
for the
mutual
consideration
described
herein, agree
as follows:
1. SCOPE OF
SERVICES
.
1.1. Services
.
City
will
perform the services
described
in
the
Scope of
Services
and Schedule of
Performance
,
attached hereto as
Exhibit
“
A
”
and incorporated herein by reference
(“
Services
”), in
accordance with the terms and conditions of this
Agreement
.
1.2. Independent Contractor
. C
ity
will
control the manner
and means for performing
the
S
ervices
,
acting as
an independent contractor and not
as
an employee of the C
ounty
.
2. COMPENSATION
.
2.1. Payment
.
The
C
ounty
will
pay C
ity
for C
ity
’s time and authorized expenses necessary to perform
the Services, at the rates and charges set forth in the Compensation Rates and Charges
attached hereto
as
Exhibit “B”
and incorporated herein by reference
,
as compensation in full for
S
ervices
satisfactorily
performed
in compliance with
this Agreement
.
C
ity
’s total compensation for performing the Services
may
not
exceed $
598,288
, without prior written authorization from the C
ounty
.
2.2. Invoices
.
C
i
t
y
will
submit
a
monthly
itemized
invoice
to the C
ounty
’s Authorized Representative
for the Services provided during the preceding month.
The County will pay the City within 30 days after
approval of each invoice, with the exception of any disputed amounts .
3. AUTHORIZED REPRESENTATIVE
.
C
ounty
hereby assigns
the Chief of Probation Officer or designee
to serve
as the Co
unty
’s
authorized representative (“
Co
unty
’s Authorized Representative
”)
,
and
t
o serve
as the primary point of contact for all matters
pertaining to this Agreement
.
City her
e
by assigns Jennifer
Gonzales, Police Chief, to serve as the City’s authorized representative (“ City’s
Authorized
Representative
”),
and to serve as the primary point of contract for all matters pertaining to this Agreement.
4. NOTICES
.
All
notices or requests
required or contemplated by this Agreement
will
be in writing and
delivered to the
other party’s
Authorized
Representative by personal delivery, U.S. Mail, nationwide overnight delivery service, email
, or as otherwise specified herein
.
Delivery is
deemed effective upon the
first to occur of: (a) actual receipt by a party’s
A
uthorized
Representative
, (b) actual r
eceipt at the address
identified below, or (c) three
business
days following deposit in the
U.S.
Mail of registered or certified mail
sent to the address identified below.
A party’s
contact information
, below, may be
changed
by providing
written
notice
of
any change
to the other party.
ATTACHMENT 1
ATTACHMENT 1
City Budget Code:
10121201-43722
City Agreement No. _________________
Services
Agreement
(
Limited
)
Page
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7 Form 2.
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Crime Analyst
TO CITY:
Jennifer Gonzales, Police Chief
CITY OF NAPA
P.O. Box 660
NAPA, CA 94559
-
0660
TO C
OUNTY
:
Amanda Gibbs,
Chief Probation Officer
NAPA COUNTY PROBATION
DEPARTMENT
212 Walnut Street
N
APA
, CA 94559
amanda.gibbs
@countyofnapa.org
5. TERM
. The term of this Agreement
begins on the
date it is signed by the City Clerk,
below,
attesting
to
full
execution of the Agreement by both parties (“
Effective Date
”)
,
and ends upon C
ity
’s
completion of
the Services
required by this Agreement,
or by June 30, 2025, whichever is earlier,
unless terminated earlier
as provided herein
.
The following
provisions will survive expiration or termination of this Agreement:
Section
7 (Dispute Resolution),
Section
8 (Indemnification),
and Section 1
0 (General Provisions)
.
6. RIGHT TO TERMINATE
.
Either party
may
terminate this Agreement
for convenience
(with or without
cause
)
by
providing written notice
of
termination
to
the other party
, effective upon the date stated in the
notice
. If the City terminate
s
the
Agreemen
t the County
will
pay C
ity
for all
Services
satisfactorily
performed
up to
and including the
effective
date of the termination
.
7. D
ISPUTE RESOLUTION
.
If any dispute arises between the parties in relation to this Agreement, the Authorized Representatives for each party will meet, in person, as soon as practicable, to engage in a good
faith effort to resolve the dispute informally.
Either party may give written notice to the other party of a request to submit a
dispute
to mediation, and a mediation session must take place within 60 days of the da te that such
notice is given, or sooner if reasonably practicable. The parties will jointly appoint a mutually acceptable mediator. The parties will share equally the costs of the mediator; however, each party will pay its own costs of preparing for and pa
rticipating in the mediation, including any legal costs. Good faith participation in mediation pursuant to this Section is a condition precedent to either party commencing litigation in relation to the dispute.
8. INDEMNIFICATION
. To the full extent permit
ted by law
,
C
ity
will indemnify, hold harmless, release,
and defend the C
ounty
(including its officers, elected or appointed officials, employees, volunteers, and agents) from and against any and all liability or claims (including actions, demands, damages, injuries, settlements, losses, or costs [including legal costs and attorney' s fees]) (collectively, “
Liability
”) of any
nature, arising out of, pertaining to, or relating to C ity
’s
acts or omissions under
this Agreement
.
Consistent
with Civil Code Section 2782,
C
ity
will not be obligated to indemnify C
ounty
for the proportionate s
hare of
the Liability caused by the C
ounty’
s
active negligence,
sole negligence
,
or willful misconduct. C
ity
indemnification obligations under this Agreement are not limited by any limitations of any insurance held by C
ity
, including, but not limited to
,
w
orkers’ compensation insurance.
To the full extent permitted by law
,
C
ounty
will indemnify, hold harmless, release, and defend the C ity
(including its officers, elected or appointed officials, employees, volunteers, and agents) from and against any and all
Liability
of any nature, arising out of, pertaining to, or relating to C ounty
’s
acts or omissions
under
this Agreement
. Consistent wit
h Civil Code Section 2782,
C
ounty
will not be obligated to indemnify
C
ity
for the proportionate share of the Liability caused by the C ity
’
s
active negligence,
sole negligence
,
or
willful misconduct. C
ounty’s
indemnification obligations under this Agreement
are not limited by any
limitations of any insurance held by C
ounty
, including, but not limited to
,
workers’ compensation
insurance.
9. COMPLIANCE WITH LAW
.
C
ity
will comply with all applicable federal, state and local laws, rules ,
and
regulations related to the Services under this Agreement.
At all times during the term of this Agreement,
C
ity
will
comply with all applicable laws, rules, and regulations prohibiting discrimination in employment based on
race,
ethnicity,
color, natio
nal origin,
religion, marital status, age, sex, sexual orientation, disability
ATTACHMENT 1
ATTACHMENT 1
Services
Agreement
(
Limited
)
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Crime Analyst
(including any
physical
or mental impairment that substantially limits a major life activity),
medical condition,
or
any protected class.
Every provision of law required to be
inserted or referenced in this Agreement will
be deemed to be inserted or referenced.
10. GENERAL PROVISIONS
.
10.1. Headings
. The heading titles for each
section
of this Agreement are included only as a guide to
the contents and are not to be
considered as controlling, enlarging, or restricting the interpretation of the Agreement.
10.2. Severability
. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement
will
be
construed as not containing that term, and the remainder of this Agreement will
remain in full force and
effect; provided, however, this
S
ection
will
not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement.
10.3. Governing Law, Jurisdiction, and Venue
. The interpretation, validity, and enforcement of this Agreement
will
be governed and interpreted in a
ccordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement will
be filed and heard in a court of
competent jurisdiction in the County of Napa.
10.4. Attorney’s Fees
.
If
any
litigation
is comm
enced to enforce or interpret this Agreement, the
prevailing party is entitled to reasonable attorney’s fees, costs, and expenses .
10.5. Assignment and Delegation
. This Agreement
will
not be assigned or transferred
in whole or in
part
, without the City
’s
prior written consent
. Any attempt to assign
, transfer,
or delegate this Agreement
, in
whole
or any part
without the City
’s prior written consent
will
be void and of no force or effect. A
ny
consent
by the City to one assignment
, transfer, or delegation
wil
l
not be deemed to be consent to any subsequent
assignment
, transfer, or delegation
.
10.6. Modifications
. This Agreement may not be
amended or
modified orally
.
No amendment or
modification of this Agreement is binding unless it is in a writing signed by both p arties.
10.7. Waivers
.
No waiver of a breach
,
default
, or duty under this Agreement will be effective unless it is in writing and signed by the party waiving the breach, default, or duty.
Waiver of a breach
,
default
, or
duty
under this Agreement
will
not constitute a continuing waiver or a waiver of a
ny
subsequent breach
, default,
or duty under
this Agreement.
10.8. Entire Agreement
. This Agreement, including all documents incorporated herein by reference, comprises the entire in
tegrated understanding between the parties concerning the S
ervices. This
Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement
are complementary;
what is called for in one is binding as if called for in all.
If any provision in any document attached or
incorporated into this Agreement conflicts or is inconsistent with a provision in the body of this Agreement, the provisions in t
he body of this Agreement will control over any such conflicting or inconsistent provisions.
10.9. Interpretation
. Each party to this Agreement has had an opportunity to review the Agreement, and to consult
with
its respective
legal counsel regarding the meaning of the Agreement. Accordingly, Civil Code
s
ection 1654
will not apply
to interpret any uncertainty in the meaning of the Agreement.
[Signature page follows.]
ATTACHMENT 1
ATTACHMENT 1
Services
Agreement
(
Limited
)
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Crime Analyst
11. SIGNATURE PAGE
.
11.1. Counterparts
. This Agreement may be
executed in counterparts, each one of which is deemed
an original, but all of which together constitute a single instrument.
11.2. Signatures
; Electronic Signatures
. The individuals executing this Agreement represent and warrant that they have the right, power
, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the C ounty
and the City.
The
p
arties agree that this
Agreement may be executed and transmitted electronically and that electronic sig natures shall have the
same force and effect as original signatures in accordance with the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq.; the California Uniform Electronic Transactions Act, Civil Code Section 1633.1 et s
eq. and California Government Code Section 16.5.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the Effective Date set forth below.
CITY:
CITY OF NAPA, a California charter city
By:
Jennifer Gonzales, Police Chief
ATTEST:
Tiffany Carranza
, City Clerk
Date:
(“
Effective Date
”)
COUNTERSIGNED:
Joy Riesenberg
, City Auditor
APPROVED AS TO FORM:
Michael W. Barrett, City Attorney
COUNTY:
COUNTY OF NAPA, a political subdivision of the State of California
By_______________________________________
RYAN GREGORY, Chair
Board of Supervisors
County of Napa
ATTACHMENT 1
ATTACHMENT 1
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Crime Analyst
APPROVED AS TO FORM
Office of County Counsel
By
:
_________________
Deputy C
ounty Counsel
Date:
_________________
APPROVED BY THE NAPA
COUNTY
BOARD OF SUPERVISORS
Date:
Processed By:
Deputy Clerk of the Board
ATTEST:
NEHA HOSKINS
Clerk of the Board of Supervisors
By:
________________________
ATTACHMENT 1
ATTACHMENT 1
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Agreement
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Crime Analyst
EXHIBIT
“
A
”
SCOPE OF
SERVICES
AND
SCHEDULE OF PERFORMANCE
1.0. SCOPE OF SERVICES
. C
ity
will perform the Services described in this Exhibit “A,” in accordance with the terms of the Agreement.
The
City
Crime Analyst
shall
:
1. Review local, state
and federal law enforcement systems and generate monthly and quarterly intelligence reports related to:
•
crime trends
•
prolific offenders
•
“Problem People and Problem Places” based upon calls for service
•
recently issued arrest warrants
•
out
-
of
-
compliance
sex offenders
•
recently released high
-
risk offenders
•
individuals
who pose
a
public safety threat
•
individuals whose
actions threaten our community’s quality of life
•
other
criteria
to be mutually agreed to by County and the City
2. Provide case supp
ort to Napa County law enforcement partners through Napa County Major Crimes Task Force agreement.
3. Generate monthly stat and crime trend reports for
the City and County partners
4. To the extent appropriate and lawfully permissible,
distribute
i
nformation and intelligence from these
findings and assessments
to:
•
l
ocal, state and federal law enforcement
•
c
riminal justice agencies including, but not limited to, Napa County’s Probation D
epartment,
District Attorney’s Office and Superior Court
•
N
orthern California Regional Intelligence Center (N
CRIC
)
and NCRIC
-
approved Private Sector
members/partners
•
Northern C
alifornia
High Intensity Drug Trafficking Area (NC HIDTA) Task Forces & Initiatives
•
l
ocal government
•
n
on
-
government organizations (NGOs)
•
o
ur community
5. Be responsible
for generating, receiving and
vetting Suspicious Activity Reporting (SARs)
•
generate, collect, vet and forward Napa County Suspicious Activity Reports (SARs)
•
receive, vet and share SAR information from NCRIC’s Vetting and Awareness Team (VAT) relative to Napa County
6. To maintai
n the standard level of expertise and skill set, the NCRIC Crime Analyst
will participate in
trainings, certifications, briefings, and conferences as determined by a NCRIC Lead Analyst or NCRIC Management.
The training cost and travel expenses associated
with the training
shall be paid
by the
NCRIC
.
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ATTACHMENT 1
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Crime Analyst
EXHIBIT
“
B
”
COMPENSATION RATES AND CHARGES
1. Notwithstanding the requirements of Section 2.2 of the Agreement, the City is not required to identify hourly rates for services performed under this
Agreement. Rather, the County shall pay the City a
monthly fee of $15,815.17 for FY2022/23, $16,605.92 for FY2023/24, and $17,436.25 for FY2024/25.
2. Total County payment to City shall not exceed $598,288 for the term of this Agreement.
ATTACHMENT 1
ATTACHMENT 1