City of Wasco City Council Special Meeting Agenda, June 12, 2024
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AGENDA AVAILABILITY: The City Council Agenda is posted on the bulletin board at the entry of City Hall 746 8th Street, Wasco, at the entrance of 764 E Street, Wasco, and at the entry of the Sheriff’s Office 748 F Street, Wasco. The agenda packet, meeting minutes, and archived City Council meetings are available on the City’s website at www.cityofwasco.org.
AGENDA MATERIALS: City Council agenda materials are released no later than 24 hours prior to a Special meeting and are available to the public at the City Clerk’s Office, 746 8
th Street, Wasco, CA, in a public binder at each City Cou ncil meeting, and on the City’s website at https://www.cityofwasco.org/AgendaCenter
PUBLIC COMMENTS: This is a special meeting , and only comments or statements concerning the Agenda items listed below are allowed (GC54954.3a). Public comments may be made in person or via email . If you would like to submit a public comment via email, please submit email comments to [email protected] no later than 2:00 p.m. June 12, 2024.
SPANISH INTERPRETATION: If you need an interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at 661-758-7215 or via email at [email protected]. Subject to availability
INTERPRETACIÓN EN ESPAÑOL: Si necesita una interpretación de sus comunicaciones al Concejo Municipal del español al inglés, comuníquese con el Departamento del Secretario de la Ciudad al 661 -758-7215 o por correo electrónico a [email protected]. Sujeto a disponibilidad.
SPECIAL MEETING – 4:00 p.m.
1) CALL TO ORDER: Mayor
2) ROLL CALL: Mayor Garcia, Mayor Pro Tem Medina, Council Members: Martinez, Reyna, Saldaña
3) FLAG SALUTE: led by the Mayor
AGENDA
Special City Council Meeting,
Successor Agency to the
Former Redevelopment Agency and the
Wasco Public Finance Authority
Wednesday, June 12, 2024 – 4:00 p.m.
Council Chambers
746 8th Street, Wasco, CA 93280
www.cityofwasco.org
City of Wasco City Council Special Meeting Agenda, June 12, 2024 4) NEW BUSINESS:
a. Adopt A Resolution Authorizing the City Manager or Designee to Accept the Kern County Fentanyl Misuse and Overdose Prevention Task Force Fund Award o f Approximately $250,000.00 a nd Execute a n Allocation Disbursement Agreement and any Amendments thereto for the Implementation Assembly Bill Number 33 Of 2023 (AB33) Fentanyl Misuse and Overdose Prevention Task Force , and Find the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is, therefore, not subject to review under CEQA.
5) ADJOURNMENT:
This is to certify that this agenda was posted at Wasco City Hall on June 11, 2024, on/or before 4:00 p.m., 24 hours before the scheduled meeting. The agenda is also available on the City website at www.cityofwasco.org.
______________________________________
Monica Flores
Deputy City Clerk
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TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Maria Lara, Assistant City Manager
Charlie Fivecoat, Chief of Police
DATE: June 12, 2024
SUBJECT: Adopt A Resolution Authorizing t he City Manager o r Designee t o Accept the Kern County Fentanyl Misuse And Overdose Prevention Task Force Fund Award of Approximately $250,000.00 a nd Execute a n Allocation Disbursement Agreement a nd any Amendments t hereto for the Implementation Assembly Bill Number 33 Of 2023 (A B33) Fentanyl Misuse and Overdose Prevention Task Force.
Recommendation:
Staff recommends that the City Council:
1) Adopt a Resoluti on authorizing the City Manager or designee to accept the award and execute an agreement and any amendments thereto for the Kern County Misuse and Overdose Prevention Task Force Fund Allocation Disbursement Agreement between the County of Kern and Wasco City Police Department; and
2) Find the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is, therefore, not subject to review under CEQA.
Environmental Review:
This action is not a project within the meaning of CEQA Guidelines Section 15378 . It is , therefore, not subject to CEQA since it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the City to a de finite course of action concerning a project since the action authorized herein may lead to the negotiation of a grant agreement . This proposed activity is, therefore, not subject to CEQA . Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.
STAFF REPORT
City of Wasco
Discussion:
The County of Kern is the recipient of an allocation from the State of California under Assembly Bill Number 33 of 2023 – Fentanyl Misuse and Overdose Prevention Task Force (“Assembly Bill”), introduced by Assembly Member Bains, for Agency to provide various duties relating to fentanyl misuse, including, among others, collecting and organizing data on the nature and extent of fentanyl misuse in California, identification and assessment of sour ces and drivers of legal and illicit fentanyl and xylazine activity in California, and evaluating approaches to increase public awareness of fentanyl misuse, develop methods to strengthen state and local efforts to prevent fentanyl misuse, review and recommend model treatment protocols for medication-assisted treatment (MAT) of fentanyl misuse.
The County of Kern desires to partner with the Wasco Police Department and allocate two hundred and fifty thousand dollars ($250,000.00) to prevent, enforce, and educate about fentanyl and xylazine misuse. The project/grant objective is to focus on combating drug issues in collaboration with local, state, and federal law enforcement agencies, specifically focusing on investigations related to fentanyl, community educ ation initiatives, and data collection. Therefore, the City of Wasco Police Department intends to utilize these one-time funds for the following activities:
• Personnel Costs ($75,00.00): PAL Community Outreach Administrator responsible for program development and coordination of education classes and information campaigns.
• Training and Equipment ($100,000): Specialized training programs and equipment for detectives and the acquisition of equipment for effective drug detection and investigations.
• Community Education Initiatives ($30,000.00): Develop and implement educational programs to raise awareness about the dangers of drug abuse, particularly fentanyl. Conduct outreach campaigns to engage with schools, community centers, and local organizations.
• Operational Expenses ($ 45,000.00): Administrative costs essential for supporting and operating the Wasco City Police Department’s task force efforts.
Fiscal Impact:
There is no local match requirement. The city shall deposit allocation dollars in a special account designated Fentanyl Misuse and Overdose Prevention Task Force Fund, separate from all other accounts. This account shall reflect all receipts and expenditures of funds allocated. The City shall utilize such funding from the date of this Agreement through January 1, 2026.
Disbursement of Allocation dollars. Funds will be disbursed entirely to the City of Wasco at the beginning of the term. The City shall provide accurate records of all its costs, disbursements, and receipts for the funds used under this Agreement. Note that these are one-time funds.
Attachments:
1. Resolution
2. Kern County Fentanyl Misuse and Overdose Prevention Task Force Fund Allocation Disbursement Agreement
RESOLUTION NO. 2024 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE
CITY MANAGER OR DESIGNEE TO ACCEPT THE KERN COUNTY FENTANYL MISUSE
AND OVERDOSE PREVENTION TASK FORCE FUND AWARD OF APPROXIMATELY $250,000.00 AND EXECUTE AN ALLOCATION DISBURSEMENT AGREEMENT AND ANY AMENDMENTS THERETO FOR THE IMPLEMENTATION OF ASSEMBLY BILL NUMBER 33 OF 2023 (AB33) FENTANYL MISUSE AND OVERDOSE PREVENTION TASK FORCE WHEREAS, the City of Wasco (herein referred to as AGENCY) desires to engage with the County of Kern to implement AB33 Fentanyl Misuse and Overdose Prevention Task Force and receive an award of two hundred fifty thousand dollars ($250,000); and WHEREAS, AGENCY desires to undertake this project designated as “Wasco AB33 Fentanyl Misuse and Overdose Task Force Project” to be funded from funds made available through the Kern County Fentanyl Misuse and Overdose Prevention Task Force Fund Allocation administered by the County of Kern (hereafter referred to as County); and
WHEREAS, AGENCY is authorized to accept the award, execute the agreement and any amendments, incur grant-related expenses and budget appropriations, and receive reimbursement thereto under the Kern County Fentanyl Misuse and Overdose Prevention Task Force Allocation Disbursement Agreement, and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wasco, by adopting this resolution, does hereby state that:
SECTION 1: AGENCY authorizes its City Manager, or designee , to execute the grant agreement and any amendments , incur grant -related expenses and budget amendments, budget appropriations, and request and receive reimbursement for those expenses.
BE IT FURTHER RESOLVED that the City Manager or designee is hereby authorized and empowered to execute in the name of the City of Wasco all project documents, including but not limited to agreements, amendments, reports , budget appropriations, amendments, and requests for payment, necessary to secure funds and implement the approved project.
-o0o-
I HEREBY CERTIFY that the foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a special meeting thereof held on June 12, 2024, by the following vote:
COUNCIL MEMBERS: GARCIA, MEDINA, MARTINEZ, REYNA, SALDAÑA AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
ALEXANDRO GARCIA,
MAYOR of the City of Wasco
Attest: _______________
__________________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
Kern County Fentanyl Misuse and Overdose Prevention Task Force Fund Allocation Disbursement Agreement
County of Kern – Wasco City Police Department
This Allocation Disbursement Agreement is made and entered into on the 12th of June 2024 by and between the County of Kern, a political subdivision of the State of California (hereinafter “County”) and Wasco City Police Department (hereinafter “Agency”). County and Agency are referred to individually as “Party” and collectively as “Parties.”
WITNESSETH:
WHEREAS:
a) The County of Kern is the recipient of an allocation from the State of California under Assembly Bill Number 33 of 2023 – Fentanyl Misuse and Overdose Prevention Task Force (“Assembly Bill”), introduced by Assembly Member Bains, for Agency to provide various duties relating to fentanyl misuse, including, among others, collecting and organizing data on the nature and extent of fentanyl misuse in California, identification and assessment of sources and drivers of legal and illicit fentanyl and xylazine activity in California, and evaluating approaches to increase public awareness of fentanyl misuse, develop methods to strengthen state and local efforts to prevent fentanyl misuse, review and recommend model treatment protocols for medication-assisted treatment (MAT) of fentanyl misuse;
b) County desired to engage Agency in accordance with the proposal(s) submitted to Assembly Member Bains, attached within Exhibit A of this agreement, and approved by Assembly Member Bains.
c) Agency is a local law enforcement agency within the county and desires to utilize allocation dollars for the purposes of participating in the Fentanyl Misuse and Overdose Prevention Task Force (“Task Force”) activities and associated responsibilities including, but not limited to, regular meetings and reporting as determined by the Task Force; and
d) Agency has submitted a project proposal to be considered for an allocation of this funding which has been reviewed and approved by Assemblymember Bains for the purposes of preventing, enforcing, and education related to fentanyl and xylazine misuse.
NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, County and Agency agree as follows:
1. County’s Obligation. County will make an allocation in the maximum amoun t of two hundred fifty thousand d ollars ($ 250,000) to the Agency subject to the terms and conditions set forth herein.
2. Purpose. Agency will utilize the funds for the purposes of preventing, enforcing, and treating fentanyl misuse as described within “Exhibit A” of this agreement.
3. Deposit of Funds. Agency shall deposit allocation dollars in a special account designated Fentanyl Misuse and Overdose Prevention Task Force Fund, separate and apart from all other accounts, which shall reflect all receipts and expenditures of funds allocated by County only.
4. Term. Agency shall utilize such funding during a period from the date of this Agreement through January 1, 2026.
5. Disbursement of Allocation dollars. Funds will be disbursed entirely at the beginning of the term. Agency shall provide accurate records of all its costs, disbursements and receipts for the funds used under this Agreement.
6. Non-appropriation. County reserves the right to terminate this Agreement in the event insufficient funds are appropriated or budgeted for this Agreement in any fiscal year. Upon such termination, County will be released from any further financial obligation to Agency, except for services performed prior to the date of termination. Recipient will be given thirty (30) days written notice in the event that such action is required by County.
7. Assignment. Agency shall not assign, transfer, or encumber this Agreement, or any part, and Agency shall not assign any monies due or which become due to Agency under this Agreement, without the prior written consent of the County.
8. Audit, Inspection and Retention of Records. Agency shall maintain and make available to County accurate boo ks and records relative to the Services under this Agreement.
Agency shall permit County to audit, examine, and make excerpts and transcripts from its records and to conduct audits of all invoices, materials, records of personnel, or other data related to the Services under this Agreement. Agency shall maintain its data and records in an accessible location and condition for a period of not less than three years from the date of final payment under this Agreement, or until after the conclusion of any audit , whichever occurs last. The State of California and/or any federal agency having an interest in the subject of this Agreement shall have the same rights as County.
9. Authority to Bind County. It is understood that Agency, in Agency’s performance of any and all duties under this Agreement, except as otherwise provided in this Agreement, has no authority to bind County to any agreements or undertakings.
10. Captions and Interpretation. Paragraph headings in this Agreement are used solely for convenience and shall be wholly disregarded in the construction of this Agreement. No provision of this Agreement shall be interpreted for or against a Party because that Party or its legal representative drafted such provision. This Agreement is the product of negotiation and both Parties are equally responsible for its authorship. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
11. Choice of Law/Venue. The Parties hereto agree that the provisions of this Agreement will be construed pursuant to the laws of the State of California. This Agreement has been entered into and is to be performed in the County of Kern. Accordingly, the Parties agree that the venue of any action relating to this Agreement shall be in the County of Kern.
12. Compliance with Law. Agency shall observe and comply with all applicable county, state and federal laws, ordinances, rules and regulations now in effect or hereafter enacted, each of which are hereby made a part hereof and incorporated herein by reference.
13. Compliance with Applicable Law. Agency shall observe and comply with all applicable local, state, and federal laws, ordinances, rules, and regulations now in effect or later enacted (“Applicable Law”), each of which is made a part of this Agreement
14. Confidentiality. Agency shall not, without the prior written consent of the County, communicate confidential information, designated in writing or identified in this Agreement as confidential, to any third party and shall protect confidential information from inadvertent disclosure to any third party in the same manner that it protects its own confidential information, unless disclosure is required in response to a validly issued subpoena or other process of law. Upon completion of this Agreement, the provisions of this Section s hall continue to survive.
15. Conflict of Interest.
a. Financial Conflicts of Interest. Agency has read and is aware of the provisions of Government Code Section 1090 et seq. and Section 87100 et seq. relating to conflict of interest of public officers and em ployees. Agency acknowledges that it is unaware of any financial or economic interest of any public officer or employee of County relating to this Agreement. If is further understood and agreed that if a financial interest does exist at the inception of this Agreement, County may immediately terminate this Agreement by giving written notice. Agency shall comply with the requirements of Government Code Section 1090 et seq. and 87100 et seq. during the Term.
b. Organizational Conflicts of Interest . Agency represents, to the best of its knowledge, that neither Agency nor any Agency Representative presently has any consulting or contractual arrangement with any firm or organization that would give rise to an organizational conflict of interest with respect to the Services. Neither Agency nor any Agency Representative shall enter into any contractual arrangement that would give rise to any potential organizational conflict of interest, without first obtaining County’s prior written approval before entering the into the contractual arrangement. If any organizational conflict of interest is discovered by Agency relating to this Agreement, Agency shall immediately notify County, and attempt to present a suitable mitigation plan. County may, at its sole discretion, terminate this Agreement in the event that Agency has any actual or potential organizational conflict of interest. As used in this Section 14.b, “organizational conflict of interest” means any relationship whereby Agency has present or planned interests related to the Services which (i) may diminish its capacity to give impartial, technically sound, objective assistance and advice or may otherwise result in a biased work product, or (ii) may result in Agency or any Agency Representative being given an unfair advantage.
16. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
17. Enforcement of Remedies. No right or remedy conferred on or reserved to a Party is exclusive of any other right or remedy under law, equity or statute, but each shall be cumulative of every other right or remedy now or in the future existing under law, equity or statute, and may be enforced concurrently or from time to time.
18. Indemnification.
a. General.
County is the recipient of funds from the State of California, under Number 33 of 2023 – Fentanyl Misuse and Overdose Prevention Task Force, introduced by Assembly Member Bains, in the amount of $250,000 to the County of Kern for Agency to provide various duties relating to fentanyl misuse, including, among others, collecting and organizing data on the nature and extent of fentanyl misuse in California, identification and assessment of sources and drivers of legal and illicit fentanyl and xylazine activity in California, and evaluating approaches to increase public awareness of fentanyl misuse, develop methods to strengthen state and local efforts to prevent fentanyl misuse, review and recommend model treatment protocols for medication-assisted treatment (MAT) of fentanyl misuse.
Agency shall defend, indemnify, and hold harmless County and County’s board members, elected and appointed officials, officers, employees, agents, volunteers and authorized representatives (“County Indemnified Parties”) from any losses, liabilities, charges, damages, claims, liens, causes of action, awards, judgments and costs, including attorneys’ fees of County Counsel and outside counsel retained by County, expert fees, costs of staff time, and investigation costs (“Claims”) which arise out of or relate to any act or omission of Agency or Agency’s officers, employees, agents and subcontractors of any tier hired by Agency to perform the Services (“Agency Representatives”). This indemnification obligation shall include bodily and personal injury or death to any person; damage to any property, regardless of where located, including the property of County; and any workers’ compensation Claim arising from or relating to the Services. Agency shall defend any Claim with counsel of Agency ’s choice, subject to County’s written approval, and at Agency’s sole cost.
b. Immigration Reform and Control Act . Agency acknowledges that Agency and Agency Representatives are aware of and understand the Immigration Reform and Control Act (“IRCA”). Agency is and shall remain in compliance with the IRCA and shall ensure that any Agency Representatives are and shall remain in compliance with the IRCA. In addition, Agency shall defend, indemnify and hold harmless County and County Indemnified Parties from any Claims which arise out of or relate to any allegations that Agency or Agency Representatives are not authorized to work in the United States and/or any other allegations based upon alleged IRCA violations committed by Agency or Agency Representatives. Agency shall defend any Claim with counsel of Agency ’s choice, subject to County’s written approval, and a Agency’s sole cost.
c. Infringement Claim . If any Claim is asserted or action or pr oceeding brought against County or County Indemnified Parties which alleges that all or any part of the Services in the form supplied by Agency or County’s use, infringes or misappropriates any United States or foreign patent or copyright, or any trade secret or other proprietary right, County shall give Agency prompt written notice.
Agency shall defend and indemnify County and County Indemnified Parties from any Claims, including costs incurred by County in order to avoid entry of any default judgment or other waiver of County’s rights. Agency shall defend any claim with counsel of Agency’s choice, subject to County’s written approval, and at Agency’s sole cost. County shall cooperate fully with and may monitor Agency in the defense of any Claim and shall m ake employees available as Agency may reasonably request with regard to the defense, subject to reimbursement by Agency of all costs incurred by County’s cooperation in the defense.
d. Remedy of Infringement Claim. If the Services are, in Agency’s opinion, likely to become or do become the subject of a claim of infringement or misappropriation of a United States or foreign patent, copyright, trade secret or other proprietary right, or if a temporary restraining order or other injunctive relief is entered against the use of part or all of the Services, Agency shall within 90 days:
i. Replace. Promptly replace the Services with compatible, functionally equivalent, and non-infringing services;
ii. Modify. Promptly modify the Services to make them non-infringing without materially impairing County’s ability to use the Services as intended;
iii. Procure Rights. Promptly procure the right of County to continue using the Services; or
iv. Refund. As a last resort, if none of these alternatives is reasonably available to Agency, and County is enjoined or otherwise precluded legally from using the Services, Agency shall, within 120 days of the judgment or other court action, promptly refund to County all fees and costs paid for the Services, and this Agreement shall terminate. All licensed products shall be disposed of as ordered by the governing court at the sole cost of Agency or as determined by County if the court does not so direct.
e. Modification of Services. This indemnification does not extend to modifications or additions to the Services made by County or any third party without the prior written consent of Agency, or to any unauthorized use of the Services by County.
f. Survival of Indemnification Obligations . Upon completion of this Agreement, the provisions of this Section 17 shall survive.
19. Insurance. Agency, in order to protect County and County Indemnified Parties against Claims as a result of the performance of Agency ’s obligations, as required in this Agreement, shall secure and maintain the following insurance. Agency shall not perform any Services until Agency has obtained all insurance required under this Section 9 and the required certificates of insurance and all required endorsements have been filed with County’s authorized insurance representative (“Authorized Insurance Representative”).
Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of these insurance requirements. The required documents must be signed by the authorized representative of the insurance company shown on t he certificate. Upon request, Agency shall supply proof that the designated person is an authorized representative, and is authorized to bind the named underwriter(s) and their company to the stated coverage, limits and termination provisions. Agency shall promptly deliver to Authorized Insurance Representative a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the Term. The cert ificates and endorsements shall be delivered to Authorized Insurance Representative prior to the expiration date of any policy and bear a notation evidencing payment of the premium if so requested. Agency shall immediately pay any deductibles and self -insured retentions under all required insurance policies upon the submission of any Claim by Agency or County as an additional insured.
a. Workers’ Compensation and Employer’s Liability Insurance Requirement. If Agency has employees who may perform any Services under this Agreement, Agency shall submit written proof that Agency is insured against liability for workers’ compensation in accordance with the provisions of California Labor Code Section 3700. Agency shall require any Agency Representatives to provide workers’ compensation for any of the Agency Representative’s employees, unless the employees are covered by the insurance carried by Agency . If any class of employees engaged in Services is not covered by California Labor Code Section 3700, Agency shall provide and/or require each Agency Representative to provide adequate insurance for the coverage of employees not otherwise covered. Agency shall also maintain employer’s liability insurance with limits of $1,000,000 for bodily injury or disease.
b. Liability Insurance Requirements.
i. Types of Liability Insurance. Agency shall maintain in full force and effect, during the Term, the following types of liability insurance:
1. Commercial General Liability Insurance, including Contractual Liability Insurance (specifically covering the indemnification provisions of this Agreement), Products -Completed Operations Hazard, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Agency ’s performance of the Services. The Commercial General Liability insurance shall contain no exclusions or limitations for Agency Representatives working on the behalf of the named insured. Agency shall maintain the Products -Completed Operations Hazard coverage for the longest period allowed by Applicable Law following termination of this Agreement. The amount of the insurance coverage required by this Agreement shall be the policy limits, which shall be no less than one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate.
2. Automobile Liability Insurance, against claims of Personal Injury (including bodily injury and death) and Property Damage covering any owned, leased, hired and non- owned vehicles used in the performance of the Services with insurance coverage equal to the policy limits, which shall be no less than one million dollars ($1,000,000) each occurrence.
3. Professional Liability (Errors and Omissions) Insurance, for liability arising out of or related to the performance of the Services, with insurance coverage equal to the policy limits, which shall be no less than one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate.
ii. Endorsements. The Commercial General Liability and Automobile Liability Insurance required in this Section 9 shall include an endorsement naming County and County Indemnified Parties as additional insureds for liability arising out of this Agreement and any related operations. The endorsement shall be provided using one of the following t hree options: (i) on ISO form CG 20 10 11 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on other forms which provide coverage at least equal to or better than form CG 20 10 11 85.
iii. Claims-Made Insurance. If any of the insurance coverages required under this Agreement is written on a claims -made basis, Agency , at Agency ’s option, shall either (i) maintain the coverage for at least three years following the termination of this Agreement with cover age extending back to the Effective Date; (ii) purchase an extended reporting period of not less than three years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.
c. Insurance Companies. All insurance shall be issued by a company or companies admitted to do business in California and listed in the current “Best’s Key Rating Guide” publication with a minimum rating of A -; VII. Any exception to these requirements must be approved in writing by the County Risk Manager.
d. Self-Insurance. If Agency is, or becomes during the Term, self -insured or a member of a self-insurance pool, Agency shall provide coverage equivalent to the required insurance coverages and endorsements. County will not accept the coverages unless the County Risk Manager determines, in its sole discretion and by written acceptance, that the coverages proposed to be provided by Agency are equivalent to the required coverages. Any self -insured retentions in excess of $100,000 must be declared on the Certificate of Insurance or other documentation provided to County and must be approved in writing by the County Risk Manager.
e. Primary Insurance; Waiver of Subrogation. All insurance carried by Agency shall be primary to and not contributing to any insurance or self -insurance maintained by County. An endorsement shall be provided on all policies, except professional liability/errors and omissions, which shall waive any right of recovery (waiver of subrogation) against County.
f. Insurance Does Not Replace Indemnification . Maintenance of the insurance coverages in the minimum specified amounts shall not be construed to relieve Agency for any liability, whether within, outside, or in excess of the coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude County from taking other actions as are available to it under this Agreement or under Applicable Law.
g. Failure to Maintain Insurance. Failure by Agency to maintain all insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Agency. County, at its sole option, may terminate this Agreement and obtain damages from Agency resulting from the breach. Alternatively, County may purchase the required insurance coverage, and without further notice to Agency, County shall deduct from sums due to Agency any premiums and associated costs advanced or paid by County for the insurance. If the balance of monies owed to Agency under this Agreement is insufficient to reimburse County for the premiums and any associated costs, Agency shall reimburse County for the premiums and pay for all costs associated with the purchase of the insurance. Any failure by County to take this alternative action shall not relieve Agency of its obligation to obtain and maintain the insurance coverages required by this Agreement.
h. Cancellation of Insurance. The insurance coverages required to be maintained by Agency shall be maintained until the completion of all of the Services except as otherwise stated in this Agreement. Each insurance policy supplied by Agency shall not be terminated, suspended, voided, canceled, non-renewed or reduced in coverage or in limits except after 10 days prior written notice to Agency in the case of non-payment of premiums, or 30 days prior written notice in all other cases. This notice requirement does not waive these insurance requirements. Agency shall immediately obtain replacement coverage for any insurance polic y that is terminated, suspended, voided, canceled, reduced in coverage, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.
20. Modifications of Agreement. This Agreement may be modified in writing only, signed by the Parties in interest at the time of the modification.
21. Negation of Partnership. In the performance of all services under this Agreement, Agency shall be, and acknowledges that Agency is, in fact and law, the recipient of a allocation and not an agent or employee of County. Agency has and retains the right to exercise full supervision and control of the manner and methods of providing services to County under this Agreement. Agency retains full supervision and control over the employment, direction, compensation and discharge of all persons assisting Agency in the provision of services under this Agreement. With respect to Agency’s employees, if any, Agency shall be solely responsible for payment of wages, benefits and other compensation, compliance with all occupational safety, welfare and civil rights laws, tax withholding and payment of employee taxes, whether federal, state or local, and compliance with any and all other laws regulating employment.
22. Non-Collusion Covenant. Agency represents and agrees that (i) it has in no way entered into any contingent fee arrangement with any firm or person concerning the obtaining of this Agreement with County and (ii) it has received from County no incentive or special payments and no considerations not related to the provision of the Services.
23. Nondiscrimination. Neither Agency, nor any Agency Representative, shall discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, or any other classification protected by Applicable Law, either directly, indirectly or through contractual or other arrangements.
24. Non-waiver. No term, covenant or condition of this Agreement can be waived except by the prior written consent of County. Forbearance or indulgence by County shall not constitute a waiver of the covenant or condition to be performed by Agency. County shall be entitled to invoke any remedy available to County under this Agreement or by Applicable Law despite the forbearance or indulgence.
25. Notices. All notices under this Agreement shall be provided to Kern County at the address indicated in the opening section of this Agreement and to the Agency and Responsible County Department at the addresses shown below. Delivery shall be by personal delivery or deposit in the U.S. Mail, postage prepaid, registered or certified mail, addressed as specified above. Notices delivered personally shall be deemed received upon receipt; mailed or expressed notices shall be deemed received five days after deposit. A Party may change the address to which notice is to be given by giving notice as provided above.
Nothing in this Agreement shall be construed to prevent or render ineffective delivery of notices under this Agreement by leaving the notice with the receptionist or other person of like capacity employed in Agency ’s of fice, or the receptionist for the Kern County General Services Department.
Responsible County Department
Fentanyl Prevention, Education, and Treatment Fund
County Administrative Office
Kern County Administrative Center
1115 Truxtun Avenue, Fifth Floor
Bakersfield, CA 93301
Wasco City Police Department
746 8th Street
Wasco, CA 93280
26. Ownership of Documents. All reports, documents, and other items generated or gathered in the course of providing the Services are and shall remain the property of County, and shall be returned to County upon full completion of the Services or termination of this Agreement, whichever first occurs.
27. Representations. Agency makes the following representations, which the Parties agree are material to and form a part of the inducement for this Agreement:
a. Expertise and Staff . Agency has the expertise, support staff, and facilities necessary to provide the Services; and
b. No Adverse Interests. Agency does not have any actual or potential interests adverse to County, nor does Agency represent a person or firm with an interest adverse to County relating to the subject of this Agreement; and
c. Timeliness. Agency shall diligently provide the Services in a timely and professional manner in accordance with the terms and conditions in this Agreement.
28. Severability. If any term, covenant or condition in, or provision of, this Agreement is determined by a court to be in conflict with any Applicable Law, or otherwise be unenforceable or ineffectual, the validity of the remaining terms or provisions shall be deemed severable and shall not be affected, provided that the remaining terms or provisions can be construed in substance to constitute the agreement which the Parties intended to enter into on the Effective Date.
29. Signature Authority. Each Party has full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each Party has been properly authorized and empowered to enter into this Agreement.
30. Sole Agreement. This Agreement, including Exhibits, contains the entire agreement of the Parties relating to the Services, rights, and obligations and terms, covenants and conditions contained in this Agreement and assumed by the Parties. No inducements, representations or promises have been made, other than those stated in this Agreement.
No oral promise, modification, change, or inducement shall be effective or given any force or effect.
31. Termination. The County may at its election, without cause, terminate this Agreement by written notice (“Notice of Termination”). The Notice of Termination shall be deemed effective 15 days after personal delivery, or 20 days after mail ing by U.S. Mail, postage prepaid, registered or certified mail, addressed as provided in Section 23. In addition, either Party may immediately terminate this Agreement if the other Party fails to substantially perform in accordance with the terms and conditions of this Agreement through no fault of the Party initiating the termination. In the event this Agreement is terminated by either Agency or the County, Agency shall submit to the Responsible County Department all files, memoranda, documents, correspondence and other items generated in the course of performing the Services, within 15 days after the effective date of the Notice of Termination. If either Party terminates this Agreement as provided in this Section 13, County shall pay Agency for all satisfactory Services rendered by Agency prior to the effective date of Notice of Termination in an amount not to exceed the maximum dollar amount shown in Section 1.
32. Time of Essence. Time is expressly declared to be of the essence of this Agreement and of each provision, and each provision is declared to be a material, necessary and essential part of this Agreement.
33. Waiver of Claims. Agency waives all claims and recourse against County, including the right to retribution for any loss or damage arising from, growing out of, or in any way connected with or incident to this Agreement.
34. No Third-Party Beneficiaries. The Parties understand and agree that the enforcement of the terms, covenants and conditions and all rights of action relating to enforcement, shall be strictly reserved to County and Agency. Nothing contained in this Agreement shall give or allow any claim or right of action by any other third person. It is the express intention of County and Agency that any person or entity, other than County or Agency , receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only.
35. Gender/Plural. References to feminine, masculine or neutral include the other, and references to the singular or plural include the other.
36. Recitals. Each of the recitals is incorporated in this Agreement, is deemed to be the agreement and a reflection of the intent of the Parties, and is relied upon by the Parties in agreeing to the provisions of this Agreement and in interpreting its provisions.
37. Political/Religious Activity. No person performing any service or providing any goods designated under this Contract shall participate in any political or religious activity on County time or in any manner involving the use of county property or expenditure of public funds nor conveying the implication of County endorsement or support for a candidate for local, state, or federal office. Notwithstanding the foregoing, nothing in this Contract shall be construed to unlawfully limit an individual’s Constitutional rights. Accordingly, the limitations contained in this section are for the sole purpose of preventing pros elytizing and politicking while engaged in the performance of services under this contract.
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IN WITNESS TO THE FOREGOING, the parties have executed this Agreement as of the day and year first written above.
County of Kern: Agency:
_____________________________ ____________________________ Chairman, Board of Supervisors City Manager, City of Wasco “County” “City”
_____________________________
Wasco City Police Department
“Agency”
Approved as to Form: Approved as to Form:
______________________________ _____________________________ County Counsel City Attorney
Approved as to Content: Countersigned:
______________________________ _____________________________ County Administrative Office Finance Director
Exhibit A
County of Kern - Wasco City Police Department
Project Title: Fentanyl Misuse and Overdose Prevention Task Force Fund Funding: $250,000
Project Objective:
The objective of this project is to concentrate efforts on drug suppression in partnership with local, state, and federal law enforcement agencies, specifically targeting fentanyl related investigations, community education initiatives, and data gathering.
Scope of Services:
The Agency will have discretion over the categorical allocation and expenditure of one-time funds provided under this agreement, within the scope of services defined herein and detailed below:
1. Personnel Costs
Estimated Allocation: $TBD
Purpose: Recruitment and salary for [TBD] with expertise in drug suppression and fentanyl investigations.
2. Training and Equipment
Estimated Allocation: $TBD
Purpose: Specialized training programs and equipment for detectives, as well as the acquisition of equipment for effective drug detection and investigations.
3. Community Education Initiatives
Estimated Allocation: $TBD
Purpose: Development and implementation of educational programs to raise awareness about the dangers of drug abuse, particularly fentanyl. Outreach campaigns to engage with schools, community centers, and local organizations.
4. Operational Expenses
Estimated Allocation: $TBD
Purpose: Administrative costs essential for the support and operation of the Wasco City Police Department’s task force efforts.
Deliverables:
1. Recruitment and hiring of one crime analyst and one dedicated detective specializing in fentanyl detection, investigation, and interdiction.
2. Collaboration with the Task Force, law enforcement agencies, public health officials, and community organizations in the formulation of a comprehensive strategy designed to tackle the multifaceted dimensions inherent in the fentanyl crisis.
3. Collection and analysis of data concerning fentanyl distribution, patterns of use, and correlated criminal activities. Development of predictive modeling, forecasting future trends in drug-related activities.
4. Development and implementation of community education and outreach events in collaboration with the Task Force. Facilitation of educational initiatives within elementary and high schools in and around the City of Wasco.
Performance Measurement:
Seizures: Number and quantity of fentanyl and xylazine seizures made by the Agency.
Interdiction: Number of fentanyl and xylazine shipments intercepted or prevented from entering the community.
Targeted disruption or elimination: Number of investigations resulting in disruption or dismantlement of targeted organizations.
Arrests: N umber of arrests made related to the trafficking and possession of fentanyl and xylazine made by the Agency.
Community Engagement and Education: N umber of community members and students engaged through education initiatives and outreach events.
Project Duration:
The project is scheduled to commence upon approval of funding and is expected to achieve significant milestones within the first 12 months of implementation.