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C15-28 - Beaumont Unified School District - Livescan AgreementEDUC." A Shared Commitment Beaumont Unified School District Agreement for City Services ORIGINATING DEPARTMENT: HUMAN RESOURCES ACCOUNTING CODE: 03-500-0000-0-0000-7401-5831 This Agreement for City Services ("Agreement") was made and entered into on the _ day of July, 2015, by and between the BEAUMONT UNIFIED SCHOOL DISTRICT, hereinafter referred to as the "DISTRICT" and the CITY OF BEAUMONT hereinafter referred to as the "CITY." 1. Live Scan Services. The CITY agrees provide Live Scan fingerprint service to the DISTRICT at a rate not to exceed $10.00 each. CITY will follow all standards of the industry and maintain strict confidentiality of all results. CITY agrees to abide by all specifications regarding applicable California law and regulations on behalf of the DISTRICT. 2. Compensation. The DISTRICT agrees to compensate the CITY for services rendered for an amount not to exceed $10.00 per Live Scan. The CITY shall submit monthly itemized billing statements to the DISTRICT. City shall reference District Purchase Order numbers on all billings transacted. The DISTRICT shall pay each invoice within thirty (30) days of the invoice date. 3. Indemnification. Nothing in the provisions of this Agreement is intended to create duties or obligations to, or rights in third parties not party to this Agreement, or affect the legal liability of either Party to Agreement. It is understood and agreed that neither the DISTRICT, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY under or in connection with any work, authority or jurisdiction delegated to the CITY under this Agreement. It is also understood and agreed that pursuant to Government Code 895.4, the CITY shall defend, indemnify and save harmless the DISTRICT, all officers, and employees from all claims, suits or actions of every name, kind, and description brought forth or on account of injuries or death of any person or damage to property resulting from anything done or omitted to be done by the CITY under this Agreement except as otherwise provided by Statute. It is understood and agreed that neither the CITY nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the DISTRICT under or in connection with any work, authority or jurisdiction delegated to the DISTRICT under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, the DISTRICT shall defend, indemnify and save harmless the CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought forth on account of injuries or death of any person or damage to property resulting from anything done or omitted to be done by the DISTRICT under connection with any work, authority or jurisdiction delegated to the DISTRICT under this Agreement except as otherwise provided by statute. 4. Status of the Parties' Officers/EmuloyeesStatus of the Parties' /A ents. Neither party's officers, employees, agents, partners, other contractors or subcontractors shall be deemed to be employees of the other party at any time. Nothing in this Agreement shall be construed as creating a civil service employer- employee Page 1 of 3 relationship or a joint venture relationship. No officer, employee, agent, partner, other contractor or subcontractor of the other party shall be eligible for membership in or any benefits from any plan for hospital, surgical, or medical insurance, or for membership in any retirement program, paid vacation, paid sick leave, other leave, with or without pay, collective bargaining rights, grievance procedures, or any other benefits which inures to or accrues to an employee of the other party. The only performance and rights due the other party are those specifically stated in this Agreement. 5. Term of Agreement. The term of this Agreement shall be within the dates of July 1, 2015, and July 31, 2016. 6. Termination. The DISTRICT or the CITY may terminate this Agreement at any time, upon 30 -days prior written notice; provided, however, that the DISTRICT shall pay for all services rendered to it prior to the date of termination. 7. Parties' Liaisons. In order to ensure smooth operation of the services provided hereunder, the DISTRICT and the CITY each agree to appoint a representative who shall be responsible for coordinating the implementation of this Agreement. CITY.. Aja ointment: the CITY appoints the Chief of Police as its representative. The chief may be contacted as follows: Name: Frank Coe, Chief of Police, or his replacement Beaumont Police Department 660 Orange Avenue Beaumont, CA 92223 Telephone: 951-769-8500 Fax: 951-769-8508 E-mail: fcoe@beaumontpd.org DISTRICT Appointment: The DISTRICT appoints may be contacted as follows: Beaumont Unified School District 350 W. Brookside Avenue Beaumont, CA 92223 Telephone: 951-845-1631 x5360 Email: as its representative. 8. Notices. Any notice, payment, statement, or demand required or permitted to be given hereunder by either party to the other shall be effected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses appearing in section 7 above but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three (3) days after mailing. 9. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Additionally, this Agreement has been formed and shall be performed in Riverside County; the venue for any legal action on the Agreement shall be in Riverside County. Page 2 of 3 10. Entire Agreement. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without the prior written agreement of the parties. 11. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 12. Successors and Assigns. This Agreement shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Agreement, their assigns. 13. Captions. The captions to the various clauses of this Agreement are for information purposes only and shall not alter the substance of the terms and conditions of this Agreement. 14. Authorization. Each of the parties represents and warrants to the other that this Agreement has been duly authorized by all necessary corporate or governmental action on the part of the representing party and that this Agreement is fully binding on such party. 15. Amendments to this Agreement. From time -to -time, City and Beaumont may determine that the provision of services hereunder could be improved, made more efficient or expanded. Therefore, the parties agree to meet and confer at the request of either party and to negotiate in good faith such reasonable amendments to this Agreement as the parties deem appropriate. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the following authorized officials. BEAUMONT UNIFIED SCHOOL DISTRICT By: Carol Severns, Services DATE: Assistant Superintendent Business CITY OF BEAUMONT By: Brenda Knight, . yor DATE: ATTEST: -` By '� LI MA"TZ, City Clerk APPROVED A TO FORM: 41 Ci -Alto ey Page 3 of 3 C►s-a��) CITY OF BEAUMONT August 7, 2015 Beaumont Unified School district 350 W. Brookside Avenue Beaumont, CA 92223 RE: Agreement For City Services Livescan Dear Mrs. Severns: Enclosed please find two original copies of the above reference agreement that was approved by the Beaumont City Council at its regular meeting of June 16, 2015. Please execute both originals, maintain one for your files and return one to the following: City of Beaumont 550 E. 6th Street Beaumont, Ca 92223 ATTTN: Shelby Hanvey Please let me know if you have any questions. S' erely, a Shelby Hanve k, Administrative, ,service Ma er 550 E. 6th Street - Beaumont - CA - 92223 - Phone: (951) 769-8520 - Fax: (951) 769-8526 www.ci.beaumont.ca.us Agenda Item #a ) DATE: June 16', 2015 TO: Mayor and Members of the City Council THROUGH: City Manager FROM: Police Department SUBJECT: Beaumont Unified School District Agreement for Livescan Fingerprinting ACTIONS See Options. OPTTONC 1) Approve the Contract. 2) Do not approve the Contract. 3) Direct staff to return with alternatives BACKGROUND The City of Beaumont Police Department has been providing the Beaumont Unified School District with livescan fingerprinting service since 2013. The current annual contract expires July 31St, 2015. The City Attorney has reviewed and approved the contract. Staff recommends you allow renewal of this contract thru July 31St, 2016. FISCAL IMPACT The District agrees to compensate the City $10.00 per livescan. The District has their own billing number for any additional fees that the Department of Justice charges. The Police Department bills the School District on a monthly basis for livescans preformed. Livescan fingerprinting for the school district and the public has brought a revenue source to the City of approximately $20,000 for the current and past fiscal years. ATTACHMENT(s) Beaumont Unified School District Contract.