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Home My WebLink About32675Agreement No. 18-257 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 County Agreement with Kings Canyon Unified School District, 2018 The Fresno County Probation Department shall assign one (1) Deputy Probation Officer to be responsible for ordinary probation services on a full-time basis at KINGS CANYON USO school sites in the City of Reedley/County of Fresno as determined by mutual agreement of KINGS CANYON USO and COUNTY'S Chief Probation Officer or his designee while this Agreement is in effect and in fo rce. The duties of the assigned Deputy Probation Officer shall include, but are not necessarily limited to, the following: A.Provide supervision of minors on formal and informal probation attending KINGS CANYON USO school sites as determined by mutual agreement of the KINGS CANYON USO and COUNTY's Chief Probation Officer or his designee while this Agreement is in effect. B.Operate a Police/Sheriff/Probation T earn that provides investigation and intervention services concerning minors involved in delinquent activity on the school campuses. C.By mutual agreement of the KINGS CANYON USO and COUN TY's Chief Probation Officer or his designee, to impose and monitor programs of informal probation and other dispositi onal options for minors attending the school campuses who commit crimes off campus and who are referred to the school Police/Sheriff/Probation Team for intake services by the Probation Department Intake Unit. D.Work closely with school administrators and faculty to ensure school attendance of pupils on probation attending the specified schools. E.Attend regular interagency meetings of the participating parties. F.Assist in the cooperative effort of probation, police, Sheriff and 24 schools to closely monitor and supervise juvenile probationers attending the school campuses 25 and to develop and operate a spectrum of intervention and diversion programs designed to 26 improve behavior in the community, home, and school. 27 G.Promote youth development by introducing age-a ppropriate 28 prevention and intervention programs on KINGS CANYON USD's elementary sites, which are -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 County Agreement with Kings Canyon Unified School District, 2018 Agreement shall not be modified or any rights of it waived except by such a writing. 8.NON-ASSIGNMENT: Neither COUNTY nor KINGS CANYON USO may assign, transfer or subcontract their obligations under this Agreement or any rights hereunder without the prior written consent of the other party. 9.HOLD HARMLESS: KINGS CANYON USO agrees to indemnify, save, hold harmless, and at COUNTY's request, defend the COUNTY, its officers, agents, and employees from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by KINGS CANYON USO, its officers, agents, or employees under this Agreement, and from any and all costs and expenses, damages, liabilities. claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of KINGS CANYON USO, its officers, agents, or employees under this Agreement. COUNTY agrees to indemnify, save, hold harmless, and at KINGS CANYON USO 's request, defend KINGS CANYON USO, its officers, agents, and employees from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to KINGS CANYON USO in connection with the performance, or failure to perform, by COUNTY, its officers, agents, or employees under this Agreement, and from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of COUNTY, its officers, agents, or 22 employees under this Agreement. 23 In the event of concurrent negligence on the part of COUNTY or any of its 24 officers, agents or employees, and KINGS CANYON USO or any of its officers, agents, or 25 employees, the liability for any and all such claims, demands and actions in law or equity for 26 such losses, fines, penalties, forfeitures, costs and damages shall be apportioned under the 27 State of California's theory of comparative negligence as presently established or as may be 28 modified hereafter. -5- County Agreement with Kings Canyon Unified School District, 2018 1 2 3 This section shall survive termination or expiration of this Agreement. 10.INSURANCE Without limiting COUNTY's right to obtain indemnification from KINGS 4 CANYON USO or any third parties, KINGS CANYON USO, at its sole expense, shall maintain in 5 full force and effect the following insurance policies or a program of self-insurance, including but 6 not limited to, an insurance pooling arrangement or Joint Powers Agreement throughout the term 7 of this Agreemen t. Coverage by KING CANYON USO shall be provided for General Liability and 8 Workers' Compensation. Upon request from COUNTY, KINGS CANYON USO shall provide a 9 certificate of insurance or self-insurance providing evidence of such coverage. 10 Without limiting KINGS CANYON US D's right to obtain indemnification from 11 COUNTY or any third parties, COUNTY, at its sole expense, shall maintain in full force and 12 effect the following insurance policies or a program of self-insurance, including but not limited 13 to, an insurance pooling arrangement or Joint Powers Agreement throughout the term of this 14 Agreement. Coverage by COUNTY shall be provided for General Liability and Workers' 15 Compensation. Upon request from KINGS CANYON USO, COUNTY shall provide a certificate 16 of insurance or self-insurance providing evidence of such coverage. 17 11.AUDITS AND INSPECTIONS: 18 COUNTY shall at any time during business hours, make available to KINGS 19 CANYON USO for examination all of its records and data with respect to the matters covered by 20 this Agreement. COUNTY shall, upon request by KINGS CANYON USO, permit the KINGS 21 CANYON USO to audit and inspect all of such records and data necessary to ensure COUNTY 's 22 compliance with the terms of this Agreement. 23 If this Agreement exceeds ten thousand dollars ($10,000.00), COUNTY shall 24 be subject to the examination and audit of the Auditor General for a period of three (3) years after 25 final payment under contract (Government Code Section 8546.7). 26 12.NOTICES: 27 The persons and their addresses having authority to give and receive notices 28 under this Agreement include the follo wing: -6- 1 2 3 4 County Agreement with Kings Canyon Unified School District, 2018 COUNTY Chief Probation Officer Fresno Co. Probation Dept. 3333 E. American Ave., Suite B Fresno, CA 93725 KINGS CANYON USO Superintendent Kings Canyon Unified School District 1801 1 0th Street Reedley, CA 5 Any and all notices between the COUNTY and KINGS CANYON USO 6 provided for under this Agreement shall be in writing and shall be deemed duly served when 7 personally delivered to one of the parties, or in lieu of such personal services, when deposited in 8 the United States Mail, postage prepaid, addressed to such party. 9 13.GOVERNING LAW: 1 o The parties agree that for purposes of venue, performance under this 11 Agreement is to be in Fresno County, California. 12 The rights and obligations of the parties and all interpretation and performance 13 of this Agreement shall be governed in all respects by the laws of the State of California. 14 14.ENTIRE AGREEMENT: 15 This Agreement constitutes the entire agreement between COUNTY and 16 KINGS CANYON USO with respect to the subject matter hereof and supersedes all previous 17 Agreement negotiations, proposals, commitments, writings, advertisements, publications, and 18 understandings of any nature whatsoever unless expressly included in this Agreement. 19 II 20 II 21 // 22 II 23 // 24 II 25 II 26 // 27 // 28 II -7- !! ~ ~-""-!"' County Agreement with Kings Canyon Unified School District, 2018 1 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. 3 CONTRACTOR 7 Assistant Superintendent/CBO 8 9 10 1502 I Street 11 Reedley CA 93654 12 13 14 15 16 17 18 FOR ACCOUNTING USE ONLY: 19 FUND: 0001 ORG: 343000580 20 SUBCLASS: 10000 ACCOUNT: 4895 21 22 23 24 25 26 27 28 By: COUNTY OF FRESNO c::~rson 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 -8-