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HomeMy WebLinkAbout32914County Agreement with Fresno Unified School District , 2018 1 AGREEMENT 2 3 THIS AGREEMENT , hereinafter referred to as "Agreement," is made and entered into 4 this_ day of _____ , 2018 ("Effective Date"}, by and between the COUNTY OF 5 FRESNO , a political subdivision of the State of Californ ia, hereinafter referred to as "COUNTY ," 6 and the FRESNO UNIFIED SCHOOL DISTRICT, whose address is 2309 Tulare Street , Fresno , 7 CA 93721 , hereinafter referred to as "FUSD ." 8 W I T N E S S E T H: 9 WHEREAS , some students attend ing FUSD are court wards on probation ; and 10 WHEREAS, COUNTY is unable to fund sufficient Deputy Probation Officer 11 positions for the purpose of assignments to oversee students attending FUSD ; and 12 WHEREAS , FUSD desires that services from the Fresno County Probation 13 Department be provided to students attending FUSD , and is willing to prov ide partial funding for 14 that purpose ; and 15 WHEREAS , COUNTY is able to fund the remaining costs for nine (9 ) Deputy 16 Probation Officers with Juvenile Justice Crime Prevention Act ("JJCPA") funds . 17 NOW, THEREFORE , in respect of mutual promises contained herein , the Parties 18 agree as follows : 19 1. OBLIGATIONS OF FUSD : 20 FUSD shall compensate and remit payment to COUNTY , as provided here in, a 21 total compensation amount not to exceed three hundred thirty seven thousand , five hundred 22 dollars ($337 ,500 ). 23 24 2 . OBLIGATIONS OF COUNTY: COUNTY shall assign nine (9) Deputy Probation Officers to be responsible for 25 ordinary probation services on a full -time basis at FUSD school sites in Fresno , as determined by 26 mutual written agreement of FUSD and COUNTY 's Chief Probation Officer while th is Agreement 27 is in effect and in force . COUNTY shall also make every effort to provide a Deputy Probation 28 Officer to attend and participate in Mega SARB ("School Attendance Review Board ") court -1- Agreement No. 18-443 7th August 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 3 24 25 26 27 28 County Agreement with Fres no Unified School Dist rict , 20 18 hearings on a weekly basis. The duties of the assigned Deputy Probation Officers shall be, but are not necessarily limited to , the following : A. Provide supervision of students on formal and informal probation attending FUSD school sites in Fresno , as determined by mutual written agreement of FUSD and the Chief Probation Officer while this Agreement is in effect. B . Operate in conjunction with an officer of the Fresno Police Department as a Police/Probation Team that provides i nvestigation and intervention services concerning minors involved in delinquent activity on FUSD high school campuses. C. Impose and monitor programs of informal probation and other dispositional options for m inors attending the high school campuses who c ommit c ri mes off campus and who are referred to the high school Police/Probation Team for intake services by the Probation Department Intake Unit. D . Work close ly with school administrators and faculty to ensure school attendance of students on probation attending the specified high schools. E . Develop s c hool-based intervention options, such as work projects, graffiti paintouts , and other forms of community service, designed to hold minors attending the high schools accountable for misconduct and to prevent further entry into the juvenile justice system. F . Attend regular interagency meetings of the participating agencies. G . Assi st in the cooperative effort of probation , police , and schools to closely monitor and supervise juvenile probationers attending the high school campuses and to develop and operate a spectrum of intervention and diversion programs designed to improve behavior in the community, home, and school. H . Promote youth development by introducing age-appropriate prevention and intervention programs on selected FUSD elementary sites , which are designed to promote positive behaviors in the community, home , and school through positive , proactive relationships with Deputy Probation Officers. -2- 1 2 3 4 5 6 7 8 9 10 11 12 County Agreement with Fres no Un ified School District, 201 8 3. TERM : This Agreement shall become effective on July 1, 2018 and shall terminate on June 30, 2019, unless sooner terminated as provided in this Agreement. 4 . TERMINATION : A. Without Cause -Either party may terminate this Agreement without cause by giving at least thirty (30) days advance written notice of such termination to the other party. B. Breach of Contract -Either party may immediately suspend or terminate this Agreement in whole or in part, where in the determination of either party there is : 1) An illegal or improper use of funds ; 2) A failure to comply with any term of this Agreement; 3) A substantially incorrect or incomplete report has been submitted . The aggrieved party shall give written notice of such termination to the 13 breaching party. 14 In no event shall continued provision of services by COUNTY constitute a 15 waiver by COUNTY of any breach of this Agreement or any default that may then exist on the 16 part of FUSD . Neither shall continued provision of services by COUNTY impair or prejudice 17 any remedy available to COUNTY with respect to the breach or default. 18 C . Non-Allocation of Funds -The terms of this Agreement and any 19 extensions, and the services to be provided , are contingent on the approval of funds by the 20 appropriating government agency. If sufficient funds are not allocated , the services provided may 21 be modified , or this Agreement terminated at any time by giving FUSD thirty (30) days advance 22 written notice . 23 Upon any termination of this Agreement, COUNTY shall be compensated for 24 all services provided to FUSD, up to and including the date of termination based upon a 25 prorated amount: i.e ., the total financial obligation of FUSD to COUNTY under this Agreement , 26 as prorated, based upon amount of time that this Agreement is in effect compared to the total 27 term of this Agreement. 28 5 . COMPENSATION/INVOICING: -3- .. I County Agreement with Fresno Unified School District, 2018 1 As compensation to COUNTY for the performance of its services under this 2 Agreement, FUSD agrees to pay COUNTY and COUNTY agrees to receive compensation as 3 follows: Four (4) payments of eighty four thousand , three hundred seventy five dollars ($84,375) 4 paid on or about the dates of October 1, 2018 and January 1, March 1 and June 1, 2019 , 5 respectively; however, not to exceed in aggregate the maximum amount payable under this 6 Agreement of three hundred thirty seven thousand five hundred dollars ($337,500). COUNTY 7 shall invoice FUSD as noted in this section , addressed to : Fresno Unified School District 8 Accounting Department, 2309 Tulare Street, Fresno , CA 93721 . Payments by FUSD shall be 9 made within forty five (45) days of receipt of an invoice for services provided by COUNTY . 10 6 . INDEPENDENT CONTRACTOR: 11 In performance of the work , duties and obligations assumed by COUNTY 12 under this Agreement, it is mutually understood and agreed that COUNTY, including all assigned 13 Deputy Probation Officers , will at all times be acting and performing as an independent contractor, 14 and shall be an employee of COUNTY and not an employee or agent of FUSD. Furthermore , 15 FUSD shall have no right to control or supervise or direct the manner or method by whi ch 16 COUNTY shall perform its work and function . However, FUSD shall retain the right to administer 17 this Agreement so as to verify that COUNTY is performing its obligations in accordance with the 18 terms and conditions thereof. 19 FUSD and COUNTY shall comply with all applicable provisions of law and the 20 rules and regulations , if any, of governmental authorities having jurisdiction over matters the 21 subject thereof. 22 7 . MODIFICATION : 23 Any modifications to this Agreement requested either by COUNTY or FUSD 24 may only be effected if mutually agreed upon in writing by duly authorized representatives of the 25 parties hereto . This Agreement shall not be modified or any rights of it waived except by such a 26 writing . 27 28 8 . NON-ASSIGNMENT: Neither COUNTY nor FUSD may assign , transfer or subcontract their -4- County Agreement with Fresno Unified School District, 2018 1 o bli gations under this Agreement or any rights hereunder without the prior written consent of th e 2 other party . 3 9 . HOLD HARMLESS: 4 FUSD agrees to indemnify, save , hold harmless , and at COUNTY's request , 5 defend the COUNTY, its officers, agents, and employees from any and all costs and expenses , 6 damages, liabilities, claims , and losses occurring or resulting to COUNTY in connection with the 7 performance , or failure to perform , by FUSD , its officers, agents, or employees under this 8 Agreement, and from any and all costs and expenses , damages, liabilities , claims , and losses 9 occurring or resulting to any person , firm , or corporation who may be injured or damaged by the 10 performance, or failure to perform , of FUSD , its officers, agents , or employees under th is 11 Agreement. 12 COUNTY agrees to indemnify, save , hold harmless, and at FUSD's request , defend 13 the FUSD , its officers, agents, and employees from any and all costs and expenses, damages, 14 liabilities , claims, and losses occurring or resulting to FUSD in connection w ith the performance , or 15 failure to perform , by COUNTY, its officers , agents , or employees under this Agreement, and from 16 any and all costs and expenses, damages, liabilities, claims , and losses occurring or resulting to 17 any person , firm , or corporation who may be injured or damaged by the performance , or failure to 18 perform , of COUNTY , its officers , agents , or employees under this Agreement. 19 In the event of concurrent negligence on the part of COUNTY or any of its 20 officers , agents or employees , and FUSD or any of its officers , agents , or employees , the 21 liability for any and all such claims , demands and actions in law o r equity for such losses , fines , 22 penalties, forfeitures , costs and damages shall be apportioned under the State of California's 23 theory of comparative negligence as presently established or as may be modified hereafter. 24 This Section 9 shall survive termination or expiration of this Agreement. 25 10. INSURANCE 26 Without limiting COUNTY 's right to obtain indemnification from FUSD or any 27 third parties , FUSD , at its sole expense , shall maintain in full force and effect the following 28 insurance policies or a program of self-insurance , including but not limited to , an insurance pooling -5- County Agreement with Fresno Unified School District, 2018 1 arrangement or Joint Powers Agreement throughout the term of this Agreement. Coverage by 2 FUSD sh all be provided for General Liability and Workers ' Compensation . Upon request from 3 cou ~~TY, FUSD shall provide certificates of insurance or self-insurance evidencing such 4 c;<;verage. 5 Without limiting FUSD's right to obtain indemnification from COUNTY or any 6 third parties , COUNTY, at its sole expense , shall maintain in full force and effect the following 7 insurance policies or a program of self-insurance , including but not limited to , an insurance 8 pooling arrangement or Joint Powers Agreement throughout the term of this Agreement. 9 Coverage by COUNTY shall be provided for General Liability and Workers' Compensation . 10 Upon request from FUSD , COUNTY shall provide certificates of insurance or self-insurance 11 evidencing such coverage . 12 11 . AUDITS AND INSPECTIONS : 13 COUNTY shall at any time during business hours , make available to FUSD for 14 examination all of its records and data with respect to the matters cove red by this Agreement. 15 COUNTY shall , upon request by FUSD , permit FUSD to audit and inspect all of such records and 16 data necessary to ensure COUNTY's compliance with the terms of this Agreement. 17 If this Agreement exceeds ten thousand dollars ($10 ,000.00), COUNTY shall 18 be subject to the examination and audit of the California State Auditor for a period of three (3) 19 years after final payment under contract (Government Code section 8546 .7). 20 12. NOTICES : 21 The persons and their addresses having authority to give and receive notices 22 under this Agreement include the following : 23 24 25 COUNTY Chief Probation Officer 3333 E. American Ave ., Suite B Fresno , CA 93725 FUSD Superintendent Fresno Unified School District 2309 Tulare Street Fresno, CA 93721 26 Any and all notices between COUNTY and FUSD provided for under this 27 Agreement shall be in writing and shall be deemed duly served when personally delivered to one 28 of the parties , or in lieu of such personal service , when deposited in the United States Mail, -6- County Agreement with Fresno Unified School District, 2018 1 postage prepaid, addressed to such party. 2 13. GOVERNING LAW: 3 The parties agree that for purposes of venue , performance under this 4 Agreement is to be in Fresno County, California . 5 The rights and obligations of the parties and all interpretation and performance 6 of this Agreement shall be governed in all respects by the laws of the State of California . 7 14. ENTIRE AGREEMENT: 8 This Agreement constitutes the entire agreement between COUNTY and 9 FUSD with respect to the subject matter hereof and supersedes all previous Agreement 10 negotiations , proposals, commitments , writings, advertisements , publications , and understandings 11 of any nature whatsoever unless expressly included in this Agreement. 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /II 21 Ill 22 /II 23 Ill 24 /II 25 /II 26 /II 27 /II 28 /II -7- County Agreement with Fresno Unified School District, 2018 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement 2 as of the day and year first hereinabove written. 3 FRESNO UNIFIED SCHOOL DISTRICT : ~~,ii Ruii(ufu~ 6 Deputy Superintendent/CFO 7 8 9 10 11 12 2309 Tulare Street Fresno, CA 93721 13 APPROVED AS TO LEGAL FORM: Andrew DelaTorre, Director 14 COUNTY OF FRESNO ers 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 :: .. J . . . . , l}n 17 ,!J'YHrl~-- 18 Risk Manage_ment for FUSD By: d\.OL kty Deput 19 20 21 22 FORACCOUNTING USE ONLY: 23 FUND: 000.1 ORG: 34300540 24 SUBCLASS: 10000 ACCOUNT, 4895 25 26 27 28 -8-