HomeMy WebLinkAbout32952County Agreement with Sanger Unified School District, 2018
1 AGREEMENT
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3 THIS AGREEMENT, hereinafter referred to as "Agreement," is made and entered into this
4 11th day of September, 2018 ("Effective Date"), by and between the COUNTY OF FRESNO, a political
5 subdivision of the State of California, hereinafter referred to as "COUNTY," and the SANGER UNIFIED
6 SCHOOL DISTRICT, whose address is 1905 Seventh Street, Sanger, CA 93657, hereinafter referred to as
7 "SANGER USD."
8 W I T N E S S E T H:
9 WHEREAS, some students attending SANGER USO are court wards on probation; and
10 WHEREAS, SANGER USO desires services from the Fresno County Probation Department
11 be provided to students attending SANGER USO, and is willing to provide partial funding for that purpose;
12 and
13 WHEREAS, COUNTY is able to fund the remaining costs for one (1) Deputy Probation Officer
14 with Juvenile Justice Crime Prevention Act ("JJCPA") funds.
15 NOW, THEREFORE, in respect of mutual promises contained herein, the Parties agree as
16 follows:
17 1 . OBLIGATIONS OF SANGER USO:
18 SANGER USO shall compensate and remit payment to COUNTY, as provided herein, a
19 total compensation amount not to exceed thirty seven thousand, five hundred dollars ($37,500).
2.OBLIGATIONS OF COUNTY:20
21 The Fresno County Probation Department shall assign one (1) Deputy Probation
22 Officer to be responsible for ordinary probation services on a full-time basis at SANGER USO school sites
23 in the City of Sanger/County of Fresno, as determined by mutual written agreement of SANGER USO and
24 COUNTY's Chief Probation Officer while this Agreement is in effect and in force.
25 The duties of the assigned Deputy Probation Officer shall include, but are not
26 necessarily limited to, the following:
27 A.Provide supervision of students on formal and informal probation attending
28 SANGER USO school sites as determined by mutual written agreement of the SANGER USO and
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Agreement No. 18-531
County Agreement with Sanger Unified School District, 2018
1 COUNTY's Chief Probation Officer while this Agreement is in effect.
2 B.Operate a Police/Sheriff/Probation Team that provides investigation and
3 intervention services concerning students involved in delinquent activity on the school campuses.
4 C.By mutual agreement of the SANGER USO and COUNTY's Chief
5 Probation Officer or his designee, impose and monitor programs of informal probation and other
6 dispositional options for students attending the school campuses who commit crimes off campus and
7 who are referred to the school Police/Sheriff/Probation Team for intake services by the Probation
8 Department Intake Unit.
9 D.Work closely with school administrators and faculty to ensure school
1 O attendance of students on probation attending the specified schools.
11 E.Attend regular interagency meetings of the participating parties.
12 F.Assist in the cooperative effort of probation, police, Sheriff and schools to
13 closely monitor and supervise juvenile probationers attending the school campuses and to develop and
14 operate a spectrum of intervention and diversion programs designed to improve behavior in the
15 community, home, and school.
16 G.Promote youth development by introducing age-appropriate prevention
17 and intervention programs on SANGER USD's elementary sites, which are designed to promote positive
18 behaviors in the community, home, and school through positive, proactive relationships with Deputy
19 Probation Officers.
20 3.TERM:
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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
givin g at least (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;
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County Agreement with Sanger Unified School District, 2018
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2)A failure to comply with any term of this Agreement;
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3)A substantially incorrect or incomplete report has been submitted.
The aggrieved party shall give written notice of such termination to the breaching
In no event shall continued provision of services by COUNTY constitute a waiver by
6 COUNTY of any breach of this Agreement or any default that may then exist on the part of SANGER
7 USO. Neither shall continued provision of services by COUNTY impair or prejudice any remedy
8 available to COUNTY with respect to the breach or default.
9 C.Non-Allocation of Funds -The terms of this Agreement and any extensions, and
1 O the services to be provided, are contingent on the approval of funds by the appropriating government
11 agency. If sufficient funds are not allocated, the services provided may be modified, or this Agreement
12 terminated at any time by giving SANGER USO thirty (30) days advance written notice.
13 Upon any termination of this Agreement, COUNTY shall be compensated for all
14 services provided to SANGER USO, up to and including the date of termination based upon a prorated
15 amount: i.e., the total financial obligation of SANGER USO to COUNTY under this Agreement, as
16 prorated, based upon amount of time that this Agreement is in effect compared to the total term of this
17 Agreement.
18 5.COMPENSATION/INVOICING:
19 For the services performed by COUNTY under this Agreement, SANGER USO agrees
20 to pay COUNTY and COUNTY agrees to receive compensation as follows: Four (4) payments of nine
21 thousand three hundred seventy five dollars ($9,375) paid on or about the dates of October 1, 2018 and
22 January 1, March 1 and June 1, 2019, respectively; however, not to exceed in aggregate the maximum
23 amount payable under this Agreement of thirty seven thousand five hundred dollars ($37,500). COUNTY
24 shall invoice SANGER USO as noted in this section, addressed to: Matthew Navo, Superintendent/Chief
25 Business Officer, 1905 Seventh Street, Fresno, CA 93657. Payments by SANGER USO shall be made
26 within forty five (45) days upon receipt of invoice for services provided by COUNTY.
27 6.INDEPENDENT CONTRACTOR:
28 In performance of the work, duties and obligations assumed by COUNTY under this
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County Agreement with Sanger Unified School District, 2018
1 Agreement, it is mutually understood and agreed that COUNTY, including all assigned Deputy Probation
2 Officers, will at all times be acting and performing as an independent contractor, and shall be an employee
3 of COUNTY and not an employee or agent of SANGER USO. Furthermore, SANGER USO shall have no
4 right to control or supervise or direct the manner or method by which COUNTY shall perform its work and
5 function. However, SANGER USD shall retain the right to administer this Agreement so as to verify that
6 COUNTY is performing its obligations in accordance with the terms and conditions thereof.
7 SANGER USO and COUNTY shall comply with all applicable provisions of law and
8 the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject
9 thereof.
10 7.MODIFICATION:
11 Any modifications to this Agreement requested either by COUNTY or SANGER USO
12 may only be effected if mutually agreed upon in writing by duly authorized representatives of the parties
13 hereto without affecting the remainder of this Agreement. This Agreement shall not be modified or any
14 rights of it waived except by such a writing.
15 8.NON-ASSIGNMENT:
16 Neither COUNTY nor SANGER USD may assign, transfer or subcontract their
17 obligations under this Agreement or any rights hereunder without the prior written consent of the other
18 party.
19 9.HOLD HARMLESS:
20 SANGER USD agrees to indemnify, save, hold harmless, and at COUNTY'S request,
21 defend the COUNTY, its officers, agents, and employees from any and all costs and expenses, damages,
22 liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance, or
23 failure to perform, by SANGER USO, its officers, agents, or employees under this Agreement, and from any
24 and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any person,
25 firm, or corporation who may be injured or damaged by the performance, or failure to perform, of SANGER
26 USO, its officers, agents, or employees under this Agreement.
27 COUNTY agrees to indemnify, save, hold harmless, and at SANGER USO 's request,
28 defend SANGER USO, its officers, agents, and employees from any and all costs and expenses, damages,
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County Agreement with Sanger Unified School District, 2018
1 liabilities, claims, and losses occurring or resulting to SANGER USO in connection with the performance, or
2 failure to perform, by COUNTY, its officers, agents, or employees under this Agreement, and from any and
3 all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any person, firm, or
4 corporation who may be injured or damaged by the performance, or failure to perform, of COUNTY, its
5 officers, agents, or employees under this Agreement.
6 In the event of concurrent negligence on the part of COUNTY or any of its officers,
7 agents or employees, and SANGER USO or any of its officers, agents, or employees, the liability for any
8 and all such claims, demands and actions in law or equity for such losses, fines, penalties, forfeitures,
9 costs and damages shall be apportioned under the State of California's theory of comparative
10 negligence as presently established or as may be modified hereafter.
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12 10.
This Section 9 shall survive termination or expiration of this Agreement.
INSURANCE
13 Without limiting COUNTY's right to obtain indemnification from SANGER USO or any
14 third parties, SANGER USO, at its sole expense, shall maintain in full force and effect the following
15 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
16 arrangement or Joint Powers Agreement throughout the term of this Agreement. Coverage by SANGER
17 USO shall be provided for General Liability and Workers' Compensation. Upon request from COUNTY,
18 SANGER USO shall provide a certificate of insurance or self-insurance providing evidence of such
19 coverage.
20 Without limiting SANGER USD's right to obtain indemnification from COUNTY or
21 any third parties, COUNTY, at its sole expense, shall maintain in full force and effect the following
22 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
23 arrangement or Joint Powers Agreement throughout the term of this Agreement. Coverage by COUNTY
24 shall be provided for General Liability and Workers' Compensation. Upon request from SANGER USO,
25 COUNTY shall provide a certificate of insurance or self-insurance providing evidence of such coverage.
26 11.AUDITS AND INSPECTIONS:
27 COUNTY shall at any time during business hours, make available to SANGER USO
28 for examination all of its records and data with respect to the matters covered by this Agreement. COUNTY
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County Agreement with Sanger Unified School District, 2018
1 shall, upon request by SANGER USO, permit the SANGER USO to audit and inspect all of such records
2 and data necessary to ensure COUNTY's compliance with the terms of this Agreement.
3 If this Agreement exceeds ten thousand dollars ($10,000.00), COUNTY shall be
4 subject to the examination and audit of the California State Auditor for a period of three (3) years after final
5 payment under contract (Government Code Section 8546.7).
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12.NOTICES:
The persons and their addresses having authority to give and receive notices under
this Agreement include the following:
COUNTY SANGER USD
Chief Probation Officer Superintendent
Fresno Co. Probation Dept. Sanger Unified School District
3333 E. American Ave., Suite B 1905 Seventh Street
Fresno, CA 93725 Sanger, CA
Any and all notices between the COUNTY and SANGER USD provided for under this
Agreement shall be in writing and shall be deemed duly served when personally delivered to one of the
parties, or in lieu of such personal services, when deposited in the United States Mail, postage prepaid,
addressed to such party.
13.GOVERNING LAW:
The parties agree that for purposes of venue, performance under this Agreement is to
be in Fresno County, California.
The rights and obligations of the parties and all interpretation and performance of this
Agreement shall be governed in all respects by the laws of the State of California.
14.ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between COUNTY and SANGER
USO with respect to the subject matter hereof and supersedes all previous Agreement negotiations,
proposals, commitments, writings, advertisements, publications, and understandings of any nature
whatsoever unless expressly included in this Agreement.
Ill
Ill
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County Agreement with Sanger Unified School District , 2018
1 IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
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SANGER UNIFIED SCHOOL DISTRICT
1905 Seventh Street
Sanger, CA 93657
FOR ACCOUNTING USE ONLY:
FUND: 0001
ORG : 343000580
SUBCLASS : 10000
ACCOUNT : 4895
COUNTY OF FRESNO
rso e Board of Supervisors
of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
By ;'.!,CA .' ~
Depu
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