HomeMy WebLinkAboutAgreement A-19-569 with SUSD.pdfCounty Agreement with Sanger Unified School District, 2019
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A G R E E M E N T
THIS AGREEMENT, (“Agreement”) is made and entered into this day of ____________,
2019 (“Effective Date”), by and between the COUNTY OF FRESNO, a political subdivision of the State of
California (“COUNTY”), and SANGER UNIFIED SCHOOL DISTRICT, whose address is 1905 Seventh
Street, Sanger, CA 93657, (“CONTRACTOR” or "SANGER USD").
W I T N E S S E T H:
WHEREAS, some students attending SANGER USD are court wards on probation; and
WHEREAS, COUNTY is unable to fund sufficient Deputy Probation Officer positions for the
purpose of assignments to oversee students attending SANGER USD; and
WHEREAS, SANGER USD desires that services from the Fresno County Probation
Department be provided to students attending SANGER USD, and is willing to provide partial funding for
that purpose; and
WHEREAS, COUNTY is able to fund the remaining costs for one (1) Deputy Probation
Officer, with Juvenile Justice Crime Prevention Act (“JJCPA”) funds.
NOW, THEREFORE, in respect of mutual promises contained herein, the Parties agree as
follows:
1.OBLIGATIONS OF FUSD:
SANGER USD shall compensate and remit payment to COUNTY, as provided herein, a
total annual compensation amount not to exceed thirty-seven thousand, five hundred dollars ($37,500)
during the term of this Agreement, in accordance with Section 5, herein.
2.OBLIGATIONS OF COUNTY:
COUNTY shall assign one (1) Deputy Probation Officer to be responsible for ordinary
probation services on a full-time basis at SANGER USD school sites in Sanger, as determined by mutual
written agreement of SANGER USD and COUNTY’s Chief Probation Officer, while this Agreement is in
effect and in force. COUNTY shall also make every effort to provide a Deputy Probation Officer to attend
and participate in Mega School Attendance Review Board (“SARB”) court hearings on a weekly basis.
The duties of the assigned Deputy Probation Officer shall be, but are not necessarily
5th November
Agreement No. 19-569
County Agreement with Sanger Unified School District, 2019
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limited to, the following:
A.Provide supervision of students on formal and informal probation attending
SANGER USD school sites in Sanger, as determined by mutual written agreement of SANGER USD
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 investigation and intervention services concerning minors
involved in delinquent activity on SANGER USD high school campuses.
C.Impose and monitor programs of informal probation and other dispositional
options for minors attending the high school campuses who commit crimes off campus and who are
referred to the high school Police/Probation Team for intake services by the Probation Department
Intake Unit.
D.Work closely with school administrators and faculty to ensure school
attendance of students on probation attending the specified high schools.
E.Develop school-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.Assist in the cooperative effort of probation, police, and schools to closely
monitor and supervise juvenile probationers attending the high school campuses, and help 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 SANGER USD elementary sites, which are designed to promote
positive behaviors in the community, home, and school through positive, proactive relationships with
Deputy Probation Officers.
3.TERM:
The term of this Agreement shall be for a period of one (1) year, retroactively
commencing on July 1, 2019, through and including June 30, 2020. This Agreement may be extended for
County Agreement with Sanger Unified School District, 2019
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four (4) additional consecutive twelve (12) month periods upon written approval of both parties no later than
thirty (30) days prior to the day of the next twelve (12) month extension period. The Chief Probation Officer
or his or her designee is authorized to execute such written approval on behalf of COUNTY based on
CONTRACTOR’S satisfactory performance.
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 breaching
party.
In no event shall continued provision of services by COUNTY constitute a waiver by
COUNTY of any breach of this Agreement or any default that may then exist on the part of SANGER
USD. Neither shall continued provision of services by COUNTY impair or prejudice any remedy
available to COUNTY with respect to the breach or default.
C.Non-Allocation of Funds - The terms of this Agreement and any extensions, and
the services to be provided, are contingent on the approval of funds by the appropriating government
agency. If sufficient funds are not allocated, the services provided may be modified, or this Agreement
terminated at any time without penalty by giving SANGER USD thirty (30) days advance written notice.
Upon any termination of this Agreement, COUNTY shall be compensated for all
services provided to SANGER USD, up to and including the date of termination based upon a prorated
amount: i.e., the total financial obligation of SANGER USD to COUNTY under this Agreement, as
prorated, based upon amount of time that this Agreement is in effect compared to the total term of this
Agreement.
5.COMPENSATION/INVOICING:
County Agreement with Sanger Unified School District, 2019
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As compensation to COUNTY for the performance of its services under this
Agreement, SANGER USD agrees to pay COUNTY, and COUNTY agrees to receive, compensation as
follows: SANGER USD shall pay to COUNTY an annual maximum compensation amount not to exceed
thirty seven thousand five hundred dollars ($37,500), in four (4) payments of nine thousand, three hundred,
seventy-five dollars ($9,375) paid on or about the dates of October 1, January 1, March 1, and June 1, for
each year that the Agreement is in place. In no event shall the maximum compensation amount payable to
COUNTY by SANGER USD collectively under this Agreement for the total potential five (5) year Agreement
term exceed one hundred, eighty-seven thousand, five hundred dollars ($187,500). COUNTY shall invoice
SANGER USD as noted in this section, addressed to: Matthew Navo, Superintendent/Chief Business
Officer, 1905 Seventh Street, Fresno, CA 93657. Payments by SANGER USD shall be made to COUNTY
within forty-five (45) days of receipt of an invoice for services provided by COUNTY.
6.INDEPENDENT CONTRACTOR:
In performance of the work, duties and obligations assumed by COUNTY under this
Agreement, it is mutually understood and agreed that COUNTY, including all assigned Deputy Probation
Officers, will at all times be acting and performing as an independent contractor, and shall be an employee
of COUNTY and not an employee or agent of SANGER USD. Furthermore, SANGER USD shall have no
right to control or supervise or direct the manner or method by which COUNTY shall perform its work and
function. However, SANGER USD shall retain the right to administer this Agreement so as to verify that
COUNTY is performing its obligations in accordance with the terms and conditions thereof.
SANGER USD and COUNTY shall comply with all applicable provisions of law and
the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject
thereof.
7.MODIFICATION:
Any modifications to this Agreement requested either by COUNTY or SANGER USD
may only be effected if mutually agreed upon in writing by duly authorized representatives of the parties
hereto. This Agreement shall not be modified or any rights of it waived except by such a writing.
8.NON-ASSIGNMENT:
Neither COUNTY nor SANGER USD may assign, transfer or subcontract their
County Agreement with Sanger Unified School District, 2019
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obligations under this Agreement or any rights hereunder without the prior written consent of the other
party.
9.HOLD HARMLESS:
SANGER USD agrees to indemnify, save, hold harmless, and at COUNTY's request,
defend 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 SANGER USD, 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 SANGER
USD, its officers, agents, or employees under this Agreement.
COUNTY agrees to indemnify, save, hold harmless, and at SANGER USD's request, defend
the SANGER USD, its officers, agents, and employees from any and all costs and expenses, damages,
liabilities, claims, and losses occurring or resulting to SANGER USD 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 employees under this Agreement.
In the event of concurrent negligence on the part of COUNTY or any of its officers,
agents or employees, and SANGER USD or any of its officers, agents, or employees, the liability for any
and all such claims, demands and actions in law or equity for such losses, fines, penalties, forfeitures,
costs and damages shall be apportioned under the State of California's theory of comparative
negligence as presently established or as may be modified hereafter.
This Section 9 shall survive termination or expiration of this Agreement.
10.INSURANCE
Without limiting COUNTY’s right to obtain indemnification from SANGER USD or any
third parties, SANGER USD, at its sole expense, shall maintain in full force and effect the following
insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
arrangement or Joint Powers Agreement throughout the term of this Agreement. Coverage by SANGER
County Agreement with Sanger Unified School District, 2019
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USD shall be provided for General Liability and Workers’ Compensation. Upon request from COUNTY,
SANGER USD shall provide certificates of insurance or self-insurance evidencing such coverage.
Without limiting SANGER USD’s right to obtain indemnification from COUNTY or
any third parties, COUNTY, at its sole expense, shall maintain in full force and effect the following
insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
arrangement or Joint Powers Agreement throughout the term of this Agreement. Coverage by COUNTY
shall be provided for General Liability and Workers’ Compensation. Upon request from SANGER USD,
COUNTY shall provide certificates of insurance or self-insurance evidencing such coverage.
11.AUDITS AND INSPECTIONS:
COUNTY shall at any time during business hours, make available to SANGER USD
for examination all of its records and data with respect to the matters covered by this Agreement. COUNTY
shall, upon request by SANGER USD, permit SANGER USD to audit and inspect all of such records and
data necessary to ensure COUNTY’s compliance with the terms of this Agreement.
If this Agreement exceeds ten thousand dollars ($10,000.00), COUNTY shall be
subject to the examination and audit of the California State Auditor for a period of three (3) years after final
payment under contract (Government Code section 8546.7).
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 3333 E. American Ave., Suite B Sanger Unified School District Fresno, CA 93725 1905 Seventh Street Sanger, CA
All notices between the COUNTY and SANGER USD provided for or permitted
under this Agreement must be in writing and delivered either by personal service, by first-class United
States mail, by an overnight commercial courier service, or by telephonic facsimile transmission. A
notice delivered by personal service is effective upon service to the recipient. A notice delivered by first-
class United States mail is effective three COUNTY business days after deposit in the United States
mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier
County Agreement with Sanger Unified School District, 2019
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service is effective one COUNTY business day after deposit with the overnight commercial courier
service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the
recipient. A notice delivered by telephonic facsimile is effective when transmission to the recipient is
completed (but, if such transmission is completed outside of COUNTY business hours, then such
delivery shall be deemed to be effective at the next beginning of a COUNTY business day), provided
that the sender maintains a machine record of the completed transmission. For all claims arising out of
or related to this Agreement, nothing in this section establishes, waives, or modifies any claims
presentation requirements or procedures provided by law, including but not limited to the Government
Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810).
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
USD 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.
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County Agreement with Sanger Unified School District , 2019
1 IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written .
3 SANGER UNIFIED SCHOOL DISTRICT
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dent
FOR ACCOUNTING USE ON LY:
20 FUND : 0001
ORG : 34300540
21 SUBCLASS : 10000
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ACCOUNT : 4895
By :
COUNTY OF FRESNO
Nathan Magsig , Chairman of the
Board of Supervisors of the County of
Fresno
ATTEST:
Bern ice E. Seidel ,
Clerk of the Board of Supervisors
County of Fresno , State of California
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