HomeMy WebLinkAboutAgreement A-15-382 with Central Unified School District.pdfAgreement No. 15-382
County Agreement with Central Unified School District, 2015
AGREEMENT 1
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3 THIS AGREEMENT,("Agreement") is made and entered into this I 1'-H-day of
4 ~t , 2015, by and between the COUNTY OF FRESNO, a political subdivision of the
5 State of California, hereinafter referred to as "COUNTY," and the CENTRAL UNIFIED SCHOOL
6 DISTRICT, whose address is 4605 N. Polk, Fresno, CA 93722, hereinafter referred to as
7 "CENTRAL USD."
8 W I T N E S S E T H:
9 WHEREAS, some pupils attending CENTRAL USD are court wards on probation; and
10 WHEREAS, the CENTRAL USD desires services from the Fresno County Probation
11 Department be provided to ptlpils attending CENTRAL USD, and is willing to provide partial
12 funding for that purpose; and
13 WHEREAS, COUNTY is able to fund the remaining costs for two Deputy Probation
14 Officers with Juvenile Justice Crime Prevention Act (JJCPA) funds.
15 NOW, THEREFORE, in respect of mutual promises contained herein, the Parties
16 hereto agree as follows:
17 1. OBLIGATIONS OF CENTRAL USD:
18 CENTRAL USD shall compensate and remit payment to COUNTY, as provided
19 herein, in an amount not to exceed, in aggregate, Seventy-Five Thousand Dollars and No/1 00s
20 ($75,000.00).
21 2. OBLIGATIONS OF THE COUNTY:
22 The Fresno County Probation Department shall assign two (2) Deputy
23 Probation Officers to be responsible for ordinary probation services on a full-time basis at
24 CENTRAL USD school sites in the City/County of Fresno as determined by mutual agreement of
25 CENTRAL USD and COUNTY's Chief Probation Officer while this Agreement is in effect and in
26 force.
27 The duties of the assigned Deputy Probation Officers shall include, but are not
28 necessarily limited to, the following:
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County Agreement with Central Unified School District, 2015
A. Provide supervision of minors on formal and informal probation
attending CENTRAL USD high school sites as determined by mutual agreement of the
CENTRAL USD and COUNTY's Chief Probation Officer while this Agreement is in effect.
B. Operate Police/Sheriff/Probation Teams that provide investigation
and intervention services concerning minors involved in delinquent activity on the high school
campuses.
C. As determined by mutual agreement of CENTRAL USD and
COUNTY's Chief Probation Officer or his designee, 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/Sheriff/Probation
Teams 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 high schools.
E. Attend regular interagency meetings of the participating parties.
F. Assist in the cooperative effort of probation, police, Sheriff and
schools to closely monitor and supervise juvenile probationers attending the high school
campuses and develop and operate a spectrum of intervention and diversion programs
designed to improve behavior in the community, home, and school.
G. To promote youth development by introducing age-appropriate
prevention and intervention programs on CENTRAL USD's 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:
This Agreement shall become effective on the 1st day of July, 2015 and shall
terminate on the 30th day of June, 2016, unless sooner terminated as provided in this Agreement.
4. TERMINATION:
A. Without Cause-Either party may terminate this Agreement without cause
upon the giving of at least (30) days advance written notice of such termination to the other party.
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County Agreement with Central Unified School District, 2015
1 B. Breach of Contract-Either party may immediately suspend or terminate
2 this Agreement in whole or in part, where in the determination of either party there is:
3 1) An illegal or improper use of funds;
4 2) A failure to comply with any term of this Agreement;
5 3) A substantially incorrect or incomplete report has been submitted.
6 The aggrieved party shall give written notice of such termination to the
7 breaching party.
8 In no event shall continued provision of services by COUNTY constitute a
9 waiver by COUNTY of any breach of this Agreement or any default that may then exist on the
10 part of CENTRAL USD. Neither shall continued provision of services by COUNTY impair or
11 prejudice any remedy available to COUNTY with respect to the breach or default.
12 Upon any termination of this Agreement, COUNTY shall be compensated for
13 all services provided to CENTRAL USD, up to and including the date of termination based upon
14 a prorated amount: i.e., the total financial obligation of CENTRAL USD to COUNTY under this
15 Agreement, as prorated, based upon the amount of time that this Agreement is in effect
16 compared to the total term of this Agreement.
17 5. COMPENSATION/INVOICING:
18 For the services performed by COUNTY under this Agreement, CENTRAL
19 USD agrees to pay COUNTY and COUNTY agrees to receive compensation as follows: Four
20 payments of Eighteen Thousand Seven Hundred Fifty and No/100's Dollars ($18,750.00) paid on
21 or after the dates of October 1, 2015 and January 1, March 1 and June 1, 2016, respectively;
22 however, not to exceed in aggregate the maximum amount payable under this Agreement of
23 Seventy-Five Thousand Dollars and No/1 OOs ($75,000.00). COUNTY shall invoice CENTRAL
24 USD as noted in this section, addressed to: Kelly Porterfield, Chief Business Officer, 4605 N. Polk
25 Avenue, Fresno, CA 93722. Payments by CENTRAL USD shall be made within (45) days of
26 receipt of an invoice for services provided by COUNTY.
27 6. INDEPENDENT CONTRACTOR:
28 In performance of the work, duties and obligations assumed by COUNTY
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County Agreement with Central Unified School District, 2015
1 under this Agreement, it is mutually understood and agreed that COUNTY, including all assigned
2 Deputy Probation Officers, will at all times be acting and performing as an independent contractor,
3 and shall be an employee of COUNTY and not an employee or agent of CENTRAL USD.
4 Furthermore, CENTRAL USD shall have no right to control or supervise or direct the manner or
5 method by which COUNTY shall perform its work and function. However, CENTRAL USD shall
6 retain the right to administer this Agreement so as to verify that COUNTY is performing its
7 obligations in accordance with the terms and conditions thereof.
8 CENTRAL USD and COUNTY shall comply with all applicable provisions of
9 law and the rules and regulations, if any, of governmental authorities having jurisdiction over
1 0 matters the subject thereof.
11 7. MODIFICATION:
12 Any modifications to this Agreement requested either by COUNTY or
13 CENTRAL USD may only be effected if mutually agreed upon in writing by duly authorized
14 representatives of the parties hereto without affecting the remainder of this Agreement. This
15 Agreement shall not be modified or any rights of it waived except by such a writing.
16 8. NON-ASSIGNMENT:
17 Neither COUNTY nor CENTRAL USD may assign, transfer or subcontract their
18 obligations under this Agreement or any rights hereunder without the prior written consent of the
19 other party.
20 9. HOLD HARMLESS:
21 CENTRAL USD agrees to indemnify, save, hold harmless, and at COUNTY's
22 request, defend the COUNTY, its officers, agents, and employees from any and all costs and
23 expenses, damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection
24 with the performance, or failure to perform, by CENTRAL USD, its officers, agents, or employees
25 under this Agreement, and from any and all costs and expenses, damages, liabilities, claims, and
26 losses occurring or resulting to any person, firm, or corporation who may be injured or damaged
27 by the performance, or failure to perform, of CENTRAL USD, its officers, agents, or employees
28 under this Agreement.
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County Agreement with Central Unified School District, 2015
1 COUNTY agrees to indemnify, save, hold harmless, and at CENTRAL USD 's
2 request, defend CENTRAL USD, its officers, agents, and employees from any and all costs and
3 expenses, damages, liabilities, claims, and losses occurring or resulting to CENTRAL USD in
4 connection with the performance, or failure to perform, by COUNTY, its officers, agents, or
5 employees under this Agreement, and from any and all costs and expenses, damages, liabilities,
6 claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or
7 damaged by the performance, or failure to perform, of COUNTY, its officers, agents, or employees
8 under this Agreement.
9 In the event of concurrent negligence on the part of COUNTY or any of its
10 officers, agents or employees, and CENTRAL USD or any of its officers, agents, or employees,
11 the liability for any and all such claims, demands and actions in law or equity for such losses,
12 fines, penalties, forfeitures, costs and damages shall be apportioned under the State of
13 California's theory of comparative negligence as presently established or as may be modified
14 hereafter.
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This section shall survive termination or expiration of this Agreement.
10. INSURANCE
17 Without limiting COUNTY's right to obtain indemnification from CENTRAL
18 USD or any third parties, CENTRAL USD, at its sole expense, shall maintain in full force and effect
19 the following insurance policies or a program of self-insurance, including but not limited to, an
20 insurance pooling arrangement or Joint Powers Agreement throughout the term of this
21 Agreement. Coverage by CENTRAL USD shall be provided for General Liability and Workers'
22 Compensation. Upon request from COUNTY, CENTRAL USD shall provide a certificate of
23 insurance or self-insurance providing evidence of such coverage.
24 Without limiting CENTRAL USD's right to obtain indemnification from
25 COUNTY or any third parties, COUNTY, at its sole expense, shall maintain in full force and
26 effect the following insurance policies or a program of self-insurance, including but not limited
27 to, an insurance pooling arrangement or Joint Powers Agreement throughout the term of this
28 Agreement. Coverage by COUNTY shall be provided for General Liability and Workers'
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County Agreement with Central Unified School District, 2015
1 Compensation. Upon request from CENTRAL USD, COUNTY shall provide a certificate of
2 insurance or self-insurance providing evidence of such coverage.
3 11. AUDITS AND INSPECTIONS:
4 COUNTY shall at any time during business hours, make available to
5 CENTRAL USD for examination all of its records and data with respect to the matters covered by
6 this Agreement. COUNTY shall, upon request by CENTRAL USD, permit the CENTRAL USD to
7 audit and inspect all of such records and data necessary to ensure COUNTY's compliance with
8 the terms of this Agreement.
9 If this Agreement exceeds ten thousand dollars ($1 0,000.00), COUNTY shall
10 be subject to the examination and audit of the Auditor General for a period of three (3) years after
11 final payment under contract (Government Code Section 8546.7).
12 12. NOTICES:
13 The persons and their addresses having authority to give and receive notices
14 under this Agreement include the following:
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COUNTY
Chief Probation Officer
Fresno Co. Probation Dept.
3333 E. American Ave., Suite B
Fresno, CA 93725
CENTRAL USD
Superintendent
Central Unified School District
4605 N. Polk
Fresno, CA 93722
18 Any and all notices between the COUNTY and CENTRAL USD provided
19 under this Agreement shall be in writing and shall be deemed duly served when personally
20 delivered to one of the parties, or in lieu of such personal services, when deposited in the United
21 States Mail, postage prepaid, addressed to such party.
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13. GOVERNING LAW:
The parties agree that for purposes of venue, performance under this
24 Agreement is to be in Fresno County, California.
25 The rights and obligations of the parties and all interpretation and performance
26 of this Agreement shall be governed in all respects by the laws of the State of California.
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14. ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between COUNTY and
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County Agreement with Central Unified School District, 2015
1 CENTRAL USD with respect to the subject matter hereof and supersedes all previous Agreement
2 negotiations, proposals, commitments, writings, advertisements, publications, and understandings
3 of any nature whatsoever unless expressly included in this Agreement.
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County Agreement with Central Unified School District, 2015
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement
2 as of the day and year first hereinabove written.
3 CENTRAL UNIFIED SCHOOL DISTRICT
: K~, Chief Business Officer
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9 ATTEST:
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APPROVED AS TO LEGAL FORM:
15 Legal Counsel for Central USD
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FOR ACCOUNTING USE ONLY:
FUND: 0001
ORG: 34300545
SUBCLASS: 10000
ACCOUNT: 4895
COUNTY OF FRESNO
APPROVED AS TO LEGAL FORM:
Daniel C. Cederberg, County Counsel
APPROVED AS TO ACCOUNTING FORM:
Vicki Crow, CPA
Auditor-Controllerffreasurer-Tax Collector
1./c~L. e lt~
Deputy
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