HomeMy WebLinkAboutAgreement A-16-495 with Central USD.pdf County Agreement with Central Unified School District, 2016
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A G R E E M E N T
THIS AGREEMENT, (“Agreement”) is made and entered into this day of
____________, 2016, by and between the COUNTY OF FRESNO, a political subdivision of the
State of California, hereinafter referred to as "COUNTY," and the CENTRAL UNIFIED SCHOOL
DISTRICT, whose address is 4605 N. Polk, Fresno, CA 93722, hereinafter referred to as
"CENTRAL USD."
W I T N E S S E T H:
WHEREAS, some pupils attending CENTRAL USD are court wards on probation; and
WHEREAS, the CENTRAL USD desires services from the Fresno County Probation
Department be provided to pupils attending CENTRAL USD, and is willing to provide partial
funding for that purpose; and
WHEREAS, COUNTY is able to fund the remaining costs for two Deputy Probation
Officers with Juvenile Justice Crime Prevention Act (JJCPA) funds.
NOW, THEREFORE, in respect of mutual promises contained herein, the Parties
hereto agree as follows:
1. OBLIGATIONS OF CENTRAL USD:
CENTRAL USD shall compensate and remit payment to COUNTY, as provided
herein, in an amount not to exceed, in aggregate, Seventy-Five Thousand Dollars and No/100s
($75,000.00).
2. OBLIGATIONS OF THE COUNTY:
The Fresno County Probation Department shall assign two (2) Deputy
Probation Officers to be responsible for ordinary probation services on a full-time basis at
CENTRAL USD school sites in the City/County of Fresno as determined by mutual agreement of
CENTRAL USD and COUNTY’s Chief Probation Officer while this Agreement is in effect and in
force.
The duties of the assigned Deputy Probation Officers shall include, but are not
necessarily limited to, the following:
County Agreement with Central Unified School District, 2016
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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 inte rvention 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, 2016 and shall
terminate on the 30th day of June, 2017, 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.
County Agreement with Central Unified School District, 2016
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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 Agreemen t or any default that may then exist on the
part of CENTRAL USD. Neither shall continued provision of services by COUNTY impair or
prejudice any remedy available to COUNTY with respect to the breach or default.
Upon any termination of this Agreement, COUNTY shall be compensated for
all services provided to CENTRAL USD, up to and including the date of termination based upon
a prorated amount: i.e., the total financial obligation of CENTRAL USD to COUNTY under this
Agreement, as prorated, based upon the amount of time that this Agreement is in effect
compared to the total term of this Agreement.
5. COMPENSATION/INVOICING:
For the services performed by COUNTY under this Agreement, CENTRAL
USD agrees to pay COUNTY and COUNTY agrees to receive compensation as follows: Four
payments of Eighteen Thousand Seven Hundred Fifty and No/100’s Dollars ($18,750.00) paid on
or after the dates of October 1, 2016 and January 1, March 1 and June 1, 2017, respectively;
however, not to exceed in aggregate the maximum amount payable under this Agreement of
Seventy-Five Thousand Dollars and No/100s ($75,000.00). COUNTY shall invoice CENTRAL
USD as noted in this section, addressed to: Kelly Porterfield, Chief Business Officer, 4605 N. Polk
Avenue, Fresno, CA 93722. Payments by CENTRAL USD shall be made within (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
County Agreement with Central Unified School District, 2016
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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 CENTRAL USD.
Furthermore, CENTRAL 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, CENTRAL 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.
CENTRAL 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
CENTRAL USD may only be effected if mutually agreed upon in writing by duly authorized
representatives of the parties hereto without affecting the remainder of this Agreement. This
Agreement shall not be modified or any rights of it waived except by such a writing.
8. NON-ASSIGNMENT:
Neither COUNTY nor CENTRAL USD 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:
CENTRAL USD 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 CENTRAL 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 CENTRAL USD, its officers, agents, or employees
under this Agreement.
County Agreement with Central Unified School District, 2016
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COUNTY agrees to indemnify, save, hold harmless, and at CENTRAL USD 's
request, defend CENTRAL USD, its officers, agents, and employees from any and all costs and
expenses, damages, liabilities, claims, and losses occurring or resulting to CENTRAL 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 CENTRAL 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 shall survive termination or expiration of this Agreement.
10. INSURANCE
Without limiting COUNTY’s right to obtain indemnification from CENTRAL
USD or any third parties, CENTRAL 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 CENTRAL USD shall be provided for General Liability and Workers’
Compensation. Upon request from COUNTY, CENTRAL USD shall provide a certificate of
insurance or self-insurance providing evidence of such coverage.
Without limiting CENTRAL 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 th roughout the term of this
Agreement. Coverage by COUNTY shall be provided for General Liability and Workers’
County Agreement with Central Unified School District, 2016
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Compensation. Upon request from CENTRAL USD, COUNTY shall provide a certificate of
insurance or self-insurance providing evidence of such coverage.
11. AUDITS AND INSPECTIONS:
COUNTY shall at any time during business hours, make available to
CENTRAL USD for examination all of its records and data with respect to the matters covered by
this Agreement. COUNTY shall, upon request by CENTRAL USD, permit the CENTRAL 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 Auditor General 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 CENTRAL USD
Chief Probation Officer Superintendent
Fresno Co. Probation Dept. Central Unified School District
3333 E. American Ave., Suite B 4605 N. Polk
Fresno, CA 93725 Fresno, CA 93722
Any and all notices between the COUNTY and CENTRAL USD provided
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
County Agreement with Central Unified School District, 2016
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CENTRAL 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 Central Unified School District, 2016
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
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Kelly Porterfield, Chief Business Officer
Date: C-?.'1-\(o
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
COUNTY OF FRESNO
£__y-~~
Ernest Buddy Mendes
Chairman, Board of Supervisors
Date: __.!._~_!...__..p....._q.:.....,.1 ~W::....::.......I~L?:..__ __
ATTEST:
Bernice E. Seidel, Clerk
Board of Supervisors
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