HomeMy WebLinkAboutAgreement A-16-496 with Sanger USD.pdf County Agreement with Sanger Unified School District, 2016
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A G R E E M E N T
THIS AGREEMENT, hereinafter referred to as “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 SANGER
UNIFIED SCHOOL DISTRICT, whose address is 1905 Seventh Street, Sanger, CA 93657,
hereinafter referred to as "SANGER USD."
W I T N E S S E T H:
WHEREAS, some pupils attending SANGER USD are court wards on probation; and
WHEREAS, SANGER USD desires services from the Fresno County Probation
Department be provided to pupils 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 Deputy Probation
Officer 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 SANGER USD:
SANGER USD shall compensate and remit payment to COUNTY, as provided
herein, in an amount not to exceed, in aggregate, Thirty-Seven Thousand Five Hundred Dollars
and No/100s ($37,500.00).
2. OBLIGATIONS OF COUNTY:
The Fresno County Probation Department 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 the City of Sanger/County of Fresno as determined by mutual agreement of
SANGER USD and COUNTY’s Chief Probation Officer or his designee while this Agreement is in
effect and in force.
The duties of the assigned Deputy Probation Officer shall be, but are not
necessarily limited to, the following:
County Agreement with Sanger Unified School District, 2016
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A. To provide supervision of minors on formal and informal probation
attending SANGER USD school sites as determined by mutual agreement of the SANGER
USD and COUNTY’s Chief Probation Officer or his designee while this Agreement is in effect.
B. To operate a Police/Sheriff/Probation Team that provides
investigation and intervention services concerning minors involved in delinquent activity o n the
school campuses.
C. By mutual agreement of the SANGER USD and COUNTY’s Chief
Probation Officer or his designee, to impose and monitor programs of informal probation and
other dispositional options for minors attending the school campuses who commit crimes off
campus and who are referred to the school Police/Sheriff/Probation Team for intake services by
the Probation Department Intake Unit.
D. To work closely with school administrators and faculty to ensure
school attendance of pupils on probation attending the specified schools.
E. To attend regular interagency meetings of the participating parties.
F. To assist in the cooperative effort of probation, police, Sheriff and
schools to closely monitor and supervise juvenile probationers attending the school campuses
and to 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 SANGER 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 July 1, 2016 and shall terminate on
June 30, 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 Sanger 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 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.
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:
For the services performed by COUNTY under this Agreement, SANGER USD
agrees to pay COUNTY and COUNTY agrees to receive compensation as follows: Four
payments of Nine Thousand Three Hundred Seventy-Five and No/100’s Dollars ($9,375.00) 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
Thirty-Seven Thousand Five Hundred Dollars and No/100s ($37,500.00). 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 within (45) days upon receipt of invoice for services provided by COUNTY.
6. INDEPENDENT CONTRACTOR:
In performance of the work, duties and obligations assumed by COUNTY
County Agreement with Sanger 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 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 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 SANGER 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:
SANGER 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 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 Agreement with Sanger Unified School District, 2016
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COUNTY agrees to indemnify, save, hold harmless, and at SANGER USD 's
request, defend 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 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 USD shall be provided for General Liability and Workers’
Compensation. Upon request from COUNTY, SANGER USD shall provide a certificate of
insurance or self-insurance providing evidence of 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 Powe rs Agreement throughout the term of this
Agreement. Coverage by COUNTY shall be provided for General Liability and Workers’
County Agreement with Sanger Unified School District, 2016
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Compensation. Upon request from SANGER 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 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 the 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 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 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:
County Agreement with Sanger Unified School District, 2016
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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, 2016
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement
2 as of the day and year first hereinabove written.
3 SANGER UNIFIED SCHOOL DISTRICT
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PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
COUNTY OF FRESNO
~~~
Ernest Buddy Mendes
Chairman, Board of Supervisors
Date: ~ q , Q_o llP
ATTEST:
Bernice E. Seidel, Clerk
Board of Supervisors
Deputy
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