HomeMy WebLinkAboutAgreement A-17-618 with FCSS.pdfCounty Agreement with County Superintendent of Schools, 2017
TIP 2017-18 Agreement
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A G R E E M E N T
THIS AGREEMENT is made and entered into this day of , 2017, by
and between the COUNTY OF FRESNO, a political subdivision of the State of California,("COUNTY")
and the FRESNO COUNTY SUPERINTENDENT OF SCHOOLS, whose address is 1111 Van Ness
Avenue, Fresno, CA 93721 ("FCSS"), for the purpose of continuing the Truancy Intervention Program,
hereinafter referred to as “TIP.” TIP is a collaborative effort involving the following school district
entities: the Caruthers, Coalinga-Huron, Firebaugh-Las Deltas, Golden Plains, Kerman, Laton, Mendota,
Sanger, Sierra and Washington Unified School Districts; Washington Colony Elementary School
District; Fresno County Office of Education’s Violet Heintz Education Academy; and Kermit Koontz
Education Complex, each of which is hereinafter referred to individually as a “DISTRICT” and
collectively referred to as “DISTRICTS.”
W I T N E S S E T H:
WHEREAS, the Fresno County Probation Department (hereinafter “Probation
Department”) recognizes the correlation between chronic school absenteeism and criminal activity, drug
use and incarceration, and therefore believes a continued coordinated effort through an anti-truancy
program will reduce school absenteeism; and
WHEREAS, FCSS and the representative DISTRICTS believe that the continued funding
of TIP will help decrease truancy, improve attendance, increase learning opportunities, and raise financial
revenue for school districts throughout Fresno County; and
WHEREAS, FCSS has obtained separate agreements with the representative
DISTRICTS to fund TIP during the 2017-18 fiscal year; and
WHEREAS, FCSS desires the continued coordinated efforts of the Probation Department in
the anti-truancy program; and
WHEREAS, the Probation Department does not have the means to fully fund such a
program.
NOW, THEREFORE, in respect of the mutual promises contained herein, COUNTY and
FCSS hereto agree as follows:
5th December
Agreement No. 17-618
County Agreement with County Superintendent of Schools, 2017
TIP 2017-18 Agreement
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1.OBLIGATIONS OF FCSS:
FCSS shall compensate and remit to COUNTY from the TIP fund, held by FCSS,
an amount that will partially fund the services of two (2) Deputy Probation Officers five (5) days per
week, not to exceed, in aggregate, the maximum amount payable under this Agreement of $143,955.
FCSS shall timely facilitate and be responsible for obtaining each DISTRICT’s
financial contributions to the TIP fund. FCSS shall have and maintain at its place of business a separate
Memorandum of Understanding (MOU) with each DISTRICT, regarding that DISTRICT’s financial
contribution to the TIP fund. FCSS shall also be responsible for the timely transfer of each DISTRICT’s
financial contribution into the TIP fund. A summary of each DISTRICT’s contribution to the TIP fund is
set forth in Exhibit “A,” attached for reference purposes only. An exemplar of the MOU between FCSS
and each DISTRICT is set forth in Exhibit “B,” attached hereto for reference purposes only.
2.OBLIGATIONS OF THE COUNTY:
The duties of the assigned Deputy Probation Officers shall include, but are not
necessarily limited to, the following:
1)The support of the TIP system as developed by the DISTRICTS and the
Probation Department;
2)Participation in the training of school district personnel regarding the TIP
procedure and instruction in meeting the legal requirements of compulsory
education;
3)Participation in school site meetings with the parents/guardians of students who
have been identified as chronic absentees to notify them of the TIP program,
attendance laws, legal sanctions, key school contact personnel, and family support
agencies;
4)Participation in the school’s SARB meetings with parents/guardians when
possible;
5)Meetings and follow up with students and parents/guardians regarding compliance
with SARB recommendations;
6)Participation in the mid-year and year-end meetings with all TIP participants
County Agreement with County Superintendent of Schools, 2017
TIP 2017-18 Agreement
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regarding program status and recommendations for improvement;
7)Responding to calls from TIP participants regarding specific problems or
questions;
8)To act as needed in cooperation with the school directives regarding truants;
9)To assist schools in supervising identified chronic truants; and
10)To make home visits, accompanied by a DISTRICT employee, to families with
children who are at risk of truancy.
3.TERM:
This Agreement shall become effective on July 1, 2017, and shall terminate on June
30, 2018, unless sooner terminated as provided in this Agreement.
4.TERMINATION:
A.Without Cause – Either COUNTY or FCSS may terminate this Agreement
without cause upon the giving of at least thirty (30) days advance written notice of such termination to the
other party.
B.Breach of Contract – Either COUNTY or FCSS 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; or
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 FCSS.
Neither shall continued provision of services by COUNTY to FCSS 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 FCSS, up to and including the date of termination based upon a prorated amount:
i.e. the total financial obligation of FCSS to COUNTY under this Agreement, as prorated, based upon
the period of time this Agreement is in effect, compared to the total one (1) year term provided
County Agreement with County Superintendent of Schools, 2017
TIP 2017-18 Agreement
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hereunder.
5. COMPENSATION / INVOICING:
As compensation to COUNTY for the performance of its services under this
Agreement, FCSS agrees to pay COUNTY and COUNTY agrees to receive compensation from the
TIP fund on or after the dates of October 30, 2017, and January 1, April 1 and July 1, 2018,
respectively, that amount indicated in the billing of the Probation Department to FCSS for those dates
as set forth in this paragraph; however, not to exceed in aggregate the maximum amount payable
under this Agreement of $143,955. COUNTY shall invoice FCSS as noted in this section, addressed
to: Fresno County Office of Education, Attention: TIP, 1111 Van Ness Avenue, Fresno, CA 93721.
Payments by FCSS shall be made within (45) days of 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 the two (2) 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 FCSS. Furthermore, FCSS shall have no
right to control, supervise or direct the manner or method by which COUNTY shall perform its work and
function. However, FCSS 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.
FCSS 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 FCSS 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 FCSS may assign, transfer or subcontract their obligations
under this Agreement or any rights hereunder without the prior written consent of the other party.
County Agreement with County Superintendent of Schools, 2017
TIP 2017-18 Agreement
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9.NO THIRD PARTY BENEFICIARIES
Nothing express or implied in the terms and conditions of this Agreement is intended
to confer, nor shall anything herein confer, upon any person or entity other than COUNTY or FCSS and
their respective successors or assignees, any rights, remedies, or obligations or liabilities whatsoever.
10.HOLD HARMLESS:
COUNTY agrees to indemnify, save, hold harmless, and, at FCSS’s request, defend
FCSS, their officers, agents and employees from all claims, losses, judgments, and expenses, including
attorney fees and costs, occurring, resulting, or arising from the negligent or wrongful performance by
COUNTY or its officers, employees, or agents, of obligations agreed to be performed by COUNTY
under this Agreement.
FCSS agrees to indemnify, save, hold harmless, and, at COUNTY’s request, defend
COUNTY, its officers, agents, and employees from all claims, losses, judgments, and expenses, including
attorney fees and costs, occurring, resulting, or arising from the negligent or wrongful performance by
FCSS or its officers, employees, or agents, of obligations agreed to be performed by FCSS under this
Agreement.
11.INSURANCE:
Without limiting COUNTY’s right to obtain indemnification from FCSS or any third
parties, FCSS, at its sole expense, shall maintain in full force and affect 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 FCSS shall be provided for
General Liability and Worker’s Compensation. Upon request from COUNTY, FCSS shall provide a
certificate of insurance or self-insurance providing evidence of such coverage.
Without limiting FCSS’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 Worker’s Compensation. Upon request from
County Agreement with County Superintendent of Schools, 2017
TIP 2017-18 Agreement
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FCSS, COUNTY shall provide a certificate of insurance or self-insurance providing evidence of such
coverage.
12.AUDITS AND INSPECTIONS:
COUNTY shall, at any time during business hours, make available to FCSS for
examination all of its records and data with respect to the matters covered by this Agreement. COUNTY
shall, upon request by FCSS, permit FCSS 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).
13.NOTICES:
The persons and their addresses having authority to give and receive notices under this
Agreement include the following:
COUNTY FCSS
Chief Probation Officer Fresno County Superintendent of Schools
3333 E. American Ave., Suite B 1111 Van Ness Avenue
Fresno, CA 93725 Fresno, CA 93721
Any and all notices between the COUNTY and FCSS 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.
14.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.
15.ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between COUNTY and FCSS with
respect to the subject matter hereof and supersedes all previous agreement negotiations, proposals,
County Agreement with County Superintendent of Schools, 2017
TIP 2017-18 Agreement
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commitments, writings, advertisements, publications, and understandings of any nature whatsoever
unless expressly included in this Agreement.
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· County Agreement with County Superintendent of Schools, 2017
IN WI1NESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first hereinabove written.
SUPE~J~ . 1 /]_ _ W-i.~~
. Kathryn Catania, Deputy Superintendent
Jim Yovino, Superintendent
Fresno County Schools
DatJLJ /12-/ ?f=
T I
FOR ACCOUNTING USE ONLY:
FUND: 0001
ORG: 34300280
SUBCLASS: 10000
ACCOUNT: 4895
TIP 2017-18 Agreement
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COUNTY OF FRESNO
Brian Pacheco
Chairman, Board of Supervisors
Date: ~ S ~t'1
ATTEST:
Bernice E. Seidel, Clerk
Board of Supervisors
TIP 2017-18/Summary of District Contributions Page 1 of 1
EXHIBIT A
2017 – 2018 TIP
Truancy Intervention Program
FINANCIAL OBLIGATIONS OF THE PARTICIPATING
SCHOOL DISTRICTS AND COUNTY SUPERINTENDENT
[For review purposes only.]
Fresno County school districts participating in the Truancy Intervention
Program (“TIP”) have agreed to contribute the following amounts to fund TIP for
the 2017 – 2018 fiscal year:
A.The Fresno County Superintendent of Schools shall contribute $ 23,000.00;
B.Caruthers Unified School District shall contribute $ 4,927.06;
C.Coalinga-Huron Unified School District shall contribute $15,539.27;
D.Firebaugh-Las Deltas Unified School District shall contribute $ 8,498.50;
E.Golden Plains Unified School District shall contribute $ 6,856.37;
F.Kerman Unified School District shall contribute $ 17,272.51;
G.Laton Unified School District shall contribute $ 2,604.75;
H.Mendota Unified School District shall contribute $ 10,467.67;
I.Sanger Unified School District shall contribute $ 40,147.43;
J.Sierra Unified School District shall contribute $ 3,500.00;
K.Washington Colony Elementary shall contribute $ 1,649.13; and
L.Washington Unified School District shall contribute $ 9,492.31.
TIP 2017-18/Sample District MOU Page 1 of 2
EXHIBIT B
[SAMPLE]
MEMORANDUM OF UNDERSTANDING
BETWEEN THE FRESNO COUNTY SUPERINTENDENT OF SCHOOLS
AND_________________ SCHOOL DISTRICT
This Agreement is made and entered into by and between the Fresno County
Superintendent of Schools (“FCSS”) and School District (“DISTRICT”), hereinafter
referred to as “the Parties.” The purpose of this Agreement is to fund the Truancy Intervention
Program (“TIP”), a collaborative for addressing chronic absenteeism in Fresno County Schools.
TIP shall provide for a coordinated multi-agency effort involving the Fresno County Office of
Education; representative Fresno County school districts; and the Fresno County Probation
Department (“COUNTY”).
Services that shall be provided for the schools participating in TIP are included in the
Master Agreement, attached hereto, for purposes of review by the DISTRICT.
THEREFORE, in respect of the mutual promises contained herein, the Parties agree as
follows:
OBLIGATIONS OF THE FCSS
FCSS shall compensate and remit to COUNTY from the TIP fund to be held in the County
School Service Fund, as provided herein, an amount equal to the cost of two (2) Deputy Probation
Officers five (5) days per week, not to exceed, in aggregate, the maximum amount payable under
this Agreement of One Hundred Forty-Three Thousand Nine Hundred Fifty-Five Dollars and
00/100 ($143,955.00).
FCSS, or its designee, shall act as the central facilitator in the TIP program. FCSS shall
have the power to terminate the Master Agreement for any reason as specified in the Master
Agreement, and thereby release DISTRICT from this MOU from the date of termination of the
Master Agreement.
OBLIGATIONS OF THE DISTRICT
DISTRICT shall contribute _______________________ Dollars ($_____), which is
DISTRICT’S portion of the cost of the TIP program.
TIP 2017-18/Sample District MOU Page 2 of 2
FCSS shall invoice DISTRICT on a quarterly basis for actual cost of service as billed by
Fresno County, and DISTRICT shall pay the fee within thirty (30) days of such invoice. Should
DISTRICT payment not be made within thirty (30) days of said invoice, payment will be by
automatic transfer approved by the FCSS from DISTRICT’S General Fund account to the TIP
fund held in the County School Service Fund.
DISTRICT shall communicate to the FCSS any act as described in Section 4 of the Master
Agreement that may be cause for termination of the Master Agreement. If FCSS terminates
Master Agreement, DISTRICT shall contribute its prorated share of its contribution amount up to
and including the date of termination.
TERM
This Agreement shall become effective on the 1st day of July 2017, and terminate on the
30th day of June, 2018.
This Agreement constitutes the entire agreement between FCSS and DISTRICT and
supersedes all previous understandings regarding this Agreement.
The Parties have executed this Agreement on the day and year written below.
SUPERINTENDENT DISTRICT
________________________________ ______________________________
Jim Yovino, Superintendent __________________, Superintendent
Fresno County Schools __________________ School District
Date: ____________________________ Date: _________________________