HomeMy WebLinkAboutAgreement A-17-430 with FUSD.pdf·Q?· (~ Fresno Unified
School District
Fresno Unified School District
Contract Approval Form
Preparing Career Ready Graduates
Fresno County District Attorney's Office
Vendor Name
(559) 600-4420
Phone Number
From: 7/112017
Term (Duration)
FUSD Contract Administrator:
Ambra Dorsey
Name
Budget (Fund-Unit-Dept.-Activity-Object)
2309 Tulare St. Fresno, Ca. 93 721
Address
Jeff Dupras
Vendor Contact
Through: 6/30/2018
Prevention & Intervention
457-3360
Site/ Dept
030-0640-0810-0000-5899-3130
Annual Cost$ 200,000 (Contract will not be authorized to exceed this amount w/o BOEapproval)
Fingerprint Requirements: All indiv iduals providing Yes r8J No D
services under this contract are in compliance with the
requirements ofthe "Michelle Montoya" Act, as required (1....-
APPROVED
June 14, 2017
Agenda Item: B-39
telephone number
therein. ... 11'\ 7
Scope of Work Summary: The Fresno County District Attorl:'fi¥)shall assign (1) Deputy District Attorney to work in
partnerhsip with FUSD to operate, manage, and direct the 'Attendance Matters' program on a full-time basis. The
duties assigedn include but not limited to:
1. Develop a system by which FUSD can advance chronic absentee cases properly for potential truancy prosecution
2. Training ofFUSD personnel regarding the legal requirments for truancy prosecution
3 . Attend School Site Parent Conferences to educate parents/guardians of the 'Attendance Matters' program
4. Invite and hold DA Intervention Meetings with follow up
5 . Review cases that are deemed appropriate for prosecution
Date Item is to appear on Board of Education Agenda:
Reviewed & approved by Cabinet Level Officer:
Reviewed & approved by Director, RiskManagement:
Please return signed contract to:
Caine Christensen
Name
Signed
Prevention & Intervention
457-3360
Department
Revised 3/15/2017 Fresno Unified Independent Contract
Telephone
1 I 0 ...,,...""
AGREEMENT Agreement No . 17-430
THIS AGREEMENT ("Agreement") is made and entered into this ...n._ day of
August , 2017, by and between the COUNTY OF FRESNO, a political subdivision of the State of
California, hereinafter referred to as "COUNTY," and the FRESNO UNIFIED SCHOOL DISTRICT,
whose address is 2309 Tulare Street, Fresno, CA 93721, hereinafter referred to as "FUSD," for the
purpose of working cooperatively to reduce and eliminate chronic absenteeism by continuing the
Attendance Matters Program, hereinafter referred to as "AM."
WITNESSETH:
WHEREAS, the Fresno County District Attorney's Office and the Fresno Unified School
District recognize the correlation between chronic school absenteeism and criminal activity, drug use, and
incarceration, and therefore believe a coordinated multi-agency effort through an anti-truancy program
will reduce school absenteeism; and
WHEREAS, the FUSD believes that a program targeting attendance will help decrease
truancy and chronic absenteeism, increase instruction time, and raise financial revenue for the school
district; and
WHEREAS, FUSD agrees to fund AM during the 2017-18 fiscal year; and
WHEREAS , FUSD desires the continued coordinated efforts of the District Attorney and
Fresno Unified School District in AM; and
NOW; THEREFORE, in respect of the mutual promises contained herein, the Parties hereto
agree as follows:
1. OBLIGATIONS OF FUSD:
FUSD shall:
A. Compensate and remit to COUNTY as provided herein, an amount equal to the cost
of one (1) Deputy District Attorney ($200,000);
B. Assist the Deputy District Attorney in identifying eight (8) elementary schools that
will participate in AM;
C. Work with the Deputy District Attorney to provide technical and staff training to the
school sites to implement AM;
-I-
D. Send letters to the parents/guardians of students receiving six (6) unexcused absences,
inviting them to the School Site Parent Group Conference . The AM school site is responsible for
scheduling and presenting the attendance material and compact;
E. Assign Child Welfare Attendance Specialists (CWAS) to work with and monitor
families with children who have accrued six (6) or more unexcused absences and to refer these families to
the DA Intervention Meeting (as defined in Section 2.B-4 hereinbelow) ifthere is continued absenteeism;
F. Assist the Deputy District Attorney in coordinating and scheduling DA Intervention
Meetings;
G. Create, with the assistance of the Deputy District Attorney, a master and individual
calendar of Parent meetings and DA Intervention Meetings;
H. Send Student Attendance Review Board (S.A.R.B.) letters to parents/guardians of the
students whose attendance has not improved since the DA Intervention Meeting;
I. Establish and implement a database for AM which will follow the progress of the
students in the program and their families, including but not limited to the following: a) documentation of
resources provided to such families; b) follow-up documentation on the outcome ofthe resources
provided; c) dates of contacts made to such families; d) transfers, if any, students in the program; e) a
student's attendance progress; and f) financial gain or loss relating to attendance.
2. OBLIGATIONS OF THE COUNTY:
A. The Fresno County District Attorney shall assign one (1) Deputy District Attorney to
work in partnership with FUSD to operate, manage, and direct the AM program on a full-time basis;
B. The duties of the assigned Deputy District Attorney shall include, but are not limited
to the following:
1) The development of a system by which FUSD can advance chronic absentee cases
properly under the applicable law, and so meet all requirements for potential
truancy prosecution;
2) The training ofFUSD personnel regarding the legal requirements for truancy
prosecution;
-2-
3) Attend the School Site Parent Group Conference meetings at four (4) identified
elementary school sites designated by FUSD to educate parents/guardians of the
purpose and goals of AM;
4) The Deputy District Attorney, upon receipt of a referral from the CW AS, will draft
and send a letter to the parent/guardian of the student advising them to attend a
DA Intervention Meeting to be held at the school site as follows: The following
people would be invited to attend: 1) Deputy District Attorney, 2) school site
administration, 3) CWAS, 4) parent/guardian and student. The Deputy District
Attorney will inform the parent/guardian of the attendance laws, legal sanctions,
key school contact personnel, and the family support agencies . The meeting shall
address the root cause of the chronic absences and assist the family in resolving
the issues. With the assistance of the elementary school site personnel the DA
Intervention Meeting will further assist in improving the student(s) attendance.
The Deputy District Attorney will keep track of DA Intervention attendance and
will make attempts to reschedule one time for those who failed to attend the
Meeting;
5) The Deputy District Attorney wi.ll be invited to attend the S.A.R.B. meeting for
the AM program of parents/guardians of students who have not improved their
attendance since the School Site Parent Group Conference and the DA
Intervention Meeting;
6) Review cases that have not improved from the School Site Parent Group
Conference, DA Intervention Meeting and S.A.R.B. and are deemed appropriate
for prosecution by the District Attorney's Office;
7) Provide ongoing guidance to AM program participants regarding issues that relate
to truancy and the law;
8) Work with FUSD to create and maintain a master and individual calendar of
School Site Parent Group Conferences, DA Intervention Meetings and S.A.R.B.
meetings for the designated school sites, FUSD and the Deputy District Attorney;
-3-
3. TERM:
This term of this Agreement shall run from July 1, 2017 through June 30, 2018,
inclusive, 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 thirty (30) days advance written notice of such termination to the other party.
B. Breach of Contract-Either COUNTY or FUSD 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 ofFUSD. 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 FUSD, up to and including the date of termination based upon a prorated amount:
i.e. the total financial obligation ofFUSD 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 I INVOICING:
As compensation to COUNTY for the performance of its services under this
Agreement, FUSD agrees to pay COUNTY and COUNTY agrees to receive compensation from
FUSD on or after the dates of October 30,2017 and January 1, April1, and July 1, 2018, respectively,
that amount indicated in the billing of the Fresno County Office of the District Attorney for AM
program services provided to FUSD for those dates as set forth in this paragraph, however, not to
exceed in aggregate the maximum amount payable under this Agreement of $200,000.00. COUNTY
shall invoice FUSD as noted in this section, addressed to: Department of Prevention and Intervention
-4-
1350 M Street Fresno, CA 93721. Payments by FUSD 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 assigned Deputy District
Attorney, 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 ofFUSD. Furthermore, FUSD shall have no right
to control, supervise or direct the manner or method by which COUNTY shall perform its work and
function. However, FUSD 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.
FUSD and COUNTY shall comply with all applicable provisions oflaw 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 FUSD 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 except
by such a writing.
8. NON-ASSIGNMENT:
Neither COUNTY nor FUSD may assign, transfer or subcontract their obligations
under this Agreement or any rights hereunder without the prior written consent of the other party.
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 FUSD 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 FUSD'S request, defend
FUSD, 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
-5-
COUNTY or its officers, employees, or agents, of obligations agreed to be performed by COUNTY
under this Agreement.
FUSD 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
FUSD or its officers, employees, or agents, of obligations agreed to be performed by FUSD under this
Agreement.
11. INSURANCE:
Without limiting COUNTY'S right to obtain indemnification from FUSD or any third
parties, FUSD, 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 FUSD shall be provided for
General Liability and Worker's Compensation. Upon request from COUNTY, FUSD shall provide a
certificate of insurance or self-insurance providing evidence of such coverage.
Without limiting FUSD'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
FUSD, 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 FUSD for
examination all of its records and data with respect to the matters covered by this Agreement. COUNTY
shall, upon request by FUSD, permit the FUSD 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).
-6-
13. NOTiCES:
The persons and their addresses having authority to give and receive notices tmder this
Agreement include the following:
COUNTY
Lisa A. Smittcamp
District Attorney
2220 Tulare, Suite1 000
Fresno, CA 93721
FRESNO UNIFIED SCHOOL DISTRICT
Bob Nelson
Fresno Unified School District
2309 Tulare Street
Fresno, CA 93721
Any and all notices between the COUNTY and FUSD provided for or permitted
under this Agreement or by law 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. GOVERNINGLAW:
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 FUSD 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.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
-7-
. . .
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
hereinabove written .
FRESNO UNIFIED SCHOOL DISTRICT
OVED AS TO LEGAL FORM:
Lega!Coun~
~~oviln
Andrew DeLaTorre,
Risk Management for FUSD
FOR ACCOUNTING US E ONLY :
FUND: 0001
ORO : 28624000
SUBCLASS : I 0000
ACCOUNT: 3575
COUNTY OF FRESNO
Brian Pacheco, Chair
Board of Supervisors
Date: ~-J_~-(J ·
REVIEWED & RECOMMENDED
FOR APPROVAL
~~!w ·
Lisa A. S Ittcamp, D1stnct Attorney
·8-
APPROVED AS TO LEGAL FORM:
Daniel C . Cederberg, County Counsel
APPROVED AS TO ACCOUNTING FORM:
Oscar J. Garcia, CPA
Au~:;rr:&~ Collector
~
ATTEST:
BERNICE E . SEIDEL, Clerk
Boa·rd of Supervisors
By _Su ~ &~¥
Deputy