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County Agreement with Central Unified School District, 2018
AGREEMENT
THIS AGREEMENT, hereinafter referred to as "Agreement," is made and entered into this_
day of _____ , 20 18 ("Effective Date"), 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 USO."
W I TN E S S E T H:
WHEREAS, some students attending CENTRAL USO are court wards on probation; and
WHEREAS, the CENTRAL USO desires services from the Fresno County Probation
Department be provided to students attending CENTRAL USO, and is willing to provide partial funding for
that purpose; and
WHEREAS, COUNTY is able to fund the remaining costs for two (2) Deputy Probation
Officers with Juvenile Justice Crime Prevention Act ("JJCPA") funds.
NOW, THEREFORE, in respect of mutual promises contained herein, the Parties agree as
follows:
1.OBLIGATIONS OF CENTRAL USO:
CENTRAL USO shall compensate and remit payment to COUNTY, as provided herein,
a total compensation amount not to exceed seventy five thousand dollars ($75,000).
2.OBLIGATIONS OF THE COUNTY:
COUNTY shall assign two (2) Deputy Probation Officers to be responsible for ordinary
probation services on a full-time basis at CENTRAL USO school sites in the City/County of Fresno as
determined by mutual written agreement of CENTRAL USO 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:
A.Provide supervision of students on formal and informal probation attending
CENTRAL USO high school sites as determined by mutual written agreement of the CENTRAL USO
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Agreement No. 18-551
County Agreement with Central Unified School District, 2018
1 and COUNTY's Chief Probation Officer while this Agreement is in effect.
2 B.Operate Police/Sheriff/Probation Teams that provide investigation and
3 intervention services concerning students involved in delinquent activity on the high school campuses.
4 C.By mutual agreement of CENTRAL USD and COUNTY's Chief Probation
5 Officer or designee, impose and monitor programs of informal probation and other dispositional options
6 for students attending the high school campuses who commit crimes off campus and who are referred to
7 the high school Police/Sheriff/Probation Teams for intake services by the Probation Department Intake
8 Unit.
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D.Work closely with school administrators and faculty to ensure school
attendance of students 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.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, 2018 and shall
terminate on the 30th day of June, 2019, unless sooner terminated as provided in this Agreement.
4.TERMINATION:
24 A Without Cause -Either party may terminate this Agreement without cause by
25 giving at least (30) days advance written notice of such termination to the other party.
26 B.Breach of Contract -Either party may immediately suspend or terminate this
27 Agreement in whole or in part, where in the determination of either party there is:
28 1)An illegal or improper use of funds;
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County Agreement with Central Unified School District, 2018
Ap,�ement, it is mutually understood and agreed that COUNTY, including all assigned Deputy Probation
0fficers, 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 USO. Furthermore, CENTRAL USO 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 USO 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 USO 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 USO
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 USO 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 USO 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 USO, 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 agrees to indemnify, save, hold harmless, and at CENTRAL USO 's request, defend
CENTRAL USO, its officers, agents, and employees from any and all costs and expenses, damages,
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County Agreement with Central Unified School District, 2018
1 liabilities, claims, and losses occurring or resulting to CENTRAL USO in connection with the performance,
2 or failure to perform, by COUNTY, its officers, agents, or employees under this Agreement, and from any
3 and s,11 �osts and expenses, damages, liabilities, claims, and losses occurring or resulting to any person,
4 firll\ or corporation who may be injured or damaged by the performance, or failure to perform, of COUNTY,
5 its officers, agents, or employees under this Agreement.
6 In the event of concurrent negligence on the part of COUNTY or any of its officers,
7 agents or employees, and CENTRAL USO or any of its officers, agents, or employees, the liability for
8 any and all such claims, demands and actions in law or equity for such losses, fines, penalties,
9 forfeitures, costs and damages shall be apportioned under the State of California's theory of
10 comparative negligence as presently established or as may be modified hereafter.
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10.
This Section 9 shall survive termination or expiration of this Agreement.
INSURANCE
Without limiting COUNTY's right to obtain indemnification from CENTRAL USO or any
14 third parties, CENTRAL USO, at its sole expense, shall maintain in full force and effect the following
15 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
16 arrangement or Joint Powers Agreement throughout the term of this Agreement. Coverage by CENTRAL
17 USO shall be provided for General Liability and Workers' Compensation. Upon request from COUNTY,
18 CENTRAL USO shall provide a certificate of insurance or self-insurance providing evidence of such
19 coverage.
20 Without limiting CENTRAL USD's right to obtain indemnification from COUNTY or
21 any third parties, COUNTY, at its sole expense, shall maintain in full force and effect the following
22 insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
23 arrangement or Joint Powers Agreement throughout the term of this Agreement. Coverage by COUNTY
24 shall be provided for General Liability and Workers' Compensation. Upon request from CENTRAL USO,
25 COUNTY shall provide a certificate of insurance or self-insurance providing evidence of such coverage.
26 11.AUDITS AND INSPECTIONS:
27 COUNTY shall at any time during business hours, make available to CENTRAL USO
28 for examination all of its records and data with respect to the matters covered by this Agreement. COUNTY
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County Agreement with Central Unified School District, 2018
1 shall, upon request by CENTRAL USO, permit the CENTRAL USO to audit and inspect all of such records
2 and data necessary to ensure COUNTY's compliance with the terms of this Agreement.
3 If this Agreement exceeds ten thousand dollars ($10,000.00), COUNTY shall be
4 subject to the examination and audit of the California State Auditor for a period of three (3) years after final
5 payment under contract (Government Code Section 8546. 7).
6 12.NOTICES:
7 The persons and their addresses having authority to give and receive notices under
8 this Agreement include the following:
9 COUNTY CENTRAL USO Chief Probation Officer Superintendent
10 Fresno Co. Probation Dept. Central Unified School District 3333 E. American Ave., Suite B 4605 N. Polk 11 Fresno, CA 93725 Fresno, CA 93722
12 Any and all notices between the COUNTY and CENTRAL USO provided under this
13 Agreement shall be in writing and shall be deemed duly served when personally delivered to one of the
14 parties, or in lieu of such personal service, when deposited in the United States Mail, postage prepaid,
15 addressed to such party.
16 13.GOVERNING LAW:
17 The parties agree that for purposes of venue, performance under this Agreement is to
18 be in Fresno County, California.
19 The rights and obligations of the parties and all interpretation and performance of this
20 Agreement shall be governed in all respects by the laws of the State of California.
21 14.ENTIRE AGREEMENT:
22 This Agreement constitutes the entire agreement between COUNTY and CENTRAL
23 USO with respect to the subject matter hereof and supersedes all previous Agreement negotiations,
24 proposals, commitments, writings, advertisements, publications, and understandings of any nature
25 whatsoever unless expressly included in this Agreement.
26 II
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28 II
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County Agreement with Central Unified School District, 2018
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 COUNTY OF FRESNO
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Date:
FOR ACCOUNTING USE ONLY:
FUND: 0001
23 ORG: 343000545
SUBCLASS: 10000
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ACCOUNT: 4895
Sal airperson of the Board of
Su~:ui<:.rn"!!,..,.'fhe County of Fresno
Date: ---'Q-i:-\ :2=-5\~\:t,.___ __
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: -bet~. M-i~• ~t_..c:L=t!11 •,.J:L~--
Deputy U
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