HomeMy WebLinkAboutAgreement A-18-580 with FCSS.pdf1
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AGREEMENT
Agreement No. 18-580
3 THIS AGREEMENT ("Agreement") is made and entered into this q--tt, day of
4 bdcb e r. 2018 ("Effective Date "), by and between the COUNTY OF FRESNO , a political
5 subdivision of the State of California , ("COUNTY") and the FRESNO COUNTY
6 SUPERINTENDENT OF SCHOOLS , whose address is 1111 Van Ness Avenue , Fresno , CA
7 93721 ("FCSS"), for the purpose of continuing the Truancy Intervention Program , hereinafter
8 referred to as "TIP ." TIP is a collaborative effort involving the following school district entities : the
9 Caruthers , Coalinga-Huron , Firebaugh-Las De ltas , Golden Plains , Ke rman , Laton , Mendota ,
10 Sanger, Sierra and Washington Un ified School Districts , Washington Colony Elementary School
11 District , Fresno County Office of Education 's Violet Heintz Education Academy , and Kermit Koontz
12 Education Complex , each of which is hereinafter referred to individually as a "DISTRICT" and
13 collectively referred to as "DISTRICTS ."
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15 WITNESS ETH :
16 WHEREAS , the Fresno County Probation Department ("Probation Department") recognizes
17 the correlation between chronic school absenteeism and criminal activity , drug use and
18 incarceration , and believes a continued coordinated effort through an anti-truancy program will
19 reduce school absenteeism ;
20 WHEREAS , FCSS and the DISTRICTS believe that the continued funding of TIP will help
21 decrease truancy , improve attendance , increase learning opportunities , and raise financial
22 revenue for school districts throughout Fresno County ;
23 WHEREAS , FCSS has obtained separate agreements with the representative DISTRICTS
24 to fund TIP during the 2018-19 fiscal year;
25 WHEREAS , FCSS desires the continued coordinated efforts of the Probation Department in
26 the anti-truancy program ;
27 WHEREAS , the Probation Department does not have the means to fully fund TIP ; and
28 WHEREAS , FCSS has agreed to continue funding TIP .
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1 NOW, THEREFORE, in respect of the mutual promises contained herein, COUNTY and
2 FCSS agree as follows:
3 1. OBLIGATIONS OF THE CONTRACTOR
4 A. FCSS shall compensate and remit to COUNTY from the TIP fund, held by
5 FCSS, an amount that will partially fund the services of two (2) Deputy Probation Officers five
6 (5) days per week. The maximum amount payable under this Agreement shall not exceed one
7 hundred thirty nine thousand, six hundred and eighty eight dollars ($139 ,688).
8 B. FCSS shall timely facilitate and be responsible for obtaining each
9 DISTRICT's financial contributions to the TIP fund. FCSS shall have and maintain at its place of
10 business a separate Memorandum of Understanding (MOU) with each DISTRICT , establishing
11 that DISTRICT's financial contribution to the TIP fund. FCSS shall also be responsible for the
12 timely transfer of each DISTRICT's financial contribution into the TIP fund. A summary of each
13 DISTRICT's contribution to the TIP fund is set forth in Exhibit "A ," attached for reference
14 purposes only. An example of the MOU between FCSS and each DISTRICT is set forth in
15 Exhibit "B," attached for reference purposes only .
16 2. OBLIGATIONS OF THE COUNTY
17 The duties of the assigned Deputy Probation Officers shall include , but are
18 not limited to , the following:
19 1) Supporting the TIP system as developed by the DISTRICTS and the
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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 School Attendance Review Board (SARB)
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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 regarding program status and recommendations for
improvement;
7) Responding to calls from TIP participants regarding specific problems
or questions ;
8) Acting as needed in cooperation with the school directives regarding
truants ;
9) Assisting schools in supervising identified chronic truants ; and
10) Making home visits, accompanied by a DISTRICT employee , to families
with children who are at risk of truancy.
TERM
15 This Agreement shall become effective on July 1, 2018 , and shall terminate on
16 June 30, 2019, unless sooner terminated as provided in this Agreement.
17 4 . TERMINATION
18 A. Without Cause -_Either COUNTY or FCSS may terminate this Agreement
19 without cause upon the giving of at least thirty (30) days advance written notice of such
20 termination to the other party.
21 B. Breach of Contract-Either COUNTY or FCSS may immediately suspend
22 or terminate this Agreement in whole or in part where in the determination of either party there is:
23 1) An illegal or improper use of funds ;
24 2) A failure to comply with any term of this Agreement; or
25 3) A substantially incorrect or incomplete report has been submitted.
26 The aggrieved party shall give written notice of such termination to the
27 breaching party. In no event shall continued provision of services by COUNTY constitute a waiver
28 by COUNTY of any breach of this Agreement or any default that may then exist on the part of
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1 FCSS. Neither shall continued provision of services by COUNTY to FCSS impair or prejudice any
2 remed y ava·lable to COUNTY with respect to the breach or default.
3 Upon any termination of this Agreement , COUNTY shall be compensated for
4 ?.ii services provided to FCSS , up to and including the date of termination based upon a prorated
5 amount: i.e. the total financial obligation of FCSS to COUNTY under this Agreement , as prorated ,
6 based upon the period of time this Agreement is in effect, compared to the total one (1) year term
7 hereunder.
8 5. COMPENSATION/INVOICING
9 As compensation to COUNTY for the performance of its services under this
1 O Agreement , FCSS agrees to pay COUNTY and COUNTY agrees to receive compensation from
11 the TIP fund on or after the dates of October 30 , 2018 , and January 1, April 1 and July 1, 2019 ,
12 respectively , that amount indicated in the billing of the Probation Department to FCSS for those
13 dates as set forth in this paragraph ; however, not to exceed in aggregate the maximum amount
14 payable under this Agreement of $139 ,688 . COUNTY shall invoice FCSS as noted in this section ,
15 addressed to : Fresno County Office of Education , Attention : TIP , 1111 Van Ness Avenue , Fresno ,
16 CA 93721 . Payments by FCSS shall be made within forty five (45) days of invoice for serv ices
17 provided by COUNTY.
18 6 . INDEPENDENT CONTRACTOR
19 In performance of the work, duties and obligations assumed by COUNTY under
20 this Agreement , it is mutually understood and agreed that COUNTY , including the two (2)
21 assigned Deputy Probation Officers , will at all times be acting and performing as an independent
22 contractor, and shall be an employee of COUNTY and not an employee or agent of FCSS .
23 Furthermore , FCSS shall have no right to control , supervise or direct the manner or method by
24 which COUNTY shall perform its work and function . However, FCSS shall retain the right to
25 administer this Agreement so as to verify that COUNTY is performing its obligations in accordance
26 with the terms and conditions thereof.
27 FCSS and COUNTY shall comply with all applicable provisions of law and the
28 rules and regulations , if any, of governmental authorities having jurisdiction over matters the
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1 subject thereof.
2 7. MODIFICATION
3 Any modifications to this Agreement requested either by COUNTY or FCSS may
4 only be effected if mutually agreed upon in writing by duly authorized representatives of the parties
5 heret0 v1tth ou t affect ing the remainder of this Agreement. This Agreement shall not be modified or
6 anY, rights of it waived except by such a writing.
7 8 . NON-ASSIGNMENT
8 Neither COUNTY nor FCSS may assign , transfer or subcontract their obligations
9 under this Agreement or any rights hereunder without the prior written consent of the other party .
10 9 . NO THIRD PARTY BENEFICIARIES
11 Nothing express or implied in the terms and conditions of this Agreement is
12 intended to confer , nor shall anything herein confer, upon any person or entity other than
13 COUNTY or FCSS and their respective successors or assignees , any rights , remedies , or
14 obligations or liabilities whatsoever.
15 10 . HOLD HARMLESS
16 COUNTY agrees to indemnify , save , hold harmless , and , at FCSS 's request ,
17 defend FCSS , their officers , agents and employees from all claims , losses , judgments , and
18 expenses , including attorney fees and costs , occurring , resulting , or arising from the negligent or
19 wrongful performance by COUNTY or its officers , employees , or agents, of obligations agreed to
20 be performed by COUNTY under this Agreement.
21 FCSS agrees to indemnify , save , hold harmless , and , at COUNTY 's request,
22 defend COUNTY , its officers, agents , and employees from all claims , losses , judgments , and
23 expenses , including attorney fees and costs , occurring , resulting , or arising from the negligent or
24 wrongful performance by FCSS or its officers , employees , or agents , of obligations agreed to be
25 performed by FCSS under this Agreement.
26 In the event of concurrent negligence on the part of COUNTY or any of its
27 officers, agents or employees , and FCSS or any of its officers , agents , or employees , the liability
28 for any and all such claims , demands and actions in law or equity for such losses , fines , penalties ,
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1 forfeitures , costs and damages shall be apportioned under the State of California's theory of
2 comparative negligence as presently established or as may be modified hereafter.
3 This Section 10 shall survive termination or expiration of this Agreement.
4 11. INSURANCE
5 Without limiting COUNTY 's right to obtain indemnification from FCSS or any
6 third parties , FCSS , at its sole expense , shall maintain in full force and affect the following
7 insurance policies or a program of self-insurance , including , but not limited to , an insurance
8 poo ling arrange ment o r Joint Powers Agreement throughout the term of this Agreement.
9 ro:..,erage by FCSS shall be provided for General Liability and Worker's Compensation. Upon
1 O 1 1request from COUNTY , FCSS shall provide a certificate of insurance or self-insurance providing
11 evidence of such coverage .
12 Without limiting FCSS 's right to obtain indemnification from COUNTY or any
13 third parties , COUNTY , at its sole expense , shall mainta in in full force and effect the following
14 insurance policies or a program of self-insurance , including , but not limited to , an insurance
15 pooling arrangement or Joint Powers Agreement throughout the term of this Agreement.
16 Coverage by COUNTY shall be provided for General Liability and Worker's Compensation. Upon
17 request from FCSS , COUNTY shall provide a certificate of insurance or self-insurance providing
18 evidence of such coverage .
19 12. AUDITS AND INSPECTIONS
20 COUNTY shall , at any time during business hours , make available to FCSS for
21 examination all of its records and data with respect to the matters covered by this Agreement.
22 COUNTY shall , upon request by FCSS , permit FCSS to audit and inspect all of such records and
23 data necessary to ensure COUNTY's compliance with the terms of this Agreement.
24 If this Agreement exceeds Ten Thousand Dollars ($10 ,000.00), COUNTY shall
25 be subject to the examination and audit of the California State Auditor for a period of three (3)
26 years after final payment under contract (Government Code Section 8546.7).
27 FCSS shall , at any time during business hours , make available to COUNTY for
28 examination all of its records and data with respect to the matters covered by this Agreement.
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1 FCSS shall , upon request by COUNTY , permit COUNY to audit and inspect all of such records
2 and data necessary to ensure FCSS 's compliance with the terms of this Agreement.
3 If this Agreement exceeds Ten Thousand Dollars ($10 ,000 .00), FCSS shall
4 be subject to the examination and audit of the California State Auditor for a period of three (3)
5 years after final payment under contract (Government Code Section 8546.7).
6 13. NOTICES:
7 The persons and their addresses having authority to give and receive notices
8 under this Agreement include the following:
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COUNTY
Chief Probation Officer
3333 E. American Ave ., Suite B
F resno , Ca 93725
FCSS
Fresno County Superintendent of
Schools
1111 Van Ness Avenue
Fresno. CA 93721
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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 , commitments, writings , advertisements , publications , and understandings
of any nature whatsoever unless expressly included in this Agreement.
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1 IN WITNESS WHEREOF , the parties hereto have executed this Agreement as
2 of the day and year first hereinabove written.
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imYo i
Superintendent
Fresno County Superintendent of Schools
n,. T(,-,thr,,n c~t ·, ...-. t n . -·--· ---··-----c .:!~!a , ~•epu y ~t!!)rr!!!!e!1~r~t
Mailing Address
FOR ACCOUNTING USE ONLY:
FUND :
ORG :
SUBCLASS:
ACCOUNT:
0001
34300280
0000
4895
COUNTY OF FRESNO
ATTEST:
Bernice E . Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
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EXIIlBITA
2018-2019 TIP
Truancy Intervention Program
FINANCIAL OBLIGATIONS OF THE PARTICIPATING
SCHOOL DISTRICTS AND COUNTY SUPERINTENDENT
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 $20,000.00;
B. Caruthers Unified School District shall contribute $4,827 .06;
C. Coalinga-Huron Unified School District shall contribute $15,439.27;
D. Firebaugh-Las Deltas Unified School District shall contribute $8,131.50;
E. Golden Plains Unified School District shall contribute $6,756.37;
F. Kennan Unified School District shall contribute $17,172.51;
G. Laton Unified School District shall contribute $2,504.75;
H. Mendota Unified School District shall contribute $10,367.67;
I. Sanger Unified School District shall contribute $40,047.43;
J. Sierra Unified School District shall contribute $3,500.00;
K. Washington Colony Elementary shall contribute $1,549.13; and
L. Washington Unified School District shall contribute $9,392.31.
TIP 2017-18/Summary of District Contributions Page 1 of I
EXHIBITB
[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 Thirty-Nine Thousand Six Hundred Eighty-Eight Dollars and
00/100 ($139,688.00).
FCSS, or its designee, shall act as the central facilitator in the TIP program. FCSS shall
have the power to terminate the Master Agreement for any reason as specified in the Master
Agreement, and thereby release DISTRICT from this MOU from the date of termination of the
Master Agreement.
OBLIGATIONS OF THE DISTRICT
DISTRICT shall contribute _________ Dollars ($ _ __.,), which is
DISTRICT'S portion of the cost of the TIP program.
TIP 2016-17/Sample District MOU Page 1 of2
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, DIS TRICT 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 2018 , and terminate on the
30th day of June, 2019.
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
Jim Yovino, Superintendent
Fresno County Schools
Date:
TIP 2016-17/Sample District MOU
DISTRICT
, Superintendent -------
School District -------
Date :
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