HomeMy WebLinkAboutAgreement A-25-455 Memorandum of Understanding with Fresno Unified School District.pdf 2309 Tulare Street,
Fresno,CA 93721
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School District
PURCHASING Contract Attached
Contract Number: 272907 Federal Funding Will Not Be Used
Fresno County Sheriff S Office 2200 Fresno Street. Fresno, Ca 93721
Vendor Name Address
559-600-8595 Ernest Buddy Mendes
Phone Number Vendor Contact
Term (Duration) From: 8/18/2025 Through: 6/30/2026
FUSD Contract Administrator:
Rodney.Branch@fresnounified.org
Rachael.Maciel@fresnounified.org Cesar Chavez Adult School
Name Site/Dept
Budget(Fund-Unit-Dept.-Activity-Function-Object)
Contract Amount: $0.00 Authorized as Not to Exceed
Scope of Work Summary: Fresno Adult School(Fas) Will Provide Community Classroom Services With Fresno County
SheriffS Office(Fcso) Under This Mou To Adults Incarcerated In Fcso'SJail Facilities (Jail Facilities)And/Or Adults Under
Active Supervision Of The Fcso Custody Division At No Cost To The Fresno Unified School District.
FUSD contract administrator acknowledges all individuals providing services under this contract are in compliance with the
requirements of the"Michelle Montoya"Act,as required therein. No,this is not applicable to the scope of work
Routing Order:
1) Reviewed&approved by Department: C
2E �,,I(-McW,er
2)Reviewed&approved by Cabinet Level:
3)Reviewed&approved by Risk Management: ,�A O--
4)Reviewed&approved by Chief Financial Officer: A
Please return signed agreement back to(name%mail) : Tracy.M o u a@ F r e s n o u n i f i e d. O r g
Routing.-CFO Board Date(if applicable):
Procurement Detail zero
v-9/11/2024 Fresno Unified School District Contract 1l P a g e
II. Academic Return on Investment
Situation Inputs Outputs Outcomes
(Must be measurable)
Problem and Need Investments Activities Participants Short-term Mid-term Long-term
(e.g.,equipment,funds, (Learning) (Change in Condition)
product,services,sta (Change in Behavior or
P � Performance)
ilms a
McA Expect to see jIM Want to see 1 Hope to see
There is a need for structured Fresno Adult School Deliver high school The primary In Aug.2025 to Staff will use We expect to see 50%
educational and vocational provides qualified equivalency,ESL, beneficiaries will June 2026 school observation of identified
services for incarcerated adults educators,curriculum culinary,and custodial be Incarcerated year,we expect to checklists and incarcerated adults and
and those under supervision to development,and certification programs. adults and those see a 50%of rubrics to assess those under supervision
reduce recidivism,enhance assessments. under FCSO selected adults to participants' of FCSO participate in
employment opportunities,and supervision. participate in the behaviors during FAS courses,leading to
foster reintegration into Fresno County courses offered by group activities. an increase of
society.Without accessible Sheriff's Office Conduct career The educators and FAS. Success is defined enrollment from 82%
education and training,many assigns classroom assessments and training trainers will be as 50%of to 87%by June 2025.
individuals face significant space,supplies,and to prepare individuals for Certified District- Enrollment of the participants are
barriers upon release, ensures appropriate employment. employed teachers selected consistently Success will be
increasing the likelihood of referrals. participants in demonstrating determined by
recidivism. The stakeholders educational and these skills by comparing enrollment
Jointly FAS and FCSO will be Fresno certification November 2025, records at baseline and
will conduct periodic Teach soft skills such as Unified School programs will based on multiple at the end of the period,
evaluations of Practical assignments that District,Fresno increase from the assessments. ensuring the increase
program effectiveness involve collaborative County Sheriffs current 82%to reflects both new and
to align services with problem-solving,helping Office. 87%. Program records continuing participants.
the needs of participants build trust will track
participants. and cooperation. By the first enrollment and Within three months
semester,60%of completion of after completing the
Students will learn participants will vocational modules program,40%of
workplace Etiquette& have actively among eligible participants will seek,
Professionalism. engaged in skill participants—those gain,or maintain
Training on punctuality, building activities whose employment,or
adaptability,and handling (i.e.mock incarceration terms enrollment in
criticism,and what it interviews,resume align with course training/education
takes to foster a positive writing,vocational timelines.The goal program for at least 5
work culture. training,etc.) is for at least 70% consecutive months
of these monitored by probation
70%of participants to officer.
participants complete one
v-9/11/2024 Fresno Unified School District Contract 21 P a g e
II. Academic Return on Investment
complete at least module by Within 5 months after
one vocational November 2025. successfully
training module completing the
for those whose At 4 weeks,60%of program,participants
incarcerated term participants will will report increased
equals the start have actively self-efficacy and
and completion of engaged in skill reduced reliance on
the course. building activities high-frisk behaviors,
(e.g.,mock contributing to a
By the end of interviews,resume sustained decrease in
week 3,at least writing,vocational recidivism.This will be
70%of training). measured by a pre-post
participants will survey and probation
report increased Within 6 to 10 officer evaluation.
motivation to weeks,40%of
learn a job- certificate earners By June 2026,the
readiness skill that will have applied program will contribute
supports for at least one job, to a measurable
successful reentry apprenticeship,or improvement in
into the educational community
workforce. opportunity at FAS reintegration outcomes,
post-release. including work stability
By week 6,35% and reduce parole
of participants will FAS and FCSO violations.Measured
demonstrate will increase by the state of
measurable collaboration with California's last three
improvement in local employers to year recidivism data of
literacy and soft facilitate job 44.6%.
skills,contributing placements,aiming
to enhance self- for a 5%increase Increase the number of
worth and in successful high school graduates
confidence in placements by the at Fresno Adult School
pursuing end of the fiscal by 10%,from a
employment after year, starting from baseline of 251
release. a baseline of 0%. graduates in the
previous year to at least
276 graduates by the
end of the current
academic year.
v-9i11/2024 Fresno Unified School District Contract 31 r a g e
II. Academic Return on Investment
v-9/11/2024 Fresno Unified School District Contract 41
Agreement No. 25-455
Memorandum of Understanding
Between
Fresno Unified School District
(Fresno Adult School) And
Fresno County Sheriff's Office
(Jail Programs)
This Memorandum of Understanding (MOU) is dated Sel2tember 9.2025 and between Fresno
Unified School District (FUSD), through its Fresno Adult School (hereinafter referred to as FAS)
and County of Fresno (COUNTY), acting through the Fresno County Sheriff's Office (Jail
Programs) (hereinafter referred to as FCSO).
Fresno Unified School District has overseen the delivery of adult educational and vocational
services for over 45 years. FAS has received several awards and recognition in the past years,
including the Hands Across the Valley Volunteer Award for the Fresno County Office of
Education's Adult Transition Program. FAS also has a partnership with Fresno City College
through the dual enrollment classes that help students gain access to college and career
readiness, and provides resources to the students, such as access to the food pantry, bus passes,
health clinic, and other necessities.
FAS will provide Community Classroom services with FCSO under this MOU to adults
incarcerated in FCSO'S jail facilities (Jail Facilities) and/or adults under active supervision of the
FCSO Custody Division.
1. TERM
The term of this MOU shall be effective for the 2025-2026 school year beginning August 18,
2025, through June 30, 2026.
2. AMENDMENT AND EXTENSION OF MOU
This MOU may be amended by a written agreement signed by both the FAS and FCSO. Prior
to this MOU's expiration date, this MOU may be annually extended for up to five additional
one-year terms by a written agreement signed by both the FAS and FCSO. A letter of
agreement signed by an authorized representative of both the FAS and FCSO will be
sufficient to amend and/or extend this MOU.
3. FAS's RESPONSIBILITIES
A) Provide adult educational and Career and Technical Educational vocational curriculum
and instruction to incarcerated adults and those under the jurisdiction of the FCSO, which
will include state-authorized courses within the following areas:
• High School Equivalency Test Preparation
• Culinary Certification Training
• Custodial Certification Training
B) Provide appropriate teaching staff, curriculum, and facilitate educational and career
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assessments.
C) Provide compensation for educators providing services under this MOU.
FAS has sole authority over staffing necessary to provide services identified within this
MOU including, but not limited to, subcontracting the educational services to third-party
contractors that the FAS identifies as qualified.
4. FRESNO COUNTY SHERIFF'S OFFICE RESPONSIBILITIES
A) FCSO will assign classroom space at the designated locations, which are to be agreed
to in writing by the parties to this MOU. FCSO will assess its clients' needs to ensure
appropriate referrals are made to these services, and will assist with documentation of
classroom attendance.
B) FCSO shall provide classroom supplies and equipment.
5. MUTUAL RESPONSIBILITIES
FAS and the FCSO will periodically review the needs of FCSO clients to identify which
educational and vocational services will best service the targeted population as needed.
FAS academic counselors and FCSO social workers will support transitions of students
seeking further education into FAS.
6. PAYMENT
The parties both agree that there will be no payment involved for services rendered by either
party under this MOU.
7. INSURANCE AND INDEMNIFICATION
A. INDEMNIFICATION BY FAS - FAS shall indemnify, defend and hold COUNTY, and
COUNTY'S agents, officers and employees, harmless from and against all claims,
damages, losses, causes of action and expenses, including attorneys' fees, for any
personal injury, bodily injury, loss of life or damage to property, violation of any federal,
state or municipal law, ordinance or constitutional provision, or other cause which arise
out of, relate to, or result from the activities or omissions, negligent or otherwise, under
this MOU of FAS, and FAS's officers, agents and employees.
B. INDEMNIFICATION BY COUNTY-COUNTY shall indemnify, defend and hold FUSD, and
FUSD'S agents, officers, board members and employees, harmless from and against all
claims, damages, losses, causes of action and expenses, including attorneys'fees, for any
personal injury, bodily injury, loss of life or damage to property, violation of any federal,
state or municipal law, ordinance- or constitutional provision, or other cause which arise
out of, relate to, or result from the activities or omissions, negligent or otherwise, under
this MOU of COUNTY, and COUNTY'S officers, agents and employees.
C. NO AGENCY
Except as otherwise specified herein, for the purposes of this section, FAS shall not be
deemed to be COUNTY'S agent, and COUNTY shall not be deemed to be FAS'S agent.
D. NOTIFICATION
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Each party shall give the other prompt notification when it first learns of an incident or
occurrence covered, or likely to be covered, under the terms of this indemnity provision,
as well as prompt notification if a claim is made or suit is brought against a party based on
an incident or occurrence covered, or likely to be covered, by the terms hereof.
E. CONTINUING OBLIGATION
To the extent that the FAS has agreed to indemnify, defend and hold harmless COUNTY,
its officers, agents and employees under this MOU, those obligations shall continue to
exist during the term of this MOU and subsequent to this MOU for those acts or omissions
giving rise to liability which occurred during the term of this MOU.
To the extent that COUNTY has agreed to indemnify, defend and hold harmless FAS, its
agents, officers, board members and employees under this MOU, those obligations shall
continue to exist during the term of this MOU and subsequent to this MOU for those acts
or omissions giving rise to liability which occurred during the term of this MOU.
F. INSURANCE
Each party recognizes and accepts the other party is self-insured. Either party may
purchase commercial insurance to cover their exposure hereunder, in whole or in part.
8. CONSISTENT FEDERAL INCOME TAX POSITION. FAS acknowledges that the Jail facilities
have been acquired or improved (and are situated on land that has been acquired) using net
proceeds of governmental tax-exempt bonds ("Bond-Financed Facility"). FAS agrees that,
with respect to this Agreement and the Bond-Financed Facility, FAS is not entitled to take,
and shall not take, any position (also known as a "tax position") with the Internal Revenue
Service that is inconsistent with being a "service provider" to the COUNTY, as a "qualified
user" with respect to the Bond-Financed Facility, as "managed property," as all of those terms
are used in Internal Revenue Service Revenue Procedure 2016-44 and 2017-13, as
applicable, and to that end, for example, and not as a limitation, FAS agrees that FAS shall
not, in connection with any federal income tax return that they file with the Internal Revenue
Service or any other statement or information that it provides to the Internal Revenue Service,
(a) claim ownership, or that it is a lessee, of any portion of the Bond-Financed Facility, or(b)
claim any depreciation or amortization (as referenced in Internal Revenue Service Revenue
Procedure 2016-44) or amortization deduction (as referenced in Internal Revenue Service
Revenue Procedure 2017-13), investment tax credit, or deduction for any payment as rent
with respect to the Bond-Financed Facility.
9. NO EXCLUSIVE POSSESSION. FAS shall not have any right to control or exclusively
possess all or any portion of any County facility, including the Jail Facilities, and at any time,
authorized County staff may enter County facilities, including the Jail Facilities, where FAS is
performing services.
10. TERMINATION
Either party may terminate this MOU with sixty (60) days' advance written notice.
Additionally, both parties will consider the status of class participants during this process.
11. NON-ASSIGNMENT. Neither party may assign its rights or delegate its obligations under this
Agreement without the prior written consent of the other party.
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12. GOVERNING LAW. The laws of the State of California govern all matters arising from or
related to this Agreement.
13. JURISDICTION AND VENUE. This Agreement is signed and performed in Fresno County,
California. Contractor consents to California jurisdiction for actions arising from or related to
this Agreement, and, subject to the Government Claims Act, all such actions must be brought
and maintained in Fresno County.
14. CONSTRUCTION. The final form of this Agreement is the result of the parties' combined
efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
against either party.
15. DAYS. Unless otherwise specified, "days" means calendar days.
16. HEADINGS. The headings and section titles in this Agreement are for convenience only and
are not part of this Agreement.
17. SEVERABILITY. If anything in this Agreement is found by a court of competent jurisdiction to
be unlawful or otherwise unenforceable, the balance of this Agreement remains in effect, and
the parties shall make best efforts to replace the unlawful or unenforceable part of this
Agreement with lawful and enforceable terms intended to accomplish the parties' original
intent.
18. NONDISCRIMINATION. During the performance of this Agreement, the Contractor shall not
unlawfully discriminate against any employee or applicant for employment, or recipient of
services, because of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, military status or veteran status pursuant
to all applicable State of California and federal statutes and regulation.
19. NO WAIVER. Payment, waiver, or discharge by the County of any liability or obligation of the
Contractor under this Agreement on any one or more occasions is not a waiver of
performance of any continuing or other obligation of the Contractor and does not prohibit
enforcement by the County of any obligation on any other occasion.
20. ENTIRE AGREEMENT. This Agreement, including its exhibits, is the entire agreement
between the Contractor and the County with respect to the subject matter of this Agreement,
and it supersedes all previous negotiations, proposals, commitments, writings,
advertisements, publications, and understandings of any nature unless those things are
expressly included in this Agreement. If there is any inconsistency between the terms of this
Agreement without its exhibits and the terms of the exhibits, then the inconsistency will be
resolved by giving precedence first to the terms of this Agreement without its exhibits, and
then to the terms of the exhibits.
21. NO THIRD-PARTY BENEFICIARIES. This Agreement does not and is not intended to create
any rights or obligations for any person or entity except for the parties.
22. COUNTERPARTS.
This Agreement may be signed in counterparts, each of which is an original, and all of which
together constitute this Agreement.
23. ELECTRONIC SIGNATURES
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The parties agree that this MOU may be executed by electronic signature as provided in this
section.
A. An "electronic signature" means any symbol or process intended by an individual
signing this MOU to represent their signature, including but not limited to (1) a digital
signature; (2) a faxed version of an original handwritten signature; or (3) an electronically
scanned and transmitted (for example by PDF document) version of an original handwritten
signature.
B. Each electronic signature affixed or attached to this MOU (1) is deemed equivalent
to a valid original handwritten signature of the person signing this MOU for all purposes,
including but not limited to evidentiary proof in any administrative or judicial proceeding,
and (2) has the same force and effect as the valid original handwritten signature of that
person.
C. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2,
Title 2.5, beginning with section 1633.1).
D. Each party using a digital signature represents that it has undertaken and satisfied
the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
through (5), and agrees that each other party may rely upon that representation.
E. This MOU is not conditioned upon the parties conducting the transactions under it
by electronic means and either party may sign this MOU with an original handwritten
signature.
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The parties are signing this Agreement on the date stated In the introductory clause.
DISTRICT COUNTY OF FRESNO
Fresno Unified School District
Ernest Buddy Mende�, Chirman of the
Board of Supervisors of the County of Fresno
"-"— Attest:
Patrick Jensen,Chief Financial Officer Bernice E.Seidel
Aug 13,2025 Clerk of the Board of Supervisors
County of Fresno,State of California
Date f ,
V
Approved As To Form:
Stacey Sandoval, Executive Director Risk Management
Aug 12,2025
Date
For accounting use only:
Org No.:31114000
Account No.:7295
Fund No.:0001
Subclass No.:10000
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