HomeMy WebLinkAboutAgreement A-20-038 with Fresno Unified School District.pdfAgreement No. 20-038
County Agreement with Fresno Unified School District, 201 9
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A GREEMENT
THIS AGREEMENT , ("Agreement") is made and entered into this & day of Janueucy'.
4 ~ ("Effective Date"), by and between the COUNTY OF FRESNO , a political subdivision of the State of
5 California ("COUNTY"), and FRESNO UNIFIED SCHOOL DISTRICT , whose address is 2309 Tulare
6 Street, Fresno , CA 93721 , ("CONTRACTOR" or "FUSD").
7 W I T N E S S E T H:
8 WHEREAS , some students attending FUSD are court wards on probation ; and
9 WHEREAS , COUNTY is unable to fund sufficient Deputy Probation Officer positions for the
1 O purpose of assignments to oversee students attending FUSD ; and
11 WHEREAS , FUSD desires that services from the Fresno County Probation Department be
12 prov ided to students attending FUSD , and is willing to provide partial funding for that purpose ; and
13 WHEREAS, COUNTY is able to fund the remaining costs for nine (9) Deputy Probation
14 Officers , with Juvenile Justice Crime Prevention Act ("JJCPA") funds .
15 NOW, THEREFORE, in respect of mutual promises contained herein , the Parties agree as
16 follows :
17 1. OBLIGATIONS OF FUSD:
18 FUSD shall compensate and remit payment to COUNTY , as provided herein, a total
19 annual compensation amount not to exceed three hundred thirty seven thousand , five hundred dollars
20 ($337 ,500) during the term of this Agreement , in accordance with Section 5, herein .
21 2.. OBLIGATIONS OF COUNTY:
22 COUNTY shall assign nine (9) Deputy Probation Officers to be responsible for
23 ordinary probation services on a full-time basis at FUSD school sites in Fresno, as determined by mutual
24 written agreement of FUSD and COUNTY's Chief Probation Officer, while this Agreement is in effect and in
25 force . COUNTY shall also make every effort to provide a Deputy Probation Officer to attend and participate
26 in Mega School Attendance Review Board ("SARB") court hearings on a weekly basis .
27 The duties of the assigned Deputy Probation Officers shall be , but are not necessarily
28 limited to, the following :
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Co unty Ag reement with Fresno Unified Schoo l District, 20 19
1 A. Provide supervision of students on formal and informal probation attending
2 FUSD school sites in Fresno , as determined by mutual written agreement of FUSD and the Chief
3 Probation Officer, while this Agreement is in effect.
4 B. Operate in conjunction with an officer of the Fresno Police Department, as
5 a Police/Probation Team that provides investigation and intervention services concerning minors
6 involved in delinquent activity on FUSD high school campuses .
7 C. Impose and monitor programs of informal probation and other dispositional
8 options for minors attending the high school campuses who commit crimes off campus and who are
9 referred to the high school Police/Probation Team for intake services by the Probation Department
10 Intake Unit.
1 1 D. Worl< closely with school administrators and faculty to ensure school
12 attendance of students on probation attending the specified high schools.
13 E. Develop school -based intervention options , such as work projects , graffiti
14 paint outs , and other forms of community service , designed to hold minors attending the high schools
15 accountable for misconduct, and to prevent further entry into the juvenile justice system.
16 F . Attend regular interagency meetings of the participating agencies .
17 G . Assist in the cooperative effort of probation, police , and schools to closely
18 mon itor and supervise juvenile probationers attending the high school campuses, and help develop and
19 operate a spectrum of intervention and diversion programs designed to improve behavior in the
20 community , home , and school.
21 H. Promote youth development by introducing age-appropriate prevention
22 and intervention programs on selected FUSD elementary sites , which are designed to promote positive
23 behaviors in the community, home, and school through pos itive , proactive relationships with Deputy
24 Probation Officers .
25 3. TERM :
26 The term of this Agreement shall be for a period of one ( 1) year, retroactive ly
27 commencing on July 1, 2019 , through and including June 30 , 2020 . This Agreement may be extended for
28 four (4) additional consecutive twelve (12) month periods upon written approval of both parties no later than
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County Agreeme nt w ith Fresno Unified School Distric t, 201 9
1 thirty (30) days prior t o t he day of the next twelve (12) month extension period . The Chief Probation Officer
2 or his or her designee is authorized to execute such written approval on behalf of COUNTY based on
3 CONTRACTOR 'S satisfactory performance .
4 4. TERMINATION :
5 A. Without Cause -Either party may terminate this Agreement without cause by
6 giving at least thirty (30) days advance written notice of such termination to the other party.
7 B . Breach of Contract -Either party may immediately suspend or terminate this
8 Agreement in whole or in part , where in the determination of either party there is :
9 1) An illegal or improper use of funds ;
1 O 2) A failure to comply with any term of this Agreement ;
11 3) A substantially incorrect or incomplete report has been submitted .
12 The aggrieved party shall give written notice of such termination to the breaching
13 party .
14 In no event shall continued provision of services by COUNTY constitute a waiver by
15 COUNTY of any breach of this Agreement or any default that may then exist on the part of FUSD .
16 Neither shall continued provision of services by COUNTY impair or prejudice any remedy available to
17 COUNTY with respect to the breach or default.
18 C . Non-Allocation of Funds -The terms of this Agreement and any extensions, and
19 the services to be provided , are contingent on the approval of funds by the appropriating government
20 agency . If sufficient funds are not allocated , the services provided may be modified , or this Agreement
21 term inated at any time without penalty by giving FUSD thirty (30) days advance written notice .
22 Upon any termination of this Agreement, COUNTY shall be compensated for all
23 services provided to FUSD , up to and including the date of termination based upon a prorated amount:
24 i.e ., the total financial obligation of FUSD to COUNTY under this Agreement, as prorated, based upon
25 amount of time that this Agreement is in effect compared to the total term of this Agreement.
26 5. COMPENSATION/INVOICING :
27 As compensation to COUNTY for the performance of its services under this
28 Agreement, FUSD agrees to pay COUNTY , and COUNTY agrees to receive , compensation as follows :
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County Agreement with Fresno Unified School District , 2019
1 FUSD shall pay to COUNTY an annual maximum compensation amount not to exceed three hundred
2 thirty-seven thousand five hundred dollars ($337 ,500), in four (4) payments of eighty four thousand , three
3 hundred seventy-five dollars ($84 ,375), paid on or about the dates of October 1, January 1, March 1, and
4 June 1, for each year that the Agreement is in place . In no event shall the maximum compensation amount
5 payable to COUNTY by FUSD collectively under this Agreement for the total potential five (5) year
6 Agreement term exceed one million , six hundred eighty-seven thousand, five hundred dollars ($1 ,687 ,500).
7 COUNTY shall invoice FUSD as noted in this section , addressed to : Fresno Unified School District
8 Accounting Department , 2309 Tulare Street , Fresno , CA 93721 . Payments by FUSO shall be made within
9 forty -five (45) days of receipt of an invoice for services provided by COUNTY .
10 6. INDEPENDENT CONTRACTOR:
11 In performance of the work , duties and obligations assumed by COUNTY under this
12 Agreement, it is mutually understood and agreed that COUNTY, including all assigned Deputy Probation
13 Officers, will at all times be acting and performing as an independent contractor, and shall be an employee
14 of COUNTY and not an employee or agent of FUSD . Furthermore , FUSD shall have no right to control or
15 supervise or direct the manner or method by which COUNTY shall perform its work and function. However,
16 FUSD shall retain the right to administer this Agreement so as to verify that COUNTY is performing its
17 obligations in accordance with the terms and conditions thereof.
18 FUSD and COUNTY shall comply with all applicable provis ions of law and the rules
19 and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
20 7. MODIFICATION:
21 Any modifications to this Agreement requested either by COUNTY or FUSD may only
22 be effected if mutually agreed upon in writing by duly authorized representatives of the parties hereto .
23 This Agreement shall not be modified or any rights of it waived except by such a writing .
24 8. NON-ASSIGNMENT:
25 Neither COUNTY nor FUSD may assign, transfer or subcontract their obligations
26 under this Agreement or any rights hereunder without the prior written consent of the other party .
27 9 .HOLD HARMLESS:
28 FUSD agrees to indemnify, save, hold harmless, and at COUNTY's request, defend
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County Agreement with Fresno Unified School Dis trict , 2019
1 COUNTY , its officers , agents , and employees from any and all costs and expenses , damages, liabilities ,
2 claims, and losses occurring or resulting to COUNTY in connection with the performance , or failure to
3 perform , by FUSD , its officers, agents , or employees under this Agreement, and from any and all costs and
4 expenses , damages, liabilities, claims, and losses occurring or resulting to any person, firm , or corporation
5 who may be injured or damaged by the performance , or failure to perform , of FUSD , its officers, agents , or
6 employees under this Agreement.
7 COUNTY agrees to indemnify, save, hold harmless, and at FUSD's request, defend the
8 FUSD , its officers , agents, and employees from any and all costs and expenses , damages, liabilities ,
g claims , and losses occurring or resulting to FUSD in connection with the performance , or failure to perform ,
1 O by COUNTY, its officers, agents , or employees under this Agreement, and from any and all costs and
11 expenses, damages, liabilities, claims, and losses occurring or resulting to any person , firm , or corporation
12 who may be injured or damaged by the performance, or failure to perform, of COUNTY , its officers, agents ,
13 or employees under this Agreement.
14 In the event of concurrent negligence on the part of COUNTY or any of its officers,
15 agents or employees, and FUSD or any of its officers, agents, or employees, the liability for any and all
16 such claims, demands and actions in law or equity for such losses, fines , penalties , forfeitures, costs
17 and damages shall be apportioned under the State of California's theory of comparative negligence as
18 presently established or as may be modified hereafter.
19 This Section 9 shall survive termination or expiration of this Agreement.
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10 . INSURANCE
Without limiting COUNTY's right to obtain indemnification from FUSD or any third
22 parties, FUSD , at its sole expense, shall maintain in full force and effect the following insurance policies or a
23 program of self-insurance, including but not limited to , an insurance pooling arrangement or Joint Powers
24 Agreement throughout the term of this Agreement. Coverage by FUSD shall be provided for General
25 Liability and Workers' Compensation. Upon request from COUNTY, FUSD shall provide certificates of
26 insurance or self-insurance evidencing such coverage .
27 Without limiting FUSD's right to obtain indemnification from COUNTY or any third
28 parties, COUNTY, at its sole expense, shall maintain in full force and effect the following insurance
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County Agreement with Fresno Unified Schoo l Dislrici. 2019
1 policies or a program of self-insurance , including but not limited to , an insurance pooling arrangement or
2 Joint Powers Agreement throughout the term of this Agreement. Coverage by COUNTY shall be
3 provided for General Liability and Workers ' Compensation . Upon request from FUSD , COUNTY shall
4 provide certificates of insurance or self-insurance evidencing such coverage .
5 11 . AUDITS AND INSPECTIONS :
6 COUNTY shall at any time during business hours , make available to FUSD for
7 examination all of its records and data with respect to the matters covered by this Agreement. COUNTY
8 sha ll. upon request by FUSD , permit FUSD to audit and inspect all of such records and data necessary to
9 ensure COUNTY's compliance with the terms of this Agreement.
1 O If th is Agreement exceeds ten thousand dollars ($10,000 .00), COUNTY shall be
11 subject to the exam ination and audi t of the California State Auditor for a period of three (3) years after final
12 payment under contract (Government Code section 8546 . 7).
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12 . NOTICES:
The persons and their addresses having authority to give and receive notices under
this Agreement include the following :
COUNTY FUSD
Chief Probation Officer Superintendent
3333 E. American Ave ., Suite B Fresno Unified School District
Fresno, CA 93725 2309 Tulare Street
Fresno, CA 93721
Any and all notices between COUNTY and FUSD 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 service , when deposited in the United States Mail, postage prepaid, addressed to
such party .
13. GOVERNING I.AW:
24 The parties agree that for purposes of venue, performance under this Agreement is to
25 be in Fresno County , California .
26 The rights and obligations of the parties and all interpretation and performance of this
27 Agreement shall be governed in all respects by the laws of the State of California .
28 14 . ENTIRE AGREEMENT:
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County Agreement with Fresno Unified School District , 2019
1 This Agreement constitutes the entire agreement between COUNTY and FUSD with
2 respect to the subject matter hereof, and supersedes all previous Agreement negotiations , proposals ,
3 commitments , writings , advertisements, publications , and understandings of any nature whatsoever unless
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County Agreemeni w ith Fresno Unified School Distric t, 2019
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and yea r
2 first hereinabove written .
3 FRESNO UNIFIED SCHOOL DISTRICT
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V (,z:1;~ __J/ . . . .1 1,2,;., ,1; 7
Ruth 1L Quinl:o ___,., \ · •
Deputy Superintendent/CFO
APPROVED AS TO LEGAL FORM :
Andrew DelaTorre, Director
17 I /) tY1 t.~2. --. >U-/t..r-·;JJ;t
Risk Management for FUSD . .
FOR ACCOUNTING USE ONLY:
FUND : 0001
ORG : 34300540
SUBCLASS : 10000
ACCOUNT : 4895
By:
COUNTY OF FRESNO
~ ~
~anofthe
Board of Supervisors of the County of
Fresno
ATTEST:
Bernice E. Seidel,
Clerk of the Board of Supervisors
County of Fresno, State of California
Deputy
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