HomeMy WebLinkAbout322281 AGREEMENT
2 THIS AGREEMENT is made and entered into this _____ day of _____ , 2015,
3 by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California,
4 hereinafter referred to as "COUNTY", and FRESNO UNIFIED SCHOOL DISTRICT, whose
5 address is 2309 Tulare Street, Fresno, CA 93721, hereinafter referred to as "FUSD".
6 W I T N E S S E T H:
7 WHEREAS, FUSD requires the services ofCOUNTY's Department of Social Services (DSS)
8 in providing specialized staff services to homeless children and their families, grades kindergarten
9 through twelve, who reside within FUSD boundaries to secure permanent housing and encourage
10 school/home participation as part of DSS Project ACCESS; and,
11 WHEREAS, COUNTY has sufficient experience in programs serving homeless, at-risk children
12 and their families and is qualified to perform the services required by this Agreement.
13 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
14 hereto agree as follows:
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1. RESPONSIBILITIES OF FUSD
A. FUSD shall provide confidential office space, desk, access to a phone and
1 7 necessary desktop supplies needed for normal project operation by DSS Project ACCESS staff.
18 B. FUSD shall allow DSS Project ACCESS staff access to children and school
19 records, as appropriate, to facilitate the purpose of the program.
20 C. FUSD shall provide identification and referral of children who meet the criteria
21 for inclusion in DSS Project ACCESS to appropriate DSS Project ACCESS staff.
22 D. FUSD shall cooperate and support COUNTY to ensure the success of the DSS
2 3 Project ACCESS.
24 2. RESPONSIBILITIES OF COUNTY
2 5 COUNTY shall designate Two (2) existing, social worker positions specifically to
2 6 provide specialized services to homeless, at-risk children, grades kindergarten through twelve and
2 7 their families, who reside within FUSD boundaries as part of Project ACCESS. These specialized
2 8 services focus primarily on attaining permanent housing, attendance, health, and social service needs
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Fresno, CA
1 and are provided at the Fresno Unified School District Prevention and Intervention Office, as well as
2 at the school site and in the community. Outreach efforts to homeless families and their children will
3 be made to family shelters and motels to educate parents/guardians on how to enroll their children in
4 FUSD schools. Service linkages will be made to address homelessness including substance abuse,
5 domestic violence, and mental health treatment. These specialized services will encourage
6 family/school participation by enhancing service coordination and cooperation between school and
7 community resources; maximizing school/home outcomes; and by providing alternative services for
8 families that might otherwise become involved with the child welfare system.
9 3. GOAL OF DSS PROJECT ACCESS
10 It is the goal of the COUNTY to provide services to homeless families and their children
11 in a manner that is responsive to the needs of the homeless student in grades kindergarten through
12 twelve, who reside within the FUSD boundaries. These services will be provided at the school site in
13 the FUSD Prevention and Intervention office, in the home and in the community. Success in
14 achieving the goal of the program will be maximized through collaborative efforts, including sharing
15 information on homeless families and their children's attendance records. Regular ongoing dialogue
16 and mutual feedback between program administrators and school administrators will assist in the joint
1 7 effort to enroll homeless children in school. In the event of a dispute, it is agreed that COUNTY and
18 FUSD will use reasonable efforts to resolve them in a cooperative and amicable manner.
19 4. TERM
2 0 This Agreement shall become effective on the 1st day of July 2015 and will terminate on
21 the 30th day of June 2016.
5. TERMINATION 22
23 A. Non-Allocation of Funds -The terms of this Agreement, and the services to be
2 4 provided thereunder, are contingent on the approval of funds by the appropriating government agency.
2 5 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
2 6 terminated at any time by giving FUSD thirty (30) days advance written notice.
27 B. Without Cause -Under circumstances other than those set forth above, this
2 8 Agreement may be terminated by FUSD or COUNTY, COUNTY's DSS Director or designee, upon
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Fresno, C\
1 the giving of thirty (30) days advance written notice of an intention to terminate.
2 6. COMPENSATION
3 FUSD will compensate COUNTY for Social Worker specialized services provided by
4 COUNTY by paying COUNTY Four Thousand Six Hundred Twenty-Five and 00/100 Dollars
5 ($4,625.00) per month. In no event shall the total obligation ofFUSD to COUNTY under this
6 Agreement exceed Fifty-Five Thousand Five Hundred Dollars and 00/100 Dollars ($55,500.00). The
7 FUSD shall pay COUNTY monthly in arrears, within thirty (30) days from date ofFUSD's receipt of
8 COUNTY's invoice.
9 7. INVOICING
10 COUNTY shall invoice FUSD monthly, addressed to the Fresno Unified School
11 District, Attention: Accounts Payable, 2309 Tulare Street, Fresno, CA 93 721.
12 8. MODIFICATION
13 Any matters of this Agreement may be modified from time to time by the written
14 consent of all the parties without, in any way, affecting the remainder.
15 9. NON-ASSIGNMENT
16 Neither party shall assign, transfer or subcontract this Agreement nor their rights or
1 7 duties under this Agreement without the prior written consent of the other party.
10. MUTUAL HOLD-HARMLESS 18
19 A. FUSD agrees to indemnify, save, hold harmless, and at COUNTY'S request,
2 0 defend COUNTY, its officers, agents, and employees from any and all costs and expenses, damages,
21 liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance,
2 2 or failure to perform, by FUSD, its officers, agents, or employees under this Agreement, and from any
2 3 and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any
2 4 person, firm, or corporation who may be injured or damaged by the performance, or failure to
2 5 perform, of FUSD, its officers, agents, or employees under this Agreement.
26 B. COUNTY agrees to indemnify, save, hold harmless, and at FUSD's request,
2 7 defend FUSD, its officers, agents, and employees from any and all costs and expenses, damages,
2 8 liabilities, claims, and losses occurring or resulting to FUSD in connection with the performance, or
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Fresno, CA
1 failure to perform, by COUNTY, its officers, agents, or employees under this Agreement, and from
2 any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any
3 person, firm, or corporation who may be injured or damaged by the performance, or failure to
4 perform, of COUNTY, its officers, agents, or employees under this Agreement.
5 11. INSURANCE
6 Without limiting the indemnification of each party as stated in Section 11 above, it is
7 understood and agreed that FUSD and COUNTY shall each maintain, at their sole expense, insurance
8 policies or self-insurance programs including, but not limited to, an insurance pooling arrangement
9 and/or Joint Powers Agreement to fund their respective liabilities throughout the term of this
10 agreement. Coverage shall be provided for comprehensive general liability, automobile liability,
11 professional liability, and workers' compensation exposure. Evidence oflnsurance, Certificates of
12 Insurance or other similar documentation shall not be required of either party under this Agreement.
13 12. COMPLIANCE WITH LAW
14 In the performance of their respective obligations contemplated by the Agreement, each
15 party agrees to comply with all applicable local, State of California and Federal laws and regulations
16 as those laws and regulations may change from time-to-time.
17 13. SEVERABILITY
18 In the event any provision of this Agreement shall be held invalid or unenforceable by a
19 court of competent jurisdiction, such holdings shall not affect the validity or enforceability of the
2 0 remaining provisions of the Agreement.
21 14. NON-DISCRIMINATION
22 During the performance of this Agreement, FUSD shall not unlawfully discriminate against any
2 3 employee or applicant for employment, or recipient of services, because of ethnic group identification,
2 4 age, sex, gender, gender identity, gender expression, sexual orientation, color, physical disability,
2 5 mental disability, medical condition, national origin, race, ancestry, marital status, religion, or religious
2 6 creed pursuant to all applicable State of California and Federal statutes and regulations.
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15. NOTICES
The persons having authority to give and receive notices under this Agreement and their
-4 -COUNTY OF FRESNO
Fresno, CA
1 addresses include the following:
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COUNTY
Director
Department of Social Services
2135 Fresno Street, Suite 100
Fresno, CA 93 721
Executive Director,
Fresno Unified School District
4498 N. Brawley Avenue
Fresno, CA 93722
6 Any and all notices between COUNTY and FUSD provided for or permitted under this
7 Agreement or by law, shall be in writing and shall be deemed duly served when personally delivered
8 to one of the parties, or in lieu of such personal service, when deposited in the United States Mail,
9 postage prepaid, addressed to such party.
10 16. GOVERNING LAW
11 The parties agree, that for the purposes of venue, performance under this Agreement is
12 to be in Fresno County, California.
13 The rights and obligations of the parties and all interpretation and performance of this
14 Agreement shall be governed in all respects by the laws of the State of California.
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17. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between FUSD and COUNTY with
respect to the subject matter hereof and supersedes all previous agreement negotiations, proposals,
commitments, writings, advertisements, publications, and understanding of any nature whatsoever
unless expressly included in this Agreement.
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Fresno, CA
1 IN WI1NESS WHEREOF, the parties-hereto have executed this Agreement as ofthe day and year first
2 hereinabove written.
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ATTEST:
FUSD:
FRESNO UNIFIED SCHOOL DISTRICT
By~,,~
Print Name: Ruth F. Quinto
Title: Deputy Superintendent/CFO
APPROVED AS TO LEGAL FORM
Print Name: Antlrtw De LA TDrre.
Title: birtt.fDYj /(ic~ H~•fewtet~f
Risk Management for FUSI5
Mailing Address:
2309 Tulare Street
Fresno, CA 93721
Phone No.: (559) 441-3512
. COUNTY OF FRESNO
BERNICE E. SEIDEL, Clerk
Board of Supervisors
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
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Fresno,CA
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APPROVED AS TO LEGAL FORM:
DANIEL C. CEDERBORG, COUNTY COUNSEL
4 By~-H-------"'..!:~~~~~S"'--'--A~~
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APPROVED AS TO
VICKI CROW, C.P.A., AUDITOR-CONTROLLER/
TREASURE-t AX COLLECTOR
10 By~~~~~~~~~~~
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REVIEWED AND RECOMMENDED FOR
APPROVAL:
By ----""''-----------=-;;c_____:_-----1'4--"'--W'---=---_
Delfino E. Neira, D ctor
Department of Soci I Services
Fund:
Organization:
Account/Program:
0001/10000
56107001
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- 7 -COUNTY OF FRESNO
Fresno, CA