HomeMy WebLinkAboutAgreement A-20-308 with KCUSD.pdfCounty Agreement with Kings Canyon Unified School District, 2020
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A G R E E M E N T
THIS AGREEMENT, (“Agreement”) is made and entered into this day of ____________,
2020 (“Effective Date”), by and between the COUNTY OF FRESNO, a political subdivision of the State of
California (“COUNTY”), and KINGS CANYON UNIFIED SCHOOL DISTRICT, whose address is 1801 10th
Street, Reedley, CA 93654, (“CONTRACTOR” or "KINGS CANYON USD").
W I T N E S S E T H:
WHEREAS, certain students attending KINGS CANYON USD are court wards on probation;
WHEREAS, COUNTY is unable to fund sufficient Deputy Probation Officer positions for the
purpose of assignments to oversee students attending KINGS CANYON USD;
WHEREAS, KINGS CANYON USD desires that services from the Fresno County Probation
Department be provided to students attending KINGS CANYON USD, 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 FUSD:
KINGS CANYON USD shall compensate and remit payment to COUNTY, as provided
herein, a total annual compensation amount not to exceed seventy-five thousand dollars ($75,000) during
the term of this Agreement, in accordance with Section 5, herein.
2.OBLIGATIONS OF COUNTY:
COUNTY shall assign two (2) Deputy Probation Officers to be responsible for ordinary
probation services on a full-time basis at KINGS CANYON USD school sites while this Agreement is in
effect and in force, as determined by mutual written agreement of KINGS CANYON USD and COUNTY’s
Chief Probation Officer,. COUNTY shall also make every effort to provide a Deputy Probation Officer to
attend and participate in Mega School Attendance Review Board (“SARB”) court hearings on a weekly
basis.
18th August
Agreement No. 20-308
County Agreement with Kings Canyon Unified School District, 2020
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The duties of the assigned Deputy Probation Officers shall be, but are not necessarily
limited to, the following:
A.Provide supervision of students on formal and informal probation attending
KINGS CANYON USD school sites, as determined by mutual written agreement of KINGS CANYON
USD and the Chief Probation Officer.
B.Operate in conjunction with officers of the Reedley and Orange Cove
Police Departments, as a Police/Probation Team that provides investigation and intervention services
concerning minors involved in delinquent activity on KINGS CANYON USD high school campuses.
C.Impose and monitor programs of informal probation and other dispositional
options for minors attending the high school campuses who commit crimes off campus, and who are
referred to the high school Police/Probation Team for intake services by the Probation Department
Intake Unit.
D.Work closely with school administrators and faculty to ensure school
attendance of students on probation attending the specified high schools.
E.Develop school-based intervention options, such as work projects, graffiti
paintouts, and other forms of community service, designed to hold minors attending the high schools
accountable for misconduct, and to prevent further entry into the juvenile justice system.
F.Attend regular interagency meetings of the participating agencies.
G.Assist in the cooperative effort of probation, police, and schools to closely
monitor and supervise juvenile probationers attending the high school campuses and help develop and
operate a spectrum of intervention and diversion programs designed to improve behavior in the
community, home, and school.
H.Promote youth development by introducing age-appropriate prevention
and intervention programs on selected KINGS CANYON USD 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:
The term of this Agreement shall be for a period of one (1) year, retroactively
County Agreement with Kings Canyon Unified School District, 2020
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commencing on July 1, 2020, through and including June 30, 2021. This Agreement may be extended for
four (4) additional consecutive twelve (12) month periods upon written approval of both parties no later than
thirty (30) days prior to the day of the next twelve (12) month extension period. The Chief Probation Officer
or his or her designee is authorized to execute such written approval on behalf of COUNTY based on
CONTRACTOR’S satisfactory performance.
4.TERMINATION:
A.Without Cause – Either party may terminate this Agreement without cause by
giving at least thirty (30) days advance written notice of such termination to the other party.
B.Breach of Contract – Either party may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of either party there is:
1)An illegal or improper use of funds;
2)A failure to comply with any term of this Agreement;
3)A substantially incorrect or incomplete report has been submitted.
The aggrieved party shall give written notice of such termination to the breaching
party.
In no event shall continued provision of services by COUNTY constitute a waiver by
COUNTY of any breach of this Agreement or any default that may then exist on the part of KINGS
CANYON USD. Neither shall continued provision of services by COUNTY impair or prejudice any
remedy available to COUNTY with respect to the breach or default.
C.Non-Allocation of Funds - The terms of this Agreement and any extensions, and
the services to be provided, are contingent on the approval of funds by the appropriating government
agency. If sufficient funds are not allocated, the services provided may be modified, or this Agreement
terminated at any time without penalty by giving KINGS CANYON USD thirty (30) days advance written
notice.
Upon any termination of this Agreement, COUNTY shall be compensated for all
services provided to KINGS CANYON USD, up to and including the date of termination based upon a
prorated amount: i.e., the total financial obligation of KINGS CANYON USD to COUNTY under this
Agreement, as prorated, based upon amount of time that this Agreement is in effect compared to the
County Agreement with Kings Canyon Unified School District, 2020
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total term of this Agreement.
5.COMPENSATION/INVOICING:
As compensation to COUNTY for the performance of its services under this
Agreement, KINGS CANYON USD agrees to pay COUNTY, and COUNTY agrees to receive,
compensation as follows: KINGS CANYON USD shall pay to COUNTY a maximum annual compensation
amount not to exceed seventy-five thousand dollars ($75,000), to be paid by KINGS CANYON USD to
COUNTY in four (4) payments of eighteen thousand, seven hundred fifty dollars ($18,750), paid on or
about the dates of October 1, January 1, March 1, and June 1, for each year that the Agreement is in place.
In no event shall the maximum compensation amount payable to COUNTY by KINGS CANYON USD
collectively under this Agreement for the total potential five (5) year Agreement term exceed three hundred
seventy-five thousand dollars ($375,000). COUNTY shall invoice KINGS CANYON USD as noted in this
section, addressed to: John Campbell, Superintendent/Chief Business Officer, 1801 10th Street, Reedley,
CA 93654. Payments by KINGS CANYON USD shall be made within forty-five (45) days of receipt of an
invoice for services provided by COUNTY.
6.INDEPENDENT CONTRACTOR:
In performance of the work, duties and obligations assumed by COUNTY under this
Agreement, it is mutually understood and agreed that COUNTY, including all assigned Deputy Probation
Officers, 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 KINGS CANYON USD. Furthermore, KINGS CANYON USD
shall have no right to control or supervise or direct the manner or method by which COUNTY shall perform
its work and function. However, KINGS CANYON USD 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.
KINGS CANYON USD 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 KINGS
County Agreement with Kings Canyon Unified School District, 2020
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CANYON USD may only be effected if mutually agreed upon in writing by duly authorized representatives
of the parties hereto. This Agreement shall not be modified or any rights of it waived except by such a
writing.
8.NON-ASSIGNMENT:
Neither COUNTY nor KINGS CANYON USD 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:
KINGS CANYON USD agrees to indemnify, save, hold harmless, and at COUNTY's
request, defend 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 KINGS CANYON USD, 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 KINGS CANYON USD, its officers, agents, or employees under this Agreement.
COUNTY agrees to indemnify, save, hold harmless, and at KINGS CANYON USD's request,
defend the KINGS CANYON, its officers, agents, and employees from any and all costs and expenses,
damages, liabilities, claims, and losses occurring or resulting to KINGS CANYON USD in connection with
the performance, or failure to perform, by COUNTY, 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 COUNTY, its officers, agents, or employees under this Agreement.
In the event of concurrent negligence on the part of COUNTY or any of its officers,
agents or employees, and KINGS CANYON USD or any of its officers, agents, or employees, the liability
for any and all such claims, demands and actions in law or equity for such losses, fines, penalties,
forfeitures, costs and damages shall be apportioned under the State of California's theory of
comparative negligence as presently established or as may be modified hereafter.
This Section 9 shall survive termination or expiration of this Agreement.
County Agreement with Kings Canyon Unified School District, 2020
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10.INSURANCE
Without limiting COUNTY’s right to obtain indemnification from KINGS CANYON USD
or any third parties, KINGS CANYON USD, at its sole expense, shall maintain in full force and effect the
following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling
arrangement or Joint Powers Agreement throughout the term of this Agreement. Coverage by KINGS
CANYON USD shall be provided for General Liability and Workers’ Compensation. Upon request from
COUNTY, KINGS CANYON USD shall provide certificates of insurance or self-insurance evidencing
such coverage.
Without limiting KINGS CANYON USD’s right to obtain indemnification from
COUNTY or any third parties, COUNTY, at its sole expense, shall maintain in full force and effect the
following insurance policies or a program of self-insurance, including but not limited to, an insurance
pooling arrangement or Joint Powers Agreement throughout the term of this Agreement. Coverage by
COUNTY shall be provided for General Liability and Workers’ Compensation. Upon request from
KINGS CANYON USD, COUNTY shall provide certificates of insurance or self-insurance evidencing
such coverage.
11.AUDITS AND INSPECTIONS:
COUNTY shall at any time during business hours, make available to KINGS CANYON
USD for examination all of its records and data with respect to the matters covered by this Agreement.
COUNTY shall, upon request by KINGS CANYON USD, permit KINGS CANYON USD to audit and inspect
all of such records and data necessary to ensure COUNTY’s compliance with the terms of this Agreement.
If this Agreement exceeds ten thousand dollars ($10,000.00), COUNTY shall be
subject to the examination and audit of the California State Auditor for a period of three (3) years after final
payment under contract (Government Code section 8546.7).
12.NOTICES:
The persons and their addresses having authority to give and receive notices under
this Agreement include the following:
COUNTY KINGS CANYON USD Chief Probation Officer Superintendent 3333 E. American Ave., Suite B Kings Canyon Unified School District
County Agreement with Kings Canyon Unified School District, 2020
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Fresno, CA 93725 1801 10th Street Reedley, CA
All notices between the COUNTY and KINGS CANYON USD provided for or
permitted under this Agreement must be in writing and delivered either by personal service, by first-class
United States mail, by an overnight commercial courier service, or by telephonic facsimile transmission.
A notice delivered by personal service is effective upon service to the recipient. A notice delivered by
first-class United States mail is effective three COUNTY business days after deposit in the United States
mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier
service is effective one COUNTY business day after deposit with the overnight commercial courier
service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the
recipient. A notice delivered by telephonic facsimile is effective when transmission to the recipient is
completed (but, if such transmission is completed outside of COUNTY business hours, then such
delivery shall be deemed to be effective at the next beginning of a COUNTY business day), provided
that the sender maintains a machine record of the completed transmission. For all claims arising out of
or related to this Agreement, nothing in this section establishes, waives, or modifies any claims
presentation requirements or procedures provided by law, including but not limited to the Government
Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810).
13.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.
14.ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between COUNTY and KINGS
CANYON USD 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.
County Agreement with Kings Canyon Unified School District, 2020
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written .
3 KINGS CANYON UNIFIED SCHOOL DISTRICT COUNTY OF FRESNO
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FOR ACCOUNTING USE ONLY :
20 FUND : 0001
ORG : 34300540
21 SUBCLASS: 10000
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ACCOUNT: 4895
By:
Ernest Buddy Mendes, airman of the
Board of Supervisors of the County of
Fresno
ATTEST:
Bernice E. Seidel ,
Clerk of the Board of Supervisors
County of Fresno , State of California
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