HomeMy WebLinkAboutA-21-527 ACT 21-22 with City of Kerman fully executed.pdf Agreement No. 21-527
1 AGREEMENT
2
3 THIS AGREEMENT("Agreement") is made and entered into this 14th day of Dec. 2021, by
4 and between the COUNTY OF FRESNO, a political subdivision of the State of California ("COUNTY"), and
5 the CITY OF KERMAN, a municipal corporation, whose address is 850 S. Madera Avenue, Kerman, CA
6 93630, ("CONTRACTOR").
7 WITNESSETH:
8 WHEREAS, under Assembly Bill 109, the Public Safety Realignment Act(AB 109), the State of
9 California has realigned responsibilities for probation, post release community supervision (PRCS), and
10 mandatory supervised release of offenders; and
11 WHEREAS, AB 109 Implementation Plan of 2011, including its updates, collectively referred to as
12 the"AB 109 PLAN,"was developed by the Fresno County Community Corrections Partnership (CCP), and
13 was approved by the Fresno County Board of Supervisors; and
14 WHEREAS, the AB 109 PLAN includes formation of the Adult Compliance Team (ACT), to create a
15 cooperative unit capable of addressing public safety concerns and issues facing local law enforcement in
16 Fresno County; and
17 WHEREAS, the ACT is comprised of representatives of the Fresno County Sheriffs Department,
18 the Fresno County District Attorney's Office, the Fresno County Probation Department, and officers of the
19 Fresno, Clovis, Selma, Kerman, Kingsburg, and Reedley Police Departments; and
20 WHEREAS, the State of California has provided funding to COUNTY for the purpose of
21 implementing AB 109 services; and
22 WHEREAS, CONTRACTOR desires to continue to be a member of ACT; and
23 WHEREAS, COUNTY and CONTRACTOR desire to enter into this Agreement to maintain
24 CONTRACTOR as an ACT member, and to continue to implement AB 109 services.
25 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
26 contained, the parties hereto agree as follows:
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1 1. OBLIGATIONS OF THE CONTRACTOR
2 A. CONTRACTOR shall assign one (1) City of Kerman police officer ("Police
3 Officer") to fulfill the responsibilities of an ACT member, in accordance with the ACT Operating
4 Agreement, attached as Exhibit"A," and incorporated by this reference. In the event that the AB 109
5 PLAN is revised by the CCP and approved by the Fresno County Board of Supervisors, the
6 responsibilities of the Police Officer under this Agreement may be modified accordingly.
7 2. OBLIGATIONS OF THE COUNTY
8 A. COUNTY shall compensate CONTRACTOR for an amount equal to the cost of
9 one Police Officer for assignment to the ACT, not to exceed the maximum amount payable under this
10 Agreement of$209,112.
11 3. TERM
12 This Agreement shall be effective retroactive to July 1, 2021 and shall terminate on June
13 30, 2022.
14 4. TERMINATION
15 A. Non-Allocation of Funds.-The terms of this Agreement, and the services to be
16 provided hereunder, are contingent on the approval of funds by the appropriating government agency.
17 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
18 terminated, at any time without penalty by giving the CONTRACTOR thirty (30) days advance written
19 notice.
20 B. Breach of Contract-The COUNTY may immediately suspend or terminate this
21 Agreement in whole or in part, where in the determination of the COUNTY there is:
22 1) An illegal or improper use of funds;
23 2) A failure to comply with any term of this Agreement;
24 3) A substantially incorrect or incomplete report submitted to the COUNTY;
25 4) Improperly performed service.
26 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
27 of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither shall such
28 payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default.
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1 The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any
2 funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of the COUNTY were
3 not expended in accordance with the terms of this Agreement. The CONTRACTOR shall promptly refund
4 any such funds upon demand.
5 C. Without Cause- Under circumstances other than those set forth above, this
6 Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written notice of an
7 intention to terminate to CONTRACTOR.
8 5. COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and
9 CONTRACTOR agrees to receive compensation as follows:
10 COUNTY shall compensate CONTRACTOR for an amount equal to the cost of one Police
11 Officer for assignment to the ACT. In no event shall total compensation paid to CONTRACTOR for
12 services performed under this Agreement exceed $209,112.
13 CONTRACTOR shall submit quarterly invoices for actual expenditures to the County of Fresno
14 Probation Department at Probation InvoicesCoD-fresnocountyca.gov Invoices must be submitted on or after
15 the dates of October 1, 2021, and January 1, April 1, and July 1, 2022, respectively, and include a
16 breakdown of expenses identified in the final approved budget of the CCP for use in executing the mission
17 of ACT. COUNTY shall make payment within 45 days of receipt of an approved invoice.
18 Upon any termination of this Agreement, CONTRACTOR shall be compensated for costs incurred
19 under this Agreement, up to and including the date of termination.
20 6. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations
21 assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that
22 CONTRACTOR, including any and all of the CONTRACTOR'S officers, agents, and employees will at all
23 times be acting and performing as an independent contractor, and shall act in an independent capacity and
24 not as an officer, agent, servant, employee,joint venturer, partner, or associate of the COUNTY.
25 Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which
26 CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to administer
27 this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the
28 terms and conditions thereof.
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I CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and
2 regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
3 Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right
4 to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable
5 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
6 addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating
7 to payment of CONTRACTOR'S employees, including compliance with Social Security withholding and all
8 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
9 CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement.
10 7. MODIFICATION: Any matters of this Agreement maybe modified from time to time by the
11 written consent of all the parties without, in any way, affecting the remainder. However, changes to line
12 items in the budgets, as determined by CCP Executive Committee or designee, that do not exceed ten
13 percent (10%) of the maximum compensation maybe made with the written approval of CCP Executive
14 Committee or designee and CONTRACTOR. Any changes to the budget shall not result in any change
15 to the maximum compensation payable under this Agreement. In addition, changes to this Agreement,
16 in whole or in part, which are necessary for compliance with State of California and Federal law, shall be
17 made by written amendment and executed by CCP Executive Committee or designee and
18 CONTRACTOR.
19 8. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor
20 their rights or duties under this Agreement without the prior written consent of the other party.
21 9. HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold harmless, and at
22 COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs and
23 expenses (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or
24 resulting to COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its
25 officers, agents, or employees under this Agreement, and from any and all costs and expenses (including
26 attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm,
27 or corporation who may be injured or damaged by the performance, or failure to perform, of
28 CONTRACTOR, its officers, agents, or employees under this Agreement.
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1 COUNTY agrees to indemnify, save, hold harmless, and at CONTRACTOR'S request, defend the
2 CONTRACTOR, its officers, agents, and employees from any and all costs and expenses (including
3 attorney's fee and costs), damages, liabilities, claims, and losses occurring or resulting to CONTRACTOR
4 in connection with the performance, or failure to perform, by COUNTY, its officers, agents, or employees
5 under this Agreement, and from any and all costs and expenses (including attorney's fees and costs),
6 damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may
7 be injured or damaged by the performance, or failure to perform, of COUNTY, its officers, agents or
8 employees under this Agreement.
9 In the event of concurrent negligence on the part of COUNTY or any of its officers, agents, or
10 employees, and CONTRACTOR or any of its officers, agents, or employees, the liability for any and all
11 such claims, demands, and actions in law or equity for such losses, costs, expenses, and damages shall be
12 apportioned under the State of California's theory of comparative negligence, as presently established, or
13 as may be modified hereafter.
14 This Section 9 shall survive termination or expiration of this Agreement.
15 10. INSURANCE
16 Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third
17 parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance
18 policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or
19 Joint Powers Agreement(JPA)throughout the term of the Agreement:
20 A. Commercial General Liability
21 Commercial General Liability Insurance with limits of not less than Two Million Dollars
22 ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
23 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
24 completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
25 liability or any other liability insurance deemed necessary because of the nature of this contract.
26 B. Automobile Liability
27 Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
28 ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
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I used in connection with this Agreement.
2 C. Professional Liability
3 If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing
4 services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per
5 occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. If any of the required policies provide
6 claims-made coverage:
7 1. The Retroactive Date must be shown and must be before the date of the contract or the
8 beginning of contract work.
9 2. Insurance must be maintained, and evidence of insurance must be provided for at least five
10 (5) years after the completion of the contract work.
11 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy
12 form with a Retroactive Date prior to the contract effective date, the CONTRACTOR must purchase
13 "extended reporting" coverage for a minimum of five (5) years after the completion of the work.
14 D. Worker's Compensation
15 A policy of Worker's Compensation insurance as may be required by the California Labor Code.
16 E. Molestation
17 Sexual abuse/molestation liability insurance with limits of not less than One Million Dollars
18 ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate. This policy shall
19 be issued on a per occurrence basis. Additional Requirements Relating to Insurance
20 CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming
21 the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
22 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
23 additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
24 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
25 provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without
26 a minimum of thirty(30) days advance written notice given to COUNTY.
27 CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and
28 employees any amounts paid by the policy of worker's compensation insurance required by this
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1 Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be
2 necessary to accomplish such waiver of subrogation, but CONTRACTOR's waiver of subrogation under
3 this paragraph is effective whether or not CONTRACTOR obtains such an endorsement.
4 Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement,
5 CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the
6 foregoing policies, as required herein, to the County of Fresno, Probation Office, 3333 E. American Avenue,
7 Suite B, Fresno, CA 93725, stating that such insurance coverage have been obtained and are in full force;
8 that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on
9 the policies; that for such worker's compensation the CONTRACTOR has waived its right to recover from
10 the COUNTY, its officers, agents, and employees any amounts paid under the insurance policy and that
11 waiver does not invalidate the insurance policy; that such Commercial General Liability insurance names
12 the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured,
13 but only insofar as the operations under this Agreement are concerned; that such coverage for additional
14 insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by
15 COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance
16 provided under CONTRACTOR's policies herein; and that this insurance shall not be cancelled or changed
17 without a minimum of thirty(30) days advance, written notice given to COUNTY.
18 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein
19 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
20 Agreement upon the occurrence of such event.
21 All policies shall be issued by admitted insurers licensed to do business in the State of California,
22 and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
23 FSC VI or better.
24 11. AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time during business hours,
25 and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all of
26 its records and data with respect to the matters covered by this Agreement. The CONTRACTOR shall,
27 upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data
28 necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement.
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1 If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to
2 the examination and audit of the California State Auditor for a period of three(3) years after final payment
3 under contract(Government Code Section 8546.7).
4 12. NOTICES: The persons and their addresses having authority to give and receive notices
5 under this Agreement include the following:
6 COUNTY CONTRACTOR
COUNTY OF FRESNO CITY OF KERMAN
7 Chief Probation Officer Chief of Police
8 3333 E. American Avenue, Suite B 850 S. Madera Avenue
Fresno, CA 93725 Kerman, CA 93630
9 All notices between the COUNTY and CONTRACTOR provided for or permitted under this
10 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
11 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
12 personal service is effective upon service to the recipient. A notice delivered by first-class United States
13 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
14 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
15 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
16 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
17 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
18 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
19 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
20 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
21 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
22 including but not limited to the Government Claims Act(Division 3.6 of Title 1 of the Government Code,
23 beginning with section 810).
24 13. GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall only
25 be in Fresno County, California. The rights and obligations of the parties and all interpretation and
26 performance of this Agreement shall be governed in all respects by the laws of the State of California.
27 14. SEVERABILITY
28 In the event any provisions of this Agreement are held by a court of competent jurisdiction to be
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1 invalid, void, or unenforceable, the remaining provisions of this Agreement will nevertheless continue in
2 force and effect without being impaired or invalidated in any way.
3 15. WAIVER
4 The waiver by either party of a breach by the other of any provision of this Agreement shall not
5 constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different
6 provision of this Agreement. No waiver of a party's breach of any provision of this Agreement shall be
7 effective unless the waiver is in writing and signed by the party against whom the waiver is sought to be
8 enforced. Waiver of any one provision shall not be deemed to be a waiver of any other provision herein.
9 16. INTERPRETATION
10 The parties acknowledge that this Agreement in its final form is the result of the combined efforts of
11 the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such
12 ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather
13 by construing the terms in accordance with their generally accepted meaning.
14 17. NO THIRD-PARTY BENEFICIARIES
15 Nothing set forth in this Agreement shall create any legal rights in any person not party to this
16 Agreement.
17 18. ELECTRONIC Signatures: The parties agree that this Agreement may be executed by
18 electronic signature as provided in this section. An "electronic signature" means any symbol or process
19 intended by an individual signing this Agreement to represent their signature, including but not limited to (1)
20 a digital signature; (2) a faxed version of an original handwritten signature; or(3) an electronically scanned
21 and transmitted (for example by PDF document) of a handwritten signature. Each electronic signature
22 affixed or attached to this Agreement(1) is deemed equivalent to a valid original handwritten signature of
23 the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any
24 administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten
25 signature of that person. The provisions of this section satisfy the requirements of Civil code section 1633.5
26 subdivision (b), in the Uniform Electronic Transaction Act(Civil Code, Division 3, Part 2, title 2.5, beginning
27 with section 1633.1). Each party using a digital signature represents that it has undertaken and satisfied
28 the requirements of Governmental Code section 16.5, subdivision (a), paragraphs (1)through (5), and
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1 agrees that each other party may rely upon that representation. This Agreement is not conditioned upon
2 the parties conducting transactions under it by electronic means and either party may sign this Agreement
3 with an original handwritten signature.
4 19. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
5 CONTRACTOR and COUNTY with respect to the subject matter hereof, and supersedes all previous
6 Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
7 understanding 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 of the day and year
2 first hereinabove written.
3
4 CONTRALTO COUNTY OFF E NO
5 �5v_ -
(Author' d S' ature) Steve randa Chairman of the Board of
6 Supervisors of the County of Fresno
7 aV1T6tnWnS , 0AV W""V
Print Name &Title
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9
d
10 Mailing Address ATTEST:
Bernice E. Seidel
11 Clerk of the Board of Supervisors
12 County of Fresno, State of California
13
14
15 By.
16 De u
FOR ACCOUNTING USE ONLY:
17 Fund: 0001
18 Subclass: 10000
19 ORG: 34309999
20 Account: 7295
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Exhibit A
AB 109
The Criminal Justice Realignment Act
Adult Compliance Team (ACT)
May 2021
OPERATING AGREEMENT
Fresno County Probation Department
Fresno County Sheriff's Department
Fresno County District Attorney's Office
Fresno Police Department
Clovis Police Department
Selma Police Department
Reedley Police Department
Kerman Police Department
Kingsburg Police Department
Exhibit A
I. PURPOSE
This document establishes the purpose of the Adult Compliance Team (ACT) as a joint and
cooperative effort.Additionally, it formalizes relationships between participating agencies for
policy and planning in order to create a cooperative unit capable of addressing the public
safety concerns and issues facing local law enforcement in Fresno County regarding
probation, post release community supervision (PRCS), and mandatory supervised release
that may occur dueto the passage of the Criminal Justice Realignment Act(AB 109)effective
October 1,2011.
H. MISSION
The mission of ACT is to provide an additional layer of offender supervision to ensure
offender accountability,surveillance, and supervision through mobile,intensive and evidence-
based practices leading to enhanced public safety and offender compliance.
III. GOALS
A. To reduce the occurrence of new criminal acts by targeting offenders on probation, post
release community supervision, and mandatory supervised release with intensive
surveillance by peace officers dedicated to enforcement of conditions of release.
B. To identify supervised offenders who are not meeting their conditions of release in order
to ensure compliance.
G. To mitigate the need for custodial sanctions through appropriate early interventions.
D. To document trends in the realignment population and respond efficiently to emerging
trends that adversely affect public safety.
E. To gather, collect, and provide information and direction regarding the post release
community supervision (PRCS) and realignment populations for all law enforcement
agencies in the County of Fresno and act as the point of contact for dissemination of
offender information to law enforcement.
F. To respond rapidly to emergency situations with knowledge and information about the
offenders.
G. To provide other public safety responses including searches as authorized by the terms
of release and warrant services, as needed.
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Exhibit A
IV.GENERAL OPERATIONAL STRATEGIES
Intensive supervision based on offender assessment, enjoined with evidence-based
practices, forms the cornerstone of the Fresno County AB 109 supervision model. This
intensive approach is seen in the formation of ACT; an interagency public safety alliance with
local law enforcement agencies and county justice partners that provides an additional level
of offender accountability and public safety. The "strike team" concept is used to describe
peace officers under ACT, dedicated to particular enforcement and public safety purposes,
with an immediate capacity to take action with offenders under probation supervision, post
release community supervision (PCRS), and mandatory supervised release by the Fresno
County Probation Department.
To this end, the participating agencies developed these operational guidelines and
procedures concerning the formation of the Adult Compliance Team. The participating
agencies agree jointly and separately to abide by these terms and provisions set forth
throughout the formation of the joint operation.
V. ORGANIZATIONAL STRUCTURE
The Adult Compliance Team will be co-located at the Fresno County Probation
Department. The Probation Department is the commanding agency of ACT and will
maintain responsibility for the administrative direction, objective, and mission of the Adult
Compliance Team.
The team will consist of sworn officers from the following agencies: two (2) deputy probation
officers from the Fresno County Probation Department; one (1) sergeant from the Fresno
County Sheriff's Department;two (2) deputies from the Fresno County Sheriffs Department;
two(2)senior district attorney investigators from the Fresno County District Attorney's Office;
one (1)sergeant from the Fresno Police Department; two(2) police officers from the Fresno
Police Department; two (2) police officers from the Clovis Police Department; one (1) Crime
Specialist from the Clovis Police Department; one (1) police officer from the Selma Police
Department; one (1) police officer from the Reedley Police Department; one (1) police officer
from the Kerman Police Department; and one (1) police officer from the Kingsburg Police
Department. Dependent upon future funding, the size of ACT may fluctuate according to the
number of officers and agencies.
A. Policy and Direction
Under the policy and planning direction of the Community Corrections Partnership (CCP),
ACT will utilize an Advisory Sub-Committee of CCP.
B. ACT Advisory Sub-Committee of the CCP
Each law enforcement agencythat assigns personnel to ACT may designate a member to the
ACT Advisory Sub-Committee of the CCP. All law enforcement agencies operating within
the county with an interest in ACT are welcome to attend the meetings of the ACT Advisory
Sub-Committee.
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Exhibit A
Appointments to and removal from theACTAdvisory Sub-Committee and appointment of
a Sub-Committee Chairperson will be made by the CCP Executive Committee.
C. Operations Commander
The Probation Services Manager is the Operations Commander and has overall
responsibilityfor the operation of ACT.The Operations Commander implements direction
to the team under the administrative direction of the Fresno County Probation
Department's Realignment Division Director. The Operations Commander will liaison with
individual members of the ACT Advisory Sub-Committee, and will attend meetings of the
CCP as required.
D. Field Supervisor
The assigned Field Supervisor(s) will be the day-to-day operations supervisor(s) and
responsible for overall coordination of tactical field operations. When ACT works as separate
elements and both supervisors are working, each supervisor will be responsible for their
assigned element. When only one supervisor is on duty,that supervisor will be responsible for
the supervision of both elements.
E. Probation Department
All probation conditions and release compliance remain the responsibility of the AB 109
probation officer assigned to a specific offender. These conditions are predetermined
before release from custody to probation, post release community supervision or
mandatory supervised release. The offenders will be under the supervision of their
assigned probation officer or ACT probation officer.
VI. OPERATIONS
A. Supervision and Field Responsibility
The use of surveillance,supervision, and field contacts will be established in conjunction
with Fresno County Probation Department policies and as established by the CCP
Executive Committee, ACT Advisory Sub-Committee, and policies and procedures of
general law enforcement accepted practices as established by statute and case law.
All ACT personnel will conform to their own agencies' policies and procedures as well as
policies and procedures that may be required by participation in ACT.
B. Records and Reports
All reports created by ACT related to contacts with those offenders under probation
supervision, post release community supervision, and mandatory supervised release will
be entered into the Probation Records Information Management System (PRIMS). All
4
Exhibit A
agencies participating on the ACT will have full access to Sharenet and the information in
PRIMS. Information sharing with other law enforcement agencies regarding offenders
under probation supervision, post release community supervision, and mandatory
supervised release allowing for appropriate law enforcement response is a priority for
ACT.
Any additional crime, arrest, or incident report will be documented by the primary
investigative officer through the use of their own departmental report writing system.
VII. ADMINISTRATION
A. Financial Administration
Financial administration of ACT funds allocated by the CCP Executive Committee will be
the responsibility of the Fresno County Probation Department Business Office through
the duration of the program. In addition, the allocation and management of funds are
guided by Fresno County Fiscal Policy and under the review quarterly of the CCP Finance
and Audit Sub-Committee for presentation to the CCP.
B. Vehicles
As provided for in the approved CCP budget, vehicles will be provided for probation staff
and for participating law enforcement officers as specified in the final approved budget of
the CCP and Fresno County, for use in executing the mission of ACT.
C. Communications
Each participating law enforcement agency will provide communications equipment for its
own personnel through the duration of the OA. Each agency is responsible for its
interagency communication operability. The policies and procedures of each agency will
govern communication by its own personnel. The Fresno County Sheriffs Dispatch will
be the primary contact for operations of ACT.
D. Firearms
Each participating agency will provide all necessary firearms for its own personnel
through the duration of the OA. The policies and procedures of each agency will govern
the use of firearms by its own personnel.
E. Equipment and Property
Any property, equipment or other items acquired with funds allocated by the CCP
Executive Committee shall be the property of ACT through the duration of the OA. Upon
termination of this OA or any revision, the property of ACT shall be distributed as
determined by the CCP Executive Committee.
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Exhibit A
F. Training
ACT Officers will complete training as assigned and approved by the ACT Advisory Sub-
Committee chairperson or their designee. Training for the team will be outlined during the
fiscal year to reflect the needs of the team.The Probation Division Director may also assign
training to the ACT members as it pertains to the Evidence-Based Practices outlined by
the AB 109 program.
G. Personnel Management
The selection of ACT members will be made by each participating agency. If any of the
ACT policies and procedures conflict with any of the participating agencies' policies and
procedures, notice of said conflict shall be immediately given to a supervisor. The
supervisor will take whatever action necessary to reconcile the conflict.
Each participating agency retains full responsibility for the professional and personal
conduct of its own personnel assigned to ACT. Each participating agency will follow their
agency directives/MOU for working modified schedules.
Vill. MULTI-AGENCY ADMINISTRATIVE CONCERNS
All ACT personnel will conform to their own agencies' policies and procedures as well as
policies and procedures that may be required by participation in ACT.
There are a number of categories of administrative issues or situations pertaining to individual
team members which will or may arise. Those include but are not limited to:
A. Citizen Complaints
B. Employee Evaluations
C. On-Duty Motor Vehicle Accidents
D. Injuries Sustained on Duty
E. Officer-Involved Shooting
F. Discharge of Firearm
G. Vehicle Pursuits
H. Use of Force
Each participating team member's agency has in place an administrative process for
addressing the situations listed above. Should these situations occur, ACT will
immediately notify the involved officer's agency. It will remain the responsibility of the
involved officer's agency to address those situations pursuant to their own administrative
process. All agencies involved in a critical incident will have the opportunity to observe
other agency interviews with their own employees.
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Exhibit A
IX. DURATION
This OA shall become effective upon execution and shall continue without change until
amended in accordance with Section X or terminated as discussed below.
Participation in ACT by any participating agency may continue as funding provides or until
said agency terminates participation in ACT. An agency shall terminate participation in the
following manner: delivery of written notice to the Chairperson of the CCP Executive
Committee and to all other participation agencies, with termination to be effective 60 days
after delivery.
As to each participating agency, this OA will be in force from the date that agency signs the
agreement. Termination of the OA has been provided for above.
X. AMENDMENT
Any member of the ACT Advisory Sub-Committee may propose an amendment to this OA
by submitting it at any regular meeting of the ACT Advisory Sub-Committee. The proposed
amendment would be submitted to the Executive Committee of the Community Corrections
Partnership for their consideration and approval.
XI. LIABILITY
Each participating agency will be solely responsible for any and all damages, including
attorney's fees, results from acts or omissions of its own employees including ACT assigned
employee. Each participating agency shall indemnify and hold harmless each other
participating agency for said acts or omissions. The provisions contained herein include any
violation of applicable law, ordinance, regulation or rule, including where the claim, loss,
damage, charge or expense was caused by deliberate, willful or criminal acts of any agency,
or any of its agents, officers or employees in its or their performance thereunder.
It is the intent of the parties hereto that, where negligence is determined to have been
contributory, principles of comparative negligence will be followed, and each party shall bear
the proportionate cost of any loss, damage, expense, and liability attributable to that party's
negligence.
The participating agencies will establish procedures to notify the other agencies where
appropriate of any claims, administrative actions or legal actions with respect to any of the
matter described in this indemnification provision. The agencies shall cooperate in the
defense of such actions brought by others with respect to the matters covered in this
agreement. Nothing set forth in this OA shall establish a standard of care for, or create any
legal rights in, any person not a party to this OA.
7
Exhibit A
XII. NON-WAIVER
Waiver of any breach or default hereunder will not constitute a continuing waiver or a waiver of
any subsequent breach, of either the same or another provision of this OA.
XIII.SEVERABILITY
If any term, covenant, or condition of this OA is held by a court of competent jurisdiction to
be invalid, the remainder of this OA will remain in full force and effect.
XIV. AMBIGUITY
The participating agencies have each carefully reviewed this OA and have agreed to each term
of this OA. No ambiguity shall be presumed to be construed against any other party.
XV. GOVERNING LAW
The interpretation and enforcement of this OA will be governed by the laws of the State of
California, and where applicable, by federal law. The participating agencies agree to submit
any disputes arising under this OA to a court of competent jurisdiction located in Fresno,
California.
XVI. INTEGRATION
The OA embodies the entire agreement of the participating agencies in relation to the
formation and operation of ACT, except for"Program Costs." Except for that, there is no other
agreement or understanding, verbal or otherwise, existing among the participating agencies
8
Exhibit A
XVII. SUPPORTING AGENCIES
The following Agencies support the mission and strategies of ACT:
Kirk Haynes, C Ulf Probation Officer Dated
ounty of F
Lisa A. S itt�lp, District Atto ey DateCounty o
Margaret Mi Sheriff Dated
Coup" resno
P o Balderrama, Chief of Police Dated
C' f Fr(sA
uit Fleming, Chief of Police Dated
City of Clovis
ep Chief of Police Dated
City of Selma
Q�� /Jose L a ief of Polio Dated
City of Ree ley
�4�4-
1(
John Gol ', Chief of Police Dated
City of Kerman
Neil Dadian, Chief of Police Dated
City of Kingsburg
9