HomeMy WebLinkAboutAgreement A-24-582 Retroactive Agreement with the City of Reedley.pdf Agreement No. 24-582
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement") is dated November 5, 2024 and is between
3 City of Reedley, a municipal corporation, whose address is 843 G Street, Reedley, CA 93654
4 ("Contractor"), and the County of Fresno, a political subdivision of the State of California
5 ("County").
6 Recitals
7 A. Under Assembly Bill 109, the Public Safety Realignment Act (AB 109), signed into law
8 on April 5, 2011, the State of California has realigned responsibilities for probation, post release
9 community supervision (PRCS), and mandatory supervised release of offenders. The State of
10 California has provided funding to County for the purpose of implementing AB 109 services.
11 B. The County requires an additional layer of offender supervision to ensure offender
12 accountability, surveillance, and supervision through mobile, intensive, and evidence-based
13 practices leading to enhanced public safety and offender compliance. Subsequently, the AB 109
14 Implementation Plan of 2011, collectively referred to as the "AB 109 Plan," includes formation of
15 the Adult Compliance Team (ACT), to create a cooperative unit capable of addressing public
16 safety concerns and issues facing local law enforcement in Fresno County. The ACT is
17 comprised of representatives of the Fresno County Sheriff's Department, the Fresno County
18 District Attorney's Office, the Fresno County Probation Department, and officers of the Clovis,
19 Fresno, Kerman, Kingsburg, Reedley, Sanger, and Selma Police Departments.
20 C. The AB 109 Plan, including its updates, was developed by the Fresno County
21 Community Corrections Partnership (CCP), and approved by the Fresno County Board of
22 Supervisors. The AB 109 Plan was approved by the CCP on August 19, 2011 and approved by
23 the Board on September 13, 2011.
24 D. The Contractor desires to continue to be a member of the ACT, and the County desires
25 to maintain the Contractor as an ACT member, and to continue to implement AB 109 services.
26 The parties therefore agree as follows:
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1 Article 1
2 Contractor's Services
3 1.1 Scope of Services. The Contractor shall perform all of the services provided in
4 Exhibit A to this Agreement, titled "Scope of Services."
5 1.2 Representation. The Contractor represents that it is qualified, ready, willing, and
6 able to perform all of the services provided in this Agreement.
7 1.3 Compliance with Laws. The Contractor shall, at its own cost, comply with all
8 applicable federal, state, and local laws and regulations in the performance of its obligations
9 under this Agreement, including but not limited to workers compensation, labor, and
10 confidentiality laws and regulations.
11 Article 2
12 County's Responsibilities
13 2.1 The County shall compensate the Contractor for an amount equal to the cost of
14 one (1) City of Reedley Police Officer for assignment to the ACT, not to exceed the maximum
15 amount payable under this Agreement of$218,724.
16 Article 3
17 Compensation, Invoices, and Payments
18 3.1 The County agrees to pay, and the Contractor agrees to receive, compensation for
19 the performance of its services under this Agreement as described in this section.
20 3.2 Maximum Compensation. The maximum compensation payable to the Contractor
21 for the first year of the term of this Agreement is Two Hundred Eighteen Thousand, Seven
22 Hundred Twenty-Four Dollars ($218,724) to participate as an ACT member and implement AB
23 109 services. In no event shall compensation paid for all services performed for the first year of
24 the term of this Agreement exceed Two Hundred Eighteen Thousand, Seven Hundred Twenty
25 Four Dollars ($218,724). The Contractor acknowledges that the County is a local government
26 entity, and does so with notice that the County's powers are limited by the California
27 Constitution and by State law, and with notice that the Contractor may receive compensation
28 under this Agreement only for services performed according to the terms of this Agreement and
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1 while this Agreement is in effect, and subject to the maximum amount payable under this
2 section. The Contractor further acknowledges that County employees have no authority to pay
3 the Contractor except as expressly provided in this Agreement.
4 3.3 Invoices. The Contractor shall electronically submit quarterly invoices through the
5 County of Fresno Probation Department's CCP SharePoint folder using the AB 109 invoice
6 template provided by the Probation Department. A vacancy report showing the budgeted staff
7 positions and vacancies must be submitted with each invoice. Invoices must be submitted on or
8 after the following dates: October 1 and January 1, April 1, and July 1. Each invoice shall
9 include a breakdown of expenses identified in the final approved budget of the CCP for use in
10 executing the mission of ACT. The Contractor shall upload and provide supporting
11 documentation in detail to permit tracing transactions from the invoices to the accounting
12 records. Supporting documentation includes but is not limited to list of positions funded;
13 documentation of staff hours (e.g. timesheets, time tracking reports, etc.) and receipt for
14 purchases (e.g. supplies, equipment, travel, etc.). The Contractor shall submit each invoice
15 within 30 days after the quarter in which the Contractor performs services and in any case within
16 60 days after the end of the term or termination of this Agreement.
17 3.4 Payment. The County shall pay each correctly completed and timely submitted
18 invoice within 45 days after receipt. The County shall remit any payment to the Contractor's
19 address specified in the invoice.
20 3.5 Incidental Expenses. The Contractor is solely responsible for all of its costs and
21 expenses that are not specified as payable by the County under this Agreement.
22 Article 4
23 Term of Agreement
24 4.1 Term. This Agreement is effective retroactive to July 1, 2024 and terminates on June
25 30, 2027, except as provided in section 4.2, "Extension," or Article 6, "Termination and
26 Suspension," below.
27 4.2 Extension. The term of this Agreement may be extended for two (2) consecutive
28 one-year terms. Each extension will take place automatically unless the Contractor provides
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1 written notice of non-renewal or termination from the ACT according to the ACT Operating
2 Agreement (Exhibit A). As outlined in Exhibit A, the Contractor's written notice of non-renewal or
3 termination from the ACT must be delivered to the Chairperson of the CCP Executive
4 Committee and to all participating agencies. The termination will be effective 60 days after the
5 date of delivery. The extension of this Agreement by the County is not a waiver or compromise
6 of any default or breach of this Agreement by the Contractor existing at the time of the extension
7 whether or not known to the County.
8 Article 5
9 Notices
10 5.1 Contact Information. The persons and their addresses having authority to give and
11 receive notices provided for or permitted under this Agreement include the following:
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13 For the County:
Chief Probation Officer
14 County of Fresno
3333 E. American Avenue, Building 701, Suite B
15 Fresno, CA 93725
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For the Contractor:
17 Chief of Police
City of Reedley
18 843 G. Street
Reedley, CA 93654
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20 5.2 Change of Contact Information. Either party may change the information in section
21 5.1 by giving notice as provided in section 5.3.
22 5.3 Method of Delivery. Each notice between the County and the Contractor provided
23 for or permitted under this Agreement must be in writing, state that it is a notice provided under
24 this Agreement, and be delivered either by personal service, by first-class United States mail, by
25 an overnight commercial courier service, by telephonic facsimile transmission, or by Portable
26 Document Format (PDF) document attached to an email.
27 (A) A notice delivered by personal service is effective upon service to the recipient.
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1 (B) A notice delivered by first-class United States mail is effective three County
2 business days after deposit in the United States mail, postage prepaid, addressed to the
3 recipient.
4 (C)A notice delivered by an overnight commercial courier service is effective one
5 County business day after deposit with the overnight commercial courier service,
6 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
7 the recipient.
8 5.4 Claims Presentation. For all claims arising from or related to this Agreement,
9 nothing in this Agreement establishes, waives, or modifies any claims presentation
10 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
11 of Title 1 of the Government Code, beginning with section 810).
12 Article 6
13 Termination and Suspension
14 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
15 contingent on the approval of funds by the appropriating government agency. If sufficient funds
16 are not allocated, then the County, upon at least 30 days' advance written notice to the
17 Contractor, may:
18 (A) Modify the services provided by the Contractor under this Agreement; or
19 (B) Terminate this Agreement.
20 6.2 Termination for Breach.
21 (A) Upon determining that a breach (as defined in paragraph (C) below) has
22 occurred, the County may give written notice of the breach to the Contractor. The written
23 notice may suspend performance under this Agreement, and must provide at least 30
24 days for the Contractor to cure the breach.
25 (B) If the Contractor fails to cure the breach to the County's satisfaction within the
26 time stated in the written notice, the County may terminate this Agreement immediately.
27 (C) For purposes of this section, a breach occurs when, in the determination of the
28 County, the Contractor has:
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1 (1) Obtained or used funds illegally or improperly;
2 (2) Failed to comply with any part of this Agreement;
3 (3) Submitted a substantially incorrect or incomplete report to the County; or
4 (4) Improperly performed any of its obligations under this Agreement.
5 6.3 Termination without Cause. In circumstances other than those set forth above, the
6 County may terminate this Agreement by giving at least 30 days advance written notice to the
7 Contractor.
8 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
9 under this Article 6 is without penalty to or further obligation of the County.
10 6.5 County's Rights upon Termination. Upon termination for breach under this Article
11 6, the County may demand repayment by the Contractor of any monies disbursed to the
12 Contractor under this Agreement that, in the County's sole judgment, were not expended in
13 compliance with this Agreement. The Contractor shall promptly refund all such monies upon
14 demand. This section survives the termination of this Agreement.
15 Article 7
16 Independent Contractor
17 7.1 Status. In performing under this Agreement, the Contractor, including its officers,
18 agents, employees, and volunteers, is at all times acting and performing as an independent
19 contractor, in an independent capacity, and not as an officer, agent, servant, employee,joint
20 venturer, partner, or associate of the County.
21 7.2 Verifying Performance. The County has no right to control, supervise, or direct the
22 manner or method of the Contractor's performance under this Agreement, but the County may
23 verify that the Contractor is performing according to the terms of this Agreement.
24 7.3 Benefits. Because of its status as an independent contractor, the Contractor has no
25 right to employment rights or benefits available to County employees. The Contractor is solely
26 responsible for providing to its own employees all employee benefits required by law. The
27 Contractor shall save the County harmless from all matters relating to the payment of
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1 Contractor's employees, including compliance with Social Security withholding and all related
2 regulations.
3 7.4 Services to Others. The parties acknowledge that, during the term of this
4 Agreement, the Contractor may provide services to others unrelated to the County.
5 Article 8
6 Indemnity and Defense
7 8.1 Indemnity. The Contractor shall indemnify and hold harmless and defend the
8 County (including its officers, agents, employees, and volunteers) against all claims, demands,
9 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
10 liabilities of any kind to the County, the Contractor, or any third party that arise from or relate to
11 the performance or failure to perform by the Contractor (or any of its officers, agents,
12 subcontractors, or employees) under this Agreement. The County may conduct or participate in
13 its own defense without affecting the Contractor's obligation to indemnify and hold harmless or
14 defend the County.
15 The County shall indemnify and hold harmless and defend the Contractor (including its
16 officers, agents, employees, and volunteers) against all claims, demands, injuries, damages,
17 costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to
18 the County, the Contractor, or any third party that arise from or relate to the performance or
19 failure to perform by the County (or any of its officers, agents, subcontractors, or employees)
20 under this Agreement. The Contractor may conduct or participate in its own defense without
21 affecting the County's obligation to indemnify and hold harmless or defend the Contractor.
22 In the event of concurrent negligence on the part of County or any of its officers, agents, or
23 employees, and Contractor or any of its officers, agents, or employees, the liability for any and
24 all such claims, demands, and actions in law or equity for such losses, costs, expenses, and
25 damages shall be apportioned under the State of California's theory of comparative negligence,
26 as presently established, or as may be modified hereafter.
27 8.2 Survival. This Article 8 survives the termination or expiration of this Agreement.
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1 Article 9
2 Insurance
3 9.1 The Contractor shall comply with all the insurance requirements in Exhibit C to this
4 Agreement.
5 Article 10
6 Inspections, Audits, and Public Records
7 10.1 Inspection of Documents. The Contractor shall make available to the County, and
8 the County may examine at any time during business hours and as often as the County deems
9 necessary, all of the Contractor's records and data with respect to the matters covered by this
10 Agreement, excluding attorney-client privileged communications. The Contractor shall, upon
11 request by the County, permit the County to audit and inspect all of such records and data to
12 ensure the Contractor's compliance with the terms of this Agreement.
13 10.2 State Audit Requirements. If the compensation to be paid by the County under this
14 Agreement exceeds $10,000, the Contractor is subject to the examination and audit of the
15 California State Auditor, as provided in Government Code section 8546.7, for a period of three
16 years after final payment under this Agreement. This section survives the termination of this
17 Agreement.
18 10.3 Public Records. The County is not limited in any manner with respect to its public
19 disclosure of this Agreement or any record or data that the Contractor may provide to the
20 County. The County's public disclosure of this Agreement or any record or data that the
21 Contractor may provide to the County may include but is not limited to the following:
22 (A) The County may voluntarily, or upon request by any member of the public or
23 governmental agency, disclose this Agreement to the public or such governmental
24 agency.
25 (B) The County may voluntarily, or upon request by any member of the public or
26 governmental agency, disclose to the public or such governmental agency any record or
27 data that the Contractor may provide to the County, unless such disclosure is prohibited
28 by court order.
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1 (C)This Agreement, and any record or data that the Contractor may provide to the
2 County, is subject to public disclosure under the Ralph M. Brown Act (California
3 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
4 (D)This Agreement, and any record or data that the Contractor may provide to the
5 County, is subject to public disclosure as a public record under the California Public
6 Records Act (California Government Code, Title 1, Division 10, beginning with section
7 7920.000) ("CPRA").
8 (E) This Agreement, and any record or data that the Contractor may provide to the
9 County, is subject to public disclosure as information concerning the conduct of the
10 people's business of the State of California under California Constitution, Article 1,
11 section 3, subdivision (b).
12 (F) Any marking of confidentiality or restricted access upon or otherwise made with
13 respect to any record or data that the Contractor may provide to the County shall be
14 disregarded and have no effect on the County's right or duty to disclose to the public or
15 governmental agency any such record or data.
16 10.4 Public Records Act Requests. If the County receives a written or oral request
17 under the CPRA to publicly disclose any record that is in the Contractor's possession or control,
18 and which the County has a right, under any provision of this Agreement or applicable law, to
19 possess or control, then the County may demand, in writing, that the Contractor deliver to the
20 County, for purposes of public disclosure, the requested records that may be in the possession
21 or control of the Contractor. Within five business days after the County's demand, the
22 Contractor shall (a) deliver to the County all of the requested records that are in the Contractor's
23 possession or control, together with a written statement that the Contractor, after conducting a
24 diligent search, has produced all requested records that are in the Contractor's possession or
25 control, or (b) provide to the County a written statement that the Contractor, after conducting a
26 diligent search, does not possess or control any of the requested records. The Contractor shall
27 cooperate with the County with respect to any County demand for such records. If the
28 Contractor wishes to assert that any specific record or data is exempt from disclosure under the
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1 CPRA or other applicable law, it must deliver the record or data to the County and assert the
2 exemption by citation to specific legal authority within the written statement that it provides to
3 the County under this section. The Contractor's assertion of any exemption from disclosure is
4 not binding on the County, but the County will give at least 10 days' advance written notice to
5 the Contractor before disclosing any record subject to the Contractor's assertion of exemption
6 from disclosure. The Contractor shall indemnify the County for any court-ordered award of costs
7 or attorney's fees under the CPRA that results from the Contractor's delay, claim of exemption,
8 failure to produce any such records, or failure to cooperate with the County with respect to any
9 County demand for any such records.
10 Article 11
11 Disclosure of Self-Dealing Transactions
12 11.1 Applicability. This Article 11 applies if the Contractor is operating as a corporation,
13 or changes its status to operate as a corporation.
14 11.2 Duty to Disclose. If any member of the Contractor's board of directors is party to a
15 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
16 "Self-Dealing Transaction Disclosure Form" (Exhibit B to this Agreement) and submitting it to the
17 County before commencing the transaction or immediately after.
18 11.3 Definition. "Self-dealing transaction" means a transaction to which the Contractor is
19 a party and in which one or more of its directors, as an individual, has a material financial
20 interest.
21 Article 12
22 General Terms
23 12.1 Modification. Except as provided in Article 6, "Termination and Suspension," this
24 Agreement may not be modified, and no waiver is effective, except by written agreement signed
25 by both parties. The Contractor acknowledges that County employees have no authority to
26 modify this Agreement except as expressly provided in this Agreement.
27 12.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
28 under this Agreement without the prior written consent of the other party.
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1 12.3 Governing Law. The laws of the State of California govern all matters arising from
2 or related to this Agreement.
3 12.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
4 County, California. Contractor consents to California jurisdiction for actions arising from or
5 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
6 brought and maintained in Fresno County.
7 12.5 Construction. The final form of this Agreement is the result of the parties' combined
8 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
9 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
10 against either party.
11 12.6 Days. Unless otherwise specified, "days" means calendar days.
12 12.7 Headings. The headings and section titles in this Agreement are for convenience
13 only and are not part of this Agreement.
14 12.8 Severability. If anything in this Agreement is found by a court of competent
15 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
16 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
17 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
18 intent.
19 12.9 Nondiscrimination. During the performance of this Agreement, the Contractor shall
20 not unlawfully discriminate against any employee or applicant for employment, or recipient of
21 services, because of race, religious creed, color, national origin, ancestry, physical disability,
22 mental disability, medical condition, genetic information, marital status, sex, gender, gender
23 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
24 all applicable State of California and federal statutes and regulation.
25 12.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
26 of the Contractor under this Agreement on any one or more occasions is not a waiver of
27 performance of any continuing or other obligation of the Contractor and does not prohibit
28 enforcement by the County of any obligation on any other occasion.
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1 12.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
2 between the Contractor and the County with respect to the subject matter of this Agreement,
3 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
4 publications, and understandings of any nature unless those things are expressly included in
5 this Agreement. If there is any inconsistency between the terms of this Agreement without its
6 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
7 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
8 exhibits.
9 12.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
10 create any rights or obligations for any person or entity except for the parties.
11 12.13 Authorized Signature. The Contractor represents and warrants to the County that:
12 (A) The Contractor is duly authorized and empowered to sign and perform its
13 obligations under this Agreement.
14 (B) The individual signing this Agreement on behalf of the Contractor is duly
15 authorized to do so and his or her signature on this Agreement legally binds the
16 Contractor to the terms of this Agreement.
17 12.14 Electronic Signatures. The parties agree that this Agreement may be executed by
18 electronic signature as provided in this section.
19 (A) An "electronic signature" means any symbol or process intended by an individual
20 signing this Agreement to represent their signature, including but not limited to (1) a
21 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
22 electronically scanned and transmitted (for example by PDF document) version of an
23 original handwritten signature.
24 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
25 equivalent to a valid original handwritten signature of the person signing this Agreement
26 for all purposes, including but not limited to evidentiary proof in any administrative or
27 judicial proceeding, and (2) has the same force and effect as the valid original
28 handwritten signature of that person.
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1 (C)The provisions of this section satisfy the requirements of Civil Code section
2 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
3 Part 2, Title 2.5, beginning with section 1633.1).
4 (D) Each party using a digital signature represents that it has undertaken and
5 satisfied the requirements of Government Code section 16.5, subdivision (a),
6 paragraphs (1) through (5), and agrees that each other party may rely upon that
7 representation.
8 (E) This Agreement is not conditioned upon the parties conducting the transactions
9 under it by electronic means and either party may sign this Agreement with an original
10 handwritten signature.
11 12.15 Counterparts. This Agreement may be signed in counterparts, each of which is an
12 original, and all of which together constitute this Agreement.
13 [SIGNATURE PAGE FOLL0INS]
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1 The parties are signing this Agreement on the date stated in the introductory clause.
CITY DFREEDLEY COUNTY OFFREGNO
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5 Jose L . Cn/*xcxP Nathan megs of the oou/u o/
\ � Supervisors of the County cUFresno
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Raed|*��f�\83G54 Attest:
7 Bernice E. Seidel
Clerk of the Board ofSupervisors
8 County of Fraono. State ofCalifornia
y
By:
10 uoputy
11 For accounting use only:
12 DrgNo.: 34300380
Account No.: 72Q5
13 Fund No.: 0OO1
Subclass No.: 10000
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Exhibit A-Scope of Work
AB 109
The Criminal Justice Realignment Act
Adult Compliance Team
(ACT)
August 2024
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
Sanger Police Department
A-1
I. PURPOSE
This Operating Agreement (OA) replaces and supersedes the prior operating agreement,
dated November 2022. After the date this OA is executed by all parties, the prior operating
agreement shall be of no further force and effect. 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 supervision, Post Release Community
Supervision (PRCS), and Mandatory Supervision (MS) that may occur dueto the passage of
the Criminal Justice Realignment Act(AB 109)effective October 1, 2011.
II. 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, PRCS,
and MS, 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.
C. 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 probation
supervision, PRCS, MS 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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IV.GENERAL OPERATIONAL STRATEGIES
Intensive supervision based on offender assessment, combined with evidence-based
practices, forms the cornerstone of the County of Fresno 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 in regard to offenders under probation supervision,
PRCS, and MS by the Fresno County Probation Department.
To this end, the participating agencies developed these operational guidelines and
procedures concerning the formation of the ACT. 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 ACT 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 ACT.
The ACT will consist of sworn officers from the following agencies: two (2) deputy probation
officers from the Fresno County Probation Department; one (1)sergeant and two (2)deputies
from the Fresno County Sheriff's Office; two (2)senior district attorney investigators from the
Fresno County District Attorney's Office; one (1)sergeant and two(2) police officers from the
Fresno Police Department; one (1) police officer and 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; one (1) police officer from the Kingsburg Police Department; and one (1) police
officer from the Sanger 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 agency that assigns personnel to ACT may designate a member to the
ACT Advisory Sub-Committee of the CCP. All law enforcement agencies operating within
Fresno County with an interest in ACT are welcome to attend the meetings of the ACT
Advisory Sub-Committee.
Appointments to and removal from the ACT Advisory Sub-Committee and appointment
of a Sub-Committee Chairperson will be made by the CCP Executive Committee.
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C. Operations Commander
The Probation Assistant Deputy Chief is the Operations Commander and has overall
responsibility for 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 Deputy Chief. 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 agency's 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, PRCS, and MS will be entered into the Probation Records Information
Management System (PRIMS).
All 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, PRCS, and MS, allowing for appropriate law enforcement
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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 County of Fresno 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 for use in executing the mission of ACT, as
specified in the final approved budget of the CCP and the County of Fresno. Each agency
shall provide vehicles, as well as insurance and maintenance costs for those vehicles, for
their respective employees.
C. Communications
Each participating law enforcement agency will provide communications equipment for its
own personnel through the duration of this 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.
A-5
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 Department's Realignment
Division Deputy Chief 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 the 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 its
agency directives/MOU for working modified schedules.
H. Technology and Software Use
All ACT members must adhere to the Fresno County Probation Department's established
protocols for using Probation computers, software, and other electronic devices or any
other electronic device that accesses Probation data. This may involve adhering to data
security measures, password requirements, and guidelines for installing or updating
software.
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. If these situations occur, ACT will immediately
notify the involved officer's agency. It will remain the responsibility of the involved
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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.
IX. DURATION
This OA shall become effective upon execution and shall continue without change until
amended in accordance with Section X, replaced and superseded by another operating
agreement 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 or agents, including each
ACT assigned employee. Each participating agency shall indemnify and hold harmless all
other participating agencies for these 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
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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.
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 otherparty.
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.
This OA expressly replaces and supersedes the prior OA, dated November 2022, and that OA
shall have no further force and effect.
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XVII, SUPPORTING AGENCIES
The following Agencies support the mission and strategies of ACT:
"k44aynee,Chie 0robation Officer Dated
Co rtty of Fresod, /
Lisa A Smitt p,District Attorney / Dateq
Countyifl~resrm
Jo Zartott, priff Oatad
aunty of Fresn` —7
/ ` '
Chief of Police Dated
CityojiFrasno v- 1ae.4
Curt nerving,Chief of Police Dated
city ofLlov'
f,
l,,A
RudyAlcaraz,Chie Police Dated
City of Setrr�
Jose L�arza,Chief of Police Dated
City of Retedley
.� �
-_.)ii�c �--' -1 ---t - -L LA
Steve Wilkins,Chief of Police Dated
City of Kerman
Ne11 G di. Daan,Chief of Pollca Dale
City of Kingsburg
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Greg Garner,Chief of Police Dated
City of Sanger
I
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A-1 o
Exhibit B
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno ("County"), members of a
contractor's board of directors ("County Contractor"), must disclose any self-dealing transactions
that they are a party to while providing goods, performing services, or both for the County. A
self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in
which one or more of its directors has a material financial interest."
The definition above will be used for purposes of completing this disclosure form.
Instructions
(1) Enter board member's name, job title (if applicable), and date this disclosure is being
made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction;
and
b. The nature of the material financial interest in the Corporation's transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
The form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
B-1
Exhibit B
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a
party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of
Corporations Code § 5233 (a)
(5) Authorized Signature
Signature: Date:
B-2
Exhibit C
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the Contractor or any third
parties, Contractor, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
Coverage must include products, completed operations, property damage, bodily injury,
personal injury, and advertising injury. The Contractor shall obtain an endorsement to
this policy naming the County of Fresno, its officers, agents, employees, and volunteers,
individually and collectively, as additional insureds, but only insofar as the operations
under this Agreement are concerned. Such coverage for additional insureds will apply as
primary insurance and any other insurance, or self-insurance, maintained by the County
is excess only and not contributing with insurance provided under the Contractor's
policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of
the State of California with statutory limits.
(D) Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
(E) Professional Liability. Professional liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million
Dollars ($3,000,000). If this is a claims-made policy, then (1) the retroactive date must
be prior to the date on which services began under this Agreement; (2) the Contractor
shall maintain the policy and provide to the County annual evidence of insurance for not
less than five years after completion of services under this Agreement; and (3) if the
policy is canceled or not renewed, and not replaced with another claims-made policy
with a retroactive date prior to the date on which services begin under this Agreement,
then the Contractor shall purchase extended reporting coverage on its claims-made
policy for a minimum of five years after completion of services under this Agreement.
(F) Molestation Liability. Sexual abuse/ molestation liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence, with an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
If the Contractor is a governmental entity, it may satisfy the policy requirements above through a
program of self-insurance, including an insurance pooling arrangement or joint exercise of
powers agreement.
C-1
Exhibit C
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Contractor signs this Agreement,
and at any time during the term of this Agreement as requested by the County's Risk
Manager or the County Administrative Office, the Contractor shall deliver, or cause its
broker or producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th
Floor, Fresno, California 93721, or HRRiskManagement@fresnocountyca.gov, and by
mail or email to the person identified to receive notices under this Agreement,
certificates of insurance and endorsements for all of the coverages required under this
Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been
obtained and is in full force; (2) the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the
Contractor has waived its right to recover from the County, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy
required by this Agreement and that waiver does not invalidate the insurance
policy.
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the County of Fresno, its officers, agents, employees, and
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under the
Contractor's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(iv) The professional liability insurance certificate, if it is a claims-made policy, must
also state the retroactive date of the policy, which must be prior to the date on
which services began under this Agreement.
Acceptability of Insurers. All insurance policies required under this Agreement must be issued
by admitted insurers licensed to do business in the State of California and possessing at all
times during the term of this Agreement an A.M. Best, Inc. rating of no less than A: VII.
(B) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, the Contractor shall provide to the County, or ensure that the policy requires
the insurer to provide to the County, written notice of any cancellation or change in the
policy as required in this paragraph. For cancellation of the policy for nonpayment of
premium, the Contractor shall, or shall cause the insurer to, provide written notice to the
County not less than 10 days in advance of cancellation. For cancellation of the policy
for any other reason, and for any other change to the policy, the Contractor shall, or shall
cause the insurer to, provide written notice to the County not less than 30 days in
advance of cancellation or change. The County in its sole discretion may determine that
the failure of the Contractor or its insurer to timely provide a written notice required by
this paragraph is a breach of this Agreement.
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Exhibit C
(C) County's Entitlement to Greater Coverage. If the Contractor has or obtains insurance
with broader coverage, higher limits, or both, than what is required under this
Agreement, then the County requires and is entitled to the broader coverage, higher
limits, or both. To that end, the Contractor shall deliver, or cause its broker or producer
to deliver, to the County's Risk Manager certificates of insurance and endorsements for
all of the coverages that have such broader coverage, higher limits, or both, as required
under this Agreement.
(D)Waiver of Subrogation. The Contractor waives any right to recover from the County, its
officers, agents, employees, and volunteers any amounts paid under the policy of
worker's compensation insurance required by this Agreement. The Contractor is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the Contractor's waiver of subrogation under this paragraph is effective
whether or not the Contractor obtains such an endorsement.
(E) County's Remedy for Contractor's Failure to Maintain. If the Contractor fails to keep
in effect at all times any insurance coverage required under this Agreement, the County
may, in addition to any other remedies it may have, suspend or terminate this
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
and charge the cost of that coverage to the Contractor. The County may offset such
charges against any amounts owed by the County to the Contractor under this
Agreement.
(F) Subcontractors. The Contractor shall require and verify that all subcontractors used by
the Contractor to provide services under this Agreement maintain insurance meeting all
insurance requirements provided in this Agreement. This paragraph does not authorize
the Contractor to provide services under this Agreement using subcontractors.
C-3