HomeMy WebLinkAboutMOA - fully executed.pdf MEMORANDUM OF AGREEMENT
This Memorandum of Agreement ("Agreement") is made and entered into by and
among the Fresno County Probation Department, Inyo County Probation Department,
Kings County Probation Department, Mariposa County, Merced County Probation
Department, San Luis Obispo County Probation Department, Stanislaus County Probation
Department, Tulare County Probation Department, and Tuolumne County Probation
Department (individually referred to as "party" and collectively"the parties"). The Effective
Date shall be the date that the last party signs this Agreement.
Recitals
Whereas the parties to this Agreement currently provide juvenile probation
institution services and juvenile and adult probation field supervision services within their
territorial jurisdictions; and
Whereas the parties desire to provide mutual aid to one another in the event of an
emergency which means any situation that will, or is likely to, cause a serious disruption,
interruption, or breakdown in juvenile probation institution services and/or juvenile and
adult probation field supervision services provided by the party affected by such an
emergency; and
Whereas the party requesting services from the other parties is hereafter referred
to as the "Requesting Party" and the party or parties assisting in providing emergency
services are hereafter referred to as the "Assisting Party or Parties";
Therefore, the parties hereto agree as follows:
Terms and Conditions
I. Purpose.
a. The parties agree, when reasonably practicable, to provide juvenile probation
institution and/ orjuvenile and adult probation field supervision services as
designated in this Agreement if Assisting Party is able, upon request of a party
facing an emergency,
b. Assisting Parties' responses to a request for aid are dependent on any existing
emergency conditions within each Assisting Party's own jurisdiction, the status of
each party's resources, and capability of meeting probation service mandates.
c. Juvenile probation institution and juvenile and adult probation field services to
be provided in the event of an emergency may include, but are not limited to,
the following:
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1 . Housing of detained youth,
2. Use of Probation peace officers to support institution or field operations, and
3. Use of equipment including but not limited to vehicles, restraining devices,
food, and clothing.
II. Procedure for activating mutual aid response.
a. As a pre-condition for requesting mutual aid response, either:
1. The Board of Supervisors or County Administrative Officer (whichever is legally
authorized by that county) of a Requesting Party must declare a state of
emergency in that county, which will necessarily affect the juvenile probation
institution/probation field services of the Requesting Party, or
2. The County Administrative Officer of the Requesting Party must notify the
County Administrative Officer of the Assisting Party that an emergency exists in
the Requesting Party's county that will necessarily affect the juvenile
institution/probation field supervision services of the Requesting Party.
b. Following the occurrence of either of the pre-conditions described in Section Ila.,
the Requesting Party shall contact the Chief Probation Officer of any county from
which it is requesting services. If the Chief Probation Officer of a certain
Assisting Party is unavailable, the Assisting Party shall utilize its chain of
command to determine the highest-ranking authorized officer to authorize
mutual aid response pursuant to this Agreement.
c. If any Assisting Party or Parties determine that housing, staffing, or equipment
resources are not available, Assisting Party or Parties shall notify Requesting
Party or Parties as soon as that determination is made.
d. Upon determination by Assisting Parties that the services, housing, staffing, or
equipment resources requested are available, implementation of assistance
shall be coordinated between the Requesting Party and Assisting Party or
Parties.
e. Request for housing of detained youth:
1. Before a request for housing is made, and in accordance with state law, the
Requesting Party shall release appropriate youth to parents or legal
guardians to the extent such release is possible.
2. Requesting Party shall be responsible for transportation of detained youth to
the Assisting Party'sjurisdiction unless other arrangements have been
specifically agreed upon by the parties. If an emergency prevents the
Requesting Party from transporting detained youth, the other parties will
endeavor in good faith to provide transportation if reasonably practicable.
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3. Youth being transferred must be accompanied by a completed Mutual Aid
Detainee Transfer Form (Attachment A) and attached documentation related
to the request, which include the most recent court order stipulating to
continued detention, authorization for medical treatment, institution medical
treatment records/medication, and classification materials.
4. Requesting Party shall be responsible for monitoring the legal status of
transferred youth and performing related tasks including, but not limited to
arranging transportation to court and placement, unless other arrangements
are specifically agreed upon.
5. Any youth transferred pursuant to this subsection Il.e. shall be held by
Assisting Party only for the minimum amount of time necessary and shall be
transferred back to Requesting Party as soon as possible.
6. If a youth transferred pursuant to this subsection Il.e. is held by Assisting
Party longer than a period of thirty (30) days, Requesting Party shall
reimburse Assisting Parity for its reasonable costs in housing such youth
beyond the initial thirty-day period. For example, if a transferred youth is
held by Assisting Party for forty-five (45) days, Requesting Party shall
reimburse Assisting Party for its reasonable costs in housing such youth for
the extra fifteen (15) days.
f. Request for staff:
1. Requests for staff shall only be made by the Chief Probation Officer-of the
Requesting Party, and the Assisting Party shall review any such request
with consideration given to the travel time, expense, and logistics.
2. To mitigate potential liability and the need for training, Assisting Parties'
staff shall be used only in a support capacity.
g. Request for equipment:
1 . Any requested equipment, including but not limited to, vehicles,
restraining devices, food, and clothing, shall be inventoried by both the
Requesting Party and Assisting Party prior to delivery by the requesting
and assisting parties and both receipt and return documented on the
Mutual Aid Equipment Transfer form (Attachment B). If any requested
equipment provided by an Assisting Party is damaged or lost during the
use of equipment by Requesting Party during the emergency, Requesting
Party shall pay Assisting Party for the replacement of such equipment
after the conclusion of the emergency.
2. Food and other consumable items need not be returned unless they are
nonperishable, go unused, and can be returned and accounted for
without unreasonable burden and expense.
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3. Other- items shall be used with the degree of care expected of a bailment
for the benefit of the bailee and shall be returned by the Requesting
Party, (i) as soon as reasonably practicable when no longer needed by the
Requesting Party, or(ii) if the Assisting Party advises the Requesting Party
of a superseding need.
III. Reimbursement for Services Rendered.
With the exclusion of the provisions of Sections I I.e.6. and VII, no party shall be
entitled to any compensation for any services rendered to the other; provided
however, that where a state or local proclamation of emergency is issued, each
party will cooperate to ensure any reimbursements, if applicable, to the Assisting
Party through federal or state emergency management relief funds (e.g., FEMA or
the State Office of Emergency Services). Where no opportunity exists for federal or
state reimbursement, the mutual promises and covenants of this Agreement shall
be the sole consideration of any services rendered.
IV. Indemnification.
a. Notwithstanding any other law, including the provisions for joint and several
liability in Government Code Section 895.2, each party (the "indemnifying party")
agrees to hold harmless, indemnify, and defend the other parties and their
elected and appointed officers, employees, agents, and assigns (collectively, the
"indernnitees") from any and all claims, actions, losses, damages,judgments, or
liabilities of any kind or nature, including attorneys'fees and costs ("claims")
arising from or relating to the indemnifying party's own fault, including that of its
elected and appointed officers, employees, agents, and assigns, excepting any
claims arising from any indemnitees' own gross negligence or willful misconduct.
b. Except as specified in paragraph c., below, the duty of defense shall not arise
between two parties as to a cause of action brought against both parties, but the
parties may recover defense costs from one another, and shall indemnify one
another, in proportion to fault. As used in the previous sentence, a "cause of
action" means a primary right of a plaintiff with a corresponding primary duty of
the defendant.
c. Paragraph b., above, shall not apply to circumstances where the Assisting Party's
agents or employees were acting under the direction of the Requesting Party's
agents and employees, in which case the Requesting Party shall be deemed at
fault for the conduct of the Assisting Party's employees and agents for purposes
of paragraph a. of this section IV.
Each party to this Agreement, at its sole cost and expense, shall carry insurance or self-
insurance for its activities in connection with this Agreement and keep in force and
maintain insurance or equivalent programs for general liability, workers' compensation,
and automobile liability coverage adequate to cover potential liabilities, negligent or
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intentionally wrongful acts or omissions, resulting from or caused by the performance of its
duties under this Agreement. Each party agrees to provide the other party with applicable
certificates of insurance upon request.
V. Liability of Requesting Party for Youth at Assisting Party's Facility.
Requesting Party shall defend, indemnify, and hold harmless Assisting Party or
Parties, as well Assisting Party or Parties' officers, agents, employees, volunteers, or
representatives from and against any and all liability, claims, actions, proceedings,
losses, injuries, damages or expenses of every name, kind and description, including
litigation costs and reasonable attorney's fees incurred in connection therewith,
brought for or on account of personal injury(including death) or damage to
property, arising out of or connected with the transfer of a youth to Assisting Party
or Parties' facility under this Agreement, and all actions and activities of the youth
while at Assisting Party or Parties' facility or facilities, excepting any claims arising
from any indemnitees' own gross negligence or willful misconduct.
VI. Termination.
Each county shall be bound to the other county signatories hereto upon acceptance
by the county's board of supervisors. Any party may terminate their participation in
this Agreement at any time for any reason by giving written notice to the other
parties at least ninety (90) days prior to the date of termination in accordance with
the notice provisions below.
VI I. Tax exempt bond financing of the JJC (Applicable for Fresno County Only).
Notwithstanding any other provision in this Agreement, Requesting Party
acknowledges that the Fresno County Juvenile Justice Campus ("JJC") has been
acquired, constructed, or improved, and is situated on land that has been acquired
using net proceeds of governmental tax-exempt bonds. To that end, (a) Requesting
Party covenants, represents, and warrants to County of Fresno that Requesting
Party is a political subdivision of the State of California; (b) this Agreement does not
confer upon the Requesting Party any right, title, or interest In the JJC; (c) Requesting
Party may only house at the JJC youth who are charged or convicted solely in
relation to a violation of a local or state law; and (d) if Requesting Party wishes to
have any extraordinary services, including programming, beyond what the County
of Fresno normally provides to its youth housed at the JJC, provided to the youth at
the JJC, Requesting Party must utilize only the County of Fresno's vendors providing
such services, subject to such services being available, and reimburse the County of
Fresno for the cost of such services. In the event of any Internal Revenue Service
examination of any of the bonds or the use of the JJC, the Requesting Party shall
cooperate with the County of Fresno in any such examination.
VIII. Facsimile/Electronic Signatures and Counterparts. The Agreement may be
executed in counterparts, each of which shall be deemed to be an original, but all of
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which, when taken together, shall constitute one and the same Agreement. Faxed,
photocopied, or electronically signed or transmitted signatures have the same effect
as ink originals.
IX. Governing Law and Venue.
This Agreement shall be construed according to California law. There are no third-
party intended beneficiaries of this Agreement. Any dispute arising from this
Agreement shall be heard in a neutral county pursuant to Code of Civil Procedure
Section 394. Except to seek provisional relief reasonably necessary to protect a
party's, interests, in case of any dispute arising from this Agreement, prior to filing
any litigation the affected parties shall attempt in good faith to resolve their dispute
informally including, where appropriate, by agreeing to suitable methods of
alternative dispute resolution.
X. Confidentiality of Records.
Subject to applicable law, the parties shall maintain the confidentiality of all records
and information relating to juvenile participants under this Agreement. This shall be
in accordance with Welfare & Institutions Code (WIC) provisions, as well as all other
applicable state and county laws, ordinances, regulations, and directives relating to
confidentiality. Each party shall inform their managers, supervisors, employees, and
contractor providers providing services hereunder, of the confidentiality provision
of this Agreement. In no case shall records or information pertaining to juvenile
participants be disclosed to any person, except designated employees, without the
written permission of a Chief Probation Officer.
XI. Authority.
The undersigned hereby represents and warrants that he or she has authority to
execute and deliver this Agreement on behalf of Assisting Party or Parties and
Requesting Party.
XII. Employment Rights and Benefits.
The parties are acting in an independent capacity. Each of the parties agrees that it,
including any and all of its officers, agents, and/or employees, shall have absolutely
no right to employment rights and benefits available to the other party's employees.
Each party shall be solely liable and responsible for providing to, or on behalf of, its
own officers, agents, and/or employees all legally and contractually required
employee benefits. In addition, each party shall be solely responsible and hold the
other parties harmless for all matters relating to payment of each party's
employees, including, but not limited to, compliance with applicable social security
withholding and all other regulations governing such matters.
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XIII. Third Party Beneficiaries.
Nothing contained in this Agreement shall be construed to create, and the parties
do not intend to create any rights in third parties.
XIV, Amendments.
No changes, amendments or alterations shall be effective unless in writing and
signed by the parties to this Agreement. The parties acknowledge that in entering
into and executing this Agreement, each relies solely upon the provisions contained
in the Agreement and no others.
XV. Notice.
Any and all notices between the parties provided for or permitted under this
Agreement or by law shall be in writing and shall be deemed duly served when
personally delivered to each party, or in lieu of such personal service, when
deposited in the United States Mail, postage prepaid, addressed to each party at the
address provided on the signature page of this Agreement. For all claims arising out
of or related to this Agreement, nothing in this section establishes, waives, or
modifies any claims presentation requirements or procedures provided by law,
including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the
Government Code, beginning with section 810). All notices shall be sent to the Chief
Probation Officer of each county, as appearing in the signature block below.
(END OF TERMS SIGNATURE PAGES FOLLOW)
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Fresno County Probation Department Ivlercad County probation Department
- LIU tfa�nes
BY:Kirk Haynes(Feb 7, 025 10:03 PST)
KIRK -?rY,`JES cM?IS HFI'lf.
Chiei P,t,!�a.,or• C--:r;_r Ci-'ef Frooat o"i Offic3r
02/07/25
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Address fcr (` n;:;G: Addre`s for isJot*ce:
Fresno County Probation Department,
Inyo County Probation Department
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C,I•C,f Frcf-lv:: cl Offize
Cate: 1-21-2025
Acioress f;r ',I i ce:
1360 N. Main Street,Sic. 162
Bishop, CA 93514 _
Kings County Probation Department San Luis Obispo County Probation
Department
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C Diet P p:,rt o Of`iCe� ROBE!?1 RYES P Prcrazion Vf ter
Dave: •ti r- i _ Date: 0
Address for �lcrte: a,dci�ens fe., No:i:l:
Stanislaus County Probation Tuolumne County Probation
Department Department
By: By:
�' -
MARK FERRIERA DAN HAWKS
Chief Probation Officer Chief Probation Officer
Date: l Date: S 1,262
Address for Notice: Address for Notice:
r
Tulare County obat�on Department Mariposa County Probation Department
PY. BY..
KELLYVERNON Ryan Oliphant
— 'Chief Probation Officer Chief Probation Officer
Date: Date:
Address for Notice: Address for Notice:
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MOA
Final Audit Report 2025-02-07
Created: 2025-02-07
By: Michael Corral(mcorral@co.slo.ca.us)
Status: Signed
Transaction ID: CBJCHBCAABAANg42GvNTIeBJEVzzErD4olfLg2aXgrBV
WON' History
Document created by Michael Corral (mcorral@co.slo.ca.us)
2025-02-07-5:26:18 PM GMT
Document emailed to Kirk Haynes (khaynes@fresnocountyca.gov)for signature
2025-02-07-5:26:24 PM GMT
Email viewed by Kirk Haynes (khaynes@fresnocountyca.gov)
2025-02-07-5:26:48 PM GMT
Document e-signed by Kirk Haynes (khaynes@fresnocountyca.gov)
Signature Date:2025-02-07-6:03:01 PM GMT-Time Source:server
Agreement completed.
2025-02-07-6:03:01 PM GMT
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