HomeMy WebLinkAboutAgreementA-19-737withCityofReedley.PDF1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 10th day of Dec. 2019 , by
and between the COUNTY OF FRESNO , a political subdivision of the State of California , ("COUNTY"), and
the CITY OF REEDLEY, a municipal corporation , ("CONTRACTOR").
W I T N E S S E T H :
WHEREAS, the State of California, under Assembly Bill 109 , the Public Safety Realignment Act (AB
109), has realigned responsibilities for probation, post release community supervision (PRCS), and
mandatory supervised release of offenders; and
WHEREAS, the Public Safety Realignment Act AB 109 Implementation Plan of 2011, including its
updates, collectively referred to as the "AB 109 PLAN," was developed by the Fresno County Community
Corrections Partnership (CCP), and approved by the Fresno County Board of Supervisors ; and
WHEREAS, the AB 109 PLAN includes formation of the Adult Compl iance Team (ACT) to create a
cooperative unit capable of addressing public safety concerns and issues facing local law enforcement in
Fresno County; and
WHEREAS, the ACT is comprised of representatives of the Fresno County Sheriffs Department,
the Fresno County District Attorney's Office , the Fresno County Probation Department, and officers of the
Fresno, Clovis , Selma , Kerman , Kingsburg , and Reedley Police Departments; and
WHEREAS , the State of Californ ia has provided fund ing to COUNTY for the purpose of
implementing AB 109 services; and
WHEREAS , CONTRACTOR desires to continue to be a member of ACT; and
WHEREAS, COUNTY and CONTRACTOR desire to enter into this Agreement to ma intain
CONTRACTOR as an ACT member, and to continue to implement AB 109 services.
NOW, THEREFORE, in consideration of the mutual covenants , terms and conditions herein
contained, the parties hereto agree as follows :
1. OBLIGATIONS OF THE CONTRACTOR
CONTRACTOR shall assign one (1) police officer to fulfill the responsibilities of an ACT
member, in accordance with the ACT Operating Agreement, attached as Exhibit "A," and incorporated by
-1 -
Agreement No. 19-737
1
2
3
4
5
6
7
8
9
10
1 1
12
13
14
15
16
17
18
19
20
21
this reference. In the event that the AB 109 PLAN is revised by the CCP and approved by the Fresno
County Board of Supervisors, the responsibil it ies of the Police Officer under this Agreement may be
modified accordingly.
2. OBLIGATIONS OF THE COUNTY
COUNTY shall compensate CONTRACTOR for an amount equal to the cost of one (1) City
of Reedley Police Officer ("Police Officer") for assignment to the ACT, not to exceed the maximum amount
payable under this Agreement of $188,029 .
3. TERM
This Agreement shall become effective retroactive to July 1, 2019, and shall terminate on
June 30 , 2020.
4 . TERMINATION
A. Non-Allocation of Funds -The terms of this Agreement, and the services_to be
provided hereunder, are cont in gent on the approval of f unds by the appropriating government ag en cy.
Should sufficient funds not be allocated , the services provided may be mod ified , or this Agreement
terminated , at any time without penalty by giving the CONTRACTOR th irty (30) days advance written
notice .
B . Breach of Contract -The COUNTY may i mmediately suspend or terminate this
Agreement in whole or in part, where in the determ in ation of the COUNTY there is :
1) An illegal or improper use of fu nds ;
2) A fa ilure to comply with any term of this Agreement;
3) A substantially incorrect or incomplete report submitted to the COUNTY;
22 4) Improperly performed service .
23 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
24 of this Agreement or any default which may then exi st on the part of the CONTRACTOR. Neither sha ll such
25 payment impa ir or prejudice any remedy available to the COUNTY with respect to the breach or default.
26 The COUNTY shall have the righ t to demand of the CONTRACTOR the repayment to the COUNTY of any
27 funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of the COUNTY were
28 not expended in accordance with the terms of this Agreement. The CONTRACTOR shall promptly refund
-2-
1 any such funds upon demand.
2 C. Without Cause -Under circumstances other than those set forth above , this
3 Agreement may be terminated by COUNTY by giving thirty (30) days ' advance written notice of an intention
4 to terminate to CONTRACTOR.
5 5. COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR, and
6 CONTRACTOR agrees to receive compensation, as follows :
7 CONTRACTOR shall submit quarterly invoices for actual expenditures to the County of Fresno
8 Probation Department at: Probationlnvoices@FresnoCountyCA.govmailto:. Invoices must be submitted on
9 or after the dates of October 1, 2019 , and January 1, April 1, and July 1, 2020 , respectively , and include a
10 breakdown of expenses identified in the final approved budget of the CCP for use in executing the mission
11 of ACT. COUNTY shall make payment within 45 days of receipt of an approved invoice.
12 Upon any termination of this Agreement, CONTRACTOR shall be compensated for costs
13 incurred under this Agreement , up to and including the date of termination .
14 In no event shall total compensation pa id to CONTRACTOR for services performed under this
15 Agreement exceed $188 ,029 .
16 6. INDEPENDENT CONTRACTOR: In performance of the work , duties and obligations
17 assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that
18 CONTRACTOR , including any and all of the CONTRACTOR'S officers, agents, and employees will at all
19 t imes be acting and performing as an independent contractor, and shall act in an independent capacity and
20 not as an officer, agent , servant , employee , joint venturer, partner, or associate of the COUNTY.
21 Furthermore , COUNTY shall have no right to control or supervise or direct the manner o r method by wh ich
22 CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to administer
23 th is Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the
24 terms and conditions thereof.
25 CONTRACTOR and COUNTY shall comply w ith all applicable prov isions of law and the rules and
26 regulat ions , if any, of governmental authorities having jurisd iction over matters the subject thereof.
27 Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right
28 to employment rights and benefits available to COUNTY employees . CONTRACTOR shall be solely liable
-3-
1 and responsible for providing to , or on behalf of, its employees all legally-required employee benefits . In
2 addition , CONTRACTOR shall be solely responsib le and save COUNTY harmless from all matters relating
3 to payment of CONTRACTOR'S employees, including compliance with Social Security withholding and all
4 other regulations governing such matters. It is acknowledged that during the term of this Agreement ,
5 CONTRACTOR may be providing services to others unrelated to the COUNTY or to th is Agreement.
6 7. MODIFICATION : Any matters of this Agreement may be modified from time to time by the
7 wr itten consent of all the parties without, in any way , affect ing the rema inder.
8 8. NON-ASSIGNMENT: Ne ither party sha ll assign, transfer or sub -contract this Agreement nor
9 the ir r ights or duties under th is Agreement without the prior written consent of the other party .
10 9. HOLD HARMLESS : CONTRACTOR agrees to indemnify, save , hold harmless, and at
11 COUNTY'S request, defend the COUNTY, its officers , agents , and emp loyees from any and all costs and
12 expenses (including attorney 's fees and costs), damages , liabi li ties , cla im s, and losses occurring or
13 res ult in g to COUNTY in connection wi th the performance , or fail ure to perform , by CONTRACTOR , its
14 officers , agents , or employees under this Agreement , and from any and all costs and expenses (inc lu ding
15 attorney's fees and costs), damages , liabilities , cla ims , and losses occurring or resulting to any person , firm,
16 or corporation who may be injured or damaged by the performance , or failure to perform , of
17 CONTRACTOR, its officers , agents , or employees under th is Agreement.
18 COUNTY agrees to indemnify , save , hold harmless , and at CONTRACTOR'S request, defend the
19 CONTRACTOR , its officers , agents , and employees from any and all costs and expenses (including
20 attorney's fees and costs), damages , liabilities , cla ims , and losses occurring or resu lting to CONTRACTOR
21 in connection with the performance , or failure to perform , by COUNTY, its officers , agents , or employees
22 under th is Agreement, and from any and all costs and expenses (including attorn ey's fees and costs ),
23 damages , liabi lities , claims , and losses occurring or resu lting to any person , firm , or corporat ion who may
24 be inj ur ed or damaged by the performance, or fai lure to perform, of COUNTY, its officers , agents , or
25 employees under this Agreement.
26 In the event of concu rrent negl igence on the part of COUNTY or any of its officers , agents or
27 employees, and CONTRACTOR or any of its officers , agents , or employees , the liability for any and all
28 such claims , demands and actions in la w or equity for suc h losses , costs , expens es and damag es sh all be
-4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
apportioned under the State of California's theory of comparative negligence , as presently established, or
as may be modified hereafter.
This Section 9 shall survive termination or expiration of this Agreement.
10 . INSURANCE
Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third
parties , CONTRACTOR, at its sole expense , shall maintain in full force and effect, the following insurance
policies or a program of self-insurance, including but not limited to , an insurance pooling arrangement or
Joint Powers Agreement (JPA) throughout the term of the Agreement:
A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than Two M illion Dollars
($2 ,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000 .00). This
policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
completed operations, products liab ili ty , contractual liability, Explosion-Collapse-Underground , fire legal
liability or any other liability insurance deemed necessary because of the nature of this contract.
8. Automobile Liability
Comprehensive Automobile Liab ili ty Insurance with limits of not less than One Million Dollars
($1,000 ,000.00) per accident for bodily injury and for property damages . Coverage should include any auto
used in connection with this Agreement.
C. Professional Liabi lit y
If CONTRACTOR employs licensed professional staff, (e.g ., Ph.D ., R.N., L.C.S.W., M .F.C.C .) in
providing services , Professional Liability Insurance with limits of not less than One Mill ion Dollars
($1,000 ,000.00) per occurrence, Three Million Dollars ($3,000 ,000 .00) annual aggregate.
D. Worker's Compensation
A policy of Worker's Compensation insurance as may be requ ired by the California Labor
25 ~ode .
26 Addit ional Requirements Relating to Insurance
27 CONTRACTOR shall obta in endorsements to the Commercial General Liability insurance naming
28 the County of Fresno, its officers, agents , and employees , individually and collectively, as additional
-5-
1 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
2 additional insured shall apply as primary insurance and any other insurance, or self-insurance , maintained
3 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
4 provided under CONTRACTOR's policies herein . Th is insurance shall not be cancelled or changed without
5 a m inimum of thirty (30) days advance written notice given to COUNTY.
6 CONTRACTOR hereby waives its right to recover from COUNTY, its officers , agents , and
7 employees any amounts pa id by the policy of worker's compensation insurance required by this
8 Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be
9 necessary to accomplish such waiver of subrogation, but CONTRACTOR's waiver of subrogation under
10 this paragraph is effective whether or not CONTRACTOR obta ins such an endorsement.
11 Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement ,
12 CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the
13 foregoing policies, as required herein , to the County of Fresno , Probation Business Office, 3333 E.
14 American Avenue, Suite B, Fresno , CA 93725, sta t ing that such insurance coverage have been obta ined
15 and are in full force ; that the County of Fresno, its officers , agents and employees will not be responsible for
16 any prem iums on the policies ; that for such worker's compensat ion insurance the CONTRACTOR has
17 waived its right to recover from the COUNTY, its officers, agents , and employees any amounts paid under
18 the insurance pol icy and that waiver does not invalidate the insurance pol icy ; that such Commercial
19 General Liab ility insurance names the County of Fresno, its officers, agents and employees , individually
20 and collectively , as additional insured , but only insofar as the operations under th is Agreement a re
21 concerned ; that such coverage for additional insured shall apply as primary insurance and any other
22 insurance , or self-insurance, mainta ined by COUNTY , its officers , agents and employees , shall be excess
23 only and not contributing w ith insurance provided under CONTRACTOR's policies herein ; and that this
24 insu rance shall not be cancelled or changed without a min imum of thirty (30) days advance , written no ti ce
25 g iven to COUNTY.
26 In the event CONTRACTOR fails to keep in effect at all times insu rance cove rage as here in
27 provided , the COUNTY may, in add it ion to oth e r remed ies it may have , suspen d or term inate th is
28 Agre e ment upon the occurrence of su ch event.
-6-
1 All policies shall be issued by admitted insurers licensed to do business in the State of California ,
2 and such insurance shall be purchased from companies possessing a current AM. Best, Inc. rating of A
3 FSC Vil or better.
4 11. AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time during business hours,
5 and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all of
6 its records and data with respect to the matters covered by this Agreement. The CONTRACTOR shall ,
7 upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data
8 necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement.
9 If this Agreement exceeds ten thousand dollars ($10 ,000 .00), CONTRACTOR shall be subject to
1 O the examination and audit of the California State Auditor for a period of three (3) years after final payment
11 under contract (Government Code Section 8546.7).
12 12 . NOTICES: The persons and the ir addresses having authority to give and receive notices
13 under this Agreement include the following :
14
15
16
COUNTY
COUNTY OF FRESNO
Chief Probation Officer
3333 E . American Avenue , Suite B
Fresno , CA 93725
CONTRACTOR
CITY OF REEDLEY
Chief of Police
1843 G Street
Reedley, CA 93654
17 All notices between the COUNTY and CONTRACTOR provided for or permitted under this
18 Agreement must be in writ ing and delivered either by personal service , by first-class United States mail, by
19 an overnight commercial courier service , or by telephonic facsimile transmission . A notice delivered by
20 personal service is effective upon service to the recip ient. A notice delivered by first-class United States
21 mail is effective three COUNTY business days after deposit in the United States ma il, postage prepaid,
22 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
23 COUNTY business day after deposit with the overnight commercial courier service , delivery fees prepaid ,
24 with del ivery instructions given for next day delivery , addressed to the recipient. A not ice delivered by
25 te lephon ic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
26 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
27 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
28 completed transmission. For all claims arising out of or related to this Agreement , nothing in this section
-7-
1 establishes , waives, or modifies any claims presentation requirements or procedures provided by law ,
2 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
3 beginning with section 810).
4 13 . GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall
5 only be in Fresno County, California. The rights and obligations of the parties and all interpretation and
6 performance of this Agreement shall be governed in all respects by the laws of the State of California.
7 14. SEVERABILITY
8 In the event any provisions of this Agreement are held by a court of competent jurisd iction to be
9 invalid , void, or unenforceable, the remaining provisions of this Agreement will nevertheless continue in
10 force and effect without being impaired or invalidated in any way .
11 15. WAIVER
12 The waiver by either party of a breach by the other of any provision of this Agreement shall not
13 constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different
14 provision of this Agreement. No waiver of a party 's breach of any provision of this Agreement shall be
15 effective unless the waiver is in writing and signed by the party against whom the waiver is sought to be
16 enforced. Waiver of any one provision shall not be deemed to be a waiver of any other provision herein.
17 16. INTERPRETATION
18 The parties acknowledge that this Agreement in its final form is the result of the combined efforts
19 of the parties and that , should any provision of this Agreement be found to be ambiguous in any way ,
20 such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but
21 rather by construing the terms in accordance with the ir generally accepted meaning .
22 17 . NO THIRD PARTY BENEFICIARIES
23 Nothing set forth in this Agreement shall create any legal rights in any person not a party to this
24 Agreement.
25 18. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between
26 CONTRACTOR and COUNTY with respect to the subject matter hereof, and supersedes all previous
27 Agreement negotiations , proposals , commitments , writings , advertisements, publications, and
28 understanding of any nature whatsoever, unless expressly included in this Agreement.
-8-
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written .
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CITY OF REE
~
Nicole R . Zieba, City Manager
Print Name & Title
1717 9th Street
Reedle CA 93654
Mai li ng Address
FOR ACCOUNTI NG USE ONLY:
ORG No .: 34309999
Account No.: 7295
Fund :0001
Subclass: 10000
COUNTY OF FRESNO
<? =:::s -E::
Nathan Magsig , Chairman of the Board of
Supervisors of the County of Fresno
ATTEST:
Bern ice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: ~~~~· ~L~.J~---
Dep~
-9-
Exhibit A
AB 109
The Criminal Justice Realignment Act
Adult Compliance Team (ACT)
September 2018
OPERATING AGREEMENT
Fresno County Probation Department
Fresno County Sheriffs Department
Fresno County District Attorney's Office
Fresno Police Department
Clovis Police Department
Selma Pol ice Department
Reedley Police Department
Kerman Police Department
Kingsburg Police Department
Exh ibit 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 due to 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.
Ill. 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 cond it ions 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 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.
2
Exh ibit A
IV.GENERAL OPERATIONAL STRATEGIES
Intensive supervision based on offender assessment, enjoined with evidence based
pract ices, 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 followi ng agencies: two (2) deputy probation
officers from the Fresno County Probation Department; one (1) sergeant from the Fresno
County Sheriffs 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; three (3) police officers from the Fresno
Police Department; two (2) police officers from the Clovis Pol ice Department; one (1) pol ice
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 d irect ion of the Community Corrections Partnership (CCP),
ACT will utilize an Advisory Sub-Committee of CCP.
B. ACT Advisory Sub-Committee of the CCP
3
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 the county with an interest in ACT are welcome to attend the meetings of the AC T
Exh ibit A
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.
C. Operations Commander
The Probation Services Manager 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 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 remains 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 establ ished 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
4
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
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
5
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 .
Ex hibit 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.
VIII. 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 .
6
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 -GO 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, includ ing
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 negl igence 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 w ill 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 wil l not constitute a continuing waiver or a waiver of
any subsequent breach , of either the same or another provision of th is 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
Cal ifornia , 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 en ti re agreement of the participati ng 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
XVII. SUPPORTING AGENCIES
support the m ission and strategies of CT:
Lisa A. m,ttcamp, Distri
County of Fresno
Cit of Fresno
~rz_ > %t" ...,_.,,,,
Matthew Basgall, Ch; of Police
~ohm, Chief of Police
City of Kerman
Ne®o~
City of Kingsburg
9
Dat ed
fi?¢t
Oat d 1
9\zt~s
Dated
%kJA
Dated
Dated
Dated
7/2a/;c?
Dated
I I
Dated
Exhibit A