HomeMy WebLinkAboutAgreement A-20-348 with the City of Kingsburg.pdf1 AGREEMENT
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3 THIS AGREEMENT ("Agreement") is made and entered into this_ day of September, 2020, by
4 and between the COUNTY OF FRESNO, a political subdivision of the State of California ("COUNTY"), and
5 the CITY OF KINGSBURG, a municipal corporation, whose address is 1300 California Street, Kingsburg,
6 CA 93631, ("CONTRACTOR").
7 W I T N E S S E TH:
8 WHEREAS, under Assembly Bill 109, the Public Safety Realignment Act (AB 109), the State of
9 California has realigned responsibilities for probation, post release community supervision (PRCS), and
1 O mandatory supervised release of offenders; and
11 WHEREAS, the AB 109 Implementation Plan of 2011, including its updates, collectively referred to
12 · as the "A8 109 PLAN," was developed by the Fresno County Community Corrections Partnership (CCP),
13 and approved by the Fresno County Board of Supervisors; and
14 WHEREAS, the AB 109 PLAN includes formation of the Adult Compliance Team (ACT), to create a
15 cooperative unit capable of addressing public safety concerns and issues facing local law enforcement in
16 Fresno County; and
17 WHEREAS, the ACT is comprised of representatives of the Fresno County Sheriff's Department,
18 the Fresno County District Attorney's Office, the Fresno County Probation Department, and officers of the
19 Fresno, Clovis, Selma, Kerman, Kingsburg, and Reedley Police Departments; and
20 WHEREAS, the State of California has provided funding to COUNlY for the purpose of
21 implementing AB 109 services; and
22 WI-IEREAS, CONTRACTOR desires to continue to be a member of ACT; and
23 WHEREAS, COUNTY and CONTRACTOR desire to enter into this Agreement to maintain
24 CONTRACTOR as an ACT member, and to continue to implement AB 109 services.
25 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
26 contained, the parties hereto agree as follows:
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Agreement No. 20-348
22nd
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1. OBLIGATIONS OF THE CONTRACTOR
A. CONTRACTOR shall assign one (1) City of Kingsburg Police Officer ("Police
3 Officer") to fulfill the responsibilities of an ACT member, in accordance with the ACT Operating
4 Agreement, attached as Exhibit "A," and incorporated by th is reference. In the event that the AB 109
5 PLAN is revised by the CCP and approved by the Fresno County Board of Supervisors, the
6 responsibilities of the Police Officer under this Agreement may be modified accordingly.
7 2. OBLIGATIONS OF THE COUNTY
8 A. COUNTY shall compensate CONTRACTOR for an amount equal to the cost of
9 one Police Officer for assignment to the ACT, not to exceed the maximum amount payable under this
10 Agreement of $156,394.
11 3. TERM
12 This Agreement shall be effective retroactive to July 1, 2020, and shall terminate on June 30,
13 2021.
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4. TERMINATION
A Non-Allocation of Funds-The tenns of this Agreement, and the services to be
16 provided hereunder, are contingent on the approval of funds by the appropriating government agency.
17 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
18 terminated, at any time by giving the CONTRACTOR thirty (30) days advance written notice.
19 B. Breach of Contract• The COUNTY may immediately suspend or terminate this
20 Agreement in whole or in part, where in the determination of the COUNTY there is:
21 1) An illegal or improper use of funds;
22 2) A failure to comply with any term of this Agreement;
23 3) A substantially incorrect or incomplete report submitted to the COUNTY;
24 4) Improperly performed service.
25 ln no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
26 of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither shall such
27 payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default.
28 The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any
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1 funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of the COUNTY were
2 not expended in accordance with the terms of this Agreement. The CONTRACTOR shalt promptly refund
3 any such funds upon demand.
4 C. Without Cause -Under circumstances other than those set forth above, this
5 Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written notice of an
6 intention to terminate to CONTRACTOR.
7 5. COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and
8 CONTRACTOR agrees to receive compensation as follows:
9 COUNTY shall compensate CONTRACTOR for an amount equal to the cost of one Police Officer
10 for assignment to the ACT. In no event shall total compensation paid to CONTRACTOR for services
11 performed under this Agreement exceed $156,394.
12 CONTRACTOR shall submit quarterly invoices for actual expenditures to the County of Fresno
13 Probation Department at Probationl nvoices@FresnoCountyCA.gov Invoices must be submitted on or after
14 the dates of October 1, 2020, and January 1, April 1, and July 1, 2021, respectively, and include a
15 breakdown of expenses identified in the final approved budget of the CCP for use in executing the mission
16 of ACT. COUNTY shall make payment within 45 days of receipt of an approved invoice.
17 Upon any termination of this Agreement, CONTRACTOR shall be compensated for costs incurred
18 under this Agreement, up to and including the date of termination.
19 6. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations
20 assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that
21 CONTRACTOR, including any and all of the CONTRACTOR'S officers, agents, and employees will at a11
22 times be acting and performing as an independent contractor, and shall act in an independent capacity and
23 not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY.
24 Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which
25 CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to administer
26 this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the
27 terms and conditions thereof.
28 CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and
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1 regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
2 Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right
3 to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable
4 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
5 addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating
6 to payment of CONTRACTOR'S employees, including compliance with Social Security withholding and all
7 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
8 CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement.
9 7. MODI FICA Tl ON: Any matters of this Agreement may be modified from time to time by the
10 written consent of all the parties without, in any way, affecting the remainder.
11 8. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor
12 their rights or duties under this Agreement without the prior written consent of the other party.
13 9. HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold harmless, and at
14 COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs and
15 expenses (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or
16 resulting to COLI NTY in connection with the performance, or failure to perform, by CONTRACTOR, its
17 officers, agents, or employees under this Agreement, and from any and all costs and expenses (including
18 attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm,
19 or corporation who may be injured or damaged by the performance, or failure to perform, of
20 CONTRACTOR, its officers, agents, or employees under this Agreement.
21 COUNTY agrees to indemnify, save, hold harmless, and at CONTRACTOR'S request, defend the
22 CONTRACTOR, its officers, agents, and employees from any and alt costs and expenses (including
23 attorney's fee and costs), damages, liabilities, claims, and losses occurring or resulting to CONTRACTOR
24 in connection with the performance, or failure to perform, by COUNTY, its officers, agents, or employees
25 under this Agreement, and from any and all costs and expenses (including attorney's fees and costs),
26 damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may
27 be injured or damaged by the performance, or failure to perform, of COUNTY, its officers, agents or
28 employees under this Agreement.
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1 In the event of concurrent negligence on the part of COUNTY or any of its officers, agents, or
2 employees, and CONTRACTOR or any of its officers, agents, or employees, the liability for any and all
3 such claims, demands, and actions in law or equity for such losses, costs, expenses, and damages shall be
4 apportioned under the state of California's theory of comparative negligence, as presently established, or
5 as may be modified hereafter.
6 This Section 9 shall survive termination or expiration of this Agreement.
7 10. INSURANCE
8 Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third
9 parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance
10 policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or
11 Joint Powers Agreement ( JPA) throughout the term of the Agreement:
12 A. Commercial General Liability_
13 Commercial General Liability Insurance with limits of not less than Two Million Dollars
14 ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
15 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
16 completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
17 liability or any other liability insurance deemed necessary because of the nature of this contract.
18 B. Automobile Liability
19 Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
20 ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
21 used in connection with this Agreement.
22 C. Professional Liability
23 If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in
24 providing services, Professional Liability Insurance with limits of not less than One Million Dollars
25 ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
26 D. Worker's Compensation
27 A policy of Worker's Compensation insurance as may be required by the California Labor
28 Code.
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1 Additional Requirements Relating to Insurance
2 CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming
3 the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
4 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
5 additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
6 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
7 provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without
8 a minimum ofthhty (30) days advance written notice given to COUNTY.
9 CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and
10 employees any amounts paid by the policy of worker's compensation insurance required by this
11 Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be
12 necessary to accomplish such waiver of subrogation, but CONTRACTOR's waiver of subrogation under
13 this paragraph is effective whether or not CONTRACTOR obtains such an endorsement.
14 Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement,
15 CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the
16 foregoing policies, as required herein, to the County of Fresno, Probation Office, 3333 E. American Avenue,
17 Suite B, Fresno, CA 93725, stating that such insurance coverage have been obtained and are in full force;
18 that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on
19 the policies; that for such worker's compensation the CONTRACTOR has waived its right to recover from
20 the COUNTY, its officers, agents, and employees any amounts paid under the insurance policy and that
21 waiver does not invalidate the insurance policy; that such Commercial General Liability insurance names
22 the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured,
23 but only insofar as the operations under this Agreement are concerned; that such coverage for additional
24 insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by
25 COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance
26 provided under CONTRACTOR's policies herein; and that this insurance shall not be cancelled or changed
27 without a minimum of thirty (30) days advance, written notice given to COUNTY.
28 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein
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1 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
2 Agreement upon the occurrence of such event.
3 All policies shall be issued by admitted insurers licensed to do business in the State of California,
4 and such insurance shall be purchased from companies possessing a current AM. Best, Inc. rating of A
5 FSC VII or better.
6 11. AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time during business hours,
7 and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all of
8 its records and data with respect to the matters covered by this Agreement. The CONTRACTOR shall,
9 upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data
10 necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement.
11 If this Agreement exceeds ten thousand dollars ($10,000.00}, CONTRACTOR shall be subject to
12 the examination and audit of the California state Auditor for a period of three (3) years after final payment
13 under contract (Government Code Section 8546. 7).
14 12. NOTICES: The persons and their addresses having authority to give and receive notices
15 under this Agreement include the following:
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COUNTY
COUNTY OF FRESNO
Chief Probation Officer
3333 E. American Avenue, Suite B
Fresno, CA 93725
CONTRACTOR
CITY OF KINGSBURG
Chief of Police
1300 California Street
Kingsburg, CA 93631
19 All notices between the COUNTY and CONTRACTOR provided for or permitted under this
20 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
21 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
22 personal service is effective upon service to the recipient. A notice delivered by first-class United States
23 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
24 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
25 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
26 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
27 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
28 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
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1 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
2 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
3 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
4 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
5 beginning with section 810).
6 13. GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall only
7 be in Fresno County, California. The rights and obligations of the parties and all interpretation and
8 performance of this Agreement shall be governed in all respects by the laws of the State of California,
9 14. SEVERABIUTY
10 In the event any provisions of this Agreement are held by a court of competent jurisdiction to be
11 invalid, void, or unenforceable, the remaining provisions of this Agreement will nevertheless continue in
12 force and effect without being impaired or invalidated in any way.
13 15. WAIVER
14 The waiver by either party of a breach by the other of any provision of this Agreement shall not
15 constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different
16 provision of this Agreement. No waiver of a party's breach of any provision of this Agreement shall be
17 effective unless the waiver is in writing and signed by the party against whom the waiver is sought to be
18 enforced. Waiver of any one provision shall not be deemed to be a waiver of any other provision herein.
19 16. INTERPRETATION
20 The parties acknowledge that this Agreement in its final form is the result of the combined efforts of
21 the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such
22 ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather
23 by construing the terms in accordance with their generally accepted meaning.
24 17. NO THI RD-PARTY BENEFICIARIES
25 Nothing set forth in this Agreement shall create any legal rights in any person not party to this
26 Agreement.
27 18. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
28 CONTRACTOR and COUNTY with respect to the subject matter hereof, and supersedes all previous
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1 Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
2 understanding of any nature whatsoever unless expressly included in this Agreement.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
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FOR ACCOUNTING USE ONLY:
Fund : 0001
Subclass: 10000
ORG : 34309999
20 Account: 7295
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COUNTY OF FRESNO
~mest-fud~ M;nzfcZ/;;;:.~ ~
Board of Supervisors of the County of
Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
By : -~d~ .. t),~O~d...' -~::::::::::I -~.__J~~D-~---
DeputO
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1
AB 109
The Criminal Justice Realignment Act
Adult Compliance Team (ACT)
December 2019
OPERATING AGREEMENT
Fresno County Probation Department
Fresno County Sheriffs Department
Fresno County District Attorney's Office
Fresno Police Department
Clovis Pol ice Department
Selma Pol i ce Department
Reedley Police Department
Kerman Police Department
Kingsburg Police Department
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 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 post release
community supervision (PRCS) and realignment populations for all law enforcement
agencies in the County of Fresno and act as the point of contact for dissemination of
offender information to law enforcement.
F. To respond rapidly to emergency situations with knowledge and information about the
offenders.
G. To provide other public safety responses including searches as authorized by the terms
of release and warrant services, as needed .
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IV.GENERAL OPERATIONAL STRATEGIES
Intensive supervision based on offender assessment, enjoined with evidence based
practices , forms the cornerstone of the Fresno County AB 109 supervision model. This
intensive approach is seen in the formation of ACT; an interagency public safety alliance with
local law enforcement agencies and county justice partners that provides an additional level
of offender accountability and public safety . The "strike team" concept is used to describe
peace officers under ACT, dedicated to particular enforcement and publ ic 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 follow ing 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 Police Department; one (1 ) police
officer from the Selma Police Department; one (1) police officer from the Reedley Police
Department; one (1) police officer from the Kerman Police Department; and one (1) police
officer from the Kingsburg Police Department. Dependent upon future funding , the size of
ACT may fluctuate according to the number of officers and agencies .
A. Policy and Direction
Under the policy and planning direction of the Community Corrections Partnership (CCP),
ACT will utilize an Advisory Sub-Committee of CCP.
B. ACT Advisory Sub-Committee of the CCP
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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 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.
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 w ill 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 surveillan c e , supervision , and field contacts will be established i n conjunction
with Fresno County Probation Department polic ies 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 pe rsonnel will conform to their own agencies' policies and procedures as well as
policies and procedures that may be required by participation i n ACT.
B. Records and Reports
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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
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
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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.
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 ind ividual
team members wh ich 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 i n 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 c ritical incident will have the opportunity to observe
other agency interviews with their own employees.
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IX. DURATION
This OA shall become effective upon e x ec utio n 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 th e
following manner: delivery of written notice to the Chairperson of the CCP Ex ecutive
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 th is OA
by submitting it at any regular meeting of the ACT Advisory Sub-Committee. The proposed
amendment would be submitted to the Executive Committee of the Community Corrections
Partnership for their consideration and approval.
XI. LIABILITY
Each participating agency will be solely responsible for any and all damages, including
attorney's fees , results from acts or omissions of its own employees including ACT assigned
employee. Each participating agency shall indemnify and hold harmless each other
participating agency for said acts or omissions. The provisions contained herein include any
violation of applicable law, ordinance, regulation or rule , including where the claim , loss,
damage , charge or expense was caused by deliberate , willful or criminal acts of any agency,
or any of its agents, officers or employees in its or their performance thereunder.
It is the intent of the parties hereto that, where negligence is determined to have been
contributory, principles of comparative negligence will be followed and each party shall bear
the proportionate cost of any loss, damage, expense, and liability attributable to that party's
negligence.
The participating agencies will establish procedures to notify the other agencies where
appropriate of any claims , administrative actions or legal actions with respect to any of the
matter described in this indemnification provision. The agencies shall cooperate in the
defense of such actions brought by others with respect to the matters covered in this
agreement. Nothing set forth in this OA shall establish a standard of care for, or create any
legal rights in , any person not a party to this OA.
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XII. NON-WAIVER
Waiver of any breach or default hereunder will not constitute a continuing waiver or a waiver of
any subsequent breach , of either the same or another provision of this OA.
XIII . SEVERABILITY
If any term , covenant, or condition of this OA is held by a court of competent jurisdiction to
be invalid , the remainder of this OA will remain in full force and effect.
XIV. AMBIGUITY
The participating agencies have each carefully reviewed this OA and have agreed to each term
of this OA. No ambiguity shall be presumed to be construed against any other party .
XV. GOVERNING LAW
The interpretation and enforcement of this OA will be governed by the laws of the State of
Californ ia, 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 .
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XVII. SUPPORTING AGENCIES
cies support the mission and strat gies of ACT:
Lisa S · camp, Distric Attorney
County of Fresno
Curt Fleming , Chief of Police
City of Clovis
City of Kerman
~ / /_ (L_
Neil Dadian , ief of Police
City of Kingsburg
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