HomeMy WebLinkAbout32593Court 10-2015-ACT-O County Agt #____________
COUNTY OF FRESNO
Fresno, CA
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AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ______________, 2016, by and
between the COUNTY OF FRESNO, a political subdivision of the State of California, hereinafter
referred to as "COUNTY", and the SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO, whose
address is 1100 Van Ness, Fresno, California 93721, hereinafter referred to as "COURT".
W I T N E S S E T H:
WHEREAS, COURT has established an After Criminal, Traffic, Infraction One-stop Network
(ACTION) Center (“Center”) to provide a one stop place for court users to make payment
arrangements and arrange for probation and other court-ordered services; and
WHEREAS, the goal of the Center is to provide information and assistance to the public with
sentencing, probation, fines, community service, and programs; and
WHEREAS, COUNTY will provide one staff person, a County Probation Department employee,
to provide probation and other program information at the Center ; and
WHEREAS, COURT will provide two staff persons to provide program information at the
Center; and,
WHEREAS, staff of both COUNTY and COURT will collect and accept monies from the public in
payment of fees for Court services and various fines (“Public Funds”) as part of their duties in manning
the Center; and
WHEREAS, COURT can provide daily direction and a work space within the Center for the
COUNTY/Probation employee.
NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
hereto agree as follows:
1. SERVICES
A. The COUNTY and COURT shall provide direction to their respective employees in
the provision of program information, as well as acceptance of Public Funds as a part of this
assistance. The COUNTY employee will work at the main courthouse Center between the hours of
8:30 a.m. and 5 p.m., Monday through Friday, except COURT holidays and other closure days.
B. The COURT Misdemeanor department manager shall be the point of contact for
Court 10-2015-ACT-O County Agt #____________
COUNTY OF FRESNO
Fresno, CA
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COURT and the COUNTY’s Chief Probation Officer or his designee shall be the point of contact for
COUNTY.
C. All COUNTY staff assigned (permanently or temporarily) to the Center will
adhere to the COURT's ethics and cash handling policies attached to this document as Exhibit 1 and
incorporated herein by reference. The On-site Supervisor will report to the Court Project Manager
within one Court business day any identified violation of the Court's ethics policy that directly and/or
indirectly involves COUNTY employees.
2. TERM
This Agreement shall become effective immediately upon approval by both parties and
shall terminate on June 30, 2019. This Agreement may be extended for two (2) additional consecutive
twelve (12) month periods upon written approval of both parties no later than thirty (30) days prior to
the first day of the next twelve (12) month extension period with the same terms and conditions
herein set forth. The Chief Probation Officer or his/her designee is authorized to execute such written
approval on behalf of the COUNTY.
3. TERMINATION
Either Party may terminate this Agreement without cause by giving at least ninety (90)
calendar days’ advance written notice to the other party.
4. COMPENSATION
COUNTY shall perform all COUNTY services provided under this Agreement at its sole
cost and expense. COURT shall likewise perform all COURT services provided under this Agreement at
its sole cost and expense.
5. MODIFICATION
Any matters of this Agreement may be modified from time to time by the written
consent of all the parties without, in any way, affecting the remainder.
6. NON-ASSIGNMENT
Neither party shall assign, transfer or subcontract this Agreement nor their rights or
duties under this Agreement without the prior written consent of the other party.
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COUNTY OF FRESNO
Fresno, CA
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7. RISK ALLOCATION
It is the intention of both Parties that neither will be responsible for the negligent
and/or intentional acts and/or omissions of the other, or its employees, including cash and cash
equivalents overages or shortages. The Parties therefore disclaim in its entirety the pro rata risk
allocation that could otherwise apply to this Agreement pursuant to Government Code 895.6. Instead,
pursuant to Government Code section 895.4, the Parties agree to use principles of comparative fault
when apportioning any and all losses that may arise out of the performance of this Agreement.
8. INSURANCE
Without limiting the COUNTY's or COURT’s right to obtain indemnification from the
other, each party at its sole expense, shall maintain in full force and effect their participation in 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. COUNTY shall provide verification
to COURT of continued coverage with CSAC for excess liability and demonstrate their ability to meet
the Self-Insured Retention liability coverage.
Each party shall provide coverage of at least one million dollars ($1,000,000) per
occurrence and three million dollars ($3,000,000) aggregate per year. This coverage shall apply to
general and automobile liability. Transportation in connection with this Agreement shall be by
vehicles owned by COUNTY, COURT, or by sub-contractors with Comprehensive Automobile Liability
Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars
($250,000) per person, Five Hundred Thousand Dollars ($500,000) per accident and for property
damages of not less than Fifty Thousand Dollars ($50,000), or such coverage with a combined single
limit of Five Hundred Thousand Dollars ($500,000).
Professional Liability. When the parties employ licensed professional staff (e.g., Ph.D.,
R.N., L.C.S.W., M.F.T.) in connection with this agreement, each party shall provide Professional
Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, and
Three Million Dollars ($3,000,000) annual aggregate coverage for their own professional staff.
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Workers Compensation. Each party shall maintain a policy of worker’s compensation
insurance as required by the California Labor Code in an amount of at least one million dollars
($1,000,000).
This required insurance coverage shall not be cancelled or changed without a
minimum of thirty (30) days advance written notice given to the other party. Either party may
require the other to provide proof of professional and workers’ compensation coverage.
In the event that either party fails to keep in effect at all times insurance coverage as
herein provided, the other party may, in addition to other remedies it may have, suspend or
terminate this Agreement upon the occurrence of such event. Policies other than self-insurance and
joint powers coverage shall be with admitted insurers licensed to do business in the State of
California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating
of A FSC VII or better.
9. NON-DISCRIMINATION
During the performance of this Agreement, COURT and COUNTY shall not unlawfully
discriminate against any employee or applicant for employment, or recipient of services, because of
race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age
or sex, or other protected class, pursuant to all applicable State and Federal statutes and regulations.
10. CONFIDENTIALITY
All services performed by COURT and COUNTY under this Agreement shall be in strict
conformance with all applicable Federal, State of California and/or local laws and regulations relating
to confidentiality.
11. QUALITY CONTROL
Public confidence is of utmost importance to the COUNTY and to the COURT. The
proper handling of Public Funds is directly related to the public confidence in their local government,
as are professional dress and business ethics. The Parties will work cooperatively to maximize the
quality of customer service being provided. Good cause showing, COURT shall have the right to
request that COUNTY remove a COUNTY employee from the future collection of COURT accounts in
the manner of public funds.
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Fresno, CA
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COUNTY agrees to maintain a quality assurance program for its employees, which shall
include, but not be limited to, periodic instruction of proper cash handling procedures, appropriate
dress, and ethics. The COURT will provide cash handling instruction per the Trial Court Financial
Policies and Procedures Manual (FIN) from time to time and COUNTY may avail itself of this free
training.
12. COUNTY RESPONSIBILITIES
A. COUNTY-Owned Computer Equipment
COUNTY will provide COUNTY-owned computer and computer peripherals (including
monitor, keyboard and mouse) at the Center for use by COUNTY employee(s) only.
B. Forms.
COUNTY will provide all COUNTY program forms for Center staff - COUNTY as well as
COURT staff.
COUNTY shall be responsible to employ strict controls to ensure the integrity and
security of COURT’s cash and cash equivalents and to prevent loss or abuse of cash and/or cash
equivalents stored or processed by COUNTY employees.
13. COURT RESPONSIBILITIES
A. COURT-Owned Equipment
COURT will provide a Cisco telephone, cash drawer and use of copier and printer for
use by COUNTY employees.
B. COURT-Owned Computer Equipment
COUNTY may use COURT-owned computer and computer peripherals (including
monitor, keyboard and mouse) located at the Center without prior authorization from the COURT’s
Chief Information Officer, and/or designee(s). COURT will provide COUNTY-staffed desk with Outlook
access and appropriate access to its case management system (Odyssey-Criminal Node) as necessary
for administrative purposes related to the operation of the Center and this Agreement.
14. COURTHOUSE ACCESS AND KEYS
COUNTY probation staff working in the Center must enter the courthouse through the
main lobby. After they go through security screening, they will take the elevator or stairs to the 4 th
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floor clerk’s office to retrieve their money bag from accounting. Once they have their money bag, they
must use the back elevator to access the Center. Money bags will be returned to the 4th floor at least
twice a day, and as needed – at lunch and at day’s end - via the back elevator, for security purposes.
Any required keys and badges will be handled by the COURT Facilities Department.
15. INDEPENDENT CONTRACTOR
In performance of the work, duties, and obligations assumed by the parties under this
Agreement, it is mutually agreed and understood that each party, including its officers, agents,
subcontractors and employees, will at all times be acting and performing as an independent
contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee,
joint venturer, partner or associate of the other party. Furthermore, the parties acknowledge that
each party controls the manner and means of which the Services are performed by each party’s
employees. However, each party shall retain the right to administer this Agreement so as to verify
that the other party is performing its obligations in accordance with the terms and conditions
specified herein. COUNTY and COURT shall comply with all applicable provisions of law and the
rules and regulations, if any, of governmental authorities having jurisdiction over matters which are
directly or indirectly the subject of this Agreement.
Because of each party’s status as independent contractors, employees of COUNTY or
COURT shall have absolutely no right to employment rights and benefits available from the other
entity. COUNTY and COURT shall be solely liable and responsible for providing to, or on behalf of, its
employees all legally required employee benefits. In addition, COUNTY shall be solely responsible
and save COURT harmless from all matters relating to payment of COUNTY’S employees, including
compliance with Social Security withholding and State withholding. COURT shall save COUNTY
harmless from all matters relating to payment of COURT employees, including compliance with
social security withholding and State withholding.
COUNTY shall ensure that all personnel used as contractors, sub-contractors and
employees to perform the services reserved for COURT, are aware that COURT is not responsible for
any benefits or coverage for their efforts.
16. INDEMNIFICATION
COUNTY agrees to indemnify, save, hold harmless, and at COURT’S request,
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Fresno, CA
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defend COURT, its officers, agents, and employees from any and all costs and expenses, including
Attorney’s fees and court cost, damages, liabilities, claims, and losses occurring or resulting to COURT
in connection with the performance, or failure to perform, by COUNTY, its officers, agents, or
employees under this Agreement, and from any and all costs and expenses, damages, liabilities,
claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or
damaged by the performance, or failure to perform, of COUNTY, its officers, agents, or employees
under this Agreement.
COURT agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend
COUNTY, its officers, agents, and employees from any and all costs and expenses, including
Attorney’s fees and court cost, damages, liabilities, claims, and losses occurring or resulting to
COUNTY in connection with the performance, or failure to perform, by COURT, its officers, agents, or
employees under this Agreement, and from any and all costs and expenses, damages, liabilities,
claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or
damaged by the performance, or failure to perform, of COURT, its officers, agents, or employees
under this Agreement
17. NOTICES
The persons and their addresses having authority to give and receive notices under this
Agreement include the following:
COUNTY COURT
Chief Probation Officer
Fresno County Probation
Department
3333 E American Ave., Ste. B
Fresno, CA 93725
Court Executive Officer,
Superior Court of California,
County of Fresno
1100 Van Ness Avenue
Fresno, CA 93721
Any and all notices between the COUNTY and the COURT provided for or permitted
under this Agreement or by law shall be in writing and shall be deemed duly served when personally
delivered to one of the parties, or in lieu of such personal services, when deposited in the United
States Mail, postage prepaid, addressed to such party.
18. GOVERNING LAW
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Venue for any action arising out of or relating to this Agreement shall only be in Fresno
County, California.
19. ENTIRE AGREEMENT
This Agreement, including all exhibits, constitutes the entire Agreement between
COUNTY and COURT with respect to the subject matter hereof and supersedes all previous agreement
negotiations, proposals, commitments, writings, advertisements, publications and understandings of
any nature whatsoever unless expressly included in this Agreement.
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Court 10-2015-ACT-0 County Agt # ___ _
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by the
2 signatures below:
3 ATTEST:
4 SUPERIOR COURT OF CALIFORNIA
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COUNTY OF FRESNO
8 Print Name : Sheran L. Morton
9 Title: Court Executive Officer
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Date : 4/l+t I~
By: J<;,: -{ #u~ c
Print Name: Kimberly A. Gaab
Title : Presiding Judge of the Court
Date : /--0 7--/J f?
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
Mailing Address:
1100 Van Ness Avenue
Fresno , California 93724-0002
Phone No .: (559) 457-2010
Contact: Court Executive Officer
COUNTY OF FRESNO
C' ~ By :~ ~/A~~~~
Chairman , Board of Supervisors
Date: 7-I d-. -\ l.o
BERNICE E. SEIDEL, Clerk
Board of Supervisors
Date : _ ___:/_-_..;.l ..... d...:._-__,\_,_lp'"'---
-9 -COUN TY OF FRES NO
Fres n o, CA
EXHIBIT 1
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Fresno, CA
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COURT CODE OF ETHICS
As promulgated by the Judicial Council of California, a fair and independent court system is essential to
the administration of justice in a democratic society. The tenets set forth below have been established by the
Judicial Council of California and have been adopted by the Court. Exemplary conduct by court employees
inspires public confidence and trust in the court, and conveys the values of impartiality, equity, and fairness that
bring integrity to the Court’s work. Further, Court employees are expected to adhere to a high standard of
ethical behavior. To advance these values and to achieve justice we believe certain ethical principles should
govern all that we do. We, therefore, commit ourselves to:
Tenet One Provide impartial and evenhanded treatment of all persons;
Tenet Two Demonstrate the highest standards of personal integrity and honesty in all our professional
and personal dealings, avoiding the misuse of Court’s time, equipment, supplies or facilities
for personal business;
Tenet Three Behave toward all persons with respect, courtesy, patience, and responsiveness, acting
always to promote public esteem in the court system;
Tenet Four Safeguard confidential information, both written and oral, unless disclosure is authorized
by the Court, refusing ever to use such information for personal advantage, and abstain at
all times from public comment about pending court proceedings, except for strictly
procedural matters;
Tenet Five Refrain from any actual impropriety, such as:
Violating the law;
Soliciting funds on the job;
Receiving gifts or favors related to court employment;
Accepting outside employment that conflicts with the employee’s duties;
Recommending private legal service providers to the public on the job, or;
Using position at court to benefit self, friends, or relatives;
Tenet Six Avoid any appearance of impropriety that might diminish the integrity and dignity of the
Court;
Tenet Seven Serve the citizens of California by providing accurate information about court processes
that is as helpful as possible without taking one side over the other, or appearing to favor
one side of a case;
Tenet Eight Provide responsible and accountable stewardship of public resources;
Tenet Nine Provide accurate information as requested in a competent, courteous, and timely manner.
Improve personal work skills and performance through continuing professional education
and development;
EXHIBIT 1
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Tenet Ten Guard against and, when necessary, repudiate any act of discrimination or bias based on
race, religion, color, national origin, ancestry, physical or mental disability, medical
condition, marital status, sex, age, or sexual orientation;
Tenet Eleven Renounce any use of positional or personal power to harass another person sexually or in
any other way based on that person’s race, religion, color, national origin, ancestry,
physical or mental disability, medical condition, marital status, sex, age, sexual orientation,
or other personal choices and characteristics; and
Tenet Twelve Protect the technological property of the Court by preserving the integrity of electronically
stored information.
Violations of the code of ethics will not be tolerated. Court employees who violate this policy are
subject to disciplinary action up to and including termination. Violations that include criminal activity may also
be referred to the appropriate authorities for prosecution.
Cash Discrepancy Policy
The Court’s Cash Discrepancy policy provides a guide for monitoring cash discrepancies that may occur
with employees who handle cash transactions. Cash discrepancies can be defined as any overage or shortage
that is discovered when balancing the monies. It also applies to mishandling of cash, i.e. leaving money out, not
following protocol on the handling of a cash bag or drawer, not turning in money on time, etc. Any job that
involves handling of cash is to be monitored. Discrepancies are an indication that job performance is under
satisfactory standards.
It is the responsibility of the employee who handles cash to be attentive to their duties with each and
every transaction. It is an expectation that each transaction be handled with accuracy and reviewed w ith the
customer before they leave the courthouse. It is also an expectation that maintaining focus on the task at hand,
knowing the policies and procedures to apply to the transaction, and following those procedures appropriately
would result in no cash discrepancies. Failure to balance impacts the customer who received inaccurate service,
lessens the court’s ability to serve its customers, and costs staff time and effort to find, fix, and determine the
cause of the discrepancy. Any mitigating factor that would or could result in an employee having a cash
discrepancy should be brought to the immediate attention of management. It is the frequency and/or the
EXHIBIT 1
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excessiveness of a cash discrepancy that will result in immediate action being taken by management.
Trial Court Financial Policies and Procedure Manual (FIN)
FIN was established, among other things, to promote public confidence in the courts. It provides uniform
guidelines for employees that handle court monies to use in receiving and accounting for payments from the
public in the form of fees, fines, forfeitures, restitutions, penalties, and assessments resulting from court
orders. The Court has instituted procedures and internal controls that assure safe and secure collection, and
accurate accounting of all payments. To further promote public confidence, as well as ensure accurate
processing and reporting, it is desired that all employees that accept money on behalf of the court follow these
same guidelines.
All County-provided staff that handle court money shall adhere to the following procedures:
1. All checks received by the Court shall be restrictively endorsed immediately upon receipt.
2. Supervisor and/or lead clerk review, and initial or signature will be sought on all voided original
receipts to demonstrate their review and approval of void transactions. Voided original receipts
shall be retained by the supervisors and lead clerks for future reference.
3. Cash drawer overages and/or shortages shall be immediately investigated upon discovery.
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