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SERVICE AGREEMENT
This Service Agreement (“Agreement”) is dated ___________________ and is between City of Fresno, a municipal corporation, whose address is 2323 Mariposa Street #2075, Fresno, CA 93721 (“Contractor”), and the County of Fresno , a political subdivision of the State of California (“County”).
Recitals
A. Under Assembly Bill 109, the Public Safety Realignment Act (AB 109), signed into law on April 5, 2011, the State of California has realigned responsibilities for probation, post release community supervision (PRCS), and mandatory supervised release of offenders. The State of California has provided funding to County for the purpose of implementing AB 109 services.
B. The County requires 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. Subsequently, the AB 109 Implementation Plan of 2011, collectively referred to as the “AB 109 Plan,” includes formation of the Adult Compliance Team (ACT) and Multi-Agency Gang Enforcement Consortium (MAGEC), to create a cooperative unit capable of addressing public safety concerns and issues facing local law enforcement in Fresno County . The ACT/MAGEC is comprised of representatives of the Fresno County Sheriff’s Department, the Fresno County District Attorney’s Office, the Fresno County Probation Department, and officers of the Clovis, Fresno, Kerman, Kingsburg, Reedley, Sanger, and Selma Police Departments.
C. The AB 109 Plan, including its updates, was developed by the Fresno County Community Corrections Partnership (CCP), and approved by the Fresno County Board of Supervisors. The AB 109 P lan was approved by the CCP on August 19, 2011 and approved by the Board on September 13, 2011.
D. The Contractor desires to continue to be a member of the ACT/MAGEC, and the County desires to maintain the Contractor as an ACT/MAGEC member, and to continue to implement AB 109 services.
The parties therefore agree as follows:
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Article 1
Contractor’s Services
1.1 Scope of Services. The Contractor shall perform all of the services provided in Exhibit A to this Agreement, titled “Scope of Services.”
1.2 Representation. The Contractor represents that it is qualified, ready, willing, and able to perform all of the services provided in this Agreement.
1.3 Compliance with Laws. The Contractor shall, at its own cost, comply with all applicable federal, state, and local laws and regulations in the performance of its obligations under this Agreement, including but not limited to workers compensation, labor, and confidentiality laws and regulations.
Article 2
County’s Responsibilities
2.1 The County shall compensate the Contractor for an amount equal to the cost of three (3) City of Fresno Police Officers and one (1) Crime Analyst for assignment to the MAGEC, and two (2) City of Fresno Police Officers and one (1) City of Fresno Police Sergeant for assignment to the ACT not to exceed the maximum amount payable under this Agreement of $1,940,075 for the first year . Prior to the commencement of subsequent extensions, compensation for years two and three will be formalized with amendments to the Agreement.
Article 3
Compensation, Invoices, and Payments
3.1 The County agrees to pay, and the Contractor agrees to receive, compensation for the performance of its services under this Agreement as described in this section.
3.2 Maximum Compensation. The maximum compensation payable to the Contractor for the first year of the term of this Agreement is One Million, Ten Thousand, Three Hundred and Forty-Four Dollars ($1,010,344) to participate as a MAGEC member and Nine Hundred Twenty- Nine Thousand, Seven Hundred Thirty-One Dollars ($929,731) to participate as an ACT member and implement AB 109 services. In no event shall compensation paid for all services performed for the first year of the term of this Agreement exceed One Million, Nine Hundred Forty Thousand, 1 2
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Seventy-Five Dollars ($1,940,075). Prior to the commencement of subsequent extensions, compensation for years two and three will be formalized with amendments to the Agreement. The Contractor acknowledges that the County is a local government entity, and does so with notice that the County’s powers are limited by the California Constitution and by State law, and with notice that the Contractor may receive compensation under this Agreement only for services performed according to the terms of this Agreement and while this Agreement is in effect, and subject to the maximum amount payable under this section. The Contractor further acknowledges that County employees have no authority to pay the Contractor except as expressly provided in this Agreement.
3.3 Invoices. The Contractor shall electronically submit quarterly invoices through the County of Fresno Probation Department’s CCP SharePoint folder using the AB 109 invoice template provided by the Probation Department. A vacancy report showing the budgeted staff positions and vacancies must be submitted with each invoice. Invoices must be submitted on or after the following dates: October 1 and January 1, April 1, and July 1. Each invoice shall include a breakdown of expenses identified in the final approved budget of the CCP for use in executing the mission of ACT. The Contractor shall upload and provide supporting documentation in detail to permit tracing transactions from the invoices to the accounting records. Supporting documentation includes but is not limited to list of positions funded; documentation of staff hours (e.g., timesheets, time tracking reports, etc.) and receipt for purchases (e.g., supplies, equipment, travel, etc.). The Contractor shall submit each invoice within 30 days after the quarter in which the Contractor performs services and in any case within 60 days after the end of the term or termination of this Agreement.
3.4 Payment. The County shall pay each correctly completed and timely submitted invoice within 45 days after receipt. The County shall remit any payment to the Contractor’s address specified in the invoice.
3.5 Incidental Expenses. The Contractor is solely responsible for all of its costs and expenses that are not specified as payable by the County under this Agreement. 1 2
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Article 4
Term of Agreement
4.1 Term. This Agreement is effective retroactive to July 1, 2024 and terminates on June 30, 2027 , except as provided in section 4.2, “Extension,” or Article 6 , “Termination and Suspension,” below.
4.2 Extension. The term of this Agreement may be extended for two (2) consecutive one- year terms. Each extension will take place automatically unless the Contractor provides written notice of non-renewal or termination from the ACT according to the ACT Operating Agreement (Exhibit A). As outlined in Exhibit A, the Contractor’s written notice of non-renewal or termination from the ACT must be delivered to the Chairperson of the CCP Executive Committee and to all participating agencies. The termination will be effective 60 days after the date of delivery. The extension of this Agreement by the County is not a waiver or compromise of any default or breach of this Agreement by the Contractor existing at the time of the extension whether or not known to the County.
Article 5
Notices
5.1 Contact Information. The persons and their addresses having authority to give and receive notices provided for or permitted under this Agreement include the following:
For the County:
Chief Probation Officer
County of Fresno
3333 E. American Avenue, Building 701, Suite B
Fresno, CA 93725
For the Contractor:
Chief of Police
City of Fresno
2323 Mariposa Street #2075
Fresno, CA 93721
5.2 Change of Contact Information. Either party may change the information in section
5.1 by giving notice as provided in section 5.3.
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5.3 Method of Delivery. Each notice between the County and the Contractor provided for or permitted under this Agreement must be in writing, state that it is a notice provided under this Agreement, and be delivered either by personal service, by first -class United States mail, by an overnight commercial courier service, by telephonic facsimile transmission, or by Portable Document Format (PDF) document attached to an email.
(A) A notice delivered by personal service is effective upon service to the recipient. (B) A notice delivered by first -class United States mail is effective three County business days after deposit in the United States mail, postage prepaid, addressed to the recipient.
(C) A notice delivered by an overnight commercial courier service is effective one County business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, addressed to the recipient.
5.4 Claims Presentation. For all claims arising from or related to this Agreement, nothing in this A greement establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810).
Article 6
Termination and Suspension
6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are contingent on the approval of funds by the appropriating government agency. If sufficient funds are not allocated, then the County, upon at least 30 days’ advance written notice to the Contractor, may:
(A) Modify the services provided by the Contractor under this Agreement; or (B) Terminate this Agreement.
6.2 Termination for Breach.
(A) Upon determining that a breach (as defined in paragraph (C) below) has occurred, the County may give written notice of the breach to the Contractor. The written notice may 1 2
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suspend performance under this A greement, and must provide at least 30 days for the Contractor to cure the breach.
(B) If the Contractor fails to cure the breach to the County’s satisfaction within the time stated in the written notice, the County may terminate this Agreement immediately. (C) For purposes of this section, a breach occurs when, in the determination of the County, the Contractor has:
(1) Obtained or used funds illegally or improperly;
(2) Failed to comply with any part of this Agreement;
(3) Submitted a substantially incorrect or incomplete report to the County; or (4) Improperly performed any of its obligations under this Agreement.
6.3 Termination without Cause. In circumstances other than those set forth above, the County may terminate this Agreement by giving at least 30 days advance written notice to the Contractor.
6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County under this Article 6 is without penalty to or further obligation of the County.
6.5 County’s Rights upon Termination. Upon termination for breach under this Article 6, the County may demand repayment by the Contractor of any monies disbursed to the Contractor under this Agreement that, in the County’s sole judgment, were not expended in compliance with this Agreement. The Contractor shall promptly refund all such monies upon demand. This section survives the termination of this Agreement.
Article 7
Independent Contractor
7.1 Status. In performing under this Agreement, the Contractor, including its officers, agents, employees, and volunteers, is at all times acting and performing as an independent contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County.
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7.2 Verifying Performance. The County has no right to control, supervise, or direct the manner or method of the Contractor’s performance under this A greement, but the County may verify that the Contractor is performing according to the terms of this Agreement.
7.3 Benefits. Because of its status as an independent contractor, the Contractor has no right to employment rights or benefits available to County employees. The Contractor is solely responsible for providing to its own employees all employee benefits required by law. The Contractor shall save the County harmless from all matters relating to the payment of Contractor’s employees, including compliance with Social Security withholding and all related regulations.
7.4 Services to Others. The parties acknowledge that, during the term of this Agreement, the Contractor may provide services to others unrelated to the County.
Article 8
Indemnity and Defense
8.1 Indemnity. The Contractor shall indemnify and hold harmless and defend the County (including its officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the County, the Contrac tor, or any third party that arise from or relate to the performance or failure to perform by the Contractor (or any of its officers, agents, subcontractors, or employees) under this Agreement. The County may conduct or participate in its own defense without affecting the Contractor’s obligation to indemnify and hold harmless or defend the County.
The County shall indemnify and hold harmless and defend the Contractor (including its officers, agents, employees, and volunteers) against all claims, demands, injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and liabilities of any kind to the County, the Contractor, or any third party that arise from or relate to the performance or failure to perform by the County (or any of its officers, agents, subcontractors, or employees) under this Agreement. The Contractor may conduct or participate in its own defense without affecting the County’s obligation to indemnify and hold harmless or defend the Contractor.
In the event of concurrent negligence on the part of C ounty or any of its officers, agents, or employees, and Contractor or any of its officers, agents, or employees, the liability for any and all 1 2
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such claims, demands, and actions in law or equity for such losses, costs, expenses, and damages shall be apportioned under the State of California’s theory of comparative negligence, as presently established, or as may be modified hereafter.
8.2 Survival. This Article 8 survives the termination or expiration of this Agreement.
Article 9
Insurance
9.1 Without limiting the indemnification of each party as stated herein, it is understood and agreed that County and Contractor shall maintain, at their sole expense, insurance policies or self-insurance programs including, but not limited to, an insurance pooling arrangement and/or Joint Powers Agreement to fund their respective liabilities including general liability, automotive liability, workers’ compensation and employers liability. Evidence of Insurance, e.g., Certificates of Insurance or other similar documentation, shall be provided at the request of either party under this Agreement.
Article 10
Inspections, Audits, and Public Records
10.1 Inspection of Documents. The Contractor shall make available to the County, and the County may examine at any time during business hours and as often as the County deems necessary, all of the Contractor’s records and data with respect to the matters covered by this Agreement, excluding attorney -client privileged communications . The Contractor shall, upon request by the County, permit the County to audit and inspect all of such records and data to ensure the Contractor’s compliance with the terms of this Agreement.
10.2 State Audit Requirements. If the compensation to be paid by the County under this Agreement exceeds $10,000, the Contractor is subject to the examination and audit of the California State Auditor, as provided in Government Code section 8546.7, for a period of three years after final payment under this A greement. This section survives the termination of this Agreement.
10.3 Public Records. The County is not limited in any manner with respect to its public disclosure of this Agreement or any record or data that the Contractor may provide to the County. 1 2
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The County’s public disclosure of this Agreement or any record or data that the Contractor may provide to the County may include but is not limited to the following:
(A) The County may voluntarily , or upon request by any member of the public or governmental agency, disclose this Agreement to the public or such governmental agency. (B) The County may voluntarily , or upon request by any member of the public or governmental agency, disclose to the public or such governmental agency any record or data that the Contractor may provide to the County , unless such disclosure is prohibited by court order.
(C) This Agreement, and any record or data that the Contractor may provide to the County, is subject to public disclosure under the Ralph M. Brown Act (California Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950). (D) This Agreement, and any record or data that the Contractor may provide to the County, is subject to public disclosure as a public record under the California Public Records Act (California Government Code, Title 1, Division 10, beginning with section 7920.000) (“CPRA”).
(E) This Agreement, and any record or data that the Contractor may provide to the County, is subject to public disclosure as information concerning the conduct of the people’s business of the State of California under California Constitution, Article 1, section 3, subdivision (b).
(F) Any marking of confidentiality or restricted access upon or otherwise made with respect to any record or data that the Contractor may provide to the County shall be disregarded and have no effect on the County’s right or duty to disclose to the public or governmental agency any such record or data.
10.4 Public Records Act Requests. If the County receives a written or oral request under the CPRA to publicly disclose any record that is in the Contractor’s possession or control, and which the County has a right, under any provision of this Agreement or applicable law, to possess or control, then the County may demand, in writing, that the Contractor deliver to the County, for purposes of public disclosure, the requested records that may be in the possession or control of 1 2
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the Contractor. Within five business days after the County’s demand , the Contractor shall (a) deliver to the County all of the requested records that are in the Contractor’s possession or control, together with a written statement that the Contractor , after conducting a diligent search, has produced all requested records that are in the Contractor’s possession or control , or (b) provide to the County a written statement that the Contractor, after conducting a diligent search, does not possess or control any of the requested records. The Contractor shall cooperate with the County with respect to any County demand for such records. If the Contractor wishes to assert that any specific record or data is exempt from disclosure under the CPRA or other applicable law, it must deliver the record or data to the County and assert the exemption by citation to specific legal authority within the written statement that it provides to the County under this section. The Contractor’s assertion of any exemption from disclosure is not binding on the County , but the County will give at least 10 days’ advance written notice to the Contractor before disclosing any record subject to the Contractor’s assertion of exemption from disclosure. The Contractor shall indemnify the County for any court-ordered award of costs or attorney’s fees under the CPRA that results from the Contractor’s delay, claim of exemption, failure to produce any such records, or failure to cooperate with the County with respect to any County demand for any such records.
Article 11
Disclosure of Self-Dealing Transactions
11.1 Applicability. This Article 11 applies if the Contractor is operating as a corporation, or changes its status to operate as a corporation.
11.2 Duty to Disclose. If any member of the Contractor’s board of directors is party to a self-dealing transaction, he or she shall disclose the transaction by completing and signing a “Self- Dealing Transac tion Disclosure Form” ( Exhibit B to this Agreement) and submitting it to the County before commencing the transaction or immediately after.
11.3 Definition. “Self-dealing transaction” means a transaction to which the Contractor is a party and in which one or more of its directors, as an individual, has a material financial interest. 1 2
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Article 12
General Terms
12.1 Modification. Except as provided in Article 6 , “Termination and Suspension,” this Agreement may not be modified, and no waiver is effective, except by written agreement signed by both parties. The Contractor acknowledges that County employees have no authority to modify this Agreement except as expressly provided in this Agreement.
12.2 Non-Assignment. Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party.
12.3 Governing Law. The laws of the State of California govern all matters arising from or related to this Agreement.
12.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno County, California. Contractor consents to California jurisdiction for actions arising from or related to this Agreement, and, subject to the Government Claims Act, all such actions must be brought and maintained in Fresno County.
12.5 Construction. The final form of this Agreement is the result of the parties’ combined efforts. If anything in this Agreement is found by a court of competent jurisdiction to be ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement against either party.
12.6 Days. Unless otherwise specified, “days” means calendar days.
12.7 Headings. The headings and section titles in this Agreement are for convenience only and are not part of this Agreement.
12.8 Severability. If anything in this Agreement is found by a court of competent jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of this Agreement with lawful and enforceable terms intended to accomplish the parties’ original intent.
12.9 Nondiscrimination. During the performance of this Agreement, the Contractor shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender 1 2
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identity, gender expression, age, sexual orientation, military status or veteran status pursuant to all applicable State of California and federal statutes and regulation.
12.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation of the Contractor under this A greement on any one or more occasions is not a waiver of performance of any continuing or other obligation of the Contractor and does not prohibit enforcement by the County of any obligation on any other occasion.
12.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement between the Contractor and the County with respect to the subject matter of this Agreement, and it supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, and understandings of any nature unless those things are expressly included in this Agreement. If there is any inconsistency between the terms of this Agreement without its exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving precedence first to the terms of this Agreement without its exhibits, and then to the terms of the exhibits.
12.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to create any rights or obligations for any person or entity except for the parties.
12.13 Authorized Signature. The Contractor represents and warrants to the County that:
(A) The Contractor is duly authorized and empowered to sign and perform its obligations under this Agreement.
(B) The individual signing this Agreement on behalf of the Contractor is duly authorized to do so and his or her signature on this Agreement legally binds the Contractor to the terms of this Agreement.
12.14 Electronic Signatures. The parties agree that this Agreement may be executed by electronic signature as provided in this section.
(A) An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) version of an original handwritten signature.
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(B) Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person.
(C) The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1).
(D) Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation. (E) This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature.
12.15 Counterparts. This Agreement may be signed in counterparts, each of which is an original, and all of which together constitute this Agreement. [SIGNATURE PAGE FOLLOWS]
AB 109
The Criminal Justice Realignment Act
Adult Compliance Team
(ACT)
August 2024
OPERATING AGREEMENT
Fresno County Probation Department
Fresno County Sheriff’s Department
Fresno County District Attorney's Office
Fresno Police Department
Clovis Police Department
Selma Police Department
Reedley Police Department
Kerman Police Department
Kingsburg Police Department
Sanger Police Department
Exhibit A - Scope of Work
I. PURPOSE
This Operating Agreement (OA) replaces and supersedes the prior operating agreement, dated November 2022. After the date this OA is executed by all parties, the prior operating agreement shall be of no further force and effect. This document establishes the purpose of the Adult Compliance Team (ACT) as a joint and cooperative effort. Additionally, it formalizes relationships between participating agencies for policy and planning in order to create a cooperative unit capable of addressing the public safety concerns and issues facing local law enforcement in Fresno County regarding probation supervision, Post Release Community Supervision (PRCS), and Mandatory Supervision (MS) that may occur due to the passage of the Criminal Justice Realignment Act (AB 109) effective October 1, 2011.
II. MISSION
The m ission 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, PRCS, and MS , with intensive surveillance by peace officers dedicated to enforcement of conditions of release.
B. To identify supervised offenders who are not meeting their conditions of release in order to ensure compliance.
C. To mitigate the need for custodial sanctions through appropriate early interventions.
D. To document trends in the realignment population and respond efficiently to emerging trends that adversely affect public safety.
E. To gather, collect, and provide informa tion and direction regarding the probation supervision, PRCS, MS and realignment populations for all law enforcement agencies in the County of Fresno and act as the point of contact for dissemination of offender information to law enforcement.
F. To respond rapidly to emergency situations with knowledge and information about the offenders.
G. To provide other public safety responses including searches as authorized by the terms of release and warrant services, as needed.
IV. GENERAL OPERATIONAL STRATEGIES
Intensive supervision based on offender assessment , combined with evidence-based practices, forms the cornerstone of the County of Fresno AB 109 supervision model. This intensive approach is seen in the formation of ACT; an interagency public safety alliance with local law enforcement agencies and county justice partners that provides an additional level of offender accountability and public safety . The "strike team" concept is used to describe peace officers under ACT , dedicated to particular enforcement and public safety purposes , with an immediate capacity to take action in regard to offenders under probation supervision, PRCS, and MS by the Fresno County Probation Department.
To this end, the participating agencies de veloped these operational guidelines and procedures concerning the formation of the ACT. The participating agencies agree jointly and separately to abide by these terms and provisions set forth throughout the formation of the joint operation.
V. ORGANIZATIONAL STRUCTURE
The ACT will be co-located at the Fresno County Probation Department. The Probation Department is the commanding agency of ACT and will maintain responsibility for the administrative direction, objective, and mission of the ACT.
The ACT will consist of sworn officers from the following agencies: two (2) deputy probation officers from the Fresno County Probation Department; one (1) sergeant and two (2) deputies from the Fresno County Sheriff’s Office; two (2) senior district attorney investigators from the Fresno County District Attorney’s Office; one (1) sergeant and two (2) police officers from the Fresno Police Department; one (1) police officer and one (1) crime specialist from the Clovis Police Department; one (1) police officer from the Selma Police Department; one (1) police officer from the Reedley Police Department; one (1) police officer from the Kerman Police Department; one (1) police officer from the Kingsburg Police Department; and one (1) police officer from the Sanger Police Department. Dependent upon future funding, the size of ACT may fluctuate according to the number of officers and agencies.
A. Policy and Direction
Under the policy and planning direction of the Community Corrections Partnership (CCP), ACT will utilize an Advisory Sub-Committee of CCP.
B. ACT Advisory Sub-Committee of the CCP
Each law enforcement agency that assigns personnel to ACT may designate a member to the ACT Advisory Sub -Committee of the CCP. All law enforcement agencies operating within Fresno C ounty 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 Assistant Deputy Chief is the Operations Commander and has overall responsibility for the operation of ACT. The Operations Commander implements direction to the team under the administrative direction of the Fresno County Probation Department's Realignment Division Deputy Chief. The Operations Commander will liaison with individual members of the ACT Advisory Sub-Committee and will attend meetings of the CCP as required.
D. Field Supervisor
The assigned Field Supervisor(s) will be the day -to-day operations supervisor(s) and responsible for overall coordination of tactical field operations. When ACT works as separate elements and both supervisors are working, each supervisor will be responsible for their assigned element. When only one supervisor is on duty , that supervisor will be responsible for the supervision of both elements.
E. Probation Department
All probation conditions and release compliance remain the responsibility of the AB 109 probation officer assigned to a specific offender. These conditions are predetermined before release from custody to probation, post release community supervision, or m andatory supervised release. The offenders will be under the supervision of their assigned probation officer or ACT probation officer.
VI. OPERATIONS
A. Supervision and Field Responsibility
The use of surveillance, supervision, and field contacts will be established in conjunction with Fresno County Probation Department policies and as established by the CCP Executive Committee , ACT Advisory Sub- Committee, and policies and procedures of general law enforcement accepted practices as established by statute and case law.
All ACT personnel will conform to their own agency’s policies and procedures as well as policies and procedures that may be required by participation in ACT.
B. Records and Reports
All reports created by ACT related to contac ts with those offenders under probation supervision, PRCS, and MS will be entered into the Probation Records Information Management System (PRIMS).
All agencies participating on the ACT will have full access to Sharenet and the information in PRIMS. Information sharing with other law enforcement agencies regarding offenders under probation supervision, PRCS, and MS, allowing for appropriate law enforcement
response is a priority for ACT.
Any additional crime , arrest, or incident report will be documented by the primary investigative officer through the use of their own departmental report writing system.
VII. ADMINISTRATION
A. Financial Administration
Financial administration of ACT funds allocated by the CCP Executive Committee will be the responsibility of the Fresno County Probation Department Business Office through the duration of the program . In addition, the allocation and management of funds are guided by County of Fresno Fiscal Policy and under the review quarterly of the CCP Finance and Audit Sub-Committee for presentation to the CCP.
B. Vehicles
As provided for in the approved CCP budget, vehicles will be provided for probation staff and for participating law enforcement officers for use in executing the mission of ACT, as specified in the final approved budget of the CCP and the County of Fresno. Each agency shall provide vehicles, as well as insurance and maintenance costs for those vehicles, for their respective employees.
C. Communications
Each participating law enforcement agency will provide communications equipment for its own personnel through the duration of th is 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 Sheriff's 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 agenc y will govern the use of firearms by its own personnel.
E. Equipment and Property
Any property , equipment or other items acquired with funds allocated by the CCP Executive Committee shall be the property of ACT through the duration of the OA. Upon termination of this OA or any revision, the property of ACT shall be distributed as determined by the CCP Executive Committee.
F. Training
ACT Officers will complete training as assigned and approved by the ACT Advisory Sub- Committee chairperson or their designee. Training for the team will be outlined during the fiscal year to reflect the needs of the team. The Probation Department’s Realignment Division Deputy Chief may also assign training to the ACT members as it pertains to the Evidence-Based Practices outlined by the AB 109 program.
G. Personnel Management
The selection of ACT members will be made by each participating agency . If any of the ACT policies and procedures conflict with any of the participating agencies' policies and procedures, notice of the conflict shall be immediately given to a s upervisor. The supervisor will take whatever action necessary to reconcile the conflict.
Each participating agency retains full responsibility for the professional and personal conduct of its own personnel assigned to ACT. Each participating agency will follow its agency directives/MOU for working modified schedules.
H. Technology and Software Use
All ACT members must adhere to the Fresno County Probation Department’s established protocols for using Probation computers, software, and other electronic devices or any other electronic device that accesses Probation data. This may involve adhering to data security measures, password requirements, and guidelines for installing or updating software.
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. If 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.
IX. DURATION
This OA shall become effective upon execution and shall continue without change until amended in accordance with Section X , replaced and superseded by another operating agreement or terminated as discussed below.
Participation in ACT by any participating agency may continue as funding provides or until said agency terminates participation in ACT . An agency shall terminate participation in the following manner : delivery of written notice to the Chairperson of the CCP Executive Committee and to all other participation agencies , with termination to be effective 60 days after delivery.
As to each participating agency, this OA will be in force from the date that agency signs the agreement. Termination of the OA has been provided for above.
X. AMENDMENT
Any member of the ACT Advisory Sub-Committee may propose an amendment to this OA by submitting it at any regular meeting of the ACT Advisory Sub-Committee. The proposed amendment would be submitted to the Executive Committee of the Community Correction s Partnership for their consideration and approval.
XI. LIABILITY
Each participating agency will be solely responsible for any and all damages, including attorney’s fees, results from acts or omissions of its own employees or agents, including each ACT assigned employee. Each participating agency shall indemnify and hold harmless all other participating agenc ies for these acts or omissions. The provisions contained herein include any violation of applicable law, ordinance, regulation or rule, including where the claim, loss, damage, charge or expense was caused by deliberate , willful or criminal acts of any agency, or any of its agents, officers or employees in its or their performance thereunder.
It is the intent of the parties hereto that, where negligence is determined to have been contributory, principles of comparative negligence will be followed, and each party shall bear the proportionate cost of any loss , damage, expense, and liability attributable to that party ’s negligence.
The participating agencies will establish procedures to notify the other agencies , where appropriate, of any claims, administrative actions or legal actions with respect to any of the matter described in this indemnification provision. The agencies shall cooperate in the
defense of such actions brought by others with respect to the matters covered in this agreement. Nothing set forth in this OA shall establish a standard of care for, or create any legal rights in, any person not a party to this OA.
XII. NON-WAIVER
Waiver of any breach or default hereunder will not constitute a continuing waiver or a waiver of any subsequent breach, of either the same or another provision of this OA.
XIII. SEVERABILITY
If any term, covenant, or condition of this OA is held by a court of competent jur isdiction 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 California, and where applicable, by federal law. The participating agencies agree to submit any disputes arising under this OA to a court of competent jurisdiction located in Fresno , California.
XVI. INTEGRATION
The OA embodi es the entire agreement of the participating agencies in relation to the formation and operation of ACT, except for "Program Costs." Except for that, there is no other agreement or understanding, verbal or otherwise, existing among the participating agencies.
This OA expressly replaces and supersedes the prior OA, dated November 2022, and that OA shall have no further force and effect.
9 GregGaer, Chief of Police
City of Sanger
Dated
10 Exhibit B
B-1
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno (“County”), members of a contractor’s board of directors (“County Contractor”), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest.” The definition above will be used for purposes of completing this disclosure form.
Instructions
(1) Enter board member’s name, job title (if applicable), and date this disclosure is being made.
(2) Enter the board member’s company/agency name and address. (3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation’s transaction that the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code.
The form must be signed by the board member that is involved in the self-dealing transaction described in Sections (3) and (4).
Exhibit B
B-2
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code § 5233 (a)
(5) Authorized Signature
Signature: Date: