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HomeMy WebLinkAboutSanta Clara County - 2011 Operational Agreement for the Probation Department OPERATIONAL AGREEMENT Between COUNTY OF SANTA CLARA And CITY OF GILROY This is an Operational Agreement (OA) between the County of Santa Clara, on behalf of the Probation Department (County or Probation) and City of Gilroy, on behalf of the Police Department of the City of Gilroy (City of Gilroy), relating to the goals and objectives of the DNA Fingerprint, Unsolved Crime and Innocence Protection Act (Proposition 69). The purpose of this OA is to specify the roles and responsibilities of the participating parties. I. TERM The OA is effective July 1,2011, through and including June 30, 2016, unless terminated sooner as provided in Section X. II. DESCRIPTION OF SERVICES Proposition 69 requires the collection of DNA of specified adults. Probation has been designated by the County to collect the DNA of qualifying out-of-custody adults who are referred by City of Gilroy and present themselves for collection. The collection shall include a buccal swab and right thumb print. City of Gilroy shall refer adults who are required to register under Section 290 or 457.1 of the Penal Code, because of the commission of, or the attempt to commit, a felony or misdemeanor offense (Section 296(a)(3)). III. CITY OF GILROY OBLIGATIONS A. Verify in CJIC that a DNA sample of the referred adult has not yet been collected. B. Obtain the electronic finger and palm prints of the referred adult (if not already in AFIS). C. Provide the referred adult with a DNA referral fonn. The form must include the referred adults cn number and qualifying offense. D. Instruct the referred adult to call for an appointment, to appear for the appointment on time, and to bring the referral fonn and a picture identification. E. Provide Probation with a copy of each referral fonn. F. Maintain updated Gilroy contact person phone number and e-mail address. IV. PROBA TION OBLIGATIONS A. Obtain DNA kits from the Department of Justice. B. Use picture identification or two-finger match on Livescan to verify identity of referred adults. C. Collect a sample buccal swab of DNA (inner cheek cells of the mouth) and right thumb print of referred adults. D. Send buccal swab and completed State information card containing right thumb print to a Department of Justice collection station. E. Update compliance ofreferred adult in CJIC within one week of collection. F. Notify City of Gilroy when a referred adult fails to call for an appointment or fails to appear for a scheduled appointment. G. Notify City of Gilroy when the State sends Probation notification that a referred adult's DNA sample has been rejected. H. Buccal swabs shall only be collected from voluntarily cooperative referred adults. Any others shall be instructed to retum to City of Gilroy for further instruction. V. OTHER REQUIREMENTS A. COUNTY NO-SMOKING POLICY - Contractor and its employees, agents and subcontractors, shall comply with the County's No Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus and all County- owned and operated health facilities, (2) within 30 feet surrounding County-owned buildings and leased buildings where the County is the sole occupant, and (3) in all County vehicles. B. BEVERAGE NUTRITIONAL CRITERIA - Contractor shall not use County funds to purchase beverages that do not meet the County's nutritional beverage criteria. The six categories of nutritional beverages that meet these criteria are (1) water with no additives; (2) 100% fruit juices with no added sugars, artificial flavors or colors (limited to a maximum of 10 ounces per container); (3) dairy milk, non-fat, 1 % and 2% only, no flavored milks; (4) plant derived (i.e., rice, almond, soy, etc.) milks (no flavored milks); (5) artificially-sweetened, calorie-reduced beverages that do not exceed 50 calories per l2-ounce container (teas, electrolyte replacements); and (6) other non-caloric beverages, such as coffee, tea, and diet sodas. These criteria may be waived in the event of an emergency or in light of medical necessity. VI. CONFIDENTIALITY The parties shall maintain confidentiality of all records generated during the term of this OA in accordance with all applicable state and federal laws and regulations. VII. INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between the Parties pursuant to Govemment Code Section 895.6, the Parties agree that all losses or liabilities incurred by a party are not be shared pro rata but instead the County and City of Gilroy agree that pursuant to Govemment Code Section 895.4, each of the parties hereto must fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Govemment Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this OA. No party, nor any officer, board member, employee or agent thereof is responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this OA. VIII. INSURANCE Each party to this OA shall, at its own expense, maintain a program of self-insurance and/or insurance for general liability coverage in the amount of at least one million dollars ($1,000,000) per occurrence and in the aggregate and statutory Califomia workers' compensation coverage. This coverage shall remain in force during the entire term of this OA. Each party shall provide evidence that the required coverage is in place. Operational Agreement between the County of Santa Clara and City of Gilroy, FYl2 Prop 69 Page 2 of 4 IX. AMENDMENTS Any amendment to this OA shall be clearly marked as an "amendment" and is effective only upon the signed approval of all parties. X. TERMINA TION A. Either party may terminate this OA upon 30 days written notice to the other party; such notice to be provided to the Chief Probation Officer and City of Gilroy Chief of Police. B. This Agreement is contingent on the appropriation of sufficient funding by the County for the services covered by this Agreement. If funding is reduced or deleted by the County for purposes of this Agreement, the County has the option to either terminate this Agreement with no liability occurring to the County or to offer an amendment to the Agreement indicating the reduced amount. C. COUNTY or Probation Department may terminate this Agreement for cause upon written notice. For purposes of this Agreement, cause includes, but is not limited to, any of the following: (1) material breach of this Agreement by the City of Gilroy, (2) violation by the City of Gilroy of any applicable laws, (3) failure to provide services in a satisfactory manner, or (4) a decision by the Board of Supervisors not to fund the services with the fiscal year beginning July 1, 2011 or a decision by the Board of Supervisors to end or reduce the services during the fiscal year for budgetary reasons. Such notice shall specify the reason( s) for termination and shall indicate the effective date of such termination. XI. ENTIRE AGREEMENT This document embodies the entire agreement between the parties with respect to the subject matter hereof. All prior negotiations, written agreements and oral agreements between the parties with respect to the subject matter of this OA are merged into this OA. XII. WAIVER No delay or failure to require performance of any provision of this OA constitutes a waiver of that provision as to that or any other instance. Any waiver granted by a party shall be in writing, and apply only to the specific instance expressly stated. III III III III III III Operational Agreement between the County of Santa Clara and City of Gilroy, FYl2 Prop 69 Page 3 of 4 XIII. NOTICES All notices prescribed by this OA shall be in writing and are deemed effective upon their deposit in the United States mail, postage prepaid with retum receipt requested and addressed: a. To County: Administrative Services Division Probation Department 2314 N. First Street San Jose, CA 95131 b. To City: Administration Gilroy Police Department 7301 Hanna Street Gilroy, CA 95020 XIV. SIGNATURES IN WITNESS WHEREOF, the parties have executed this OA as indicated below: ft,jlolli Date Tom Haglund City Administrator Approved as to Form: Gilroy City Attorney's Office By: d~~ Jh.< I,~ f6v City Attprney \ -J le 'llMJ JU< \ ~1i1)ec~w7 y COUNTY OF SANTA CLARA Sheila E. Mitchell Chief Probation Officer Date ~. J-f-/ Luke Leung ~ Ze I; Deputy County Executive APPROVED AS TO FORM AND LEGALITY ~ 0"- /i~U o',~t,((~~r Nancy 1. Clark Deputy County Counsel s-=- ( ,y- -/ / Date Page 4 of 4 Operational Agreement between the County of Santa Clara and City of Gilroy, FYl2 Prop 69