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HomeMy WebLinkAboutSanta Clara County - Community-Based Probation Unit (2019)AGREEMENT BETWEEN THE CITY OF GILROY AND THE COUNTY OF SANTA CLARA REGARDING THE SANTA CLARA COUNTY PROBATION DEPARTMENT COMMUNITY BASED PROBATION UNIT This Agreement is made this ;3`j day of bt4obpC 2019, between the City of Gilroy ("City") on behalf of the Gilroy Police Department ("GPD"), and the County of Santa Clara ("County") on behalf of the Santa Clara County Probation Department ("Probation Department"). I. PURPOSE The purpose of this Agreement is to set guidelines and mutual understandings between the GPD and the County regarding the relationship between the GPD and the Santa Clara County Probation Department Community Based Probation Unit ("CBPU"). H. MISSION AND SCOPE The mission of the GPD is to promote public safety; prevent, suppress, and investigate crimes; provide emergency and non -emergency services; create and maintain strong community partnerships; adapt a multidisciplinary approach to solving community problems; and develop and promote a diverse and professional workforce. The mission of the Probation Department is to promote community safety by implementing proven strategies that enhance and support positive change in our clients, families, and neighborhoods; reparation of the harm caused by criminal behavior; and exemplary conditions of secure care. The CBPU is a highly collaborative prevention and support -services unit in the Probation Department that works, in partnership with the GPD and the community, as a community -based liaison. Initially, the CBPU will be made up of up to one Supervising Probation Officer (SPO) and four Probation Officers (POs). The number of POs may be increased by the Chief Probation Officer, provided that the Chief Probation Officer provides notice to the Chief of Police. The focus of the CBPU is building professional and community relationships to enhance preventative factors and safety for community members. The CBPU will serve as a liaison for GPD patrol and as an investigative resource for the GPD Bureau of Investigations (`BOP'). POs will also attend community meetings with GPD patrol captains and GPD crime prevention personnel, and work with City of Gilroy Neighborhood Services. POs within the CBPU may work nontraditional work hours when the Probation department deems it necessary to support the needs of community partners and the GPD. POs assigned to the CBPU will not provide supervision services, nor will they participate in active policing activities. Insert date Agreement between City and County regarding CBPU staff III. MANAGEMENT The Probation Department shall be solely responsible for the day-to-day management and supervision of the CBPU. The SPO of the CBPU shall be responsible for supervising the day-to-day operations of the POs assigned to the CBPU; assessing referrals; conducting joint case conferencing with POs, GPD Police Officers, and community partners; developing community relationships/partnerships; collecting data; and participating in community/partner meetings and committees. The SPO shall be expected to work some non-traditional work hours to support, train, and supervise staff in the CBPU, as well as interact with GPD and community partners. Because of the highly collaborative nature of this unit, the SPO may receive night and weekend telephone calls from GPD. In the event of a conflict between the policies and procedures of the GPD and the Probation Department, the matter shall immediately be brought to the attention of the Chief of Police and the Chief Probation Officer or their designee(s) for informal resolution. IV. COMPENSATION The Probation Department shall be responsible for compensating only its personnel. Salaries, benefits, and overtime shall be in accordance with the Probation Department's policies and procedures, and the applicable labor contract governing the County personnel at issue. V. EQUIPMENT AND RESOURCES The Probation Department shall provide all necessary resources for the POs to conduct day-to-day operations. These include: 1. Vehicles for personnel to conduct the various investigative and community -based tasks. 2. Appropriate uniform/identification/apparel marking identifying personnel as "Probation" or "County of Santa Clara Probation Department." 3. Computers or lap -tops capable of being docked on -site at GPD. The GPD shall provide the following to the POs: 1. Access to the GPD Police Administration and Police Communications Buildings. 2. A desk and drop -in space for CBPU personnel at the GPD; however, CPBU personnel may also be housed within the community and the Probation Department. VI. TRAINING The POs shall adhere to all scheduled training required by the Probation Department. 2 Insert date Agreement between City and County regarding CBPU staff The GPD shall provide the POs organizational and logistical training regarding GPD policies and procedures. In addition, the POs may attend GPD specific training, trainings hosted by other entities at the behest of GPD and with prior approval of the Probation Department, and trainings that will enhance the relationship and mission of both agencies. VII. DESCRIPTION OF DUTIES The POs' responsibilities may include, but are not limited to: 1. Act as a direct liaison between the Probation Department and the GPD. 2. Develop and foster relationships with community members, neighborhood/business associations, system partners, victims of crime, and community -based organizations. 3. Provide educational and prevention -oriented presentations to community members and professional partners. 4. Participate in legally permissible and appropriate joint case conferencing and information sharing with POs, GPD Police Officers, and community partners. 5. Attend and participate in professional and community meetings/committees as a representative of the Probation Department. 6. Provide justice system -related training to the community, system partners, and law enforcement partners. 7. Assist the GPD BOI with follow-up, relative to the scope of the Probation Department, in active and ongoing GPD investigations. a) Work with GPD detectives as an information resource as legally appropriate on criminal investigations. b) Act as a liaison between GPD detectives and Probation Department POs/staff and the community. 8. Assist the GPD Bureau of Field Operations with active and on -going field operations, relative to the scope of the Probation Department. a) Communicate with GPD patrol officers as legally appropriate regarding their juvenile arrest decisions in the field. b) Act as a liaison between GPD patrol officers and Probation Department POs/staff and the families/guardians of juvenile on juvenile arrest decisions. VIII. INDEMNIFICATION In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead County and City agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold the other party, its officers, council or board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) Insert date Agreement between City and County regarding CBPU staff occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, council or 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 Agreement. No party, nor any officer, council or board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other party hereto, their officers, council or board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other party under this Agreement. IX. TERM OF AGREEMENT The term of this agreement shall commence on the date it is signed by both parties and shall continue until terminated. X. TERMINATION The agreement may be terminated by either party without cause by giving not less than seven (7) days written notice of termination. Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the mail. Notice shall be addressed to the respective parties as follows: To CITY: Chief of Police Gilroy Police Department 7301 Hanna Street Gilroy, CA 95020 To COUNTY: Chief Probation Officer Santa Clara County Probation Department 2314 North First Street San Jose, CA 95131 XI. INSURANCE Exhibit A entitled "INSURANCE" is attached to this Agreement and is deemed a part of this Agreement. XII. GOVERNING LAWS AND VENUE This Agreement has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this Agreement shall be in Santa Clara County. 2 Insert date Agreement between City and County regarding CBPU staff XIII. ENTIRE AGREEMENT This Agreement and its Exhibits and Appendices (if any) constitute the final, complete, and exclusive statement of the terms of the agreement between the parties regarding the subject of this Agreement. It incorporates and supersedes all the agreements, covenants and understandings between the parties concerning the subject matter hereof, and all such agreements, covenants and understandings have been merged into this Agreement. No prior or contemporaneous agreement or understanding, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. XIV. AMENDMENTS This Agreement may only be amended by a written instrument signed by the Parties. XV. COUNTERPARTS This Agreement may be executed by the Parties in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. XVI. NON -ASSIGNMENT No assignment of this Agreement or of the rights and obligations hereunder shall be valid without the prior written consent of the other parties. XVII. BUDGET CONTINGENCY This Agreement is contingent upon 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 the services covered by 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 this Agreement indicating the reduced amount. XVIII. CALIFORNIA PUBLIC RECORDS ACT The County is a public agency subject to the disclosure requirements of the California Public Records Act ("CPRA"). If City's proprietary information is contained in documents or information submitted to County, and City claims that such information falls within one or more CPRA exemptions, City must clearly mark such information "CONFIDENTIAL AND PROPRIETARY," and identify the specific lines containing the information. In the event of a request for such information, the County will make best efforts to provide notice to City prior to such disclosure. If City contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the County is required to respond to the CPRA request. 5 Insert date Agreement between City and County regarding CBPU staff If City fails to obtain such remedy within the time the County is required to respond to the CPRA request, County may disclose the requested information. City further agrees that it shall defend, indemnify and hold County harmless against any claim, action or litigation (including but not limited to all judgments, costs, fees, and attorney's fees) that may result from denial by County of a CPRA request for information arising from any representation, or any action (or inaction), by the City. XIX. COUNTY DATA "County Data" shall mean data and information received by City from County. As between City and County, all County Data shall remain the property of the County. City shall not acquire any ownership interest in the County Data. City shall not, without County's written permission. consent, use or disclose the County Data other than in the performance of its obligations under this Agreement. City shall be responsible for establishing and maintaining an information security program that is designed to ensure the security and confidentiality of County Data, protect against any anticipated threats or hazards to the security or integrity of County Data, protect against unauthorized access to or use of County Data that could result in substantial harm or inconvenience to County or any end users; and ensure the proper disposal of County data upon termination of this Agreement. City shall take appropriate action to address any incident of unauthorized access to County Data, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying County as soon as possible of any incident of unauthorized access to County Data, or any other breach in City's security that materially affects County or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected County Data be divulged to unauthorized third parties, City shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code Sections 1798.29 and 1798.82 at City's sole expense (if applicable). City shall not charge the County for any expenses associated with City's compliance with the obligations set forth in this section. XX. CONTRACT EXECUTION Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term "electronic copy of a signed contract" refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term "electronically signed contract" means a contract that is executed by applying an electronic signature using technology approved either by the County. in Insert date Agreement between City and County regarding CBPU staff WITNESS THE EXECUTION HEREOF on the day and year first hereinabove written. "COUNTY" COUNTY OF SANTA CLARA, a political subdivision of the State of California By LAURA GARNETTE Chief Probation Officer Date MARTHA WAPENSKI Deputy County Executive APPROVED AS TO FORM AND LEGALITY: MARCELO QUINONES Deputy County Counsel Date 7 "CITY" CITY OF GILROY, a municipal corporation By./�- GABRIEL GONZALEZ Gilroy City Administrator Date /l/ s�9' City Attorney Date i 1 le III City CI M,/ Insert date Agreement between City and County regarding CBPU staff EXHIBIT A INSURANCE Both parties to this Agreement (City and County) at their sole cost and expense, shall procure and maintain for the duration of this Agreement insurance or a program of self-insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the services under this Agreement. The requirements below may be met through self-insurance, commercial insurance or a combination of the two. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. The coverage provided by Insurance Services Commercial General Liability coverage ("occurrence") Form Number CG 0001; and 2. The coverage provided by Insurance Services Office Form Number CA 0001 covering Automobile Liability. Coverage shall include all owned, non -owned and hired automobile; and 3. Workers' Compensation insurance as required by the California Labor Code and Employers Liability insurance; and There shall be no endorsement reducing the scope of coverage from one party required above unless approved by the other party. B. Minimum Limits of Insurance Both parties shall maintain limits no less than: 1. Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit; and 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage; and 3. Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the California Labor and Employers Liability limits of $1,000,000 per accident. A-1 C. Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions of one nartv must be declared to the other party_ D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. Commercial General Liability and Automobile Liability Coverages a. Both parties shall name the other as additional insureds as respects to liability arising out of this Agreement. If a party utilizes self-insurance to comply with the insurance requirements of this Agreement, the additional insured requirement for that party is waived. b. Any failure to comply with reporting provisions of the policies by one party shall not affect coverage provided to the other party or, its officers, employees, and agents. 2.. Workers' Compensation and Employers' Liability Both parties shall contain waiver of subrogation in favor of each party. 3. All Coverages Each insurance policy of one party required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in limits except after thirty (30) days' prior written notice has been given to the other party, except that ten (10) days' prior written notice shall apply in the event of cancellation for non- payment of premium. E. Verification of Coverage Each party shall furnish the other party with certificates of insurance and with original endorsements affecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. F. Authority to Self -Insure Nothing in this Agreement shall preclude County and/or City from self -insuring all or parts of the insurance requirements mentioned above. However, County shall provide proof of self-insurance, in a form acceptable to City. M19 County of Santa Clara Office of the County Executive office of Risk Management Liability/Property insurance Division 231 O North First Street, Suite 203 San Jose, California 95131 Tel. No. (408) 441-4340 Fax (408) 441-4341 CERTIFICATE OF COVERAGE ISSUED BY COUNTY OF SANTA CLARA Ins. Cert. No. FY20-145 This is to Certify to: City of Gilroy -Police Department 7301 Hanna Street Gilroy, CA Attn: Joseph H. Deras, Captain, Gilroy Police Department That the following described coverages are in force on this date as set forth below: Assured: County of Santa Clara 70 W. Heddina Street San Jose, CA 95110 Insurer 1. Self -Funded Retention 2. Self -Funded Retention TVDe of Coveraae 1. Comprehensive General & Automobile Liability 2. Workers' Compensation Expiration Continuous Continuous Limits $2,000,000 Per Occurrence $4,000,000 Per Occurrence This certificate of coverage is provided by the County of Santa Clara to the above named certificate holder. The coverage specified herein will not be cancelled or reduced without thirty (30) days written. notice from County of Santa Clara to the certificate holder. This certificate pertains to the Memorandum of Understanding (MOU) between the County of Santa Clara, Probation Department and City of Gilroy, Police Department. This certificate } valid from November 1, 2019 to June 30, 2020. d Hank Ford Insurance Contracts & Claims Manager November 1, 2019 HF:td FY20-145MOU_SCCProbation&G ilroyPolice Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg, S. Joseph Simitian County Executive: Jeffrey V. Smith do z California Affiliated Risk Management Authorities 1750 Creekside Oaks Drive, Suite 200, Sacramento, CA 95833 916-244-1100 Liability Certificate of Coverage Additional Covered Party Certificate Number: 52377641 Certificate Holder: County of Santa Clara Santa Clara County Probation Department 2314 North First St. San Jose, CA 95131 Covered Party: MPA-City of Gilroy Description of As respects the agreement between the Gilroy Police Department and the Santa Clara County Probation Covered Activity: Department Community -Based Probation Unit. Memorandum of Coverage Number: CARMA 2019-GL Effective Date: 10/31/2019 Expiration Date: 6/30/2020 Limits: $1,000,000 (per occurrence) Excess of: $1,000,000 Self -Insured Retention: $1,000,000 The Following General and automobile liability as defined in the Memorandum of Coverage on file with the covered party Coverage is in named above. effect: Pursuant to the definition of Covered Party in the Liability Memorandum of Coverage, the certificate holder named above is an additional covered party for covered claims arising out of the covered activity stated above and is subject to the limits stated above. This is to certify that the coverage listed above has been issued to the Covered Party named above for the coverage period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The coverage afforded as described herein is subject to all the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the Covered Party named above as well as to all the terms, exclusions, and conditions of the Liability Memorandum of Coverage of the California Affiliated Risk Management Authorities, which are available for your review upon request. Coverage is in effect from 12:01 a.m. Pacific Time of effective date to 12:01 a.m. Pacific Time of expiration date as stated above and will not be canceled, limited, or allowed to expire except upon 30-day notice to the certificate holder. Date Issued: 11 /15/2019 Renewal: No Underlying Certificate Issued: No Authorized Representative Signature: 52377641 1 CARMA 1 19/20 GL $1NM LIMIT I Joseph Costamagna 111/15/2019 2:40:30 PM (PST) I Page 1 of 1 This certificate cancels and supersedes ALL previously issued certificates. CERTIFICATE OF COVERAGE NAME AND ADDRESS OF AGENCY: Municipal Pooling Authority of Northern California P.O. Box 67 Walnut Creek, CA 94596 (925) 943-1100 * FAX (925) 946-4183 NAME AND ADDRESS OF COVERED ENTITY: City of Gilroy LeeAnn McPhillips HR/Risk Mgmt Dept. 7351 Rosanna Street Gilroy, CA 95020 ORGANIZATION AFFORDING COVERAGE: Municipal Pooling Authority of Northern California This Is to certify that coverage agreements listed below have been Issued to the covered parties named above and are In force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be Issued or may pertain, the coverage afforded by the coverage agreements described herein is subject to all the terms, exclusions, and conditions of such coverage agreements. TYPE OF COVERAGE General Liability Auto Liability Auto Collision and Comprehensive Workers' Compensation and Employers Liability COVERAGE AGREEMENT COVERAGE AGREEMENT LIMITS OF LIABILITY NUMBER EXPIRATION per occurrence MPA19-20 MPA19-20 MPA19-20 6/30/2019 Bodily Injury, Property Damage, Personal Injury Combined $1,000,000 6/30/2019 Bodily Injury, Property Damage, Personal Injury Combined $1,000,000 $3,000 Deductible Police Vehicles $2,000 All Other Vehicles Limit of Liability = $250,000 SIR $500,000 6/30/2019 Workers' Comp = Statutory Employers' Liability =$4.5 million Description of Operations/Locations/Vehicles/Event/Restrictions/Special Items: It is hereby agreed that the County of Santa Clara (County), its the officers, agents, & employees are named as an additional covered party in respect to the agreement the between City of Gilroy (City) and the County dated October 23, 2019 regarding the relationship guidelines between the Gilroy Police Department and the Santa Clara County Probation Department Community Based Probation Unit, but only to the extent assumed by the City, subject to the Memorandum of Coverage terms, conditions, and exclusions, Cancellation: Should any of the above described coverage agreements be canceled before the expiration date thereof, the Issuing company will endeavor to mall 30 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the Authority, It's agents or representatives. CERTIFICATE HOLDER (name and address): Date Issued Ober 31, 2019 County of Santa Clara Santa Clara County Probation Department Chief Probation Officer rl � 2314 North First Street --San-Jose, CA_95131 -_ _ _ - Certificate ID: 2605 : 2015-16 FY Erwin Chanq, CPCU, ARM - Liability C S Prepared By: mp lj