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1998-0701_ORANGE, COUNT OF_Agreement h 0 1 2 AGREEMENT 3 FOR 4 PROVISION OF GANG PREVENTION AND SUPPRESSION SERVICES 5 BETWEEN THE COUNTY OF ORANGE 6 AND 8 THE CITIES OF DANA POINT, LAGUNA NIGUEL, AND SAN JUAN CAPISTRANO 9 JULY 1, 1998 THROUGH JUNE 30, 1999 10 This AGREEMENT, entered into this first day of July, 1998, which date is enumerated for 11 purposes of reference only is by and between the COUNTY OF ORANGE, a political sub-division of the 12 State of California (COUNTY) and the CITIES of Dana Point, Laguna Niguel, and San Juan Capistrano 13 (CITIES). This Agreement shall be administered by the Chief Probation Officer of the Orange County 14 Probation Department, or his designee (ADMINISTRATOR). 15 WITNESSETH: 16 WHEREAS, the CITIES are desirous of contracting with the COUNTY for the provision of gang 17 prevention and suppression for a specific Probation population within the geographical boundaries of the 18 19 cities of Dana Point, Laguna Niguel, and San Juan Capistrano; and 20 WHEREAS, the CITIES have appropriated funds to enter into an Agreement with the COUNTY 21 for said gang prevention and suppression services; and 22 WHEREAS, the COUNTY is willing and capable of providing a service addressing one or more 23 of the objectives of the CITIES. 24 NOW, THEREFORE, in consideration of mutual promises, covenants, and conditions hereinafter 25 set forth, the parties agree as follows: 26 27 28 1 of 13 1 TABLE OF CONTENTS 2 PARAGRAPH PAGE 3 I. Description of Services, Staffing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 II. Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 III. Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 5 IV. Financial Accountability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 V. Program Supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6'- 6 VI. Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 VII. Status of County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 VIII. Affirmative Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 IX. Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 X. Other Sources of Income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 XI. Right to Audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 XII. Retention of Financial Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 XIII. Internal Controls9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 XIV. Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 XV. Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 XVI. Alteration of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 XVII. Distribution of Forfeited and Seized Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 XVIII. Termination 14 XIX. Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 XX. Third Party Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 15 Signature Pae 12 16 EXHIBIT A 17 I. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. Target Population . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 18 III. Program Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 19 IV. Program Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 V. Scope of Duties--Probation Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 20 EXHIBIT B - BUDGET 21 22 23 24 25 26 27 28 2 of 13 1 I. ©ESCRIPTION OF SERVICES, STAFFING 2 COUNTY agrees to provide those services, facilities, equipment and supplies as described in the 3 Exhibits A and B attached I-ereto and incorporated herein by reference. COUNTY shall operate 4 continuously throughout the term of this Agreement with at least the minimum number and type of staff 5 required for provision of services hereunder. Such personnel shall be qualified in accordance with all 6 applicable statutes and regulations. COUNTY agrees to submit to the CITIES a list of persons and any 7 changes thereto, by name, title, professional degree and experience who are to provide such services. 8 COUNTY further agrees to comply with all provisions, to perform all work and provide all services set 9 forth in this Agreement in a professional, timely and diligent manner. 10 II. TERM 11 The term of this Agreement shall commence July 1 , 1998 and terminate June 30, 1999, unless 12 otherwise terminated as provided in this Agreement; provided, however, COUNTY shall be obligated to 13 14 perform such duties as would normally extend beyond this term, including but not limited to, obligations 15 with respect to confidentiality, indemnification, audits, reporting and accounting. 16 111. COMPENSATION 17 The CITIES shall pay the COUNTY for services rendered hereunder in a sum not to exceed 18 $72,567, payable on cost reimbursement basis upon submission of monthly claims, in accordance with 19 payment procedures as detailed in subparagraph W.B. of this Agreement. 20 IV. FINANCIAL ACCOUNTABILITY 21 A. COUNTY agrees to provide fiscal procedures adequate to assure accounting for the billing 22 of costs to the CITIES under the Agreement in accordance with the COUNTY's general accounting 23 policies, Auditor-Controller's accounting policies and procedures. All claimed reimbursements will be 24 supported with source documents retained by the COUNTY, including but not limited to time sheets, 25 invoices, canceled checks, receipts and receiving records. 26 27 28 3 of 13 r 1 B. The COUNTY agrees to reimburse the CITIES for expenditures determined to be in 2 violation of the terms and conditions of this Agreement. 3 1 . Allowable Costs 4 All items of cost, actually incurred, which are provided for in the appended budget, 5 attached hereto as Exhibit B, shall be allowable for payment. Any Program Costs or Administrative Costs- 6 that cannot be charged directly to the Gang Prevention and Suppressions Program must be apportioned 7 based on a Cost Allocation Plan approved by the COUNTY Auditor-Controller and must be certified by 8 the ADMINISTRATOR, or his designee. Such certification is subject to audit as authorized in paragraph 9 � I XI of this agreement. Allowable costs shall be paid to the COUNTY in accordance with the major cost i 10 j categories and maximum amounts as provided for in the appended contract budget. The maximum 11 ' amount allowable for each of the major cost categories (consisting of the totals for Personnel Services, 12 j 1 Operating Expense and Indirect Costs) within the contract may be adjusted provided that the overall 13 1 14 budget and program goals and objectives are not changed. Line items within major categories may be 15 adjusted up to ten percent (10%) cumulatively without prior approval as long as the expenditures are 16 reasonable, appropriate, and necessary to achieve program objectives. 17 �I 2. Utilization and Payment of Funds i 18 COUNTY shall be reimbursed monthly in arrears for the actual costs incurred upon 19 the submission of detailed invoices provided and submitted to the CITIES. The monthly invoices shall 20 be submitted in such form and detail as required by the County Auditor-Controller and be accompanied 21 by an affidavit signed by the COUNTY certifying the appropriateness of the costs claimed. All invoices 22 shall be issued no later than 15 days after cost data for the previous month are available. The CITIES 23 must reimburse costs within thirty (30) days of the date of the invoice for which payment is being 24 rendered. 25 26 27 28 • . 4 of 13 1 3. Late charges will be assessed to the CITIES in the following situations: 2 a. Over-the-counter payments will be assessed a late charge if any payment 3 is not received by the COUNTY within thirty (30) days.of the date of the invoice for which payment is 4 being rendered. 5 b. Payments transmitted to the COUNTY via the U.S. Mail that have.the 6 CITIES' postage meter mark will be assessed a late charge if any payment is not received within thirty- 7 one (31) days of the date of the invoice for which the payment is being rendered. 8 C. Payments transmitted to the COUNTY via the U.S. Mail that have a U.S. 9 Post Office postmark dated thirty (30) days after the date of the invoice will be assessed a late charge. 10 4. The late charge assessed in each of the above situations shall be three-quarters 11 of the one percent (0.75%) of the payment due and unpaid, plus $100.00 for late payments made within 12 13 thirty (30) days after the payments are due. An additional charge of three-quarters of one percent 14 (0.75%) of said payment shall be added for each additional thirty (30) day period that the payment 15 remains unpaid. Late charges shall be added to the payment due and invoiced to the CITIES in 16 accordance with subparagraph IV.B.3. Any invoices and applicable late charges remaining unpaid after 17 ninety (90) days after the invoice date may result in the COUNTY's Auditor-Controller deducting from 18 money held on deposit with the COUNTY Treasurer for the CITIES in accordance with Government Code 19 Section 907 and any other applicable provision of law. 20 5. Early payments received by the COUNTY from the CITIES shall be entitled to a 21 discount of one-quarter of one percent (0.25%), if payment is received by the COUNTY within eleven (11) 22 days of the date of the invoice. The CITIES may take credit for the discount in the current payment. 23 However, if a discount is taken inappropriately, COUNTY shall notify the CITIES immediately that the 24 discount should not have been taken and that the balance is due within thirty (30) days of the invoice 25 date, subject to late charges, pursuant to subparagraph IV.B.4. of this Agreement if the balance is not 26 27 paid in this frame. 28 5 of 13 6. The COUNTY shall have sixty (60) days from the end of the contract period to 1 2 liquidate all program obligations incurred during said contract period. The COUNTY shall then submit 3 the final claim for reimbursement within sixty (60) days of the end of the contract. The CITIES shall not 4 be liable for any claims submitted beyond sixty (60) days of the end of the contract. 5 7. Equipment 6 Equipment is nonexpendable personal property, having a useful life of in excess 7 of four years and a unit acquisition cost of $3,000 or more including tax and installation. All equipment 8 purchased with CITIES' funds is the property of the COUNTY. COUNTY will be responsible for the 9 replacement of all equipment after their useful life is exhausted. 10 11 V. PROGRAM SUPERVISION 12 13 A. ADMINISTRATOR shall appoint an Orange County Probation Department Gang 14 Suppression Unit supervisor to oversee the daily operation and administration of the Agreement pursuant 15 to the terms and conditions contained herein. 16 B. The Gang Suppression Unit supervisor shall submit a Gang Violence Suppression 17 Quarterly Report to the CITIES. 18 VI. DISPUTES 19 A. When the COUNTY and the CITIES fail to agree as to whether or not any work is within 20 the scope of the contract requirements, the CITIES shall within 15 calendar days provide the COUNTY 21 with a written protest specifying in detail what particulars the contract requirements were not fulfilled, and 22 the proposed remedy. 23 B. The ADMINISTRATOR agrees to furnish a written decision within 30 County working days 24 after receipt of such protest. 25 26 27 28 6 of 13 1 VII. STATUS OF COUNTY 2 COUNTY is and at all times shall be deemed to be an independent contractor and shall be wholly 3 responsible for the manner in which it performs the services required of it by the terms of this Agreement. 4 Nothing herein contained shall be construed as creating the relationship of employer and employee, or 5 principal and agent, between the COUNTY and the CITIES. The COUNTY assumes exclusively the 6 responsibility for the acts of its employees as they relate to the services to be provided during the course 7 and scope of their employment. The COUNTY, its agents, and employees shall not be entitled to any 8 rights and privileges of CITIES' employees and shall not be considered in any manner to be CITIES 9 employees. 10 VIII. AFFIRMATIVE ACTION 11 The COUNTY shall maintain an Affirmative Action Program Plan including the setting of goals and 12 13 timetables for minority employment which meet the requirements of the Federal Equal Employment 14 Opportunity Commission and the State of California Fair Employment Practice Commission. No person 15 shall. on the grounds of race, color, national origin or sex, be excluded from participation in, or be denied 16 the benefits of. or be subject to discrimination under any program or activity funded in whole or part with 17 funds made available under this Agreement. Any prohibition against discrimination on the basis of age 18 under the Age Discrimination Act of 1975 or with respect to any otherwise qualified handicapped 19 individuals as provided in Section 504 of the Rehabilitation Act of 1973 and the Americans with 20 Disabilities Act of 1990 shall also apply to any such program or activity. Any prohibition against 21 discrimination on the basis of religion or any exemption from such prohibition as provided in the Civil 22 Rights Act of 1964 or Title VIII of the Civil Rights Act of 1986 shall all apply to any such program or 23 activity. In the performance of this Agreement, the COUNTY shall not discriminate against any employee 24 or applicant for employment on the basis of race, sex, color, religious ancestry, national origin, age or 25 26 any physical or mental condition. This prohibition shall pertain to employment, upgrading, demotion or 27 transfer; recruitment advertising; layoff or termination; rate of pay and other forms of compensation; 28 7 of 13 selection for training, including apprenticeship; and any other action or inaction pertaining to employment 1 2 matters. The COUNTY will permit access by City, State and Federal agencies to its records of 3 employment, application forms and other pertinent data and records for the purpose of investigation to 4 ascertain compliance with this section of the contract. 5 IX. NONDISCRIMINATION 6 The COUNTY shall not employ discriminatory practices in admission of clients, employment of 7 personnel, or in any other respect on the basis of race, color, religion, national origin, ancestry, sex, age, 8 or physical or mental condition. 9 X. OTHER SOURCES OF INCOME 10 The COUNTY shall not bill the CITIES for any service, cost or expense for which the COUNTY 11 has been reimbursed by revenue, income or grants from any other source. 12 XI. RIGHT TO AUDIT 13 14 The CITIES shall have access to any books, documents, papers and records of the COUNTY 15 which any of them determine to be pertinent to this specific Agreement, for the purpose of making an 16 audit, evaluation, excerpts and transcripts. 17 XII. RETENTION OF FINANCIAL RECORDS 18 A. The COUNTY shall maintain and preserve all books, financial statements,journals, ledgers, 19 source documents and other financial records for a period of seven (7) years from the 20 termination of this Agreement and for such longer period as may be required by any applicable statute. 21 All financial records shall be kept or made available to the CITIES at the COUNTY's principal place of 22 business. Exceptions to the above provisions of this section must have prior written approval of 23 ADMINISTRATOR. 24 B. Records which relate to: 1) litigation of the settlement of claims rising out of the 25 26 performance of this Agreement, or 2) costs and expenses of this Agreement to which the CITIES take 27 28 8 of 13 exception shall be retained by the COUNTY until disposition of such appeals, litigation, claims, or 1 2 exceptions. 3 4 XIII. INTERNAL CONTROLS 5 The COUNTY shall maintain necessary written procedures establishing internal controls approved 6 by the County Auditor-Controller for its personnel and shall instruct all of its personnel in said procedures 7 and continuously supervise its operations to ensure compliance. 8 9 XIV. CONFIDENTIALITY 10 A. The CITIES agree to maintain the confidentiality of all juvenile record information pertaining 11 to all minors under the jurisdiction of the Juvenile Court, or the Juvenile Court Law of the State of 12 California when such records come into the possession of or are generated by the CITIES. 13 14 B. The CITIES, the CITIES' staff, and all agents and employees of the CITIES shall maintain 15 the confidentiality of such records in accordance with Orange County Juvenile Court's policy titled 16 Confidentiality and Release of Information dated January 28, 1997, and adopted in accordance with 17 Welfare and Institutions Code, Section 827, and all applicable statutes, court orders and case law. No 18 access, disclosure or release of such information shall be permitted except as authorized. If authorization 19 is in doubt, no such information shall be released without the prior approval and consent of the Judge 20 of the Juvenile Court. 21 C. Juvenile Record Information is understood to include all records and data which identifies 22 the subject of the information and associates him/her with any aspect of the administration of the Juvenile 23 Court Law of the State of California. Such information includes but is not limited to the subject's offense 24 history, social history, all information of a diagnostic or evaluative nature, and any other personal or 25 26 confidential data which can be traced to the individual, whether generated by the CITIES or not. 27 28 9 of 13 1 D. The CITIES agree to maintain the confidentiality of all records and information pertaining 2 to adult probationers. The CITIES, the CITIES' staff, and all agents and employees of the CITIES shall 3 maintain the confidentiality of all such records, access to which may be limited by Title 42 of the Code 4 of Federal Regulations, Welfare and Institutions Code Section 5328 et. seq., Title 28, Parts 20 and 22 5 or the Code of Regulations, California Penal Code Sections 1203.05, 1105-11081, 11105, 111407-441- 6 1140-44;6 13200-13202 and 13300-13305, or any other statute, court order or case law. No access, disclosure, 7 or release of such information shall be permitted except as authorized by statute, court order or other 8 lawful process. 9 E. Adult client information shall be understood to include all records and data which identifies 10 the subject of the information with the Criminal Justice System within the State of California. Such 11 information includes but is not limited to the subject's offense history, social history, all information of a 12 diagnostic or evaluative nature and any other personal or confidential data which can be traced to the 13 14 individual, whether generated by the CITIES or not. It shall be understood by the CITIES, the CITIES' 15 staff and all agents and employees of the CITIES, that unauthorized release of certain information as 16 specified by statute may render the CITIES or the CITIES' staff or any of the employees or agents of the I 17 ! CITIES liable for criminal and/or civil penalties. 18 F. All written materials pertaining to adult and juvenile clients shall be placed in a secure and 19 locked file when not in use and access to such materials shall be limited to specified authorized staff. 20 21 XV. INDEMNIFICATION 22 The COUNTY shall indemnify, hold harmless and defend the CITIES, its officers, agents and 23 employees from any and all claims, demands, loss or liability for injury, death or damage arising out of 24 the acts or omission to act by County agents or employees in carrying out this Agreement. The CITIES 25 shall indemnify, hold harmless and defend the County, its officers, agents and employees from any and 26 27 all claims, demands, loss or liability for injury, death or damages arising out of the acts or omission to 28 • . 10 of 13 1 act by the CITIES' agents or employees in carrying out this Agreement. Transmittal to the COUNTY by 2 the CITIES of any pleadings served shall be deemed to be a request to defend. This indemnification 3 shall commence on the effective date of this Agreement and shall continue thereafter for any and all 4 causes of action accruing during the term of this Agreement. 5 6 XVI. ALTERATION OF TERMS 7 The Agreement fully expresses the understanding of the COUNTY and the CITIES with respect 8 to the subject matter of this Agreement and shall constitute the total Agreement between the parties for 9 � these purposes. No additions to, or alteration of, the terms of this Agreement, whether written or verbal, 10 shall be valid unless made in writing and formally approved and executed by all parties. 11 12 XVII. DISTRIBUTION OF FORFEITED AND SEIZED ASSETS 13 14 A policy between the COUNTY and contract CITIES regarding the distribution of forfeited and 15 seized assets from drug enforcement activities does not currently exist. Once a policy is established and 16 approved by the CITIES and COUNTY, said policy will become a part of this contract by addendum. 17 XVIII. TERMINATION 18 A. Either party may terminate this Agreement, without cause, upon thirty (30) days written 19 notice given the other party. 20 B. Contingent Funding - Any obligation under this Agreement is contingent upon the continued 21 availability of funds for reimbursement of the CITIES' cost of services hereunder, and inclusion of 22 sufficient funding for the services hereunder in the CITIES' budget for the period July 1, 1998, through 23 June 30, 1999. In the event such funding is subsequently reduced or terminated, the respective CITY 24 may terminate this Agreement as between the respective CITY and COUNTY upon thirty (30) days 25 26 written notice given to COUNTY. 27 28 11 of 13 XIX NOTICES 1 2 Notices and payments made payable to the County of Orange shall be sent to the Probation 3 Department addressed as follows: 4 Chief Probation Officer County of Orange 5 909 N. Main Santa Ana, CA 92701 6 Notices shall be sent to the CITIES addressed as follows: 7 8 City of Dana Point 33282 Golden Lantern 9 Dana Point, CA 92629 Attention: City Manager 10 City of Laguna Niguel 11 27821 La Paz Road Laguna Niguel, CA 92656 12 Attention: City Manager 13 City of San Juan Capistrano 32400 Paseo Adelanto 14 San Juan Capistrano, CA 92675 15 Attention: City Manager 16 17 XX. THIRD PARTY RIGHTS 18 The parties intend not to create rights in, or to grant remedies to, any third party as beneficiary 19 of this Agreement or of any duty, covenant, obligation or undertaking established herein. 20 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly 21 authorized officers. 22 CITY OF DANA POINT 23 7 ^��_ 9� DATED: BY: 24 William L. Ossenmacher, Mayor 25 yin APPR V AS TO FORM: ATTES ,fir/ �. 26 Kathie Mendoza, City Clerk " 'e'a / 27 )ichele Vadon, City Attorney 28 12 of 13 CITY OF LAGUNA NIGUEL 2 DATED: Y: Linda Li m, Mayor 3 ATTE APPRO D AS T RM: 4 Juani ilia, City Clerk 5 Terry . Di o i y Atto ne 6 CITY OF SAN JUAN -CAPISTRANO 7 DATED: 171171,71 8 Gil Jon6s, Mayor 9 ATTEST: APPROVED AS TO FORM: Cheryl Johnson, gAy Cl&(k 10 11 Joh haw, City Attorney 12 COUNTY OF ORANGE 13 DATED. ` BY: u i ael chumacher, Ph.D. 14 Ch of Probation Officer 15 16 APPROVED AS TO FORM: 17 Laurence M. Watson, County Counsel 18 Orange County, California 19 20 DATED: 6 3 $ BY: (atio-11, eputy County Counsel 21 22 23 24 25 26 27 28 13 of 13 EXHIBIT A TO AGREEMENT BETWEEN THE COUNTY AND THE CITIES OF DANA POINT, LAGUNA NIGUEL, AND SAN JUAN CAPISTRANO FOR THE PROVISION OF GANG PREVENTION AND SUPPRESSION SERVICES JULY 1, 1998 THROUGH JUNE 30, 1999 I. PURPOSE The purpose of the Program is to coordinate the resources of Law Enforcement, Schools, and Probation in a joint program aimed at reducing gang-related incidents. A This will be accomplished by suppressing ongoing gang activity through intensive probation supervision. raising community awareness through community education programs, and preventing at-risk youth from entering gangs through referrals to counseling programs. B This Program will work in a cooperative relationship between Orange County Probation, Orange County Sheriff, and Unified School Districts within the cities of Dana Point, Laguna Niguel, and San Juan Capistrano. C A Deputy Probation Officer shall work in conjunction with Deputy Sheriffs in the supervision and enforcement of court orders for minors and adults on probation under the existing policy of the Orange County Probation Department and Superior and Municipal Courts. II. TARGET POPULATION Adults and minors who are on probation (Probationers) and whose primary residence is in Dana Point, Laguna Niguel, and San Juan Capistrano or whose criminal activity impacts the safety of South County citizens, and who display one or more of the following characteristics: A Claims gang membership, B Associates with known gang members, C. Committed an offense with a gang member, or D. Displays indications of at-risk behavior. 1 of 3 III. PROGRAM PROCESS A. Probationers who will potentially be supervised in the Gang Violence Suppression Program (GVS) will have his/her case screened for the gang identification criteria by the Supervising Probation Officer of the GVS Unit. Probationers who meet the criteria will be accepted into the unit and assigned to the South County Gang Deputy Probation Officer's caseload. Probation supervision will be conducted in the manner as prescribed by the policy and procedure of the Orange County Probation Department. When appropriate, referrals will be made for the Probationers and the Probationer's family to counseling agencies in the community to address specific needs which may be contributing to the gang lifestyle or other related problems. B Regular patrol operations of known gang hangouts will be conducted by the Deputy Probation Officer and designated Deputy Sheriff Officers. When probationers who are under search and seizure by the Court are identified in known gang areas, they will be approached and searched when appropriate. Gang associates will be identified and documented. Information gathered from these patrol operations will be utilized in the community education programs when appropriate. C. Case files and all documents pertaining to the program will be maintained in the office of the Deputy Probation Officer, and administrative documents regarding the performance of the program will be maintained in the office of the Supervisor of the Gang Violence Suppression Unit. Intelligence gathering and investigation of new crimes will be the responsibility of the Orange County Sheriff's Department. The Deputy Probation Officers main responsibility will be supervision of probationers and enforcement of court orders. IV. PROGRAM OBJECTIVES A. Provide intensive supervision of probationers who are involved with or suspected of gang-related activity. Intensive supervision requires a minimum of two face-to-face contacts per month and assessing all cases as high-risk. B. Provide increased level of probation supervision to a caseload which shall be no greater than 35 active cases through weekly, evening and daytime patrol of gang active areas. Active cases refers to cases not in custody. 2 of 3 C. Mobilize community resources which will assist in reducing gang activity by participating in task forces and linking families with available resources. D. Combine the resources of the Probation Department and the Orange County Sheriffs Department and to assist in educating the community about gangs and preventing at-risk youth from becoming gang members. E. Collect restitution and make job referrals when appropriate. V. SCOPE OF DUTIES - DEPUTY PROBATION OFFICER COUNTY shall provide one full-time Deputy Probation Officer II who shall be familiar with the role of Probation, law enforcement, schools, and communities in the delivery of the gang prevention and suppression services, and shall. A Be assigned probationers who have strong indications of gang association or gang membership B In coordination with a Deputy Sheriff, maintain frequent contacts with probationers, make contact with associate probationers, make arrests for probation violations, conduct search and seizures, and gather information on gang activity to be shared for suppression and prevention with other probation officers, law enforcement officers and school resources. C. Participate on task forces associated with the objectives of the program. D Perform other duties as required by the assignment. E. Work a minimum of 40 hours per week within a flexible schedule to appropriately accommodate program purposes and objectives. 3 of 3 EXHIBIT B TO AGREEMENT FOR PROVISION OF GANG PREVENTION AND SUPPRESSION SERVICES BETWEEN THE COUNTY OF ORANGE AND THE CITIES OF DANA POINT, LAGUNA NIGUEL, AND SAN JUAN CAPISTRANO JULY 1, 1998 THROUGH JUNE 30, 1999 CITY OF CITY OF CITY OF TOTAL BUDGET CATEGORY & LINE-ITEM DETAIL DANA LAGUNA SAN JUAN BUDGET POINT NIGUEL CAPISTR. FOR 113 113 113 1 DPO I. SALARIES & EMPLOYEE BENEFITS A. PERSONNEL SERVICES-SALARIES 1 DEPUTY PROBATION OFFICER II REGULAR SALARIES $16,715 $16.715 $16.715 $50,145 PREMIUM PAY (40 hrs/month) 193 193 193 579 ON CALL PAY (100 hrs./yr.) 201 201 201 603 TOTAL. SALARIES $17,109 $17,109 $17,109 551,327 B. PERSONNEL SERVICES-BENEFITS RETIREMENT 4 65% OF REG. SAL $777 $777 $777 $2.331 EMPLOYEE GROUP INSURANCE (EGI) @ 278/MO X 12 MAN/MO. 1.112 1,112 1,112 3,336 ADMIN OF EGI @ 2.5% 28 28 28 84 OCEA HEALTH BENEFITS @ 23 40/MAN-MO X 12 MAN-MO 94 94 94 282 UNEMPLOY INS 0 080io OF TOTAL SAL 14 14 14 42 WORKER'S COMPENSATION INSURANCE 1.82010 OF TOTAL SALARIES 311 311 311 933 MEDICARE 1 450/a OF REG SAL 242 242 242 726 TOTAL BENEFITS $2,578 $2,578 $2,578 $7,734 11. OPERATING EXPENSES COMMUNICATIONS $86/MO X 12 MOS $344 $344 $344 $1,032 OFFICE EXPENSE $75/MO x 12 MOS 300 300 300 900 TRANSPORTATION/TRAVEL/GENERAL $350/MO X 12 MOS 1 A 1,400 1.400 4,200 MAINTENANCE OF PAGING SYSTEM $4/MO X 12 MOS. 16 16 16 48 TOTAL OPERATING EXPENSES $2,060 $2,060 $2,060 $6,180 III. INDIRECT COST DEPARTMENTAL OVERHEAD $4,287 $4.287 $4,287 $12.861 22.22°/0 OF REG SALARIES & BENEFITS TOTAL INDIRECT COST $4,287 $4,287 $4,287 $12,861 TOTAL BUDGET (7198-6/99) 526,034 $26,034 $26,034 $78,102 Page 1 of 1