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1993-0301_ORANGE, COUNTY OF_AgreementAGREEMENT FOR PROVISION OF GANG PREVENTION AND SUPPRESSION SERVICES BETWEEN THE COUNTY OF ORANGE AND THE CITIES OF DANA POINT, LAGUNA HILLS, LAGUNA NIGUEL, AND SAN JUAN CAPISTRANO This AGREEMENT, which shall be in effect for 16 months commencing on March 1, 1993, is entered into by and between the COUNTY OF ORANGE, a political sub- division of the State of California, hereinafter referred to as the "COUNTY," and the cities of Dana Point, Laguna Hills, Laguna Niguel, and San Juan Capistrano hereinafter referred to as the "CITIES." This Agreement shall be administered by the Chief Probation Officer of the Orange County Probation Department, or his designee, hereinafter referred to as the "ADMINISTRATOR." 1. WHEREAS, the CITIES are desirous of contracting with the COUNTY for the provision of gang prevention and suppression for a specific Probation population within the geographical boundaries of the cities of Dana Point, Laguna Hills, Laguna Niguel , and San Juan Capistrano; and the unincorporated area of the Fifth Supervisorial District; and 2. WHEREAS, the CITIES have appropriated funds to enter into an Agreement with the COUNTY for said gang prevention and suppression services; and 3. WHEREAS, the COUNTY is willing and capable of providing a service addressing one or more of the objectives of the CITIES. NOW, THEREFORE, in consideration of mutual promises, covenants, and conditions hereinafter set forth, the parties agree as follows: I. DESCRIPTION OF SERVICES, STAFFING COUNTY agrees to provide those services, facilities, equipment and - I - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 0 supplies as described in the Exhibits A and B attached hereto and incorporated herein by reference. COUNTY shall operate continuously throughout the term of this Agreement with at least the minimum number and type of staff required for provision of services hereunder. Such personnel shall be qualified in accordance with all applicable statutes and regulations. COUNTY agrees to submit to CITIES a list of persons and any changes thereto, by name, title, professional degree and experience who are to provide such services. COUNTY further agrees to comply with all provisions, to perform all work and provide all services set forth in this Agreement in a professional, timely and diligent manner. Ii. PERIOD OF PERFORMANCE The effective date of this Agreement shall be March 1, 1993 through June 30, 1994. Services rendered and COUNTY'S right to incur obligations hereunder and is renewable annually upon mutual agreement of the parties. III. COMPENSATION The CITIES shall pay the COUNTY for services rendered hereunder in a sum not to exceed $96,783, payable on cost reimbursement basis upon submission of monthly claims, in accordance with payment procedures as detailed in Article IV. IV. FINANCIAL ACCOUNTABILITY COUNTY agrees to provide fiscal procedures adequate to assure accounting for the billing of costs to the CITIES under the Agreement in accordance with the COUNTY's general accounting policies, Audi tor -Control 1 er' s accounting policies and procedures. All claimed reimbursements will be supported with source documents retained by the COUNTY, including but not limited to time sheets, invoices, canceled checks, receipts and receiving records. The COUNTY agrees to reimburse the CITIES for expenditures determined to be in violation of the terms and conditions of this Agreement. - 2 - A. Allowable Costs All items of cost, actually incurred, which are provided for in the 2 appended budget, attached hereto as Exhibit B, shall be allowable 3 for payment. Any Program Costs or Administrative Costs that cannot 4 be charged directly to the Gang Prevention and Suppressions Program 5 must be apportioned based on a Cost Allocation Plan approved by the 6 COUNTY Auditor -Controller and must be certified by the 7 Administrator, or his designee. Such certification is subject to 8 audit as authorized in Section XI of this agreement. Allowable 9 costs shall be paid to the COUNTY in accordance with the major cost 10 categories and maximum amounts as provided for in the appended 11 contract budget. The maximum amount allowable for each of the major 12 cost categories (consisting of the totals for Personnel Services, 13 Services and Supplies and Indirect Costs) within the contract may be 14 adjusted provided that the overall budget and program goals and 15 objectives are not changed. Line items within major categories may 16 be adjusted up to ten percent (10%) cumulatively without prior 17 approval as long as the expenditures are reasonable, appropriate, 18 and necessary to achieve program objectives. 19 B. Allocation of Costs 20 Total actual costs billed by the COUNTY shall be borne equally by 21 the four CITIES, commencing March 1, 1993, without regard for how 22 much time or service is actually provided to each CITY. It is 23 expressly understood that the provision of gang prevention and 24 suppression services is a regional problem that must be dealt with 25 on a regional basis, the results of which will impact each CITY. 26 The region referenced above shall be the CITIES of Laguna Hills, 27 281 - 3 - 1-1 L 0 Laguna Niguel, San Juan Capistrano, and Dana Point. The COUNTY will not bill the CITIES for any services rendered outside of this region. C. Utilization and Payment of Funds COUNTY shall be reimbursed monthly in arrears for the actual costs incurred upon the submission of detailed invoices provided and submitted to the CITIES. The monthly invoices shall be submitted in such form and detail as required by the County Audi tor -Control I er and be accompanied by an affidavit signed by the COUNTY certifying the appropriateness of the costs claimed. All invoices shall be issued no later than 15 days after cost data for the previous month are available. CITIES must reimburse costs within thirty days of the invoice date. D. Late charges will be assessed to CITIES in the following situations: Over-the-counter payments will be assessed a late charge if any payment is not received by the COUNTY within thirty (30) days of the date of the invoice for which the payment is being rendered. Payments transmitted to the COUNTY via the U.S. Mail that have the CITY's postage meter mark will be assessed a late charge if any payment is not received within thirty-one (31) days of the date of the invoice for which the payment is being rendered. Payments transmitted to the COUNTY via the U.S. Mail that have a U.S. Post Office postmark dated after the date of the invoice for which the payment is being rendered will be assessed a late charge. - 4 - The late charge assessed in each of the above situations shall be I thee -quarters of the one percent (0.75%) of the payment due and 2 unpaid, plus $100.00 for late payments made within thirty (30) days 3 after the payments are due. An additional charge of three-quarters 4 of one percent (0.75%) of said payment shall be added for each 5 additional thirty (30) day period that the payment remains unpaid. 6 Late charges shall be added to the payment due and invoiced to the 7 8 CITIES in accordance with Article IV, Section C. Any invoices and 9 applicable late charges remaining unpaid after ninety (90) days after the invoice date may result in the COUNTY's Audi tor -Control I er 10 deducting from money held on deposit with the COUNTY Treasurer for 11 the CITY in accordance with Government Code Section 907 and any 12 other applicable provision of law. 13 E. Early payments received by the COUNTY from the CITIES shall be 14 entitled to a discount of one-quarter of one percent (0.25%), if 15 payment is received by the COUNTY within eleven (11) days of the 16 17 date of the invoice. CITIES may take credit for the discount in the current payment. 18 However, if a discount is taken inappropriately, COUNTY shall notify 19 the CITY immediately that the discount should not have been taken 20 and that the balance is due within thirty (30) days of the invoice 21 date, subject to late charges, pursuant to Article IV, Section D., 22 if the balance is not paid in this frame. 23 F. The COUNTY shall have sixty (60) days from the end of the contract 24 period to liquidate all program obligations incurred during said 25 contract period. The COUNTY shall then submit the final claim for 26 reimbursement within sixty (60) days of the end of the contract. 27 28 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 0 0 The CITIES shall not be liable for any claims submitted beyond sixty (60) days of the end of the contract. G. Eouipment Equipment is nonexpendable personal property, having a useful life of in excess of four years and a unit acquisition cost of $1,000 or more including tax and installation. All equipment purchased with CITY funds is the property of the COUNTY. COUNTY will be responsible for the replacement of all equipment after their useful life is exhausted. V. RROGRAM ADMINISTRATOR The ADMINISTRATOR shall have full authority to act for the COUNTY in the implementation of this Agreement pursuant to the provisions of the contract herein, California State law and Board actions and regulations adopted hereunder. The ADMINISTRATOR hereby appoints the supervisor of the Gang Suppressions Unit to supervise and oversee the daily operation and administration of the contract, not inconsistent with the provisions contained herein. VI. DISPUTES A. When the COUNTY and the CITIES fail to agree as to whether or not any work is within the scope of the contract requirements, the CITIES shall within 15 calendar days provide the COUNTY with a written protest specifying in detail what particulars the contract requirements were not fulfilled, and the proposed remedy. B. The ADMINISTRATOR agrees to furnish a written decision within 30 County working days after receipt of such protest. VII. STATUS OF COUNTY COUNTY is and at all times shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which it performs the services 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 required of it by the terms of this Agreement. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between the COUNTY and the CITIES. The COUNTY assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment. The COUNTY, its agents, and employees shall not be entitled to any rights and privileges of CITY employees and shall not be considered in any manner to be CITY employees. VIII. AFFIRMATIVE ACTION The COUNTY shall maintain an Affirmative Action Program Plan including the setting of goals and timetables for minority employment which meet the requirements of the Federal Equal Employment Opportunity Commission and the State of California Fair Employment Practice Commission. No person shall, on the grounds of race, color, national origin or sex, be excluded from participation in, or be denied the benefits of, or be subject to discrimination under any program or activity funded in whole or part with funds made available under this Agreement. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to any otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity. Any prohibition against discrimination on the basis of religion or any exemption from such prohibition as provided in the Civil Rights Act of 1964 or Title VIII of the Civil Rights Act of 1986 shall all apply to any such program or activity. In the performance of this Agreement, the COUNTY shall not discriminate against any employee or applicant for employment on the basis of race, sex, color, religious ancestry, national origin, age or as an otherwise qualified handicapped individual. This prohibition shall pertain to employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rate of pay and other forms of compensation; selection for training, including apprenticeship; and any other action or inaction pertaining to employment - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281 matters. The COUNTY will permit access by City, State and Federal agencies to its records of employment, application forms and other pertinent data and records for the purpose of investigation to ascertain compliance with this section of the contract. IX. NONDISCRIMINATION The COUNTY shall not employ discriminatory practices in admission of clients, employment of personnel, or in any other respect on the basis of race, color, religion, national origin, ancestry, sex, age, or physical or mental handicap. X. OTHER SOURCES OF INCOME The COUNTY shall not bill the CITIES for any service, cost or expense for which the COUNTY has been reimbursed by revenue, income or grants from any other source. XI. RIGHT TO AUDIT The CITIES shall have access to any books, documents, papers and records of the COUNTY which any of them determine to be pertinent to this specific Agreement, for the purpose of making an audit, evaluation, excerpts and transcripts. XII. RETENTION OF FINANCIAL RECORDS The COUNTY shall maintain and preserve all books, financial statements, j . ournals, ledgers, source documents and other financial records for a period of seven (7) years from the termination of this Contract and for such longer period as may be requi . red by any applicable statute. All financial records shall be kept or made available to the CITIES at the COUNTY's principal place of business. Exceptions to the above provisions of this section must have PRIOR WRITTEN APPROVAL OF THE ADMINISTRATOR. Records which relate to: 1) litigation of the settlement of claims rising out of the performance of this Agreement, or 2) costs and expenses of this Agreement to which the CITIES take exception shall be retained by the COUNTY until disposition of such appeals, litigation, claims, or exceptions. XIII. INTERNAL CONTROLS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 1 0 0 The COUNTY shall maintain necessary written procedures establishing internal controls approved by the County Audi tor -Control 1 er for its personnel and shall instruct all of its personnel in said procedures and continuously supervise its operations to ensure compliance. A Memorandum of Understanding specifying the responsibilities of the CITIES and the COUNTY exists and is on file for review. XIV. CONFIDENTIALITY The CITIES agree to maintain the confidentiality of all juvenile record information pertaining to all minors under the jurisdiction of the Juvenile Court, or the Juvenile Court Law of the State of California when such records come into the possession of or are generated by the CITIES. The CITIES, the CITIES' staff, and all agents and employees of the CITIES shall maintain the confidentiality of such records in accordance with Orange County Juvenile Court's policy titled Confidentiality and Release of Information dated November 6, 1986, and adopted in accordance with Welfare and Institutions Code, Section 827, and all applicable statutes, court orders and case law. No access, disclosure or release of such information shall be permitted except as authorized. If authorization is in doubt, no such information shall be released without the prior approval and consent of the Judge of the Juvenile Court. Juvenile Record Information is understood to include all records and data which identifies the subject of the information and associates him/her with any aspect of the administration of the Juvenile Court Law of the State of California. Such information includes but is not limited to the subject's offense history, social history, all information of a diagnostic or evaluative nature, and any other personal or confidential data which can be traced to the individual, whether generated by the CITIES or not. The CITIES agree to maintain the confidentiality of all records and information pertaining to adult probationers. The CITIES, the CITIES' staff, and all 1 agents and employees of the CITIES shall maintain the confidentiality of all such 2 records, access to which may be limited by Title 42 of the Code of Federal Regulations, 3 Welfare and Institutions Code Section 5328 et. seq., Title 28, Parts 20 and 22 or the 4 Code of Regulations, California Penal Code Sections 1203.05, 1105-11081, 11105, 11140- 5 44, 13200-13202 and 13300-13305, or any other statute, court order or case law. No 6 access, disclosure, or release of such information shall be permitted except as 7 authorized by statute, court order or other lawful process. 8 Adult client information shall be understood to include all records and 9 data which identifies the subject of the information with the Criminal Justice System 10 within the State of California. Such information includes but is not limited to the 11 subject's offense history, social history, all information of a diagnostic or 12 evaluative nature and any other personal or confidential data which can be traced to 13 the individual, whether generated by the CITIES or not. It shall be understood by the 14 CITIES, the CITIES' staff and all agents and employees of the CITIES, that 15 unauthorized release of certain information as specified by statute may render the 16 CITIES or the CITIES' staff or any of the employees or agents of the CITIES liable for 17 crimi . nal and/or civil penalties. 18 All written materials pertaining to adult and juvenile clients shall be 19 placed in a secure and locked file when not in use and access to such materials shall 20 be limited to specified authorized staff. Xv. INDEMNIFICATION 21 22 The COUNTY shall indemnify, hold harmless and defend the CITIES, its 23 officers, agents and employees from any and all claims, demands, loss or liability for 24 injury , death or damage arising out of the acts or omission to act by County agents or 25 employees in carrying out this Agreement. CITIES shall indemnify, hold harmless and defend the County, its officers, agents and employees from any and all claims, demands, 26 27 loss or liability for injury, death or damages arising out of the acts or omission to 28 10 - 1 act by CITIES agents or employees in carrying out this Agreement. Transmittal to the 2 COUNTY by the CITIES of any pleadings served shall be deemed to be a request to defend. 3 This indemnification shall commence on the effective date of this Agreement and shall 4 continue thereafter for any and all causes of action accruing during the term of this 5 Agreement. 6 XVI. CONTRACT MODIFICATIONS, CHANGES OR AMENDMENTS 7 This Contract constitutes the entire Agreement between the COUNTY and the 8 CITIES and may be modified only by further written agreement between the CITIES and the 9 ADMINISTRATOR. Unless modified by all parties to this agreement, future agreements 10 shall be under the same terms and conditions subject to budget adjustments related to 11 salary, benefit, or reimbursement charges. 12 XVII. QUARTERLY PROGRESS REPORTS 13 The COUNTY shall submit weekly or monthly updates upon request as well as 14 quarterly progress reports to the CITIES. 15 XVIII. DISTRIBUTION OF FORFEITED AND SEIZED ASSETS 16 A policy between the COUNTY and contract CITIES regarding the distribution 17 of forfeited and seized assets from drug enforcement activities does not currently 18 exist. Once a policy is established and approved by the CITY and COUNTY, said policy 19 will become a part of this contract by addendum. XIX. CONTINGENT FUNDING 20 21 Any obligation of the CITIES under this Agreement is contingent upon the 22 continued availability of funds for reimbursement of CITIES' cost of services 23 hereunder, and inclusion of sufficient funding for the services hereunder in the 24 CITIES' budgets for the period March 1, 1993, through June 30, 1994. XX. NOTICES 25 26 Noti . ces and payments made payable to the County of Orange shall be sent to 27 the Probation Department addressed as follows: 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 Chief Probation Officer County of Orange 909 N. Main Santa Ana, CA 92701 Notices shall be sent to the CITIES addressed as follows: Laguna Niguel Dana Point 27821 La Paz Road 33282 Golden Lantern Laguna Niguel, CA 92656 Dana Point, CA 92629 Att: City Manager Att: City Manager San Juan Capistrano Laguna Hills 32400 Paseo Adelanto 25201 Paseo De Alicia, Suite 150 San Juan Capistrano, CA 92675 Laguna Hills, CA 92653 Att: City Manager Att: City Manager IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers. CITY 0 A UNA NIGUEL By:�k� APP VED(A�TO FORM: a� I DATED: J-� -S CITY OF DAN OINT ATTEST BY Katherine M. HollywoM, City Clerk Karen Lloreda, Mayor - 12 - ED AS TO.EORM: �= M Gi&�� Alhr Patterson, City Attorn—ey V rVM - 0 0 D AT E D /0 67 f-3 CITY OF CAP RANO ATTEST 2�L �- B: i Cheryl JoMson4�Ulty C�Ierk "Q�fi`es, Mayor AOROVED AS TO FORM: V 4V 5� DATED:- CITY OF V4UNA HILLS ATTEST BY l4ary A,.,//Carl son, City Clerk I—an SongstadAr. Vllayor/-- XGSP APPROV�A 0 Lois E. ief'-FC-47Ay��tit]� Attorney COUNTY OF ORANGE r BY X24-t�� Mi�hA�Ll A. Schumacher, Ph.D. Chie Probation Officer APPROVED AS TO FORM Terry C. Andrus, County Counsel BY ZwL2az�i�� DATED (-� Deputy - 13 - 0 0 EXHIBIT A TO AGREEMENT BETWEEN THE COUNTY AND THE CITIES OF LAGUNA HILLS, DANA POINT, LAGUNA NIGUEL, AND SAN JUAN CAPISTRANO FOR THE PROVISION OF GANG PREVENTION AND SUPPRESSION SERVICES 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 Laguna Hills, Laguna Niguel, Dana Point, and San Juan Capistrano, and the unincorporated areas within the Fifth Supervisorial District. C. Under the supervision of the Supervising Probation Officer of the Gang Violence Suppressions Unit, a Deputy Probation Officer shall work in conjunction with a designated Deputy Sheriff in the supervision and enforcement of court orders for PROBATIONERS under the existing policy of the Orange County Probation Department and Orange County Sheriff's Department. The Deputy Sheriff and Probation team will work in conjunction with a designated school resource gang prevention - 1 - coordinator to develop gang prevention strategies and gang education seminars. TARGET POPULATION A. ADULT AND JUVENILE PROBATIONERS whose primary residence is in Laguna Hills, Laguna Niguel, San Juan Capistrano, Dana Point, and the remaining unincorporated areas of the Fifth District, and who display one or more of the following characteristics: - Claims gang membership - Associates with known gang members - Committed an offense with a gang member or, - Displays indications of GANG at risk behavior. GEOGRAPHICAL AREA PROBATIONERS served by the program shall have as their primary residence Laguna Hills, San Juan Capistrano, Dana Point, Laguna Niguel and the unincorporated areas of the Fifth District served by the South Orange County Sheriff's Office. PROGRAM PROCESS 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 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 prescribed by the policy and procedure of the Orange County Probation Department. When appropriate, referrals will be made for the PROBATIONER 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. Regular contacts with the schools will be conducted and documented. The PROBATIONER will remain in the Gang Probation Officer's caseload during the entire period of probation. This special supervision will be aimed at maintaining continuity of care for the probationer and family. Regular patrol operations of known gang hangouts will be conducted by the Deputy Probation Officer and Deputy Sheriff Team. 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. 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 Officer's main responsibility will be TO SUPERVISE AND ENFORCE PROBATIONER'S COURT ORDERS. PROGRAM OBJECTIVES A. To provide intensive supervision of probationers who are involved with or - 3 - 0 0 suspected of gang -related activity. B To provide increased level of probation supervision to a caseload which shall be no greater than 35 active cases. C. To mobilize community resources which will assist in reducing gang activity. D. To combine the resources of the Probation Department, Sheriff's Department and Schools to assist in educating the community about gangs and preventing at -risk youth from becoming gang members. E. To participate in the South County Gang Awareness and Prevention Task Force initiated by The Honorable Thomas F. Riley by convening representatives from law enforcement, elected officials, schools, probation and community leaders for regularly scheduled meetings. F. To collect restitution and make job referrals when appropriate. HOURS OF OPERATION The Orange County Probation Department will work a minimum of 40 hours per week within a flexible schedule to appropriately accommodate program purposes and objectives. STAFF The Orange County Probation Department will provide one full-time Deputy Probation Officer II to perform probation officer tasks and team with a Deputy Sheriff. The - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17J r L-1 Deputy Probation Officer will have a minimum of three years experience in working with gang members. The Deputy Probation Officer will be a journeyman officer familiar with the role of Probation, law enforcement, schools, and communities in the delivery of the gang prevention and suppression program. SCOPE OF DUTIES - DEPUTY PROBATION OFFICER 1. The Deputy Probation Officer will be assigned probationers for supervision who have been GRANTED FORMAL PROBATION and have strong indications of gang association or gang membership. 2. In coordination with a Deputy Sheriff, will maintain frequent contacts with probationers, will make contact with associate probationers, will make arrests for probation violations, will conduct search and seizures and will gather information on gang activity to be shared for suppression and prevention with other probation officers, law enforcement officers and school resources. 3. Conduct community education seminars and workshops for school staff, PTA's, neighborhood and parent groups on early gang identifiers and methods of prevention, suppression and security. 4. In an effort towards gang prevention, siblings and associates of gang members contacted during suppression activities will be evaluated as to any needed gang prevention information and counseling referrals. Regular contacts with school officials will be made to exchange information about gang incidents in and around the schools affecting the planning and - 5 - 1 1. 0 0 delivery of preventive strategies. 5. Will participate on all task forces associated with the objectives of the program. 6. Will perform other duties as required by the assignment. SCOPE OF DUTIES - DEPUTY SHERIFF 1. A Deputy Sheriff from the Career Criminal Apprehension Team (C -CAT) will be assigned to investigate and suppression street gang activity. A deputy probation officer from Probation's Gang Unit will be teamed with the Deputy Sheriff to assist and enhance overall gang suppression. 2. In coordination with the Probation partner, the Deputy Sheriff will regularly patrol known gang congregating areas, respond to and investigate gang -related incidents, maintain frequent contacts with probationers, conduct probation search and seizures, make arrests, and gather information relevant to the suppression of gang activity. 3. The Deputy Sheriff will facilitate the dissemination of gang awareness information to the community as required. 4. The Deputy Sheriff will maintain accurate records of gang suppression activity relative to the program and submit timely reports as required. SUPERVISION 2 3 Supervision of the Deputy Probation Officer will be the responsibility of the 4 Supervising Probation Officer within the Juvenile Field Services Division, managed by 5 a Probation Division Director. 6 7 Supervision of the Deputy Sheriff will be the responsibility of the Sergeant of the 8 Sheriff's Career Criminal Apprehension Team within the Special Investigations Division 9 directed by Captain Tim Simon. 10 11 PROGRAM EVALUATION AND MONITORING 12 13 A. The Probation Division Director managing Juvenile Field Services shall perform 14 site visits on a regular basis to monitor overall activities of the program. 15 16 B. The Gang Unit Sheriff and Probation team shall provide a weekly update of gang 17 incidents to the Sergeant of the C -CAT Unit for inclusion to the Sheriff's 18 Department existing weekly reports to the cities as needed. 19 20 C. The Sergeant of the C -CAT team and the Supervising Probation Officer of the Gang 21 Violence Suppression Unit will jointly prepare a monthly report of the teams' activities for the cities as needed. 22 23 24 D. The County shall provide quarterly statistical and progress reports of gang 25 prevention and suppression activities to the cities of Dana Point, San Juan 26 Capistrano Laguna Hills and Laguna Niguel. Each quarterly report shall include 27 an evaluation of the program's operations and performance. The method of 28 7 WOM evaluation shall be in accordance with current Probation Department's evaluation procedures modeled after the Office of Criminal Justice Planning, Gang Violence Suppression Program. The office of Criminal Justice Planning has funded numerous gang suppression and prevention programs and has established guidelines for program data collection and evaluation. M&M EXHIBIT B ORANGE COUNTY PROBATION DEPARTMENT BUDGET FOR SOUTH COUNTIES GVS 3/01/93 TO 6/JO/94 BUDGET CATEGORY AND LINE -ITEM DETAIL AMOUNT 1. PERSONNEL SERVICES A. SALARIES 1 DEPUTY PROBATION OFFICER 11 $62,388 $3,786/mo. X 4 mos. $3,937/mo. X 12 mos. TOTAL SALARIES $62,388 B. EMPLOYEE BENEFITS 1. RETIREMENT 2.55% OF SALARIES (3/9j to 6/93) $J86 9.35% OF SALARIES (7/93 TO 6/94) 4,417 2. EMPLOYEE GROUP INSURANCE • $271/MO. X 9 MOS.(3/93-11/93) 2,439 • $307/MO. X 7 MOS.(12/93-6/94) 2,149 OCEA HEALTH BENEFITS @ $2j.40/MAN-MO. X 16 MAN -MO. 374 4. UNEMPLOYMENT INSURANCE @ 0.11% OF SALARIES 69 5. WORKERS COMPENSATION @ 4.69% OF SALARIES 2,926 TOTAL BENEFITS $12,760 TOTAL SALARIES & BENEFITS $75,148 11. SERVICES & SUPPLIES 1. COMMUNICATIONS $120/MO. X 16 MOS. $1,920 2. OFFICE EXPENSES $85/MO. X 16 MOS. 1,360 3. ADMINISTRATION OF GROUP INS. @ 2.5% OF EGI 115 4. TRAVEL $350/MO. X 16 MOS. 5,600 5. RENTAL OF CELULLAR PHONE $9/MO. X 16 MOS. 144 TOTAL SERVICES & SUPPLIES $8,995 III. INDIRECT COST 1. DEPARTMENTAL OVERHEAD 16.82% OF SALARIES & BENEFITS $12,640 TOTAL INDIRECT COST S12,640 TOTAL OPERATING BUDGET 31193 TO 6/30/9 $96,7S3 26-Jan-93:SOGVS94.WK1 E 0 It was moved by Council Member Campbell, seconded by Council Member Hausdorfert and unanimously carried that no further action be taken on this item until issues with signage have been resolved. Council recessed at 8:45 p.m. to convene the San Juan Capistrano community Redevelopment Agency, and reconvened at 8:47 p.m. CITY MANAGER 1. A,PP1.?OVAZ.GF_SI)Ww, 4%QTD%-r.X7.-- %A T -*W ENFOW77�"MW SERVICES AgREEMENT (COUNTY OF ORANGE) (600,50) Written Communication: Report dated March 2, 1993, from the Senior Management Assistant, recommending approval of a Sixth Amendment to the Law Enforcement Services Agreement with the Sheriff's Department to provide a mechanism for allowing the Sheriff's Department to provide services for non -routine special events which are above and beyond the scope of the basic agreement. An2roval of Amendment: It was moved by Council Member Campbell, seconded by Council Member Vasquez, and unanimously carried that the Sixth Amendment to Agreement between the City of San Juan Capistrano and the County of Orange be approved for non-routino special activities or events beyond those provided in the basic agreement. 2. E9NEWAL OF AGREE14ENT FOR SOUTH COUNTY ANG SUPPRESSION awntrVI've nn^a&MV^W ten^ Zn% Written Communication: I Report dated March 2, 1993, from the City Manager, recommending approval of a now agreement for gang suppression services by the County Probation Department and the Sheriff's Department in South County cities. The now term would run fros March 1, 1993, through June 30, 1994, and the City's share of the program for this period is estimated to be $24,196. Azwroval of Aareament: it was moved by Council Member Campbell, seconded by Council Member Vasquez, and unanimously carried that the Agreement for Provision of Gang Prevention and Suppression Services between the county of orange and the Cities of Dana Point, Laguna Hills, Laguna Niguel, and San Juan Capistrano be approved in City Council Minutes _10- 3/2/93 3. the total amount of $96,783, for the term beginning march 1, 1993, and ending June 30, 1994. Written Communication: Report dated March 2, 1993, from the City Manager, recommending that the terms and conditions of employment for Classified Employees for fiscal year 1992-93 be unilaterally implemented since the City and the Association have not reached agreement about salary issues and are at impasse. The report advised the Association had requested implementation of the items where tentative agreement had been reached. The basic benefits such as salaries, health insurance, and retirement costs will be held at the level approved in fiscal year 1991-92. Resolution Unilaterally Im2lementing Terms and Conditions of Employment: It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, that the following Resolution be adopted: EMPLOYEES (1992 3 FISCAL YEARI - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, UNILATERALLY IMPLEMENTING TERMS AND CONDITIONS OF EMPLOYMENT FOR CLASSIFIED EMPL40YEES (1992-93 FISCAL YEAR) The motion carried by the following vote: AYES: Council members Campbell, Hausdorfer; Nash, Vasquez, and Mayor Jones NOES: None ASSENT: None Resolution Amending the Personnel Rules and Reculations: It was moved by council Member Hausdorfer, seconded by Council Member Vasquez, that the following Resolution be adopted: City Council minutes -11- 3/2/93 AGENDA ITEM March 2, 1993 TO: Honorable Mayor and City Council FROM: George Scarborough, City Manager SUBJECT: Agreement for Provision of Gang Suppression Services by County Probation Department and Sheriff Is Department in South County Cities Approve the Agreement for Provision of Gang Prevention and Suppression Services Between the County of orange and the Cities of Dana Point, Laguna Hills, Laguna Niguel, and San Juan Capistrano. In February, 1991 the City of San Juan Capistrano entered into an agreement with the County of Orange and the cities of Dana Point and Laguna Niguel, creating the South Orange County Gang Prevention and Suppression Program. This agreement has remained in effect since that time, and the City of Laguna Hills has also been added as a participating community. The current agreement for services expired on February 27, 1993. At this time, staff recommends City Council approval of a new agreement, set to run from March 1, 1993 to June 30, 1994, a term of sixteen months. (Attachment) The reason for the somewhat unusual length of the agreement is to allow it to run concurrently with the fiscal year and simplify budgeting. Program Background The South Orange County Gang Prevention and Suppression Program initiated the Gang Awareness and Suppression Team consisting of a Sheriff's Deputy and a Probation Officer. For the last two years this team has been responsible for dealing with all existing gangs and gang activity in the Cities of Dana Point, Laguna Niguel and San Juan Capistrano and in the surrounding unincorporated area. The Gang Awareness and Suppression Team supervises all gang probationers currently living in the participating cities and surrounding unincorporated areas. These individuals are supervised using special gang terms and conditions of probation. These terms and conditions of probation are targeted at restricting the criminal and assaultive behavior of the gang member. Examples of these terms and conditions are an 8:00 p.m. to 5:00 a.m. curfew, search and seizure, prohibition of association with other gang FOR CITY COUNCIL AGE[4� .. 6 t_b members and restriction from specific areas where gangs might congregate. The search and seizures authorized by the terms and conditions of probation allow search and seizures on a routine and regular basis, without waiting for the process to obtain a warrant. this close supervision of the gang probationer also allows for contact and suppression of activities of other gang members and potential gang members. In working the active gang members, the team is also developing intelligence information of the gang's activities. This information is used by the Sheriff's Department to assist in resolving gang assaults or other criminal activity and is used by the schools to assist them in confronting and preventing gang activity at the schools. By working together the teaming of the Probation Department and the Sheriff's Department has created a situation providing exceptional access to the gang members in any situation or setting. The technique of suppression also has a deterrent effect on potential or future gang members who witness the effectiveness of the program. The program serves to interrupt the active gang recruitment process and demonstrates that the community does not condone nor will allow gang activity. Staff recommends continued participation in this program and requests the City Council approve the attached agreement. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not applicable The City's share of the agreement from February 28, 1992 to February 27, 1993 was $23, 127. This represented a per month cost of $1,927. Costs for the program are shared between participating cities and the County. The cities equally share in the cost to fund the Deputy Probation officer. The County contributes the services of the Deputy Sheriff. The total cities' share of the program for March 1993 through June 1994 is estimated to be $$96,783. The details of this cost are included in the budget, attached to the Agreement as Exhibit B. This cost is shared equally by the four cities, regardless of size or program activity. San Juan Capistrano's share is $$24,196. on a monthly basis, this averages $1,512 for sixteen months. Funds to support this contract are available through our share of Regional Narcotics Suppression Program (RNSP) funds. Use of RNSP funds is restricted to programs such as this. Funds to support this contract for the remainder of this fiscal year were included in the 1992-93 operating budget. Funds will also be included in the 1993-94 operating budget to support the contract activity next year. 0 0 PUBLIC NOTIFICATION: Not Applicable ALTERNATE ACTIONS: 1. Approve the Agreement for Provision of Gang Prevention and suppression services between the County of Orange and the Cities of Dana Point, Laguna Niguel, Laguna Hills and San Juan Capistrano. 2. Request additional information from staff. RECOMMENDATIO : Approve the Agreement for Provision of Gang Prevention and Suppression Services Between the County of Orange and the Cities of Dana Point, Laguna Hills, Laguna Niguel, and San Juan Capistrano. submitted, GS:JMM: