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
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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.
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A. Allowable Costs
All items of cost, actually incurred, which are provided for in the
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appended budget, attached hereto as Exhibit B, shall be allowable
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for payment. Any Program Costs or Administrative Costs that cannot
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be charged directly to the Gang Prevention and Suppressions Program
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must be apportioned based on a Cost Allocation Plan approved by the
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COUNTY Auditor -Controller and must be certified by the
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Administrator, or his designee. Such certification is subject to
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audit as authorized in Section XI of this agreement. Allowable
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costs shall be paid to the COUNTY in accordance with the major cost
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categories and maximum amounts as provided for in the appended
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contract budget. The maximum amount allowable for each of the major
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cost categories (consisting of the totals for Personnel Services,
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Services and Supplies and Indirect Costs) within the contract may be
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adjusted provided that the overall budget and program goals and
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objectives are not changed. Line items within major categories may
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be adjusted up to ten percent (10%) cumulatively without prior
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approval as long as the expenditures are reasonable, appropriate,
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and necessary to achieve program objectives.
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B. Allocation of Costs
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Total actual costs billed by the COUNTY shall be borne equally by
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the four CITIES, commencing March 1, 1993, without regard for how
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much time or service is actually provided to each CITY. It is
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expressly understood that the provision of gang prevention and
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suppression services is a regional problem that must be dealt with
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on a regional basis, the results of which will impact each CITY.
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The region referenced above shall be the CITIES of Laguna Hills,
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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.
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The late charge assessed in each of the above situations shall be
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thee -quarters of the one percent (0.75%) of the payment due and
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unpaid, plus $100.00 for late payments made within thirty (30) days
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after the payments are due. An additional charge of three-quarters
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of one percent (0.75%) of said payment shall be added for each
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additional thirty (30) day period that the payment remains unpaid.
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Late charges shall be added to the payment due and invoiced to the
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CITIES in accordance with Article IV, Section C. Any invoices and
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applicable late charges remaining unpaid after ninety (90) days
after the invoice date may result in the COUNTY's Audi tor -Control I er
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deducting from money held on deposit with the COUNTY Treasurer for
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the CITY in accordance with Government Code Section 907 and any
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other applicable provision of law.
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E. Early payments received by the COUNTY from the CITIES shall be
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entitled to a discount of one-quarter of one percent (0.25%), if
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payment is received by the COUNTY within eleven (11) days of the
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date of the invoice.
CITIES may take credit for the discount in the current payment.
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However, if a discount is taken inappropriately, COUNTY shall notify
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the CITY immediately that the discount should not have been taken
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and that the balance is due within thirty (30) days of the invoice
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date, subject to late charges, pursuant to Article IV, Section D.,
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if the balance is not paid in this frame.
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F. The COUNTY shall have sixty (60) days from the end of the contract
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period to liquidate all program obligations incurred during said
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contract period. The COUNTY shall then submit the final claim for
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reimbursement within sixty (60) days of the end of the contract.
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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
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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
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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
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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
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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,
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27 loss or liability for injury, death or damages arising out of the acts or omission to
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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
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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
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26 Noti . ces and payments made payable to the County of Orange shall be sent to
27 the Probation Department addressed as follows:
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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
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ED AS TO.EORM:
�= M Gi&��
Alhr Patterson, City Attorn—ey
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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11 PROGRAM EVALUATION AND MONITORING
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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.
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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: