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1992-0701_ORANGE ,COUNTY OF_Agreement0 0 FIRST AMENDMENT 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 The AGREEMENT between the COUNTY and the above referenced CITIES, which was entered into effective February 28, 1992, is hereby amended with an effective date of July 1, 1992, to add the City of Laguna Hills. Therefore, the definition of CITIES included in the contract shall be amended by the addition of the City of Laguna Hills, and all reference to three CITIES shall now be changed to read four CITIES. Section XIX shall be amended to add the following address for the mailing of notices and payments: Laguna Hills 25201 Paseo Be Aliera, Suite 150 Laguna Hills, Ca 92653 Attn: City Manager IN WITNESS WHEREOF, the parties hereto have executed this amendment by their duly authorized officers. DATED: DeJo ber 2(), 1 � q')-- ATU DATED: ATTEST: m ,k" Katherine M. Holl ood City Clerk CITY OF LAGUNA NIGUEL Bir`�'� v VVWn Thomas Wilson, APPROVED AS TO FORM: I CITY OF IDANA POINT !a �Karen Llorede, Mayor �� APPROVED AS TO FORM: rr Patterson, City Attorney -1- 0 E FIRST AMENDMENT 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 The AGREEMENT between the COUNTY and the above referenced CITIES, which was entered into effective February 28, 1992, is hereby amended with an effective date of July 1, 1992, to add the City of Laguna Hills. Therefore, the definition of CITIES included in the contract shall be amended by the addition of the City of Laguna Hills, and all reference to three CITIES shall now be changed to read four CITIES. Section XIX shall be amended to add the following address for the mailing of notices and payments: Laguna Hills 25201 Paseo Be Aliera, Suite 150 Laguna Hills, Ca 92653 Attn: City Manager IN WITNESS WHEREOF, the parties hereto have executed this amendment by their duly authorized officers. DATED: l>c'j b?( �0,'f''9 / CITY OF LAGUNA NIGUEL A ATTE! DATED: IOI� 1�a ATTEST:b— Katherine M. Hol ood City Clerk -1- AS TO FORM: Dixo , CITY Off' DANA POINT Karen LloredA, Mayor APPROVED AS TO FORM: 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 0 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 This AGREEMENT, which shall be in effect for one year commencing on February 28, 1992, 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 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 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 supplies as described in the Exhibits A and B attached hereto and - 1 - I incorporated herein by reference. COUNTY shall operate continuously 2 throughout the term of this Agreement with at least the minimum number and 3 type of staff required for provision of services hereunder. Such 4 personnel shall be qualified in accordance with all applicable statutes 5 and regulations. COUNTY agrees to submit to CITIES a list of persons and 6 any changes thereto, by name, title, professional degree and experience 7 who are to provide such services. COUNTY further agrees to comply with 8 all provisions, to perform all work and provide all services set forth in 9 this Agreement in a professional, timely and diligent manner. 10 II. PERIOD OF PERFORMANCE 11 The effective date of this Agreement shall be February 28, 1992 through 12 February 27, 1993. Services rendered and COUNTY'S right to incur obligations hereunder 13 and is renewable annually upon mutual agreement of the parties. 14 III. COMPENSATION 15 The CITIES shall pay the COUNTY for services rendered hereunder in a sum 16 not to exceed $69,380, payable on cost reimbursement basis upon submission of monthly 17 claims, in accordance with payment procedures as detailed in Article IV. 18 IV. FINANCIAL ACCOUNTABILITY 19 COUNTY agrees to provide fiscal procedures adequate to assure accounting 20 for the billing of costs to the CITIES under the Agreement in accordance with the 21 COUNTY's general accounting policies, Auditor-Controller's accounting policies and 22 procedures. All claimed reimbursements will be supported with source documents 23 retained by the COUNTY, including but not limited to time sheets, invoices, canceled 24 checks, receipts and receiving records. 25 The COUNTY agrees to reimburse the CITIES for expenditures determined to 26 be in violation of the terms and conditions of this Agreement. 27 A. Allowable Costs 28 2 All items of cost, actually incurred, which are provided for in the 1 appended budget, attached hereto as Exhibit B, shall be allowable 2 for payment. Any Program Costs or Administrative Costs that cannot 3 be charged directly to the Gang Prevention and Suppressions Program 4 must be apportioned based on a Cost Allocation Plan approved by the 5 COUNTY Auditor-Controller and must be certified by the 6 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 categories and maximum amounts as provided for in the appended 10 it contract budget. The maximum amount allowable for each of the major cost categories (consisting of the totals for Personnel Services, 12 Services and Supplies and Indirect Costs) within the contract may be 13 adjusted provided that the overall budget and program goals and 14 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 three CITIES, without regard for how much time or service is 22 actually provided to each CITY. It is expressly understood that the 23 provision of gang prevention and suppression services is a regional 24 problem that must be dealt with on a regional basis, the results of 25 which will impact each CITY. The region referenced above shall be 26 the CITIES of Laguna Niguel, San Juan Capistrano, Dana Point, and 27 the unincorporated areas of the Fifth Supervisorial District. The 28 3 Y COUNTY will not bill the CITIES for any services rendered outside of I 2 this region. C. Utilization and Payment of Funds 3 COUNTY shall be reimbursed monthly in arrears for the actual costs 4 incurred upon the submission of detailed invoices provided and 5 6 submitted to the CITIES. The monthly invoices shall be submitted in 7 such form and detail as required by the County Auditor-Controller 8 and be accompanied by an affidavit signed by the COUNTY certifying 9 the appropriateness of the costs claimed. CITIES must reimburse 10 costs within thirty days of receipt of invoice. The COUNTY shall 11 have sixty (60) days from the end of the contract period to 12 liquidate all program obligations incurred during said contract period. The COUNTY shall then submit the final claim for 13 14 reimbursement within sixty (60) days of the end of the contract. 15 The CITIES shall not be liable for any claims submitted beyond sixty 16 (60) days of the end of the contract. 17 D. Eauioment 18 Equipment is nonexpendable personal property, having a useful life 19 of in excess of four years and a unit acquisition cost of $1,000 or 20 more including tax and installation. All equipment purchased with 21 CITY funds is the property of the COUNTY. COUNTY will be 22 responsible for the replacement of all equipment after their useful 23 life is exhausted. 24 V. PROGRAM ADMINISTRATOR 25 The ADMINISTRATOR shall have full authority to act for the COUNTY in the 26 implementation of this Agreement pursuant to the provisions of the contract herein, 27 California State law and Board actions and regulations adopted hereunder. The 28 4 - ti 1 ADMINISTRATOR hereby appoints the supervisor of the Gang Suppressions Unit to supervise 2 and oversee the daily operation and administration of the contract, not inconsistent 3 with the provisions contained herein. 4 VI. DISPUTES 5 A. When the COUNTY and the CITIES fail to agree as to whether or not 6 any work is within the scope of the contract requirements, the 7 CITIES shall within 15 calendar days provide the COUNTY with a 8 written protest specifying in detail what particulars the contract 9 requirements were not fulfilled, and the proposed remedy. 10 B. The ADMINISTRATOR agrees to furnish a written decision within 30 11 County working days after receipt of such protest. 12 VII. STATUS OF COUNTY 13 COUNTY is and at all times shall be deemed to be an independent contractor 14 and shall be wholly responsible for the manner in which it performs the services 15 required of it by the terms of this Agreement. Nothing herein contained shall be 16 construed as creating the relationship of employer and employee, or principal and 17 agent, between the COUNTY and the CITIES. The COUNTY assumes exclusively the 18 responsibility for the acts of its employees as they relate to the services to be 19 provided during the course and scope of their employment. The COUNTY, its agents, and 20 employees shall not be entitled to any rights and privileges of CITY employees and 21 shall not be considered in any manner to be CITY employees. 22 VIII. AFFIRMATIVE ACTION 23 The COUNTY shall maintain an Affirmative Action Program Plan including the 24 setting of goals and timetables for minority employment which meet the requirements of 25 the Federal Equal Employment Opportunity Commission and the State of California Fair 26 Employment Practice Commission. No person shall, on the grounds of race, color, 27 national origin or sex, be excluded from participation in, or be denied the benefits 21 5 I of, or be subject to discrimination under any program or activity funded in whole or 2 part with funds made available under this Agreement. Any prohibition against 3 discrimination on the basis of age under the Age Discrimination Act of 1975 or with 4 respect to any otherwise qualified handicapped individuals as provided in Section 504 5 of the Rehabilitation Act of 1973 shall also apply to any such program or activity. 6 Any prohibition against discrimination on the basis of religion or any exemption from 7 such prohibition as provided in the Civil Rights Act of 1964 or Title VIII of the Civil 8 Rights Act of 1986 shall all apply to any such program or activity. In the performance 9 of this Agreement, the COUNTY shall not discriminate against any employee or applicant 10 for employment on the basis of race, sex, color, religious ancestry, national origin, 11 age or as an otherwise qualified handicapped individual. This prohibition shall 12 pertain to employment, upgrading, demotion or transfer; recruitment advertising; layoff 13 or termination; rate of pay and other forms of compensation; selection for training, 14 including apprenticeship; and any other action or inaction pertaining to employment 15 matters. The COUNTY will permit access by City, State and Federal agencies to its 16 records of employment, application forms and other pertinent data and records for the 17 purpose of investigation to ascertain compliance with this section of the contract. 18 IX. NONDISCRIMINATION 19 The COUNTY shall not employ discriminatory practices in admission of 20 clients, employment of personnel, or in any other respect on the basis of race, color, 21 religion, national origin, ancestry, sex, age, or physical or mental handicap. 22 X. OTHER SOURCES OF INCOME 23 The COUNTY shall not bill the CITIES for any service, cost or expense for 24 which the COUNTY has been reimbursed by revenue, income or grants from any other 25 source. 26 XI. RIGHT TO AUDIT 27 The CITIES shall have access to any books, documents, papers and records 28 6 I of the COUNTY which any of them determine to be pertinent to this specific Agreement, 2 for the purpose of making an audit, evaluation, excerpts and transcripts. 3 XII. RETENTION OF FINANCIAL RECORDS 4 The COUNTY shall maintain and preserve all books, financial statements, 5 journals, ledgers, source documents and other financial records for a period of seven 6 (7) years from the termination of this Contract and for such longer period as may be 7 required by any applicable statute. All financial records shall be kept or made 8 available to the CITIES at the COUNTY's principal place of business. Exceptions to the 9 above provisions of this section must have PRIOR WRITTEN APPROVAL OF THE ADMINISTRATOR. 10 Records which relate to: 1) litigation of the settlement of claims rising 11 out of the performance of this Agreement, or 2) costs and expenses of this Agreement 12 to which the CITIES take exception shall be retained by the COUNTY until disposition 13 of such appeals, litigation, claims, or exceptions. 14 XIII. INTERNAL CONTROLS 15 The COUNTY shall maintain necessary written procedures establishing 16 internal controls approved by the County Auditor-Controller for its personnel and shall 17 instruct all of its personnel in said procedures and continuously supervise its 18 operations to ensure compliance. Following execution of this contract a Memorandum of 19 Understanding specifying the responsibilities of the CITIES and the COUNTY shall 20 be completed in a timely manner. 21 XIV. CONFIDENTIALITY 22 The CITIES agree to maintain the confidentiality of all juvenile record 23 information pertaining to all minors under the jurisdiction of the Juvenile Court, or 24 the Juvenile Court Law of the State of California when such records come into the 25 possession of or are generated by the CITIES. 26 The CITIES, the CITIES' staff, and all agents and employees of the CITIES 27 shall maintain the confidentiality of such records in accordance with Orange County 28 _ 7 _ I Juvenile Court's policy titled Confidentiality and Release of Information dated 2 November 6, 1986, and adopted in accordance with Welfare and Institutions Code, Section 3 827, and all applicable statutes, court orders and case law. No access, disclosure or 4 release of such information shall be permitted except as authorized. If authorization 5 is in doubt, no such information shall be released without the prior approval and 6 consent of the Judge of the Juvenile Court. 7 Juvenile Record Information is understood to include all records and data 8 which identifies the subject of the information and associates him/her with any aspect 9 of the administration of the Juvenile Court Law of the State of California. Such 10 information includes but is not limited to the subject's offense history, social 11 history, all information of a diagnostic or evaluative nature, and any other personal 12 or confidential data which can be traced to the individual, whether generated by the 13 CITIES or not. 14 The CITIES agree to maintain the confidentiality of all records and 15 information pertaining to adult probationers. The CITIES, the CITIES' staff, and all 16 agents and employees of the CITIES shall maintain the confidentiality of all such 17 records, access to which may be limited by Title 42 of the Code of Federal Regulations, 18 Welfare and Institutions Code Section 5328 et. seq., Title 28, Parts 20 and 22 or the 19 Code of Regulations, California Penal Code Sections 1203.05, 1105-11081, 11105, 11140- 20 44, 13200-13202 and 13300-13305, or any other statute, court order or case law. No 21 access, disclosure, or release of such information shall be permitted except as 22 authorized by statute, court order or other lawful process. 23 Adult client information shall be understood to include all records and 24 data which identifies the subject of the information with the Criminal Justice System 25 within the State of California. Such information includes but is not limited to the 26 subject's offense history, social history, all information of a diagnostic or 27 evaluative nature and any other personal or confidential data which can be traced to 28 8 I the individual, whether generated by the CITIES or not. It shall be understood by the 2 CITIES, the CITIES' staff and all agents and employees of the CITIES, that 3 unauthorized release of certain information as specified by statute may render the 4 CITIES or the CITIES' staff or any of the employees or agents of the CITIES liable for 5 criminal and/or civil penalties. 6 All written materials pertaining to adult and juvenile clients shall be 7 placed in a secure and locked file when not in use and access to such materials shall 8 be limited to specified authorized staff. 9 XV. INDEMNIFICATION 10 The COUNTY shall indemnify, hold harmless and defend the CITIES, its II officers, agents and employees from any and all claims, demands, loss or liability for 12 injury, death or damage arising out of the acts or omission to act by County agents or 13 employees in carrying out this Agreement. CITIES shall indemnify, hold harmless and 14 defend the County, its officers, agents and employees from any and all claims, demands, 15 loss or liability for injury, death or damages arising out of the acts or omission to 16 act by CITIES agents or employees in carrying out this Agreement. Transmittal to the 17 COUNTY by the CITIES of any pleadings served shall be deemed to be a request to 18 defend. This indemnification shall commence on the effective date of this Agreement 19 and shall continue thereafter for any and all causes of action accruing during the term 20 of this Agreement. 21 XVI. CONTRACT MODIFICATIONS. CHANGES OR AMENDMENTS 22 This Contract constitutes the entire Agreement between the COUNTY and the 23 CITIES and may be modified only by further written agreement between the CITIES and the 24 ADMINISTRATOR. Unless modified by all parties to this agreement, future agreements 25 shall be under the same terms and conditions subject to budget adjustments related to 26 salary, benefit, or reimbursement charges. 27 XVII. QUARTERLY PROGRESS REPORTS 28 9 - 1 2 3 4 5 6 7, 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 The COUNTY shall submit weekly and monthly updates as well as quarterly progress reports to the CITIES. XVIII. DISTRIBUTION OF FORFEITED AND SEIZED ASSETS A policy between the COUNTY and contract CITIES regarding the distribution of forfeited and seized assets from drug enforcement activities does not currently exist. Once a policy is established and approved by the CITY and COUNTY, said policy will become a part of this contract by addendum. XIX. NOTICES Notices and payments made payable to the County of Orange shall be sent to the Probation Department addressed as follows: 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 San Juan Capistrano 27821 La Paz Road 33282 Golden Lantern 32400 Paseo Adelanto Laguna Niguel, CA 92656 Dana Point, CA 92629 San Juan Capistrano, CA 92675 Att: City Manager Att: City Manager Att: City Manager IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers. j . DATED: �, 1 CILAGUNA NIGUEL ATTEST: l^a /�w! 1�-✓ B Juan9ta U. 2a ilia, City Clerk APPROVED A FORM: i U 04 -- DATED: CITY OF_RA 0 PO ATTEST: , , uaty nrrnvv;nlp�o rvtu a: [7'£j�.��,. MKatherine M. Holly d, City Clerk vJe y M. Patterson, City Attorney DATED: 2/4/92 CITY OF ISTR ATTES BY�' Gi 3 es, Mayor City Clerk 10 - 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 DATED XGSP 0 Chief APPROVED) AS TO Terry C. Andru BY G wa 0. a c. ru. tion Officer 1 ED 1 2 3 4 5' 6 8 91 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 Niguel, Dana Point, 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 - 1 coordinator to develop gang prevention strategies and gang education seminars. 2 3 TARGET POPULATION 4 5 A. ADULT AND JUVENILE PROBATIONERS whose primary residence is in Laguna Niguel, San 6 Juan Capistrano, Dana Point, and the remaining unincorporated areas of the Fifth 7 District, and who display one or more of the following characteristics: 8 9 - Claims gang membership 10 - Associates with known gang members it - Committed an offense with a gang member or, 12 - Displays indications of GANG at risk behavior. 13 14 GEOGRAPHICAL AREA 15 16 PROBATIONERS served by the program shall have as their primary residence San Juan 17 Capistrano, Dana Point, Laguna Niguel and the unincorporated areas of the Fifth 18 District served by the South Orange County Sheriff's Office. 19 20 PROGRAM PROCESS 21 22 PROBATIONERS who will potentially be supervised in the Gang Violence Suppression 23 Program (GVS) will have his/her case screened for the gang identification criteria by 24 the Supervising Probation Officer of the GVS Unit. PROBATIONERS who meet the criteria 25 will be accepted into the unit and assigned to the South County Gang Deputy Probation 26 Officer's caseload. Probation supervision will be conducted in the manner as 27 prescribed by the policy and procedure of the Orange County Probation Department. When 28 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13i 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 suspected of gang -related activity. - 3 - 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 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 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 - 4 - 0 i the role of Probation, law enforcement, schools, and communities in the delivery of the 1 2 gang prevention and suppression program. 3 4 SCOPE OF DUTIES - DEPUTY PROBATION OFFICER 5 6 7 1. The Deputy Probation Officer will be assigned probationers for supervision 8 who have been GRANTED FORMAL PROBATION and have strong indications of gang 9 association or gang membership. 10 11 2. In coordination with a Deputy Sheriff, will maintain frequent contacts 12 with probationers, will make contact with associate probationers, will 13 make arrests for probation violations, will conduct search and seizures 14 and will gather information on gang activity to be shared for suppression 15 and prevention with other probation officers, law enforcement officers and 16 school resources. 17 18 3. Conduct community education seminars and workshops for school staff, 19 PTA's, neighborhood and parent groups on early gang identifiers and 20 methods of prevention, suppression and security. 21 22 4. In an effort towards gang prevention, siblings and associates of gang 23 members contacted during suppression activities will be evaluated as to 24 any needed gang prevention information and counseling referrals. Regular 25 contacts with school officials will be made to exchange information about 26 gang incidents in and around the schools affecting the planning and 27 delivery of preventive strategies. 28 5- • s 5. Will participate on all task forces associated with the objectives of the 1 2 program. 3 6. Will perform other duties as required by the assignment. 4 5 SCOPE OF DUTIES - DEPUTY SHERIFF 6 7 1. A Deputy Sheriff from the Career Criminal Apprehension Team (C -CAT) will 8 9 be assigned to investigate and suppression street gang activity. A deputy probation officer from Probation's Gang Unit will be teamed with the 10 11 Deputy Sheriff to assist and enhance overall gang suppression. 12 2. In coordination with the Probation partner, the Deputy Sheriff will 13 14 regularly patrol known gang congregating areas, respond to and investigate 15 gang -related incidents, maintain frequent contacts with probationers, 16 conduct probation search and seizures, make arrests, and gather 17 information relevant to the suppression of gang activity. 18 19 3• The Deputy Sheriff will facilitate the dissemination of gang awareness 20 information to the community as required. 21 22 4. The Deputy Sheriff will maintain accurate records of gang suppression 23 activity relative to the program and submit timely reports as required. 24 25 SUPERVISION 26 27 Supervision of the Deputy Probation Officer will be the responsibility of the 28 6- 1 Supervising Probation Officer within the Juvenile Field Services Division, managed by 2 a Probation Division Director. 3 4 Supervision of the Deputy Sheriff will be the responsibility of the Sergeant of the 5 Sheriff's Career Criminal Apprehension Team within the Special Investigations Division 6 directed by Captain Tim Simon. 7 8 PROGRAM EVALUATION AND MONITORING 9 10 A. The Probation Division Director managing Juvenile Field Services shall perform 11 site visits on a regular basis to monitor overall activities of the program. 12 13 B. The Gang Unit Sheriff and Probation team shall provide a weekly update of gang 14 incidents to the Sergeant of the C -CAT Unit for inclusion to the Sheriff's 15 Department existing weekly reports to the cities. 16 17 C. The Sergeant of the C -CAT team and the Supervising Probation Officer of the Gang 18 Violence Suppression Unit will jointly prepare a monthly report of the teams' 19 activities for the cities. 20 21 D. The County shall provide quarterly statistical and progress reports of gang 22 prevention and suppression activities to the cities of Dana Point, San Juan 23 Capistrano and Laguna Niguel. Each quarterly report shall include an evaluation 24 of the program's operations and performance. The method of evaluation shall be 25 in accordance with current Probation Department's evaluation procedures modeled 26 after the Office of Criminal Justice Planning, Gang Violence Suppression Program. 27 The office of Criminal Justice Planning has funded numerous gang suppression and 28 7 - 1 prevention programs and has established guidelines for program data collection 2 and evaluation. 3 4 XGSP 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 - II. SERVICES AND SUPPLIES A. COMMUNICATIONS EXHIBIT B TO OFFICE EXPENSE AGREEMENT BETWEEN THE COUNTY AND THE CITIES OF DANA POINT, LAGUNA NIGUEL AND SAN JUAN CAPISTRANO FOR THE PROVISION OF GANG PREVENTION AND SUPPRESSION BUDGET TWELVE MONTHS 79 SO. COUNTIES - GANG VIOLENCE SUPPRESSION D. FOR THE PERIOD 2/28/92 TO 2/27/93 BUDGET CATEGORY AND LINE -ITEM DETAIL AMOUNT --'---------------------------------- I. SALARIES AND EMPLOYEE_:BENEFITS ---------- A. PERSONNEL SERVICES - SALARIES E. 1 DEPUTY PROBATION OFFICER II $45,031 SUB -TOTAL SALARIES $45,031 B. PERSONNEL SERVICES - BENEFITS ---------- 1. RETIREMENT 10.81% OF SALARIES $4,868 2. EMPLOYEE GROUP INSURANCE III. @ $262/MAN-MO. X 12 MAN -MO. 3,144 3. OCEA HEALTH BENEFITS A. @ $23/MAN-M0. X 12 MAN -MO. 276 4. UNEMPLOYMENT INSURANCE @ 0.08% OF SALARIES 36 5. WORKER'S COMPENSATION @ 4.30% OF SALARIES 1.936 TOTAL BENEFITS $10,260 TOTAL SALARIES & BENEFITS $55,291 II. SERVICES AND SUPPLIES A. COMMUNICATIONS $768 B. OFFICE EXPENSE 642 C. PROFESSIONAL/SPECIALIZED SERVICES: 1. ADMIN OF GRP MEDICAL 79 D. TRANSPORTATION/TRAVEL-GENERAL 700 MI/M0. X 12 MOS. X $0.38/MI. 31.192 E. RENTAL FOR CELLULAR PHONE $9/M0. X 12 MOS. 108 TOTAL SERVICES AND SUPPLIES $4,789 III. INDIRECT COST A. DEPARTMENT OVERHEAD @ 16.82 % OF SALARIES & BENEFITS $9.300 TOTAL INDIRECT COST $9,300 TOTAL OPERATING BUDGET 2/28/92 TO 2/27/93 . . . $69,380 17 -Jan -92 :SOGVS923.WK1 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 ID EXHIBIT C 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 FOR THE PERIOD 2/28/92 TO 2/27/93 The County contribution to the program will be the services equivalent to one Deputy Sheriff II position, to serve on the South County Gang Prevention and Suppression Program. The cost of the County for this service will be as follows: 1. Deputy Sheriff II, 2080 hours at $81,676 yearly (salary & benefits). 0 9 RE= A RECONVENE Council recessed at 7: m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:1 .m. 1. AMENDMENT TO THE AGREEMENT FOR THE PROVISION OF GANG PREVENTION 2. Written Communication: ' Report dated November 3, 1992, from the City Manager, recommending that an amendment be approved to the agreement for Gang Prevention and Suppression Services between the County and the Cities of Dana Point, Laguna Niguel, San Juan Capistrano, and Laguna Hills. The proposed amendment includes provisions for the newly admitted C;ty of Laguna Hills and divides the total cost of the program four ways instead of three. Mr. Scarborough explained that the addition of Laguna Hills to the program would not dilute the service received by the City. Aporoval of Amendment to Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that the First Amendment to the Agreement for the provision of Gang Prevention and Suppression Services between the County of Orange and the Cities of Dana Point, Laguna Niguel, San Juan Capistrano, and Laguna Hills be approved. Report d November 3, 1992, from the Senior Management Assistant, requesting that the City appoint a su ttee consisting of two Council members to work with the City Manager on reviewing and prioritizing ding requests from community organizations, which was postponed until the State adopted its budget. a report provided the amount of funding requested from each community organization, the total o hick was $70,940. Continuation of Item: It was moved by Councilman Harfer, seconded by Councilman Harris, and unanimously carried that the item be continued until the new Council is seated MEy14 M • : J• l9. •.1. : • • • t. a til : 1• ANO; • ul �fn • y, • 1 _ • ; • :. 1R `•_ .,1.1_..1_ Written Gomm Wcation• Report dated November 3, 1992, from the Director of Engineering and Building, noting that the design plans were finalized for the construction of the traffic signal and bus turnouts at Rancho Viejo -4- 11/3/92 AGENDA ITEM November 3, 1992 TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: GEORGE SCARBOROUGH, CITY MANAGER SUBJECT: AGREEMENT FOR THE PROVISION OF GANG PREVENTION AND SUPPRESSION SERVICES BETWEEN THE COUNTY OF ORANGE AND THE CITY OF SAN JUAN CAPISTRANO -------------------------------------------------------------- -------------------------------------------------------------- Approve the First Amendment to the Agreement for the provision of Gang Prevention and Suppression Services Between the County of Orange and the Cities of Dana Point, Laguna Niguel, San Juan Capistrano, and Laguna Hills SITUATION• Attached is a copy of the First Amendment to the Agreement for the provision of Gang Prevention and Suppression Services Between the County of Orange and the Cities of Dana Point, Laguna Niguel, San Juan Capistrano, and Laguna Hills. Since the onset of the program in 1991, the unincorporated area of the Fifth Supervisorial District has been receiving specialized gang suppression services. With the incorporation of the City of Laguna Hills, the matter was brought before the Laguna Hills City Council and on February 11, 1992, the Laguna Hills City Council voted to participate as a fourth member city for the Agreement for the Provision of Gang Prevention and Suppression Services. Page three of the Agreement, Section IV, B., identifies the total actual costs which will be billed by the County and borne equally by the three cities which is now amended to four cities with the inclusion of Laguna Hills. The total cost has not changed, however each city now pays one quarter of the total rather than one third. The billing based on four cities rather than three has been ongoing since July 1st. No other changes occur to the original agreement entered into by the City in February of 1992. COMMISSION/BOARD REVIEW 6 RECOMMENDATIONS: Not applicable. FOR CITY COUNCIL AGEN FINANCIAL CONSIDERATIONS: The Amended Agreement provides for monthly cost $482 less than the budgeted level. Not applicable. ALTERNATE ACTIONS: 1. Approve the First Amendment to the Agreement for the provision of Gang Prevention and Suppression Services Between the County of Orange and the Cities of Dana Point, Laguna Niguel, San Juan Capistrano, and Laguna Hills 2. Request additional information. Approve the First Amendment to the Agreement for the provision of Gang Prevention and Suppression Services Between the County of Orange and the Cities of Dana Point, Laguna Niguel, San Juan Capistrano, and Laguna Hills submitted, N 0 0 AGENDA ITEM February 4, 1992 TO: STEPHEN B. JULIAN, CITY MANAGER FROM: GEORGE SCARBOROUGH, ASSISTANT CITY MANAGER SUBJECT: 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 Approve the 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. In February of 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. The program initiated the Gang Awareness and Suppression Team consisting of a Sheriff Deputy and a Probation Officer. The team is responsible for dealing with all existing gang and gang activity in the cities of Dana Point, Laguna Niguel, and San Juan Capistrano and in the surrounding unincorporated area. Critical to the operation of the suppression team is the partnership between the Sheriff and Probation. The team supervises all gang probationers currently living in the participating cities and surrounding unincorporated areas. These individuals are supervised utilizing 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 p.m. to 5 a.m. curfew, search and seizure, prohibition of association with other gang members and restriction from specific areas where gangs might congregate. The search and seizures authorized by the terms and conditions 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 lends itself to contacting and suppressing 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 FOR CITY CCZ::�C€L AG=e'II 41a, • 0 activity at the schools. The suppression team has also emerged as a specific resource utilized by the community and school districts. Combining the Deputy Probation Officer and Deputy Sheriff has, as expected, created a team with almost unlimited access to the gang members in any situation or setting. The technique of suppression also has a deterrent effect on potential future gang members. It interrupts the active recruitment process and demonstrate that the community does not condone nor will allow gang activity. The program has proven to be extremely valuable in our community's gang prevention and suppression efforts. The City's share of the cost of the program for the next year is $23,127, representing a reduction in cost of $2,653 from last year. Last years costs were higher because they included certain one time start up costs. COMMISSION/BOARD REVIEW A RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: The City's share of the cost of the program is $23,127. These funds have been included in the adopted budget. 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, and San Juan Capistrano. 2. Request additional information. Approve the 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. submitted, Ci • MICHAEL SCHUMACHER, Ph.D. CHIEF PROBATION OFFICER Y O F TELEPHONE: (714) 569-2000 909 N. MAIN STREET. SUITE 1 SANTA ANA, CA 92701-3511 N G E Mr. Steve Julian, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr. Julian: PROBATION DEPARTMENT December 19, 1991 RE: Contract Renewal/Provision of Gang Prevention and Suppression Services The Agreement for Gang Prevention and Suppression Services is due to expire on February 27, 1992. Therefore, the Probation Department is seeking action from your City on or before January 31, 1992, to renew this Agreement for continuing services as specified in the attached new Agreement and Exhibits A, B, and C. Should you have any questions or wish to discuss any matter regarding the Gang Prevention and Suppression Services, please feel free to contact me (on programmatic issues) at 569-2208 and/or Walt Krause (on financial issues) at 569-2131. The Third Quarterly Report will be prepared and forwarded to your attention on or before December 30, 1991. You will find there has been a significant amount of activity this past quarter with school officials in developing policies for safety on school campuses and educating parents about gang activity. Also, it has come to my attention that recently, Community Services Program, Inc. has expanded Gang Prevention and Intervention counseling services in the South County area which contributes significantly to the overall efforts of the South County Gang Suppression Program. I would like to take this opportunity to relate how pleased I am with the overall development of the South County Gang Prevention and Suppression Program. I believe the combined efforts of the Sheriff's Department, Probation, Schools and community- based programs have significantly enhanced our ability to respond to gang -related incidents. 1 a�39 / X 1-07- 0. , /? , ✓ ,q. <�?. ten. - CH: st soco.1 Very truly yours s41deene odge� Supervising Probation Officer Gang Violence Suppression Unit (714) 569-2208 cc: Mayor Gil Jones, City of San Juan Capistrano Marilyn Brewer, Supervisor Riley's Office D E C 3 11991 as +-� Printed on recycled paper