1994-0701_ORANGE, COUNTY OF_Agreement1
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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
JULY 1, 1994 THROUGH JUNE 30, 1995
This AGREEMENT, entered into this first day of July, 1994, which date is
enumerated for purposes of reference only is by and between the COUNTY OF ORANGE, a
political sub -division of the State of California (COUNTY) and the CITIES of Dana
Point, Laguna Hills, Laguna Niguel, and San Juan Capistrano (CITIES). This Agreement
shall be administered by the Chief Probation Officer of the Orange County Probation
Department, or his designee (ADMINISTRATOR).
WITNESSETH:
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, San
Juan Capistrano, and the unincorporated area of the Fifth Supervisorial District; and
WHEREAS, the CITIES have appropriated funds to enter into an Agreement with the
COUNTY for said gang prevention and suppression services; and
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:
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CONTENTS
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PARAGRAPH U9
I. Description of Services, Staffing ...................................... 3
II. Term................................................................... 3
III. Compensation........................................................... 3
IV. Financial Accountability ............................................... 3
V. Program Supervision.................................................... 6
VI. Disputes............................................................... 6
VII. Status of County ....................................................... 7
VIII. Affirmative Action ..................................................... 7
IX. Nondiscrimination...................................................... 8
X. Other Sources of Income ................................................ 8
XI. Right to Audit..... ........................................... 8
XII. Retention of Financial Records ......................................... 8
XIII. Internal Controls...................................................... 9
XIV.Confidentiality........................................................ 9
XV. Indemnification........................................................ 30
XVI. Alteration of Terms..................... ............................ 11
XVII. Distribution of Forfeited and Seized Assets ............................ 11
XVIII. Termination............................................................ 11
XIX. Notices.......................................................... 12
XX. Third Party Rights ..................................................... 12
Signature Page ......................................................... 13
EXHIBIT A
I. Purpose............................................................ 1
II. Target Population...................................................... 1
III. Program Process........................................................ 2
IV. Program Objectives. ........................................ 3
V. Scope of Duties --Probation Officers .................................... 3
EXHIBIT B --BUDGET
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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 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 the 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. TERM
The term of this Agreement shall commence July 1, 1994 and terminate June 30,
1995, unless otherwise terminated as provided in this Agreement; provided, however,
COUNTY shall be obligated to perform such duties as would normally extend beyond this
term, including but not limited to, obligations with respect to confidentiality,
indemnification, audits, reporting and accounting.
III. COMPENSATION
The CITIES shall pay the COUNTY for services rendered hereunder in a sum not to
exceed $71,717, payable on cost reimbursement basis upon submission of monthly claims,
in accordance with payment procedures as detailed in subparagraph IV.B. of this
Agreement.
IV. FINANCIAL ACCOUNTABILITY
A. 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, Auditor -Controller's accounting policies and
procedures. All claimed reimbursements will be supported with source documents
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1 retained by the COUNTY, including but not limited to time sheets, invoices, canceled
2 checks, receipts and receiving records.
3 B. The COUNTY agrees to reimburse the CITIES for expenditures determined to
4 be in violation of the terms and conditions of this Agreement.
5 1. Allowable Costs
6 All items of cost, actually incurred, which are provided for in the
7 appended budget, attached hereto as Exhibit B, shall be allowable for payment. Any
8 Program Costs or Administrative Costs that cannot be charged directly to the Gang
9 Prevention and Suppressions Program must be apportioned based on a Cost Allocation Plan
10 approved by the COUNTY Auditor-Controller and must be certified by the ADMINISTRATOR,
11 or his designee. Such certification is subject to audit as authorized in paragraph XI
12 of this agreement. Allowable costs shall be paid to the COUNTY in accordance with the
13 major cost categories and maximum amounts as provided for in the appended contract
14 budget. The maximum amount allowable for each of the major cost categories (consisting
15 of the totals for Personnel Services, Operating Expense and Indirect Costs) within the
16 contract may be adjusted provided that the overall budget and program goals and
17 objectives are not changed. Line items within major categories may be adjusted up to
18 ten percent (10%) cumulatively without prior approval as long as the expenditures are
19 reasonable, appropriate, and necessary to achieve program objectives.
20 2. Utilization and Payment of Funds
21 COUNTY shall be reimbursed monthly in arrears for the actual costs
22 incurred upon the submission of detailed invoices provided and submitted to the CITIES.
23 The monthly invoices shall be submitted in such form and detail as required by the
24 County Auditor- Controller and be accompanied by an affidavit signed by the COUNTY
25 certifying the appropriateness of the costs claimed. All invoices shall be issued no
26 later than 15 days after cost data for the previous month are available. The CITIES
27 must reimburse costs within thirty (30) days of the date of the invoice for which
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1 payment is being rendered.
2 3. Late charges will be assessed to the CITIES in the following
3 situations:
4 a. Over-the-counter payments will be assessed a late charge if any
5 payment is not received by the COUNTY within thirty (30) days of the date of the
6 invoice for which payment is being rendered.
7 b. Payments transmitted to the COUNTY via the U.S. Mail that have
8 the CITIES' postage meter mark will be assessed a late charge if any payment is not
9 received within thirty-one (31) days of the date of the invoice for which the payment
10 is being rendered.
11 C. Payments transmitted to the COUNTY via the U.S. Mail that have
12 a U.S. Post Office postmark dated thirty (30) days after the date of the invoice will
13 be assessed a late charge.
14 4. The late charge assessed in each of the above situations shall be
15 three-quarters of the one percent (0.75%) of the payment due and unpaid, plus $100.00
16 for late payments made within thirty (30) days after the payments are due. An
17 additional charge of three-quarters of one percent (0.75%) of said payment shall be
18 added for each additional thirty (30) day period that the payment remains unpaid. Late
19 charges shall be added to the payment due and invoiced to the CITIES in accordance with
20 subparagraph IV.B.3. Any invoices and applicable late charges remaining unpaid after
21 ninety (90) days after the invoice date may result in the COUNTY's Auditor -Controller
22 deducting from money held on deposit with the COUNTY Treasurer for the CITIES in
23 accordance with Government Code Section 907 and any other applicable provision of law.
24 5. Early payments received by the COUNTY from the CITIES shall be
25 entitled to a discount of one-quarter of one percent (0.25%), if payment is received
26 by the COUNTY within eleven (11) days of the date of the invoice. The CITIES may take
27 credit for the discount in the current payment. However, if a discount is taken
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1 inappropriately, COUNTY shall notify the CITIES immediately that the discount should
2 not have been taken and that the balance is due within thirty (30) days of the invoice
3 date, subject to late charges, pursuant to subparagraph IV.B.4. of this Agreement if
4 the balance is not paid in this frame.
5 6. The COUNTY shall have sixty (60) days from the end of the contract
6 period to liquidate all program obligations incurred during said contract period. The
7 COUNTY shall then submit the final claim for reimbursement within sixty (60) days of
8 the end of the contract. The CITIES shall not be liable for any claims submitted
9 beyond sixty (60) days of the end of the contract.
10 7, Eouipment
11 Equipment is nonexpendable personal property, having a useful life
12 of in excess of four years and a unit acquisition cost of $1,000 or more including tax
13 and installation. All equipment purchased with CITIES' funds is the property of the
14 COUNTY. COUNTY will be responsible for the replacement of all equipment after their
15 useful life is exhausted.
16 V. PROGRAM SUPERVISION
17 A. ADMINISTRATOR shall appoint an Orange County Probation Department Gang
18 Suppression Unit supervisor to oversee the daily operation and administration of the
19 Agreement pursuant to the terms and conditions contained herein.
20 B. The Gang Suppression Unit supervisor shall submit a Gang Violence
21 Suppression Quarterly Report to the CITIES.
22 VI. DISPUTES
23 A. When the COUNTY and the CITIES fail to agree as to whether or not any work
24 is within the scope of the contract requirements, the CITIES shall within 15 calendar
25 days provide the COUNTY with a written protest specifying in detail what particulars
26 the contract requirements were not fulfilled, and the proposed remedy.
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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 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 CITIES' employees and shall not be considered in any
manner to be CITIES 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 and the Americans with Disabilities Act of 1990 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
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I discriminate against any employee or applicant for employment on the basis of race,
2 sex, color, religious ancestry, national origin, age or as an otherwise qualified
3 handicapped individual. This prohibition shall pertain to employment, upgrading,
4 demotion or transfer; recruitment advertising; layoff or termination; rate of pay and
5 other forms of compensation; selection for training, including apprenticeship; and any
6 other action or inaction pertaining to employment matters. The COUNTY will permit
7 access by City, State and Federal agencies to its records of employment, application
8 forms and other pertinent data and records for the purpose of investigation to
9 ascertain compliance with this section of the contract.
10 IX. NONDISCRIMINATION
11 The COUNTY shall not employ discriminatory practices in admission of clients,
12 employment of personnel, or in any other respect on the basis of race, color, religion,
13 national origin, ancestry, sex, age, or physical or mental handicap.
14 X. OTHER SOURCES OF INCOME
15 The COUNTY shall not bill the CITIES for any service, cost or expense for which
16 the COUNTY has been reimbursed by revenue, income or grants from any other source.
17 XI. RIGHT TO AUDIT
1s The CITIES shall have access to any books, documents, papers and records of the
19 COUNTY which any of them determine to be pertinent to this specific Agreement, for the
20 purpose of making an audit, evaluation, excerpts and transcripts.
21 XII. RETENTION OF FINANCIAL RECORDS
22 A. The COUNTY shall maintain and preserve all books, financial statements,
23 journals, ledgers, source documents and other financial records for a period of seven
24 (7) years from the termination of this Agreement and for such longer period as may be
25 required by any applicable statute. All financial records shall be kept or made
26 available to the CITIES at the COUNTY's principal place of business. Exceptions to the
27 above provisions of this section must have prior written approval of ADMINISTRATOR.
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B. 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
The COUNTY shall maintain necessary written procedures establishing internal
controls approved by the County Auditor -Controller for its personnel and shall instruct
all of its personnel in said procedures and continuously supervise its operations to
ensure compliance.
XIV. CONFIDENTIALITY
A. 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.
B. 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
August 18, 1993, and adopted in accordance with Welfare and Institutions Code, Section
821, 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.
C. 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
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1 or confidential data which can be traced to the individual, whether generated by the
2 CITIES or not.
3 D. The CITIES agree to maintain the confidentiality of all records and
4 information pertaining to adult probationers. The CITIES, the CITIES' staff, and all
5 agents and employees of the CITIES shall maintain the confidentiality of all such
6 records, access to which may be limited by Title 42 of the Code of Federal Regulations,
7 Welfare and Institutions Code Section 5328 et. seq., Title 28, Parts 20 and 22 or the
8 Code of Regulations, California Penal Code Sections 1203.05, 1105-11081, 11105, 11140-
9 44, 13200-13202 and 13300-13305, or any other statute, court order or case law. No
10 access, disclosure, or release of such information shall be permitted except as
11 authorized by statute, court order or other lawful process.
12 E. Adult client information shall be understood to include all records and
13 data which identifies the subject of the information with the Criminal Justice System
14 within the State of California. Such information includes but is not limited to the
15 subject's offense history, social history, all information of a diagnostic or
16 evaluative nature and any other personal or confidential data which can be traced to
17 the individual, whether generated by the CITIES or not. It shall be understood by the
18 CITIES, the CITIES' staff and all agents and employees of the CITIES, that unauthorized
19 release of certain information as specified by statute may render the CITIES or the
20 CITIES' staff or any of the employees or agents of the CITIES liable for criminal
21 and/or civil penalties.
22 F. All written materials pertaining to adult and juvenile clients shall be
23 placed in a secure and locked file when not in use and access to such materials shall
24 be limited to specified authorized staff.
25 XV. INDEMNIFICATION
26 The COUNTY shall indemnify, hold harmless and defend the CITIES, its officers,
27 agents and employees from any and all claims, demands, loss or liability for injury,
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death or damage arising out of the acts or omission to act by County agents or
employees in carrying out this Agreement. The CITIES shall indemnify, hold harmless
and defend the County, its officers, agents and employees from any and all claims,
demands, loss or liability for injury, death or damages arising out of the acts or
omission to act by the CITIES' agents or employees in carrying out this Agreement.
Transmittal to the COUNTY by the CITIES of any pleadings served shall be deemed to be
a request to defend. This indemnification shall commence on the effective date of this
Agreement and shall continue thereafter for any and all causes of action accruing
during the term of this Agreement.
XVI. ALTERATION OF TERMS
The Agreement fully expresses the understanding of the COUNTY and the CITIES with
respect to the subject matter of this Agreement and shall constitute the total
Agreement between the parties for these purposes. No additions to, or alteration of,
the terms of this Agreement, whether written or verbal, shall be valid unless made in
writing and formally approved and executed by all parties.
XVII. 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 CITIES and COUNTY, said policy will
become a part of this contract by addendum.
XVIII. TERMINATION
A. Either party may terminate this Agreement, without cause, upon thirty (30)
days written notice given the other party.
B. Contingent Funding - Any obligation under this Agreement is contingent upon
the continued availability of funds for reimbursement of the CITIES' cost of services
hereunder, and inclusion of sufficient funding for the services hereunder in the
CITIES' budget for the period July 1, 1994, through June 30, 1995. In the event such
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funding is subsequently reduced or terminated, CITIES may terminate this
Agreement upon
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thirty (30) days written notice given COUNTY.
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XIX. NOTICES
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Notices and payments made payable to the County of Orange shall
be sent to the
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probation Department addressed as follows:
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Chief Probation Officer
County of Orange
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909 N. Main
Santa Ana, CA 92701
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Notices shall be sent to the CITIES addressed as follows:
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City of Dana Point
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33282 Golden Lantern
Dana Point, CA 92629
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Attention: City Manager
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City of Laguna Hills
25201 Paseo De Alicia, Suite 150
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Laguna Hills, CA 92653
Attention: City Manager
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City of Laguna Niguel
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27821 La Paz Road
Laguna Niguel, CA 92656
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Attention: City Manager
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City of San Juan Capistrano
32400 Paseo Adelanto
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San Juan Capistrano, CA 92675
Attention: City Manager
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XX. THIRD PARTY RIGHTS
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The parties intend not to create rights in, or to grant remedies
to, any third
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party as beneficiary of this Agreement or of any duty, covenant,
obligation or
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undertaking established herein.
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IN WITNESS WHEREOF, the parties have executed this Agreement by their duly
authorized officers.
CITY OF DANA POINT
DATED: (o Il 4 I q `( BY:
William L.'Osaenma h t, ayor pro Tem
ATTEST: Y % APPROVED 5 TO FORM:
Sharon L. Waits, ty erk V 1•.,\ p „ oO
CITY OF LAGUNA MILLS
DATED:BY:
_7�_Ly� p2-
ATTEST:
Mary A, k
CITY OF LAGUNA NIGUEL
a,
C TY AN AN CAPISTRANO
DATED: 11115f BY:
ATTEST: 2
Cheryl oh on, City C er
COUNTY OF ORANGE
DATED:
DATED: 4 q
APP VED AS TO FORM:
7:
Lois e i ttorney
BY:
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A OVED TO
Ricb'ard K. Dgnhalter, C1y tyorney
nw ruc„ rev.
ion Officer
APPROVED AS TO FORM:
Terry
C. Andrus,
County Counsel
Deputy
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EXHIBIT A
TO
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AGREEMENT BETWEEN THE COUNTY AND THE
CITIES OF DANA POINT, LAGUNA HILLS, LAGUNA NIGUEL, AND SAN JUAN CAPISTRANO
FOR THE PROVISION OF GANG PREVENTION AND SUPPRESSION SERVICES
JULY 1, 1994 THROUGH JUNE 30, 1995
I. PURPOSE
The purpose of the Program is to coordinate the resources of Law Enforcement,
Schools, and Probation in a joint program aimed at reducing gang -related incidents.
A. This will be accomplished by suppressing ongoing gang activity through
intensive probation supervision, raising community awareness through community
education programs, and preventing at -risk youth from entering gangs through referrals
to counseling programs.
B. This Program will work in a cooperative relationship between Orange County
Probation, Orange County Sheriff, and Unified School Districts within the cities of
Dana Point, Laguna Hills, Laguna Niguel, San Juan Capistrano, and the unincorporated
areas within the Fifth Supervisorial District.
C. A Deputy Probation Officer shall work in conjunction with Deputy Sheriffs
in the supervision and enforcement of court orders for minors and adults on probation
under the existing policy of the Orange County Probation Department and Superior and
Municipal Courts.
II. TARGET POPULATION
Adults and minors who are on probation (Probationers) and whose primary residence
is in Dana Point, Laguna Hills, Laguna Niguel, San Juan Capistrano, and the
unincorporated areas of the Fifth Supervisorial District or whose criminal activity
impacts the safety of South County citizens, and who display one or more of the
following characteristics:
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A. Claims gang membership,
B. Associates with known gang members,
C. Committed an offense with a gang member, or
D. Displays indications of at -risk behavior.
III. PROGRAM PROCESS
A. Probationers who will potentially be supervised in the Gang Violence
Suppression Program (GVS) will have his/her case screened for the gang identification
criteria by the Supervising Probation Officer of the GVS Unit. Probationers who meet
the criteria will be accepted into the unit and assigned to the South County Gang
Deputy Probation Officer's caseload. Probation supervision will be conducted in the
manner as prescribed by the policy and procedure of the Orange County Probation
Department. When appropriate, referrals will be made for the Probationers and the
Probationer's family to counseling agencies in the community to address specific needs
which may be contributing to the gang lifestyle or other related problems.
B. Regular patrol operations of known gang hangouts will be conducted by the
Deputy Probation Officer and designated Deputy Sheriff Officers. When probationers who
are under search and seizure by the Court are identified in known gang areas, they will
be approached and searched when appropriate. Gang associates will be identified and
documented. Information gathered from these patrol operations will be utilized in the
community education programs when appropriate.
C. Case files and all documents pertaining to the program will be maintained
in the office of the Deputy Probation Officer, and administrative documents regarding
the performance of the program will be maintained in the office of the Supervisor of
the Gang Violence Suppression Unit. Intelligence gathering and investigation of new
crimes will be the responsibility of the Orange County Sheriff's Department. The
Deputy Probation Officer's main responsibility will be supervision of probationers and
enforcement of court orders.
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IV. PROGRAM OBJECTIVES
A. Provide intensive supervision of probationers who are involved with or
suspected of gang -related activity.
B. Provide increased level of probation supervision to a caseload which shall
be no greater than 35 active cases.
C. Mobilize community resources which will assist in reducing gang activity.
D. Combine the resources of the Probation Department and the Orange County
Sheriff's Department and to assist in educating the community about gangs and
preventing at -risk youth from becoming gang members.
E. Collect restitution and make job referrals when appropriate.
V. SCOPE OF DUTIES - DEPUTY PROBATION OFFICER
COUNTY shall provide one full-time Deputy Probation Officer II who shall be
familiar with the role of Probation, law enforcement, schools, and communities in the
delivery of the gang prevention and suppression services, and shall:
A. Be assigned probationers who have strong indications of gang association
or gang membership.
B. In coordination with a Deputy Sheriff, maintain frequent contacts with
probationers, make contact with associate probationers, make arrests for probation
violations, conduct search and seizures, and gather information on gang activity to be
shared for suppression and prevention with other probation officers, law enforcement
officers and school resources.
C. Participate on task forces associated with the objectives of the program.
D. Perform other duties as required by the assignment.
E. Work a minimum of 40 hours per week within a flexible schedule to
appropriately accommodate program purposes and objectives.
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EXHIBIT B
TO
AGREEMENT BETWEEN THE COUNTY AND THE
CITIES OF DANA POINT, LAGUNA HILLS, LAGUNA NIGUEL, AND SAN JUAN CAPISTRANO
FOR THE PROVISION OF GANG PREVENTION AND SUPPRESSION SERVICES
JULY 1, 1994 THROUGH JUNE 30, 1995
BUDGET CATEGORY AND LINE -ITEM DETAIL
SALARIES AND EMPLOYEE BENEFITS
PERSONNEL SERVICES - SALARIES
1 DEPUTY PROBATION OFFICER II
REGULAR SALARIES
PREMIUM PAY
ON CALL PAY
TOTAL SALARIES
PERSONNEL SERVICES - BENEFITS
1. RETIREMENT 4.86% OF REG. SAL.
2. EMPLOYEE GROUP INSURANCE
@ 284/MAN-M0. X 12 MAN/M0.
3. OCEA HEALTH BENEFITS
@ 23.40/MAN-M0. X 12 MAN -MO.
4. WORKERS COMP. 5.00% OF REG. SAL.
S. UNEMPL. INS. 0.15% OF TOTAL SAL.
6. ADMIN OF EGI 2.5% OF GROUP INS.
TOTAL BENEFITS
OPERATING EXPENSES
COMMUNICATIONS $85/MO. X 12 MOS.
OFFICE EXPENSE $80/M0. X 12 MOS.
TRAVEL $350/MO. X 12 MOS.
RENTAL OF CELLULAR PHONE $9/MO. X 12 MOS.
TOTAL OPERATING EXPENSES
INDIRECT COST
DEPARTMENTAL OVERHEAD
17.58% OF REG. SALARIES A BENEFITS
TOTAL BUDGET
AMOUNT
$47,210
407
$47,617
$ 2,294
3,408
281
1,964
71
95
S 8.103
$ 1,020
960
4,200
108
S 6.288
E�
$71.717
0
Adoption of Council Policy No. 117:
It was moved by Council Member Vasquez, seconded by Council ember Nash, and unanimously
carried that Council Policy No. 117 be adopted requiring C cil ad hoc committees to provide a
written report to the Council at the conclusion of their d erations.
3. P N 8- T 0
Written Communication:
Report dated July 5, 1994, from ole Jacklin, Council Services Manager, recommending that a
Council Policy be adopted requ g Council Members to provide a written report of their attendance
at City -paid conferences seminars to the Council for the next available Council agenda.
It was moved b, ouncil Member Vasquez, seconded by Council Member Nash, and unanimously
carried that uracil Policy No. 117 be adopted requiring Council Members to provide a written report
of their.96ndance at City -paid conferences and seminars to the Council for the next available Council
—�7 4. AGREEMENT FOR PROVISION OF GANG SUPPRESSION SERVICES BY
COUNTY PROBATION DEPARTMENT AND SHERIFF'S DEPARTMENT IN
SOUTH COUNTY CITIES (600.50)
Written Communication:
Report dated July 5, 1994, from Jennifer Murray, Assistant to the City Manager, recommending that
the City participate in the South Orange County Gang Prevention and Suppression Program, along
with the Cities of Dana Point, Laguna Niguel, and Laguna Hills, for Fiscal Year 1994-95, at a cost of
$17,930 for the San Juan Capistrano's share of the program.
5.
Jennifer Murray, Assistant to the City Manager, made an oral presentation. Connie Havens,
Supervisor, and Todd Thomas, Deputy Probation Officer assigned to San Juan Capistrano and other
cities, introduced themselves.
Approval of Agreement with CoQV for Gang Prevention and Suppression Services_:
It was moved by Council Member Jones, seconded by Council Member Vasquez, and unanimously
carried that the Agreement for Provision of Gang Prevention and Suppression Services between the
County and the Cities of Dana Point, Laguna Hills, Laguna Niguel, and San Juan Capistrano be
approved for the period beginning July 1, 1994, through June 30, 1995, at a cost of $17,930 for San
Juan Capistrano's share of the program.
Council Member dicated he would abstain from discussion/voting in this matter due to a
potential conflict of interest. stated that he has a business relationship with Kenneth Friess &
Associates in that he receives direct c enation from the firm for his services.
Written Communications:
(1) Report dated July 5, 1994, from Jennifer Murray, t to the City Manager, summarizing
the Request for Proposal process for the selection of the Human Relation Consultant
and recommending that the Community Counseling Center be s ted.
City Council Minutes -13- 7/5/94
0
AGENDA ITEM July 5, 1994
TO: George Scarborough, City Manager
FROM: Jennifer Murray, Assistant to the City Manager
SUBJECT: Agreement for Provision of Gang Suppression Services by County Probation
Department and Sheriffs Department in South County Cities
By motion, 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 for the period of July 1, 1994 through June 30, 1995.
SITUATION:
Summary:
San Juan Capistrano participates with three neighboring cities and the County of Orange in the South
Orange County Gang Prevention and Suppression Program. Staff recommends the City Council
authorize participation in this program for the 1994-95 fiscal year and approve the attached
agreement.
Background:
The South Orange County Gang Prevention and Suppression Program initiated the Gang Awareness
and Suppression Team consisting of a Sheriffs Deputy and a Probation Officer. For the last three
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 City of Laguna Hills was added to the program in 1993.
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 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 members and
restriction from specific areas where gang activity might congregate. The close supervision of the
gang probationer also allows for contact and suppression of activities of other gang members and
potential gang members. The structure of this team allows for the development of intelligence
information of gang activities. This information is used by the Sheriffs 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 schools.
FOR CITY COUNCIL AGEND � 6 /C1—
• 9
Agenda Item - 2 - July 5, 1995
The teaming of the Probation Department and Sheriffs Department has created a situation providing
exceptional access to the gang member 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 accept gang activity.
Staff recommends the City's continued participation in this program and requests the City Council
approve the attached agreement.
COMMISSIONBOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
The total cost of the agreement is $71,717. This cost is shared equally by the four cities. San Juan
Capistrano's share is approximately $17,930. Funds have been included in the proposed 1994-95
Budget for this contract.
NOTIFICATION:
County of Orange Probation Department
ALTERNATE ACTIONS:
By motion, 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 for the period of July 1, 1994 through June 30, 1995.
2. Do not approve the agreement.
Request additional information from staff.
RECOMMENDATION:
By motion, 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 for the period of July 1, 1994 through June 30, 1995.
Respectfully submitted,
J nifer . Murray
Assistan to the City Manager
Attachment: Proposed Agreement
Ll
July 8, 1994
Ms. Connie Haven
Gang Violence Suppression Unit
909 North Main Street, Suite I
Santa Ana, California 92701-3511
Jwon �
' � I �nur,ee'lll
uuvu 1961
1776
Re: Agement for Gang_ Prevention and Suppression Services
Dear Ms. Haven:
MEMBERS OF THE CITY COUNCIL
COLENE CAMPBELL
GARY L. HAUSOORFER
OIL JONES
CAROLYN NASH
JEFF VASQUEZ
CITY MANAGER
GEORGE SCARBOROUGH
At their meeting of July 5, 1994, the City Council of the City of San Juan Capistrano approved the
July 1, 1994, 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.
You may forward the Agreement to the City Clerk's office to obtain the necessary signatures. If you
need any additional information, please let us know.
Very truly yours,
(�k" 64—
Cheryl Johnson
City Clerk
32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171