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00-0701_ORANGE , COUNTY OF_Agreement0 AGREEMENT FOR s PROVISION OF GANG PREVENTION AND SUPPRESSION SERVICES BETWEEN THE COUNTY OF ORANGE AND THE CITIES OF DANA POINT, LAGUNA NIGUEL, AND SAN JUAN CAPISTRANO: JULY 1, 2000 THROUGH JUNE 30, 2001 THIS AGREEMENT, entered into this first day of July, 2000, which date is enumerated for purposes of reference only, is by and between the COUNTY OF ORANGE, a political subdivision of the State of California (COUNTY), and the cities of Dana Point, 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, CITIES desire to contract with COUNTY for the provision of gang prevention and suppression services for a target population of adults and minors on probation and residing within the geographical boundaries of CITIES; and WHEREAS, CITIES have appropriated funds to enter into this Agreement with COUNTY for said gang prevention and suppression services; and WHEREAS, COUNTY is willing and capable of providing a service addressing one or more of the objectives of CITIES. NOW, THEREFORE, in consideration of mutual promises, covenants, and conditions hereinafter set forth, the parties agree as follows: Page I of 15 XIX. Third Party Rights......................................................................................................................... 13 XX. Alteration of Terms / Entire Agreement....................................................................................... 13 SignaturePage............................................................................................................................... 15 EXHIBIT A - DESCRIPTION OF SERVICES AND STAFFING I. Purpose............................................................................................................................................I II. Target Population............................................................................................................................ I III. Program Process.............................................................................................................................. 2 IV. Program Objectives......................................................................................................................... 3 V. Scope of Duties—Deputy Probation Officer.................................................................................. 3 EXHIBIT B - BUDGET Page 2 of 15 CONTENTS PARAGRAPH PAGE I. Description of Services and Staffing.............................................................................................. 3 II. Term................................................................................................................................................ 3 III. Compensation................................................................................................................................. 3 IV. Financial Accountability.................................................................................................................4 V. Program Supervision....................................................................................................................... 7 VI. Disputes...........................................................................................................................................7 VII. Status of County.............................................................................................................................. 7 VIII. Affirmative Action.......................................................................................................................... S IX. Nondiscrimination.......................................................................................................................... 9 X. Other Sources of Income................................................................................................................ 9 XI. Right to Audit.................................................................................................................................. 9 XII. Retention of Financial Records...................................................................................................... 9 XIII. Internal Controls...........................................................................................................................10 XIV. Confidentiality...............................................................................................................................10 XV. Indemnification............................................................................................................................. 1 I XVI. Distribution of Forfeited and Seized Assets ................................................................................. 12 XVII. Termination...................................................................................................................................12 XVIII. Notices _ _ _ _ 13 XIX. Third Party Rights......................................................................................................................... 13 XX. Alteration of Terms / Entire Agreement....................................................................................... 13 SignaturePage............................................................................................................................... 15 EXHIBIT A - DESCRIPTION OF SERVICES AND STAFFING I. Purpose............................................................................................................................................I II. Target Population............................................................................................................................ I III. Program Process.............................................................................................................................. 2 IV. Program Objectives......................................................................................................................... 3 V. Scope of Duties—Deputy Probation Officer.................................................................................. 3 EXHIBIT B - BUDGET Page 2 of 15 0 0 I. DESCRIPTION OF SERVICES AND STAFFING COUNTY agrees to provide those services, facilities, equipment and supplies as described in Exhibit A and budgeted for in Exhibit 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 who are to provide such services, by name, title, professional degree and experience, and any changes thereto. 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 This Agreement shall commence on July 1, 2000 and terminate on June 30, 2001, unless otherwise terminated as provided in this Agreement; provided, however, COUNTY shall be obligated to perform such duties as would normally extend beyond that term, including but not limited to, obligations with respect to confidentiality, indemnification, audits, reporting and accounting. II1. COMPENSATION CITIES shall pay their respective shares to COUNTY for services rendered hereunder, in a sum not to exceed Ninety Three Thousand, Two Hundred and Forty -Nine Dollars ($93,249), payable on a cost reimbursement basis upon submission of monthly claims, in accordance with payment procedures as detailed in subparagraph N.B of this Agreement. Page 3 of 15 IV. FINANCIAL ACCOUNTABILITY A. COUNTY agrees to provide fiscal procedures adequate to assure accounting for the billing of costs to CITIES under this Agreement, in accordance with COUNTY'S general accounting policies, and the accounting policies and procedures of COUNTY'S Auditor -Controller. All claimed reimbursements will be supported with source documents retained by COUNTY, including, but not limited to, time sheets, invoices, canceled checks, receipts and receiving records. B. COUNTY agrees to reimburse CITIES for expenditures determined to be in violation of the terms and conditions of this Agreement. 1. Allowable Costs All items of cost, actually incurred, which are provided for in the appended budget attached hereto as Exhibit B, shall be allowable for payment. Any program costs or administrative costs that cannot be charged directly to the Gang Violence and Suppression Program ("GVS Program") of COUNTY'S Probation Department must be apportioned based on a cost allocation plan approved by COUNTY'S Auditor -Controller, and must be certified by the ADMINISTRATOR, or his designee. Such certification is subject to audit as authorized in Paragraph XI of this Agreement. Allowable costs shall be paid to COUNTY in accordance with the major cost categories and maximum amounts as provided for in the appended budget. The maximum amount allowable for each of the major cost categories (consisting of the totals for personnel services, operating expenses and indirect cost) within this Agreement may be adjusted, provided that the overall budget and Program goals and objectives are not changed. During the term of this Agreement, line items within major categories may be adjusted up to ten percent (10%) cumulatively without prior approval of CITIES, as long as the expenditures are reasonable, appropriate, and necessary to achieve Program objectives, and the overall budget of Ninety Three Page 4 of 15 9 0 Thousand, Two Hundred and Forty -Nine Dollars ($93,249) remains unchanged. 2. Utilization and Pavment of Funds COUNTY shall be reimbursed monthly in arrears for actual costs incurred, upon the submission of detailed invoices provided and submitted to CITIES. The monthly invoices shall be submitted in such form and detail as required by COUNTY'S Auditor -Controller, and be accompanied by an affidavit signed by COUNTY certifying the appropriateness of the costs claimed. All invoices shall be issued within 15 days of availability of the cost data for the previous month. CITIES must reimburse costs within thirty (30) days of the date of the invoice for which payment is being rendered. 3. Late charges will be assessed to CITIES in the following situations: a. Over-the-counter payments will be assessed a late charge if any payment is not received by COUNTY within thirty (30) days of the date of the invoice for which payment is being rendered. b. Payments transmitted to COUNTY via the U.S. Mail, and which have CITIES' postage meter mark, will be assessed a late charge if any payment is not received within thirty one (3 1) days of the date of the invoice for which the payment is being rendered. C. Payments transmitted to COUNTY via the U.S. Mail, and which have a U.S. Post Office postmark dated thirty (30) days after the date of the invoice, will be assessed a late charge. 4. The late charge assessed in each of the above situations shall be three- quarters of one percent (0.751/6) of the payment due and unpaid, plus One Hundred Dollars ($100.00) for late payments made within thirty (30) days after the payments are due. An additional charge of three-quarters of one percent (0.75%) of said payment shall be added for each additional Page 5 of 15 0 0 thirty (30)- day period that the invoice remains unpaid. Late charges shall be added to the payment due and invoiced to CITIES in accordance with subparagraph IV.13.3. Any invoices and applicable late charges remaining unpaid within ninety (90) days of the invoice date may result in deductions, by COUNTY'S Auditor -Controller, from money held on deposit with COUNTY'S Treasurer for CITIES, in accordance with Government Code Section 907 and any other applicable provision of law. 5. Early payments received by COUNTY from CITIES shall entitle CITIES to a discount of one-quarter of one percent (0.25%), if payment is received by COUNTY within eleven (1 l) days of the date of the invoice. CITIES may take credit for the discount in the current payment. However, if a discount is taken inappropriately, COUNTY shall notify CITIES immediately that the discount should not have been taken and that the balance is due within thirty (30) days of the invoice date, subject to late charges, pursuant to subparagraph IV.B.4. of this Agreement. 6. COUNTY shall have sixty (60) days from the end of the term of the Agreement to liquidate all program obligations incurred during said term. COUNTY shall then submit the final claim for reimbursement within sixty (60) days of the end of the term of the Agreement. CITIES shall not be liable for any claims submitted beyond sixty (60) days of the end of the term of the Agreement. 7. E ui ment Equipment is nonexpendable personal property, having a useful life in excess of four (4) years and a unit acquisition cost of Three Thousand Dollars ($3,000) or more, including tax and installation. All equipment purchased with CITIES' funds is the property of COUNTY. COUNTY will be responsible for the replacement of all equipment after its useful life Page 6 of 15 is exhausted. 0 9 V. PROGRAM SUPERVISION A. ADMINISTRATOR shall appoint an Orange County Probation Department GVS Program Supervisor to oversee the daily operation and administration of the Agreement pursuant to the terms and conditions contained herein. B. The GVS Program Supervisor shall submit a "Gang Violence Suppression Semi - Annual Report" to CITIES. VI. DISPUTES A. When COUNTY and CITIES fail to agree as to whether or not any work is within the scope of the requirements of this Agreement, CITIES shall, within fifteen (15) calendar days, provide COUNTY with a written protest specifying in detail the manner in which the requirements were not fulfilled, and the proposed remedy. B. The ADMINISTRATOR agrees to furnish a written decision on the dispute within thirty (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 COUNTY and CITIES. 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. 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. Page 7 of 15 0 9 VIII. AFFIRMATIVE ACTION 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, COUNTY shall not discriminate against any employee or applicant for employment on the basis of race, sex, color, religious ancestry, national origin, age or physical or mental condition. 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 matters. COUNTY will permit access by CITIES, 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 Agreement. Page 8 of 15 0 9 IX. NONDISCRIMINATION 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 condition. X. OTHER SOURCES OF INCOME COUNTY shall not bill CITIES for any service, cost or expense for which COUNTY has been reimbursed by revenue, income or grants from any other source, if those revenue, income, or grants are expressly earmarked by the source for services provided under this Agreement, or for similar services for the benefit of CITIES' areas. XI. RIGHT TO AUDIT CITIES shall have access to any books, documents, papers and records of COUNTY, which CITIES determine to be pertinent specifically to this Agreement, for the purpose of making an audit, evaluation, excerpts and transcripts. XII. RETENTION OF FINANCIAL RECORDS A. COUNTY shall maintain and preserve all books, financial statements, journals, ledgers, source documents and other financial records for a period of seven (7) years from the termination of this Agreement, and for such longer period as may be required by any applicable statute. All financial records shall be kept or made available to CITIES at COUNTY'S principal place of business. Exceptions to the above provisions of this section must have prior written approval of ADMINISTRATOR. 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 CITIES take exception, shall be retained by COUNTY until disposition of such appeals, litigation, claims, or Page 9 of 15 E exceptions. XIII. INTERNAL CONTROLS • COUNTY shall maintain necessary written procedures establishing internal controls approved by COUNTY'S Auditor -Controller for its personnel, instruct all of its personnel in said procedures, and continuously supervise its operations to ensure compliance. XIV. CONFIDENTIALITY A. 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 Califomia when such records come into the possession of, or are generated by CITIES. B. CITIES, CITIES' staff, and all agents and employees of CITIES shall maintain the confidentiality of such records in accordance with Orange County Juvenile Court's policy titled Confidentiality and Release of Information dated January 28, 1997, and adopted in accordance with California 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. C. "Juvenile record information" is understood to include all records and data which identify the subject of the information, and associate the subject with any aspect of the administration of the Juvenile Court law of the State of Califomia. 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 CITIES or not. D. CITIES agree to maintain the confidentiality of all records and information Page 10 of 15 0 0 pertaining to adult probationers or parolees. CITIES, CITIES' staff, and all agents and employees of CITIES shall maintain the confidentiality of all such records, access to which may be limited by Title 42 of the Code of Federal Regulations, California Welfare and Institutions Code Section 5328 et seq., Title 28, Parts 20 and 22 of the Code of Federal Regulations, California Penal Code Sections 1203.05, 1203.10,11075-11081, 11105, 11140-44, 13200-13202 and 13300-13305, or any other statute, court order or case law. No access, disclosure, or release of such information shall be permitted except as authorized by statute, court order or other lawful process. E. "Adult client information" shall be understood to include all records and data which identify the subject of the information with the criminal justice system within 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 CITIES or not. It shall be understood by CITIES, CITIES' staff and all agents and employees of CITIES, that unauthorized release of certain information, as specified by statute, may render CITIES or CITIES' staff, or any of the employees or agents of CITIES, liable for criminal and/or civil penalties. F. All written materials pertaining to adult and juvenile clients shall be placed in a secure and locked file when not in use, and access to such materials shall be limited to specified authorized staff. XV. INDEMNIFICATION COUNTY shall indemnify, hold harmless and defend CITIES, its officers, agents and employees from any and all claims, demands, loss or liability for injury, death or damage arising out of the acts or omission to act by COUNTY agents or employees in carrying out this Agreement. CITIES shall indemnify, hold harmless and defend COUNTY, its officers, agents and employees, Page 11 of 15 0 9 from any and all claims, demands, loss or liability for injury, death or damages arising out of the acts or omission to act by CITIES' agents or employees in carrying out this Agreement. Transmittal to COUNTY by 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. DISTRIBUTION OF FORFEITED AND SEIZED ASSETS The parties agree to follow the guidelines of Sections 11469-11495 of the California Health and Safety Code regarding the distribution of forfeited and seized assets from drug enforcement activities, as they may apply to the services provided under this Agreement. The parties may, if needed, seek instructions or clarification from a countywide panel of law enforcement officers as may be appointed to implement specified forfeiture guidelines. XVII. TERMINATION A. Either party may terminate this Agreement, without cause, upon thirty (30) days written notice given to the other party. B. Contingent Funding: Any obligation under this Agreement is contingent upon the continued availability of funds for reimbursement of COUNTY'S cost of services hereunder, and inclusion of sufficient funding for the services hereunder in CITIES' budget for the period July 1, 2000 through June 30, 2001. In the event such funding is subsequently reduced or terminated, that CITY whose funding has been reduced or terminated may terminate this Agreement, as between that CITY and COUNTY, upon thirty (30) days written notice given to COUNTY. In the event of such termination and as to that CITY whose funding has been reduced or terminated, COUNTY will not be obligated to continue Program services beyond the thirty (30) -day notification period. Similarly, that CITY whose funding has been reduced or terminated will not be required to Page 12 of 15 0 9 reimburse COUNTY for any services received beyond the thirty (30) -day notification period. However, nothing in this Paragraph terminates this Agreement with respect to COUNTY and that other CITY which continues to have available funds, or continues to include sufficient funds in its budget, for the period July 1, 2000 through June 30, 2001. XVIII. NOTICES Notices and payments to COUNTY 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 CITIES addressed as follows: City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 Attention: City Manager City of Laguna Niguel 27821 La Paz Road Laguna Niguel, CA 92656 Attention: City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: City Manager XIX. THIRD PARTY RIGHTS The parties intend not to create rights in, or to grant remedies to, any third party as beneficiary of this Agreement or of any duty, covenant, obligation or undertaking established herein. XX. ALTERATION OF TERMS / ENTIRE AGREEMENT This Agreement and the attached exhibits fully express the understanding of COUNTY and CITIES with respect to the subject matter of this Agreement, and shall constitute the total Page 13 of 15 0 0 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 both parties. // // // // // 1! // // // // // // Page 14 of 15 L 1-1 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers. CITY OF 0 BY: —o l � DATED: �d Miayr APPROVED AS TO FORM: � ATTEST: BY: _ y _-,..ne ars a a en, ity Ier� c e e a o , City Attorney DATED: CITY OF LAGUNA NIIGG�U BY: ��� �(j(/iy�L /% � DATED - Mimi Walters, Mayor APPROtv, AS TO F¢'R� :. / ATT BY: ita ana_ ,itv . er DATED: I g Wo o M"- '1" HIA IN P 75; wo -ro :00- X-- w" 4'_ - 0'� APPROVED AS T)p FORM: BY:' o —a/ rty ttorney DATED: DATED:�VI4S_ ATTEST: Cheryl s , ity Clerk COUNTYV/�!� BY: _ DATED: `d 6 Robinson CW Probation Officer APPROVED AS TO FORM: Laurence M. Watson County Counsel BY: DATED: couni-younsei Page 15 of 15 0 0 EXHIBIT A CITIES OF DANA POINT, LAGUNA NIGUEL, AND SAN JUAN CAPISTRANO GANG VIOLENCE SUPPRESSION PROGRAM DESCRIPTION OF SERVICES AND STAFFING I. Purpose The purpose of the Gang Violence Suppression Program ("GVS Program") is to coordinate the resources of law enforcement, schools, and COUNTY'S Probation Department in a joint effort 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 among COUNTY'S Probation Department, COUNTY'S Sheriffs Department, and Unified School Districts within the Cities of Dana Point, Laguna Niguel, and San Juan Capistrano. C. A Deputy Probation Officer shall work in conjunction with Deputy Sheriffs in the supervision and enforcement of court orders for minors and adults on probation, under the existing policy of the Orange County Probation Department and Superior Court. II. Tareet Population The target population consists of adults and juveniles/minors who have been placed on probation by the Court ("probationers"), whose primary residence is in the Cities of Dana Point, Laguna Niguel, or San Juan Capistrano, or whose criminal activity impacts the safety of citizens of those cities, and who display one or more of the following characteristics: A. Claims gang membership; B. Associates with known gang members; Page I of 4 0 0 C. Committed an offense with a gang member; or D. Displays indications of at -risk behavior. III. Pro¢ram Process A. Probationers who will potentially be supervised in the GVS Program will have their cases screened for the gang identification criteria by the Supervising Probation Officer of the GVS Program unit. Probationers who meet the criteria will be accepted into the unit and assigned to the GVS Deputy Probation Officer's caseload for the Cities of Dana Point, Laguna Niguel, and San Juan Capistrano. Probation supervision will be conducted in the manner as prescribed by the policies and procedures of COUNTY'S Probation Department. When appropriate, referrals will be made for the probationers and their families 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 orders 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 community education programs as determined 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 Supervising Probation Officer of the GVS Program unit. Intelligence gathering and investigation of new crimes will be the responsibility of COUNTY'S Sheriffs Department. The Deputy Probation Officer's main responsibility will be the supervision of probationers and enforcement of court orders. Page 2 of 4 IV. Program Obiectives The Program shall: 0 A. Provide intensive supervision of probationers who are involved with, or suspected of, gang -related activity. B. Provide increased level of probation supervision. The Deputy Probation Officer shall carry a caseload which shall consist of approximately 35 active cases, or more, depending on need. C. Mobilize community resources which will assist in reducing gang activity. D. Combine the resources of COUNTY'S Probation Department and COUNTY'S Sheriffs Department 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 COUNTY'S Probation Department, law enforcement, schools, and communities in the delivery of the gang prevention and suppression services, and who 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 probationers' associates; make arrests for probation violations; conduct searches and seizures and gather information on gang activity, to be shared for suppression and prevention, with other deputy probation officers, law enforcement officers and school resources. C. Participate in task forces associated with the objectives of the Program. Page 3 of 4 D. Perform other duties as required by the assignment. E. Work a minimum of 40 hours per week, and operate within a flexible schedule to appropriately accommodate Program purposes and objectives. Page 4 of 4 0 EXHIBIT B • DANA LAGUNA SAN JUAN TOTAL POINT NIGUEL CAPISTRANO BUDGET BUDGET CATEGORY/LINE-ITEM DETAIL 1/3 1/3 1/3 3/3 I. SALARIES AND EMPLOYEE BENEFITS A. SALARIES 1 Deputy Probation Officer ll: Regular Salaries $18,358 $18,358 $18,358 $55,074 Premium Pay (approximately 480 hrs.) $212 $212 $212 $636 On -Call Pay (approx. 470 hrs.) $1,033 $1,033 $1,033 $3,099 Total Salaries $19,603 $19,603 $19,603 $58,809 B. EMPLOYEE BENEFITS 1. Retirement @ 2.00% of regular salaries $367 $367 $367 $1,101 2. Employee Group Insurance (EGI) @ $324/man-mo. X 12 mos. $1,296 $1,296 $1,296 $3,888 3. Admin. of EGI @ 2.5% of EGI $32 $32 $32 $96 4. OCEA Health Benefits @ $23.40/man-mo. X 12 mos. $94 $94 $94 $282 5. Unemployment Insurance @ 0.08% of total salaries $16 $16 $16 $48 6. Workers' Compensation Insurance @ 2.46% of total salaries $483 $483 $483 $1,449 7. Medicare, @ 1.45 % of regular salaries $266 $266 $266 $798 Total Benefits $2,554 $2,554 $2,554 $7,662 TOTAL SALARIES & BENEFITS $22,157 $22,157 $22,157 $66,471 II. OPERATING EXPENSES 1. Communications $500 $500 $500 $1,500 2. Office Expense $433 $433 $433 $1,299 3. Travel, Mileage, Parking $350/mo. X 12 mos. $1,400 $1,400 $1,400 $4,200 4. Maintenance of Pager $4/mo. X 12 mos. $16 $16 $16 $48 TOTAL OPERATING EXPENSES $2,349 $2,349 $2,349 $7,047 111. INDIRECT COST 1. Departmental Overhead @ 31.45% of regular salaries and benefits TOTAL INDIRECT COST $6,5771 $6,5771 $6,5771 19,731 TOTAL BUDGET $31,083 $31,083 $31,083 $93,249 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 — (949) 493-1053 (FAX) July 6, 2000 Chief Probation Officer County of Orange 909 North Main Street Santa Ana, California 92701 Juan nunnxle 1961 1776 Re: Gana Prevention and Suppression Services Gentlemen: MEMBERS OF THE CM COUNCIL DIANE L. BATHGATE COLLENE CAMPBELL JOHN GREINER WYATT HART DAVID M. SWEROMN CITY MANAGER GEORGE SCARBOROUGH At their meeting of July 5, 2000, the City Council of the City of San Juan Capistrano approved 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" for the one-year period beginning July 1, 2000 and ending June 30, 2001. One copy of the agreement has been signed by the City and is enclosed. Upon approval and signature by the remaining parties, please return one fully -executed copy to the City Clerk's office. Thank you for your cooperation. If I can be of further assistance, I can be reached at 443- 6308. Very truly yours, Cheryl Joh2n' City Clerk Enclosure cc: Lt. Rick Stahr (with enclosure) Diane Regier (with enclosure) Sun Juan Capistrano: Preserving the Post to Enhance the Future DNU� USE IS 113 requested re-evaluation of their petition, noting that speed had increased and there were more children in the neighborhood. He also noted there were numerous beer cans at the entrance to the development. Staff and the Chief of Police were directed to meet with him regarding his concerns. CONSENT CALENDAR It was moved by Council Member Hart, seconded by Council Member Greiner, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and Mayor Campbell NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. APPROVAL OF CITY COUNCIL MINUTES OF JUNE 6. 2000 The Minutes of the Regular Meeting of June 6, 2000, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF JUNE 15 2000 (300 30) The List of Demands dated June 15, 2000, in the total amount of $544,751.98, was ordered received and filed. �- 4. APPROVAL OF AGREEMENT FOR GANG SUPPRESSION SERVICES (ORANGE COUNTY PROBATION AND ORANGE COUNTY SHERIFF'S DEPARTMENTS 600.50 As set forth in the Report dated July 5, 2000, from the Chief of Police Services, the Agreement between the County of Orange and the cities of Dana Point, Laguna Niguel and San Juan Capistrano for gang prevention and suppression services was approved for a one-year period beginning July 1, 2000 and ending June 30, 2001, with the City's share of the cost for services set at $31,088. The Agreement will be administered by the County Probation Department. APPROVAL OF AGREEMENT FOR GANG PREVENTION SERVICES (COMMUNITY SERVICES PROGRAM, INC.) (600.30) As set forth in the Report dated July 5, 2000, from the Chief of Police Services, the Agreement with Community Services Program, Inc., to provide gang prevention, City Council Minutes -3- 07/05/00 • AGENDA ITEM July 5, 2000 TO: George Scarborough, City Manager FROM: Lt. Rick Stahr, Chief of Police Services SUBJECT: Consideration of Agreement for Provision of Gang Suppression Services by County Probation Department and Orange County Sheriffs Department. 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, and San Juan Capistrano for the period of July 1, 2000 through June 30, 2001. SITUATION: San Juan Capistrano participates with the Cities of Dana Point, Laguna Niguel, and the County of Orange in the South Orange County Gang Prevention and Suppression Program. Gang members who are on probation receive closer supervision as the result of this program. This enhanced supervision is a vital component of the over-all strategy to eradicate youth and gang violence. Staff strongly recommends the City Council authorize participation in this program for the fiscal year 2000/01 and approve the attached agreement. BACKGROUND: Since 1991, the City of San Juan Capistrano has participated in the South Orange County Gang Prevention and Suppression Program. Under the terms of the agreement the probation officer assigned to the program carries a caseload of 35 to 50 probationers, far fewer then the normal caseload of 80. In reviewing the probation departments quarterly report the case load has been running higher than the contract calls for, but well below the average probation officer's standard caseload. The present caseload has been between 43 and 49 probationers. Additionally, of the gang members assigned to this program 60% reside in San Juan Capistrano. Another provision of the agreement is the teaming of the probation officer with a deputy sheriff from the Sheriff s Department's Gang Enforcement Team (GET). The teaming of the probation officer and the sheriff s deputy has created a exceptional avenue of access to the gang member. It maximizes officer safety with legal authority to monitor and apprehend violent gang members. Close attention is paid to gang members with violent behavior and all provisions of their probation are strictly enforced. As an important component of the over-all gang suppression strategy this program serves as a deterrent to gang activity and recruitment. Gang members are closely supervised with frequent home checks, probation searches and school contacts. FOR CITY COUNCIL AGE 1) 4 AGENDA ITEM July 5, 2000 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not Applicable FINANCIAL CONSIDERATIONS: The total cost of the agreement is $93,249.00. The cost is shared equally by three cities. San Juan Capistrano's share is $31,088, an increase of $7,662.00 or 9% from last year. Probation reports the increase is due to salary and overhead expenditures. Funds have been included in the proposed 2000/01 Budget for this contract. NOTIFICATION: Orange County Probation Department ALTERNATE ACTIONS: By motion, approve the Agreement for Provisions of Gang Prevention and Suppression Services between the County of Orange and the Cities of, Dana Point, Laguna Niguel and San Juan Capistrano for the period of July 1, 2000 through June 30, 2001. 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 and San Juan Capistrano for the period July 1, 2000 through June 30, 2001. Respectfully submitted, Lt. Rick Stahr Chief of Police Services Attachment: Proposed Agreement (City Council Packets Only) (Note: Agreement is available in the City Clerks Office for public review) COUNTY OF ORANGE MEMORANDUM TO: Darlene Bloom Clerk of the Board of Supervisors FROM:D ORI -ala Oca Ragan, Staff Analyst III 7)1 Probation Department, Admin. & Fiscal Div./Contract Services DATE: November 3, 2000 SUBJECT: Agreement for Provision of Gang Prevention and Suppression Services Between the County of Orange and the Cities of Dana Point. Lacuna Niauel. and San Juan Caoistrano Pursuant to Minute Order Item Number 23 dated September 19, 2000, the Board authorized the Chief Probation Officer, on its behalf, to execute the subject contract, for the period July 1, 2000 - June 30, 2001. Attached for your records is a fully executed original of the subject agreement. Attachment (Agreement only) Copies with 3 attachments (Minute Order, AIT, Agreement): Lt. Gus De La Torre, City of Dana Point Police Services Lt. Linda Spreine, City of Laguna Niguel Police Services Lt. Rick Stahr, City of San Juan Capistrano Police Services Sherie Christensen, County Counsel Stephanie Lewis, Acting Chief Probation Officer Colleene Preciado, CDPD, Special Services John Bowater, CDPO, Field Services Tom Wright, CDPD, Institutions Bill Daniel, Division Director, Adult Alternatives - CCO Walt Krause, Division Director, Admin. & Fiscal Div. Earl Rees, Contract Services Manager, Admin. & Fiscal Div. Walt Watanabe, Administrative Manager, Admin. & Fiscal Div. Don Beezley, SPO, GVS Unit 333 Jan Brown, Senior Staff Analyst, Admin. & Fiscal Div. Olga Echevarria, Division Secretary, Admin. & Fiscal Div. 0 ORANGE COUNTY BOARD OF SUPERVISORS MINUTE ORDER September 19, 2000 Submitting Axencv/DeDartment: Probation Approve agreement with Dana Point, Laguna Niguel and San Juan Capistrano for gang prevention and suppression services, 7/1/00 - 6/30/01 - District 5 The following is action taken by the Board of Superuisors: APPROVED AS RECOMMENDED 19 OTHER O Unanimous ® (1) SMITH: Y (2) SILVA: Y (3) SP=R: Y (4) COAD: Y (5) WILSON: Y Vote Key: Y= Yes; N=No; A=Abstain; X=Excused; B.O.=Board Order Documents accompanying this matter: O Resolution(s) O Ordinances(s) Contract(s) Item No. 23 Special Notes: Copies sent to: L I certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisors , Orange County, State of California. DARLENE J. BLOOM, Clerk of the Board a /. 00 • 0 r _ /DATE ohn Robinson, Chief Probation Officer AGENCY/DEPT. USE CLERK USE ONLY -� AGENDA ITEM TRANSMITTAL - } .. ..... Fl ;.., CEO REVIEW n `e; Do Not Concur PUBLIC HEARN/a ❑ -TY Exempt TO: BOARD OF SUPERVISORS COUNTY OF ORANGE CONTACT FOR INFORMATION a PHONE FROM: PROBATION DEPARTMENT Bill Daniel 796-0426 MEETING DATE SUBJECT SUPV. DIST. September 19, 2000 AUTHORIZATION TO EXECUTE AGREEMENT WITH THE CITIES OF DANA 5 POINT, LAGUNA NIGUEL, AND SAN JUAN CAPISTRANO FOR PROVISION OF GANG PREVENTION AND SUPPRESSION SERVICES SUMMARY OF REQUEST (Description for agenda) The Probation Department requests authorization for the Chief Probation Officer to execute the renewal agreement with the Cities of Dana Point, Laguna Niguel, and San Juan Capistrano for the provision of gang prevention and suppression services. ADDITIONAL DATA: The Cities of Dana Point, Laguna Niguel, and San Juan Capistrano have contracted with the County for gang prevention and suppression services since February 28, 1991. Under the terms of the agreement, the County provides a Deputy Probation Officer who works in gang prevention and suppression teams with police officers, gang investigators, and school district coordinators. The program has proven to be effective in suppressing gang activities through intensive supervision of gang probationers, enforcement of court-ordered searches and seizures, gang activity intelligence information gathering, and gang awareness programs and seminars. Continued on Pa e 2 PREVIOUS RELEVANT BOARD ACTIONS ON THIS SPECIFIC ITEM: Minute Orders dated 2/28/91, 9/15/92, 6/29/93, 8/23/94, 9/12/95, 8/20/96, 8/26/97, 10/6/98, 9/28/99. FUNDING SOURCE(S) CURRENT YEAR COST ANNUAL COST suDGEMir Z YES MW County Genera( Funds, 100% reimbursed by $93,249 $93,249 the Cities of Dana Point, Laguna Niguel, and 100% Revenue Offset 100% Revenue Offset San Juan Capistrano WILL PROPOSAL REQUIRE ADDITIONAL PERSONNEL? CONSISTENT WITH BOARD POLICY? ® NO IF YES. STATE NUMBER PERMANENT LIMITED TERM ® YES ❑ NEW ITEM OR EXCEPTION RECOMMENDED ACTION Authorize the Chief Probation Officer, on behalf of the Board of Supervisors, to execute the attached agreement with the Cities of Dana Point, Laguna Niguel, and San Juan Capistrano for the provision of gang prevention and suppression services, for the period July 1, 2000 through June 30, 2001. CONCURRENCES (If applicable) ATTACHMENTS 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 r _ /DATE ohn Robinson, Chief Probation Officer AGENDA ITEM TRANSMITTAL Authorization to Execute Agreement with Cities of Dana Point, Laguna Niguel, and San Juan Capistrano for Provision of Gang Prevention and Suppression Services Page 2 of 2 ADDITIONAL DATA (continued) The previous agreement with the Cities of Dana Point, Laguna Niguel, and San Juan Capistrano terminated on June 30, 2000. The cities wish to renew the agreement for the period July 1, 2000 through June 30, 2001, under the same terms and conditions. As with the previous agreement, the terms and conditions of the renewal agreement include mutual indemnification for acts, errors, or omissions caused by the parties' officers, subcontractors, and employees. Under separate agreements, the County also provides gang prevention and suppression services to the City of Orange, and to the Cities of Lake Forest and Mission Viejo. All of these cities have endorsed the renewal of their agreements, which their city councils have accordingly approved and signed. Sufficient funds have been included in the Probation Department's budget for Fiscal Year 2000-01 for services to be provided to the Cities of Dana Point, Laguna Niguel, and San Juan Capistrano. Thus, no additional appropriations will be needed in connection with the renewal agreement. LOR 911100