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
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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.
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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
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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
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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
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is exhausted.
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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.
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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.
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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
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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
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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,
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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
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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
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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.
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1-1
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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
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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;
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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.
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IV. Program Obiectives
The Program shall:
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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.
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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.
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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
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CEO REVIEW
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Do Not Concur
PUBLIC HEARN/a ❑
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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