HomeMy WebLinkAboutA-2003-273AA -2003-273A
AGREEMENT
BETWEEN
THE COUNTY OF ORANGE
AND
THE CITY OF SANTA ANA
FOR THE PROVISION OF
GANG VIOLENCE SUPPRESSION OVERTIME SERVICES
THIS AGREEMENT, entered into thiszttx
I day of A'ip, (L- , 2006, 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, hereinafter referred to as "COUNTY," and the
CITY OF SANTA ANA, hereinafter referred to as "CITY." This Agreement shall be
administered by the County of Orange Chief Probation Officer, hereinafter referred to as
"ADMINISTRATOR."
WITNESSETH:
WHEREAS, on June 8, 2004, the parties entered into Agreement No. A-2003-273,
whereby the COUNTY provided Gang Violence Suppression (GVS) services, on a part time
basis, for a target population consisting of adults and minors on probation, residing within
CITY'S Weed & Seed Site FII geographical limits, for the period of January 1, 2004 through
December 31, 2004 under the terms of a grant from the Office of Justice Programs to CITY;
WHEREAS, on December 14, 2004, the Orange County Board of Supervisors approved
an amendment to said Agreement No. A-2003-273 extending its term for a nine-month period of
January 1, 2005 through September 30, 2005;
WHEREAS, the agreement expired on September 30, 2005, and was not renewed due to
pending confirmation of grant extension to CITY;
WHEREAS, on February 9, 2006, CITY advised ADMINISTRATOR that the Office of
Justice Programs had approved such extension of the grant award to June 30, 2006 in order to
expend the balance of unspent grant funding allocated to COUNTY, as of October 1, 2005; and
WHEREAS, CITY now wishes COUNTY to continue providing overtime GVS
services under a new agreement, effective retroactively from October 1, 2005 through June 30,
2006.
NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
Page 2 of 13
TABLE OF CONTENTS
SECTION
PAGE
1.0
Term..............................................................................
3
2.0
Description of COUNTY Services and Staffing ........................
3
3.0
Responsibilities of CITY .....................................................
4
4.0
Compensation.................................................................
5
5.0
Financial Accountability.....................................................
6
6.0
Program Supervision.........................................................
7
7.0
Disputes.........................................................................
7
8.0
Status of County..............................................................
7
9.0
Affirmative Action.............................................................
7
10.0
Nondiscrimination.............................................................
8
11.0
Other Sources of Income ...................................................
8
12.0
Right to Audit...................................................................
8
13.0
Retention of Financial Records ............................................
8
14.0
Internal Controls...............................................................
9
15.0
Confidentiality...................................................................
9
16.0
License to Use City Real and Personal Property .......................
10
17.0
Permission to Use City Vehicles ............................................
10
18.0
Mutual Indemnification........................................................
10
19.0
Distribution of Forfeited and Seized Assets .............................
11
20.0
Termination......................................................................
11
21.0
Notices............................................................................
12
22.0
Third Party Rights..............................................................
12
23.0
Alteration of Terms / Entire Agreement ..................................
12
Signatures....................................................................
13
Exhibit 1 — Agreement for Indemnification in the Operation of City
Vehicles
Page 2 of 13
1.0 TERM
Subject to termination provisions set forth in Section 20.0, the term of this Agreement
shall be for a nine-month period effective retroactively from October 1, 2005, through
June 30, 2006; 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,
1.1 The term of this Agreement may be extended by the parties in writing
under the same terms and conditions, if continuation funding is available
through grant program, or if City funds are appropriated for this purpose.
2.0 DESCRIPTION OF COUNTY SERVICES AND STAFFING
2.1 COUNTY shall assign a DPO to provide GVS services to CITY on a part-time
basis as defined below and in conjunction with GVS work performed by police
officers of CITY.
2.1.1 The DPO shall be a full-time employee of COUNTY in a regular or
limited -term position, whose normally assigned work hours equal those
of a full period.
2.1.1.1 A regular position shall mean a position established on a
permanent year-round basis requiring work on a regular schedule.
2.1.1.2 A limited -term position shall mean a position, which, in
COUNTY'S determination, has no anticipated long-range
funding or has uncertain future funding.
2.1.1.3 The work period shall be eighty (80) hours, beginning on a
Friday, and ending on the second Thursday thereafter.
2.2 The DPO will, as required by CITY, and for compensation, provide GVS
overtime services. GVS overtime services shall be defined to mean the
following:
2.2.1 Work requested by CITY and performed by the DPO in excess of eighty
(80) hours of paid time in a work period.
2.3 CITY shall compensate COUNTY for GVS overtime services provided by the
DPO pursuant to Section 4.0 of this Agreement.
2.4 GVS overtime services to be provided by the DPO shall include, but not be
limited to:
2.4.1 Supervision of a target population of adults and minors who have been
placed on probation by the courts for gang -related activities, and whose
Page 3 of 13
primary residence is within CITY'S Weed & Seed Site I/II geographical
boundaries;
2.4.2 Enforcement of court orders for said target population, including searches
and seizures, in accordance with search and seizure laws as interpreted by
the courts;
2.4.3 Patrolling areas where gang members are known to congregate;
2.4.4 Development of intelligence and documentation of information gathered
from patrol operations;
2.4.5 Identification of gang members and associates, and indicators of at -risk
behavior;
2.4.6 Making arrests for violations of probation;
2.4.7 Assistance in increasing gang awareness in schools and preventing at -risk
youths from becoming gang members; and
2.4.8 Referrals of probationers and their families to counseling agencies in the
community.
2.5 COUNTY shall assign a DPO who has demonstrated experience and knowledge
of the roles and responsibilities of COUNTY'S Probation Department in the
delivery of GVS services, in cooperation with law enforcement agencies,
schools, and community-based organizations.
2.6 In the event the assigned DPO is unavailable during times requested by CITY,
COUNTY shall provide a substitute DPO of comparable experience and training.
If, at the time CITY requests GVS overtime services, COUNTY'S overall
staffing needs and circumstances are such that a substitute is unavailable,
COUNTY shall, subject to CITY'S approval, provide the overtime services of a
Supervising Probation Officer (SPO) from the GVS Unit of COUNTY'S
Probation Department.
2.7 ADMINISTRATOR shall have final authority and responsibility for decisions
affecting COUNTY'S provision of GVS services, including the DPO
assignments or substitutions, and any other matters designated by
ADMINISTRATOR, both verbally and in writing.
3.0 RESPONSIBILITIES OF CITY
CITY shall:
3.1 Explain the scope of duties required and expected from the DPO, in order to
accomplish CITY'S Weed & Seed GVS goals and objectives.
Page 4 of 13
3.2 Provide transportation, office space, supplies and equipment necessary or
incidental to the DPO'S performance of the scheduled or expected work.
3.3 Coordinate the scheduling of GVS overtime services directly with the DPO, or in
the absence of the DPO, with the SPO from the GVS Unit of COUNTY'S
Probation Department.
3.3.1 Request and Notification of Overtime Need: If, in the judgment of CITY,
work beyond the DPO'S normal work period is required, CITY will notify
the assigned DPO of the need for such overtime, as soon as practicable
prior to commencement of the overtime service. If the assigned DPO is
unavailable, CITY may, pursuant to Section 2.6 of this Agreement, arrange
for a substitute DPO; or if a substitute DPO is unavailable, for an SPO
from the GVS Unit of COUNTY'S Probation Department.
3.4 Compensate COUNTY for GVS overtime services pursuant to Section 4.0 of this
Agreement.
4.0 COMPENSATION
4.1 CITY shall pay COUNTY for the cost of GVS overtime services rendered by the
assigned DPO or, as applicable, rendered by the substitute DPO or by the SPO
from the GVS Unit of COUNTY'S Probation Department, pursuant to Sections
2.6 and 3.3.1 of this Agreement.
4.2 Payment for GVS Overtime Services Rendered: Upon submission of monthly
invoices, and in accordance with the payment procedures detailed in Section 5.0
of this Agreement, CITY shall pay COUNTY for GVS overtime services
rendered by the assigned DPO, Substitute DPO or SPO as follows:
4.2.1 At one and one-half (1-1/2) times the assigned DPO'S, substitute DPO'S
or SPO'S then current hourly rate, as applicable, multiplied by the number
of hours of service provided during the billing period.
4.2.2 The parties acknowledge that COUNTY'S Board of Supervisors approves
general salary increases and performance incentives, in accordance with
the terms of agreement reached between COUNTY and the Orange County
Employees Association (OCEA), and set forth in the Probation Services
Unit Memorandum of Understanding and the Supervisory Management
Unit Memorandum of Understanding. As used in this Agreement, OCEA
is the exclusively recognized employee organization for the Probation
Services Unit, which includes the DPO and substitute DPO position
classifications. OCEA is also the exclusively recognized employee
organization for the Supervisory Management Unit, which includes the
SPO position classification.
Page 5of13
4.2.3 COUNTY shall notify CITY within thirty (30) days, after a salary
adjustment for the DPO, substitute DPO or SPO position classification
becomes effective in accordance with the terms of the Probation Services
Unit Memorandum of Understanding or the Supervisory Management
Unit Memorandum of Understanding, as applicable.
4.3 CITY shall notify COUNTY of an annual maximum amount, if any, authorized
by CITY'S governing body for GVS overtime services provided under this
Agreement.
5.0 FINANCIAL ACCOUNTABILITY
5.1 COUNTY agrees to provide fiscal procedures adequate to assure accounting for
the billing costs to CITY under this Agreement, in accordance with COUNTY'S
general accounting policies and procedures of COUNTY'S Auditor -Controller.
All claimed reimbursements will be supported with source documents retained
by COUNTY.
5.1.1 COUNTY shall be reimbursed monthly in arrears for actual costs
incurred, upon submission of invoices to CITY. 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 amounts billed.
5.2 CITY shall pay COUNTY within thirty (30) days, following receipt of proper
invoice, subject to CITY accounting procedures. Late charges will be assessed to
CITY in the following situations:
5.2.1 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.
5.2.2 Payments transmitted to COUNTY via U.S. Mail, and which have
CITY'S postage meter mark, will be assessed a late charge if any
payment is not received within thirty one (31) days of the date of the
invoice for which the payment is being rendered.
5.2.3 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.
5.3 The late charge assessed in each of the above situations shall be three-quarters of
one percent (0.75%) 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 thirty (30) —day period that the
invoice remains unpaid. Late charges shall be added to the payment due and
Page 6of13
invoiced to CITY in accordance with Section 5.2 herein. 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 CITY, in accordance with
Government Code Section 907 and any other applicable provision of law.
5.4 Early payments received by COUNTY from CITY shall entitle CITY to a
discount of one-quarter of one percent (0.25%), if payment is received by
COUNTY within eleven (11) days of the date of the invoice. CITY may take
credit for the discount in the current payment. However, if a discount is taken
inappropriately, COUNTY shall notify CITY immediately that the discount
should not have been taken and that the balance is due within thirty (30) days of
the invoice date.
5.5 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 invoice within sixty (60) days of the end of the term of the
Agreement. CITY shall not be liable for any invoices submitted beyond sixty
(60) days of the end of the term of the Agreement.
6.0 PROGRAM SUPERVISION
ADMINISTRATOR shall appoint a GVS Unit SPO to oversee the daily operation and
administration of this Agreement pursuant to the terms and conditions contained herein.
7.0 DISPUTES
7.1 If COUNTY and CITY fail to agree as to whether or not any work is within the
scope of the requirements of this Agreement, CITY shall, within fifteen (15)
working days, provide COUNTY with a written protest specifying in detail the
manner in which the requirements of this Agreement were not fulfilled, and the
proposed remedy.
7.2 ADMINISTRATOR agrees to furnish a written decision on the dispute within
thirty (30) COUNTY working days after receipt of such protest.
8.0 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
CITY. 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 CITY employees and shall not be considered in any manner to be CITY
employees.
Page 7 of 13
9.0 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 or, 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 disabled 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, 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 CITY, State and Federal agencies to its records
of employment, application forms and other pertinent data and records for the purpose of
investigation to ascertain compliance with this section of the Agreement.
10.0 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.
11.0 OTHER SOURCES OF INCOME
COUNTY shall not bill CITY 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 CITY'S area.
12.0 RIGHT TO AUDIT
CITY shall have access to any books, documents, papers and records of COUNTY,
which CITY determines to be pertinent specifically to this Agreement, for the purpose of
making an audit, evaluation, excerpts and transcripts.
Page 8of13
13.0 RETENTION OF FINANCIAL RECORDS
13.1 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 CITY at COUNTY'S principal place of business. Exceptions to the
above provisions of this section must have prior written approval of
ADMINISTRATOR.
13.2 Records which relate to: a) litigation of the settlement of claims rising out of the
performance of this Agreement, or b) costs and expenses of this Agreement to
which CITY takes exception, shall be retained by COUNTY until disposition of
such appeals, litigation, claims, or exceptions.
14.0 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.
15.0 CONFIDENTIALITY
15.1 CITY agrees to maintain the confidentiality of all juvenile record information
pertaining to all minors under the jurisdiction of the Juvenile Court, or the
Juvenile Court law of the State of California when such records come into the
possession of, or are generated by CITY.
15.2 CITY, CITY'S staff, and all agents and employees of CITY 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, or as it may be amended, 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.
15.3 "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 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 CITY or not.
Page 9 of 13
15.4 CITY agrees to maintain the confidentiality of all records and information
pertaining to adult probationers or parolees. CITY, CITY'S staff, and all agents
and employees of CITY 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.
15.5 "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 CITY or not. It shall be understood by
CITY, CITY'S staff and all agents and employees of CITY, that unauthorized
release of certain information, as specified by statute, may render CITY or
CITY'S staff, or any of the employees or agents of CITY, liable for criminal
and/or civil penalties.
15.6 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.
16.0 LICENSE TO USE CITY REAL AND PERSONAL PROPERTY
In consideration of the promises contained herein, CITY hereby grants to COUNTY
rent-free use of office space, furniture, and equipment located in the offices of CITY
Police Department. Said office space, furniture and equipment shall be used by the
DPO, substitute DPO or SPO if applicable, while performing their assigned duties
related to this Agreement, and shall be adequate for the performance of said duties. The
precise location, size and type of said office space, furniture and equipment, will be
determined by CITY Police Chief. CITY shall supply all repair maintenance and
janitorial supplies and services to said premises, and shall be responsible for all charges
for utilities supplied to said premises.
17.0 PERMISSION TO USE CITY VEHICLES
In consideration of the promises contained herein, CITY hereby grants to COUNTY
permission for the DPO, and for the substitute DPO or SPO if applicable, to operate and
to ride as passengers in vehicles owned or leased by CITY, while performing their
assigned duties related to this Agreement, in accordance with the Agreement for
Indemnification in the Operation of City Vehicles between the County of Orange and the
City of Santa Ana dated February 9, 1999, a copy of which is hereto attached as Exhibit
1 and incorporated herein by reference. CITY shall supply all repair and maintenance
services for said vehicles, and shall pay all fuel costs for said vehicles.
Page 10 of 13
18.0 MUTUAL INDEMNIFICATION
CITY agrees to indemnify and hold COUNTY, its elected and appointed officials,
officers, employees, agents and those special districts and agencies which COUNTY'S
Board of Supervisors acts as the governing Board ("COUNTY INDEMNITEES")
harmless from any claims, demands or liability of any kind or nature, including but not
limited to personal injury or property damage, arising from or related to the services,
products or other performance provided by CITY pursuant to this Agreement. If
judgment is entered against CITY and COUNTY by a court of competent jurisdiction
because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES,
CITY and COUNTY agree that liability will be apportioned as determined by the court.
Neither party shall request a jury apportionment.
COUNTY agrees to indemnify and hold CITY, its elected and appointed officials,
officers, employees, agents and those special districts and agencies which CITY'S
COUNCIL acts as the governing COUNCIL ("CITY INDEMNITEES") harmless from
any claims, demands or liability of any kind or nature, including but not limited to
personal injury or property damage, arising from or related to the services, products or
other performance provided by COUNTY pursuant to this Agreement. If judgment is
entered against COUNTY and CITY by a court of competent jurisdiction because of the
concurrent active negligence of CITY or CITY INDEMNITEES, COUNTY and CITY
agree that liability will be apportioned as determined by the court. Neither party shall
request a jury apportionment.
19.0 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 who may be appointed or implement
specified forfeiture guidelines.
20.0 TERMINATION
20.1 Either party may terminate this Agreement, with or without cause, upon thirty
(30) days' written notice given to the other party.
20.2 The obligations pertaining to indemnification for, or defense of, causes of
action accruing during the term of this Agreement, shall extend beyond the
termination of this Agreement until fully performed.
20.3 Contingent Funding: CITY acknowledges that funding or portions of funding for
this Agreement may be contingent upon state budget approval; receipt of funds
from, and/or obligation of funds by, the State of California to COUNTY, and
inclusion of sufficient funding for the services hereunder in the budget approved
by County's Board of Supervisors for each fiscal year covered by this Agreement.
Page 11 of 13
If such approval, funding or appropriations are not forthcoming, or are otherwise
limited, COUNTY may immediately terminate or modify this contract without
penalty.
21.0 NOTICES
Notices and payments of COUNTY shall be sent to the Orange County Probation
Department addressed as follows:
Chief Probation Officer
County of Orange
P.O. Box 10260
Santa Ana, CA 92711
Notices shall be sent to CITY addressed as follows:
Chief of Police
City of Santa Ana
60 Civic Center Drive
P.O. Box 1988
Santa Ana, CA 92701
Attn: Lieutenant In -Charge (Site I)
Or Lieutenant In -Charge (Site II)
22.0 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.
23.0 ALTERATION OF TERMS / ENTIRE AGREEMENT
This Agreement fully expresses the understanding of COUNTY and CITY with
respect to the subject matter of this Agreement, and shall constitute the total
agreement between the parties for these purposes. No additions to, or alteration of,
the terms of this Agreement, whether written or verbal, shall be valid unless made
in writing and formally approved and executed by both parties.
Page 12 of 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized officers.
CITY OF SANTA ANA
�jw j� 1�
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
Ey: CY. t i o —�tk12 Ll�
Assistant City Attorney
DATED: Ij It v /0
COUNTY OF ORANGE
i�4
i •• �•
Chief Probation Officer
Dated:
APPROVED AS TO FORM:
COUNTY COUNSEL
• 7\� t • 1 •
.+ DEPUTY --
Dated: t. /1
DATED: T vo G
-^7
ATT ST
ATRICIA E. HEALY
City Clerk
DATED:
APPROVED AS TO CONTENT
1 J
PAUL M. WALTERS, Police Chief
DATED: 041 it 104
Page 13 of 13
Exhibit 1.0 Page 1 of 4 .
s
s
O \ I AL
CLERK
ORANGE COUNTY AGREEMENT
FOR
INDEMNIFICATION IN THE OPERATION OF CITY VEHICLES
BETWEEN THE COUNTY OF ORANGE
AND
THE CITY OF SANTA ANA
THIS AGREEMENT, entered into this ,�_ day of, 19 V'T i
which date is enumerated for purposes of reference only, is by and between COUN�
OF ORANGE, a political subdivision of the State of California, hereinafter marred to an
"COUNTY" and the CITY of SANTA ANA, a municipal corporation organized un er the laws
of the State of California, hereinafter referred to "CITY". COUNTY and CRrY shall be
collectively referred to as the Parties.
WITNESSETH:
WHEREAS, COUNTY, in cooperation with various cities withln Orerg County, as
well as other state and federal agencies, has Joined various task forces and lawi
ffenforcement
team efforts in order to more effectively deal with adult and juvenile gang and street
terrorists; and
WHEREAS, a crucial element in these joint endeavors. Is the melding if resources
from the various agencies; and,
WHEREAS, the COUNTY agrees to provide probation officers as Its resource
contribution; and
WHEREAS, the CITY agrees to permit COUNTY probation officers asslghed to these
task forces and law enforcement teams, to operate CITY vehicles In the performance of their
assignments.
NOW, THEREFORE, in consideration of mutual promises, covenants, arld conditions
hereinafter set forth, the Parties agree as follows:
1,0 DEj:INITIONS• As used In this Agreement, the following terms, unless
otherwise qualified, shall mean:
Exhibit 1.0 Page 2 of 4
A. "CITY" shall mean the City of SANTA ANA, Its officers, ampioyeem
agents and representatives,
B. "COUNTY" shall mean the County of Orange, its ofecam, employeeaj%
agents and representatives,
C. "CITY VEHICLE" shall mean a motor vehicle, as defined In CaNfornia
Vehicle Code Section 415, either owned by CITY, or leased or ranted by it from a third party,
0. "HOME GARAGEIa" shall mean the housing of a CITY vehicle at �
COUNTY employee's home.
A. COUNTY shall Indemnify, defend and hold CITY harmless from and,
against any and all actions, claims, costs (Including court costs and attorney's fees)"
damages and liability, of whatever nature, including but not IlmiWd to personal Injury, bods
Injury, death and/or property damage, caused by the negligent, Intentional or wrongful act
or omission of a COUNTY employee assigned to the task force or law enforcement team,
while driving or operating in any manner a CITY vehicle on task force or law enforcement
team business. This provision is not intended nor shall it be construed to require COUNTY
to indemnify CITY for any CITY liability independent of that of COUNTY, nor to cause
COUNTY to be subject to liability to any third party (either directly, or as an Indemnitor of
CITY) in any case wham COUNTY liability would not otherwise exist
B. CITY shall indemnify, defend and hold COUNTY harmless from and against
any and all actions, claims, coats (Including court Coate and attorney's fees), damages and
liability, of whatever nature, including but not limited to personal Injury, bodily injury, death
and/or properly damage, caused by the negligent, intentional or wrongful act or omission of
a CITY employee assigned to task forces or law enforcement team efforts, while driving or
operating In any manner a CITY vehicle on task force or law enforcement team business.
This provision is not Intended nor shall it be construed to require CITY to Indemnify
COUNTY for any COUNTY liability Independent of that of CITY, nor to cause CITY to be
subject to liability to any third party (either directly, or as an Indemnitor of COUNTY) In any
case where CITY liability would not otherwise exist.
3.0 VV9tJICLE CODE SECTION 17001. For the purposes of California Vehicle
Code Section 17001, which provides:
"A public entity Is liable for death or injury to person or property
proximately caused by a negligent or wrongful act or omission
In the operation of any motor vehicle by an employee of the
public entity acting within the scope of his employment,"
CITY and COUNTY agree that a COUNTY employee assigned to a task force or other law
enforoemsnt team driving or operating a CITY VEHICLE on task force or other law
2
Exhibit 1.0
Page 3 of 4
enforcement team business, shall be deemed a COUNTY employee acting within the coLtra,4b
and scope of his or her employment with the COUNTY.
4.0 PIIE-C_. ONDITIQN3 As a pre -condition to being authorized or permitted t...,,
drive or operate a CITY VEHICLE, the CITY will review the driving records of all COUNTY
employees assigned to this specific task Toros or other taw enforcement team for a history
of accidents and citations. In order to be approved to operate a CITY vehicle on task ford
or low enforcement team business, COUNTY employees assigned to #* task forces and law
enforcement teams must meet the same qualifications as required of CITY employees, if
approved, COUNTY employees assigned to this specific task force or few enforcement team
will be authorized to operate CITY VEHICLES when appropriate to their assignments.
5.0 HOME GARAGE PROI11811ION. No CITY VEHICLE wio be "home garaged-,
by a COUNTY employee or housed by a COUNTY employee at an area or location other
than a CITY approved facility.
8.0 UNAUIHQ131ZED USE. No COUNTY employee assigned to the task force or
law enforcement team shoo permit allow or authorize any individual, other than a CITY
employee or another authorized COUNTY employee assigned to this specific task force or
law enforcement team, to drive or operate a CITY VEHICLE. If such occurs, and such
unauthorized individual incurs third party liability In any manner related to such Individual's
driving or operation of a CITY VEHICLE, the provisions of the first sentence of Section 2.0
Paragraph A, of this Agreement shall become applicable, and COUNTY shall lndemnify
defend and hold CITY harmless according to the provisions therein contained.
7.0 JJRM- The term of this Agreement shall commence on the data hereinabove
first written and, unless sooner terminated as provided for in Section 8.0 herein, shall
continue Indefinhely.
8.0 TERMINATION. NATION. Either CITY or COUNTY, for any reason, may terminate this
Agreement, on thirty (30) days written notice to the other party. COUNTY's notice shell be
given to CITY's Chief of Police, and CITY's notice shall be given to COUNTY's Chief
Probation Officer.
9.0 &UQRNEY'S FEES. Should any action be filed In any court of low, by either
CITY or COUNTY, to either enforce any of the terms of this Agreement, or to construe any
of its terms, the prevailing party in any such legal proceeding shell be entitled to
reimbursement of Its reasonable attorney's fees and court costs from the non -prevailing
party.
10.0 EFFECTIVE P TE, The effective date of this Agreement shall be the date first
hereinabove written.
3
Exhibit 1.0 Page 4 of 4
IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly
authorized officers.
CITY OF SANTA ANA
BY: DATED:
travid N. Ream, Gity Mgr.
APPROVED AS TO FORM:
BY: DATED: 4II��!!�`�
ATTEST:
- f)y CPfhy
. _ oln.)J DATED: -
Y•
i lice C. Guy Q
Clerk of the Council
ORANGE
DATED:
Offlcer
APPROVED A8 TO FORM:
Laurence M. Watson
County Counsel
BY: k'�ilsiil L� dtrf DATED:
puty County Counsel
800"MVEKCR
19.16-07
4
or
•�
COUNTY OF • AMEMORANDUM-
TO: Distribution
FROM: Rico Perez, Administrative Manager, Contracts Management
DATE: May 2, 2006
SUBJECT: Signed Contract: Agreement between County of Orange and City of Santa
Ana for the provision of Gang Violence Suppression Overtime Services for
the period of October 1, 2005 to June 30, 2006.
(Minute Order Item No. 21 dated April 25, 2006)
City of Santa Ana — 2 Oriainals
Laura Sheedy, Deputy City Attorney
City of Santa Ana
20 Civic Center Drive (M29)
P.O. Box 1988
Santa Ana, CA 92702
Deputy County Counsel —1 copy
Sherie Christensen -Keough
Probation:
EM — 1 copy:
1) Bill Daniel
2) Mary McDermid
Special Supervision Division — 1 copy
1) Dallas Stahr
2) Joseph Stokely
A&FD
Copy 1 1) Olga Echevarria
Copy 2 1) JR Rodriguez
Copy 3 1) Debbie Sledge
1 Original 1) Rico Perez
Clerk of the Board —1 Original
Darlene J. Bloom
Colleene Preciado
Chief Probation officer
Orange County Probation Department
Anaheim, California
For information
For EM file
For information
For Division file
For Division file
For Fiscal file
Central File
For Contracts file
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
April 25, 2006
Submitting Agency/Department: Probation
REC IV --r
2006 APR 2g P112: 44
t`'h l of 1'C lv D:'r'
Approve agreement with Santa Ana for provision of overtime services to suppress gang violence, 10/1/05 - 6/30/06;
authorize Chief Probation Officer to execute agreement: and make California Environmental Quality Act findings -
District 1
The following is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER ❑
Unanimous ® (1) CORREA: Y (2) SILVA: Y (3) CAMPBELL: Y (4) NORBY: Y (5) WILSON: Y
VoteKey: Y= Yes; N=No; A=Abstain; X=Excused,• B. 0. =Board Order
Documents accompanying this matter:
❑ Resolution(s)
❑ Ordinances(s)
❑ Contract(s)
Item No. 21
Special Notes:
Copies sent to:
CEO
Probation: Athena Cumberland
Olga Echevarria
Earl Rees/Lala Ragen
Auditor
� - �'-7 - 6) (0 a
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 theBoard
Deputy _.
I
AGENDA STAFF REPORT
U M
1 4'
O tIF04��
MEETING DATE:
LEGAL ENTITY TAKING ACTION:
BOARD OF SUPERVISORS DISTRICT(S):
SUBMITTING AGENCY/DEPARTMENT:
DEPARTMENT CONTACT PERSON(S):
Agenda Item
ASR Control 06-000678
04/25/06
Board of Supervisors
1
Probation (Approved) f ..0 t
Dallas Stahr, (714) 796-0426
Frank Kim, (714) 937-4728 <`x' co
p GJ
SUBJECT: Gang Violence Suppression Agreement w/ Santa Ana
CEO CONCUR COUNTY COUNSEL REVIEW CLERK OF THE BOARD
Concur Approved Agreement to Form Consent Calendar
3 Votes Board Majority
Budgeted: Yes
Current Year Cost: $2,048
Staffing Impact: No # of Positions:
Current Fiscal Year Revenue: N/A
Funding Source: 100% Revenue Offset
Prior Board Action: Minute Orders dated 02/09/99; 06/08/04; 12/14/04
Annual Cost: N/A
Sole Source: N/A
RECOMMENDED ACTIONS)
1. Find that the subject project is Categorically Exempt (Class 21) from the provisions of CEQA
pursuant to Section 15321(b).
2. Approve Agreement between the County of Orange and the City of Santa Ana for the
provision of overtime services to suppress gang violence, under a federal grant to the Santa
Ana Police Department, effective retroactively from October 1, 2005, through June 30, 2006.
3. Authorize the Chief Probation Officer to execute, on behalf of the County of Orange, the
Agreement with the City of Santa Ana.
SUMMARY:
The Probation Department requests Board approval of the proposed Agreement with City of Santa Ana
for the provision of overtime services to suppress gang violence, under a federal grant to the Santa Ana
Police Department, effective retroactively from October 1, 2005, through June 30, 2006, and authorization
for the Chief Probation Officer to execute, on behalf of the County of Orange, the Agreement with the
City of Santa Ana.
BACKGROUND INFORMATION:
On June 8, 2004, your Honorable Board approved Agreement No. A-2003-273 between the County of
Orange (COUNTY) and the City of Santa Ana (CITY) for the provision of overtime services to suppress
Page 1
gang violence (GVS), under a federal grant from the Office of Justice Programs (OJP) to the Santa Ana f "
Police Department (Santa Ana PD), for the period of January 1, 2004 through December 31, 2004. The
County provided a Deputy Probation Officer (DPO) to work closely with Santa Ana PD outside regular
work hours to suppress gang violence among adult and minor probationers residing within the CITY'S
Weed & Seed (W&S) Site UII geographical limits.
On December 14, 2004, your Honorable Board approved the First Amendment to Agreement with the
CITY for the provision of GVS overtime services, extending the term of the Agreement for a nine-month
period effective January 1, 2005 through September 30, 2005. Agreement No. A-2003-273 was not
renewed due to pending confirmation of grant extension to CITY. On February 9, 2006, CITY advised
COUNTY that OR had approved such extension, and now wishes COUNTY to continue providing GVS
overtime services until allocated funds are exhausted.
The proposed Agreement is a continuation of a collaborative effort to reduce the level of street narcotics
trafficking and to prevent organized criminals from building coalitions among street gangs. Its goal is to
implement community policing that focuses on positive police interactions with residents, in order to open
the channels of communication concerning criminal activity within the CITY'S geographical limits. It is
part of that collaborative effort to closely monitor probationers as deemed necessary and appropriate by
both parties working in cooperation with each other.
Scope of Services:
The COUNTY will assign a DPO to provide gang violence suppression (GVS) services in conjunction
with GVS work performed by police officers of the CITY. The DPO will provide GVS services during
overtime hours that will include, but not be limited to, supervision of a target population of adults and
minors who have been placed on probation by the courts for gang -related activities, and reside within
CITY'S geographical limits; enforcement of court orders, including searches and seizures, in accordance
with search and seizure laws as interpreted by the courts; patrolling areas where gang members are known
to congregate; and making arrests for probation violations. In addition, the DPO will assist in increasing
gang awareness in schools and preventing at -risk youth from becoming gang members, and provide
referrals of probationers and their families to counseling agencies in the community.
In exchange, the CITY will explain the scope of duties required and expected from the DPO, in order to
accomplish CITY'S GVS goals and objectives. In addition, the CITY will provide transportation, office
space, supplies and equipment as necessary or incidental to the DPO's performance of the scheduled or
expected services, and coordinate the scheduling of overtime services with the DPO, or in the absence of
the DPO, with the Supervising Probation Officer from the GVS Unit of COUNTY'S Probation
Department.
Compensation:
The CITY will pay COUNTY for the cost of overtime services rendered by the assigned DPO, at one and
one-half (1 '/2) times the then current hourly rate of the assigned DPO multiplied by the number of hours
of services provided during the billing period, in the approximate amount of $2,048 for the nine-month
term of this Agreement, as authorized by CITY'S governing body, or under any applicable grant. The
CITY also agrees to pay the COUNTY for the overtime services rendered pursuant to the terms of this
Agreement within thirty (30) days after submission of a statement from COUNTY describing such
services.
Use of Once Space and Vehicles, Mutual Indemnification:
The W&S Directed Team Site U]I operations involve the cooperative work of COUNTY and Santa Ana
PD personnel, and the use by COUNTY personnel of certain real and personal property belonging to the
Page 2
21
CITY. The proposed Agreement addresses the potential liabilities to the COUNTY and contains the
following provisions:
• License to use City Real and Personal Property: Santa Ana PD provides rent-free and adequate office
space, furniture and equipment for use by COUNTY staff assigned to W&S Directed Team Site I/H.
This property use license will include all repairs, maintenance and fuel for vehicles, at the expense of
the CITY.
Permission to Use City Vehicles:
The CITY supplies owned or leased vehicles to Santa Ana PD and Probation personnel to ride as
passengers, or for Probation personnel to drive and operate City vehicles, if necessary while
performing W&S Directed Team Site I/II-related duties. Permission for Probation personnel to drive
City vehicles is in accordance with the Agreement for Indemnification in the Operation of City
Vehicles between the County of Orange and the City of Santa Ana, dated February 9, 1999.
Mutual Indemnification:
The parties work together as a team. Probation personnel assigned to W&S Directed Team Site UII
are based at the Santa Ana PD station. Probation personnel may ride in vehicles supplied by the
CITY; Probation personnel may also be asked to drive vehicles as necessary. Santa Ana PD
administers the federal grant. A mutual indemnification provision is included in this Agreement,
whereby both parties agree to indemnify, defend and hold harmless each other from and against all
claims, demands, actions or errors caused by their respective officers, agents, employees,
representatives and volunteers in the performance of this Agreement.
Request for Retroactive Contract Approval
The Probation Department requests approval of the Agreement retroactive to October 1, 2005.
Confirmation regarding the approval of the OJP grant extension did not become available to Probation
until February 9, 2006. Hence, the Probation Department requests your Honorable Board to ratify the
actions performed by the parties after Agreement No. A-2003-273 expired on September 30, 2005 by
approving the retroactive contract. These actions were deemed necessary to avoid a gap in the provision
of gang violence suppression services.
Contingency of Funds, Contract Modification or Termination:
The proposed Agreement contains language that will permit immediate reduction or termination of the
services due to fiscal non -appropriation, without penalty. Such provision can be triggered if the budget
approved by your Honorable Board, State funding, or other appropriations are not forthcoming, or
otherwise become limited. Because of the essential nature of this service, the Probation Department
believes it is prudent to proceed at this time as recommended.
CEQA/NEPA Compliance:
The subject project is Categorically Exempt (Class 21) from the provisions of CEQA pursuant to Section
15321(b). Activity involves law enforcement activities by a peace officer acting under laws providing
criminal sanctions.
FINANCIAL IMPACT:
N/A
Page 3
• COPY •
AGREEMENT
BETWEEN
THE COUNTY OF ORANGE
AND
THE CITY OF SANTA ANA
FOR THE PROVISION OF
GANG VIOLENCE SUPPRESSION OVERTIME SERVICES
A -2003-273A
THIS AGREEMENT, entered into this day of , 2006, 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, hereinafter referred to as "COUNTY," and the
CITY OF SANTA ANA, hereinafter referred to as "CITY." This Agreement shall be
administered by the County of Orange Chief Probation Officer, hereinafter referred to as
"ADMINISTRATOR."
WITNESSETH:
WHEREAS, on June 8, 2004, the parties entered into Agreement No. A-2003-273,
whereby the COUNTY provided Gang Violence Suppression (GVS) services, on a part time
basis, for a target population consisting of adults and minors on probation, residing within
CITY'S Weed & Seed Site LII geographical limits, for the period of January 1, 2004 through
December 31, 2004 under the terms of a grant from the Office of Justice Programs to CITY;
WHEREAS, on December 14, 2004, the Orange County Board of Supervisors approved
an amendment to said Agreement No. A-2003-273 extending its term for a nine-month period of
January 1, 2005 through September 30, 2005;
WHEREAS, the agreement expired on September 30, 2005, and was not renewed due to
pending confirmation of grant extension to CITY;
WHEREAS, on February 9, 2006, CITY advised ADMINISTRATOR that the Office of
Justice Programs had approved such extension of the grant award to June 30, 2006 in order to
expend the balance of unspent grant funding allocated to COUNTY, as of October 1, 2005; and
WHEREAS, CITY now wishes COUNTY to continue providing overtime GVS
services under a new agreement, effective retroactively from October 1, 2005 through June 30,
2006.
NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
0 0
Page 2 of 13
TABLE OF CONTENTS
SECTION
PAGE
1.0
Term..............................................................................
3
2.0
Description of COUNTY Services and Staffing ........................
3
3.0
Responsibilities of CITY .....................................................
4
4.0
Compensation.................................................................
5
5.0
Financial Accountability.....................................................
6
6.0
Program Supervision.........................................................
7
7.0
Disputes.........................................................................
7
8.0
Status of County..............................................................
7
9.0
Affirmative Action.............................................................
7
10.0
Nondiscrimination..............................:..............................
8
11.0
Other Sources of Income ...................................................
8
12.0
Right to Audit...................................................................
8
13.0
Retention of Financial Records ............................................
8
14.0
Internal Controls...............................................................
9
15.0
Confidentiality...................................................................
9
16.0
License to Use City Real and Personal Property .......................
10
17.0
Permission to Use City Vehicles ............................................
10
18.0
Mutual Indemnification........................................................
10
19.0
Distribution of Forfeited and Seized Assets .............................
11
20.0
Termination......................................................................
11
21.0
Notices......................................................... ...................
12
22.0
Third Party Rights..............................................................
12
23.0
Alteration of Terms / Entire Agreement ..................................
12
Signatures....................................................................
13
Exhibit 1 — Agreement for Indemnification in the Operation of City
Vehicles
Page 2 of 13
0 0
1.0 TERM
Subject to termination provisions set forth in Section 20.0, the term of this Agreement
shall be for a nine-month period effective retroactively from October 1, 2005, through
June 30, 2006; provided, however, COUNTY shall be obligated to perform such duties
as would normally extend beyond that tern, including but not limited to, obligations
with respect to confidentiality, indemnification, audits, reporting and accounting.
1.1 The term of this Agreement may be extended by the parties in writing
under the same terms and conditions, if continuation funding is available
through grant program, or if City funds are appropriated for this purpose.
2.0 DESCRIPTION OF COUNTY SERVICES AND STAFFING
2.1 COUNTY shall assign a DPO to provide GVS services to CITY on a part-time
basis as defined below and in conjunction with GVS work performed by police
officers of CITY.
2. 1.1 The DPO shall be a full-time employee of COUNTY in a regular or
limited -term position, whose normally assigned work hours equal those
of a full period.
2.1.1.1 A regular position shall mean a position established on a
permanent year-round basis requiring work on a regular schedule.
2.1.1.2 A limited -term position shall mean a position, which, in
COUNTY'S determination, has no anticipated long-range
funding or has uncertain future funding.
2.1.1.3 The work period shall be eighty (80) hours, beginning on a
Friday, and ending on the second Thursday thereafter.
2.2 The DPO will, as required by CITY, and for compensation, provide GVS
overtime services. GVS overtime services shall be defined to mean the
following:
2.2.1 Work requested by CITY and performed by the DPO in excess of eighty
(80) hours of paid time in a work period.
2.3 CITY shall compensate COUNTY for GVS overtime services provided by the
DPO pursuant to Section 4.0 of this Agreement.
2.4 GVS overtime services to be provided by the DPO shall include, but not be
limited to:
2.4.1 Supervision of a target population of adults and minors who have been
placed on probation by the courts for gang -related activities, and whose
Page 3 of 13
0
0
primary residence is within CITY'S Weed & Seed Site 1/II geographical
boundaries;
2.4.2 Enforcement of court orders for said target population, including searches
and seizures, in accordance with search and seizure laws as interpreted by
the courts;
2.4.3 Patrolling areas where gang members are known to congregate;
2.4.4 Development of intelligence and documentation of information gathered
from patrol operations;
2.4.5 Identification of gang members and associates, and indicators of at -risk
behavior;
2.4.6 Making arrests for violations of probation;
2.4.7 Assistance in increasing gang awareness in schools and preventing at -risk
youths from becoming gang members; and
2.4.8 Referrals of probationers and their families to counseling agencies in the
community.
2.5 COUNTY shall assign a DPO who has demonstrated experience and knowledge
of the roles and responsibilities of COUNTY'S Probation Department in the
delivery of GVS services, in cooperation with law enforcement agencies,
schools, and community-based organizations.
2.6 In the event the assigned DPO is unavailable during times requested by CITY,
COUNTY shall provide a substitute DPO of comparable experience and training.
If, at the time CITY requests GVS overtime services, COUNTY'S overall
staffing needs and circumstances are such that a substitute is unavailable,
COUNTY shall, subject to CITY'S approval, provide the overtime services of a
Supervising Probation Officer (SPO) from the GVS Unit of COUNTY'S
Probation Department.
2.7 ADMINISTRATOR shall have final authority and responsibility for decisions
affecting COUNTY'S provision of GVS services, including the DPO
assignments or substitutions, and any other matters designated by
ADMINISTRATOR, both verbally and in writing.
3.0 RESPONSIBILITIES OF CITY
CITY shall:
3.1 Explain the scope of duties required and expected from the DPO, in order to
accomplish CITY'S Weed & Seed GVS goals and objectives.
Page 4 of 13
0
0
3.2 Provide transportation, office space, supplies and equipment necessary or
incidental to the DPO'S performance of the scheduled or expected work.
3.3 Coordinate the scheduling of GVS overtime services directly with the DPO, or in
the absence of the DPO, with the SPO from the GVS Unit of COUNTY'S
Probation Department.
3.3.1 Request and Notification of Overtime Need: If, in the judgment of CITY,
work beyond the DPO'S normal work period is required, CITY will notify
the assigned DPO of the need for such overtime, as soon as practicable
prior to commencement of the overtime service. If the assigned DPO is
unavailable, CITY may, pursuant to Section 2.6 of this Agreement, arrange
for a substitute DPO; or if a substitute DPO is unavailable, for an SPO
from the GVS Unit of COUNTY'S Probation Department.
3.4 Compensate COUNTY for GVS overtime services pursuant to Section 4.0 of this
Agreement.
4.0 COMPENSATION
4.1 CITY shall pay COUNTY for the cost of GVS overtime services rendered by the
assigned DPO or, as applicable, rendered by the substitute DPO or by the SPO
from the GVS Unit of COUNTY'S Probation Department, pursuant to Sections
2.6 and 3.3.1 of this Agreement.
4.2 Payment for GVS Overtime Services Rendered: Upon submission of monthly
invoices, and in accordance with the payment procedures detailed in Section 5.0
of this Agreement, CITY shall pay COUNTY for GVS overtime services
rendered by the assigned DPO, Substitute DPO or SPO as follows:
4.2.1 At one and one-half (1-1/2) times the assigned DPO'S, substitute DPO'S
or SPO'S then current hourly rate, as applicable, multiplied by the number
of hours of service provided during the billing period.
4.2.2 The parties acknowledge that COUNTY'S Board of Supervisors approves
general salary increases and performance incentives, in accordance with
the terms of agreement reached between COUNTY and the Orange County
Employees Association (OCEA), and set forth in the Probation Services
Unit Memorandum of Understanding and the Supervisory Management
Unit Memorandum of Understanding. As used in this Agreement, OCEA
is the exclusively recognized employee organization for the Probation
Services Unit, which includes the DPO and substitute DPO position
classifications. OCEA is also the exclusively recognized employee
organization for the Supervisory Management Unit, which includes the
SPO position classification.
Page 5 of 13
4.2.3 COUNTY shall notify CITY within thirty (30) days, after a salary
adjustment for the DPO, substitute DPO or SPO position classification
becomes effective in accordance with the terms of the Probation Services
Unit Memorandum of Understanding or the Supervisory Management
Unit Memorandum of Understanding, as applicable.
4.3 CITY shall notify COUNTY of an annual maximum amount, if any, authorized
by CITY'S governing body for GVS overtime services provided under this
Agreement.
5.0 FINANCIAL ACCOUNTABILITY
5.1 COUNTY agrees to provide fiscal procedures adequate to assure accounting for
the billing costs to CITY under this Agreement, in accordance with COUNTY'S
general accounting policies and procedures of COUNTY'S Auditor -Controller.
All claimed reimbursements will be supported with source documents retained
by COUNTY.
5.1.1 COUNTY shall be reimbursed monthly in arrears for actual costs
incurred, upon submission of invoices to CITY. 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 amounts billed.
5.2 CITY shall pay COUNTY within thirty (30) days, following receipt of proper
invoice, subject to CITY accounting procedures. Late charges will be assessed to
CITY in the following situations:
5.2.1 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.
5.2.2 Payments transmitted to COUNTY via U.S. Mail, and which have
CITY'S postage meter mark, will be assessed a late charge if any
payment is not received within thirty one (31) days of the date of the
invoice for which the payment is being rendered.
5.2.3 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.
5.3 The late charge assessed in each of the above situations shall be three-quarters of
one percent (0.751/o) 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 thirty (30) —day period that the
invoice remains unpaid. Late charges shall be added to the payment due and
Page 6 of 13
0 0
invoiced to CITY in accordance with Section 5.2 herein. 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 CITY, in accordance with
Government Code Section 907 and any other applicable provision of law.
5.4 Early payments received by COUNTY from CITY shall entitle CITY to a
discount of one-quarter of one percent (0.25%), if payment is received by
COUNTY within eleven (11) days of the date of the invoice. CITY may take
credit for the discount in the current payment. However, if a discount is taken
inappropriately, COUNTY shall notify CITY immediately that the discount
should not have been taken and that the balance is due within thirty (30) days of
the invoice date.
5.5 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 invoice within sixty (60) days of the end of the term of the
Agreement. CITY shall not be liable for any invoices submitted beyond sixty
(60) days of the end of the term of the Agreement.
6.0 PROGRAM SUPERVISION
ADMINISTRATOR shall appoint a GVS Unit SPO to oversee the daily operation and
administration of this Agreement pursuant to the terms and conditions contained herein.
7.0 DISPUTES
7.1 If COUNTY and CITY fail to agree as to whether or not any work is within the
scope of the requirements of this Agreement, CITY shall, within fifteen (15)
working days, provide COUNTY with a written protest specifying in detail the
manner in which the requirements of this Agreement were not fulfilled, and the
proposed remedy.
7.2 ADMINISTRATOR agrees to furnish a written decision on the dispute within
thirty (30) COUNTY working days after receipt of such protest.
8.0 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
CITY. 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 CITY employees and shall not be considered in any manner to be CITY
employees.
Page 7 of 13
0 0
9.0 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 or, 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 disabled 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, 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 CITY, State and Federal agencies to its records
of employment, application forms and other pertinent data and records for the purpose of
investigation to ascertain compliance with this section of the Agreement.
10.0 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.
11.0 OTHER SOURCES OF INCOME
COUNTY shall not bill CITY 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 CITY'S area.
12.0 RIGHT TO AUDIT
CITY shall have access to any books, documents, papers and records of COUNTY,
which CITY determines to be pertinent specifically to this Agreement, for the purpose of
making an audit, evaluation, excerpts and transcripts.
Page 8 of 13
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13.0 RETENTION OF FINANCIAL RECORDS
13.1 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 CITY at COUNTY'S principal place of business. Exceptions to the
above provisions of this section must have prior written approval of
ADMINISTRATOR.
13.2 Records which relate to: a) litigation of the settlement of claims rising out of the
performance of this Agreement, or b) costs and expenses of this Agreement to
which CITY takes exception, shall be retained by COUNTY until disposition of
such appeals, litigation, claims, or exceptions.
14.0 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.
15.0 CONFIDENTIALITY
15.1 CITY agrees to maintain the confidentiality of all juvenile record information
pertaining to all minors under the jurisdiction of the Juvenile Court, or the
Juvenile Court law of the State of California when such records come into the
possession of, or are generated by CITY.
15.2 CITY, CITY'S staff, and all agents and employees of CITY 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, or as it may be amended, 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.
15.3 "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 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 CITY or not.
Page 9 of 13
0 0
15.4 CITY agrees to maintain the confidentiality of all records and information
pertaining to adult probationers or parolees. CITY, CITY'S staff, and all agents
and employees of CITY 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.
15.5 "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 CITY or not. It shall be understood by
CITY, CITY'S staff and all agents and employees of CITY, that unauthorized
release of certain information, as specified by statute, may render CITY or
CITY'S staff, or any of the employees or agents of CITY, liable for criminal
and/or civil penalties.
15.6 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.
16.0 LICENSE TO USE CITY REAL AND PERSONAL PROPERTY
In consideration of the promises contained herein, CITY hereby grants to COUNTY
rent-free use of office space, fiumiture, and equipment located in the offices of CITY
Police Department. Said office space, furniture and equipment shall be used by the
DPO, substitute DPO or SPO if applicable, while performing their assigned duties
related to this Agreement, and shall be adequate for the performance of said duties. The
precise location, size and type of said office space, furniture and equipment, will be
determined by CITY Police Chief. CITY shall supply all repair maintenance and
janitorial supplies and services to said premises, and shall be responsible for all charges
for utilities supplied to said premises.
17.0 PERMISSION TO USE CITY VEHICLES
In consideration of the promises contained herein, CITY hereby grants to COUNTY
permission for the DPO, and for the substitute DPO or SPO if applicable, to operate and
to ride as passengers in vehicles owned or leased by CITY, while performing their
assigned duties related to this Agreement, in accordance with the Agreement for
Indemnification in the Operation of City Vehicles between the County of Orange and the
City of Santa Ana dated February 9, 1999, a copy of which is hereto attached as Exhibit
1 and incorporated herein by reference. CITY shall supply all repair and maintenance
services for said vehicles, and shall pay all fuel costs for said vehicles.
Page 10 of 13
18.0 MUTUAL INDEMNIFICATION
CITY agrees to indemnify and hold COUNTY, its elected and appointed officials,
officers, employees, agents and those special districts and agencies which COUNTY'S
Board of Supervisors acts as the governing Board ("COUNTY INDEMNITEES")
harmless from any claims, demands or liability of any kind or nature, including but not
limited to personal injury or property damage, arising from or related to the services,
products or other performance provided by CITY pursuant to this Agreement. If
judgment is entered against CITY and COUNTY by a court of competent jurisdiction
because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES,
CITY and COUNTY agree that liability will be apportioned as determined by the court.
Neither party shall request a jury apportionment.
COUNTY agrees to indemnify and hold CITY, its elected and appointed officials,
officers, employees, agents and those special districts and agencies which CITY'S
COUNCIL acts as the governing COUNCIL ("CITY INDEMNITEES") harmless from
any claims, demands or liability of any kind or nature, including but not limited to
personal injury or property damage, arising from or related to the services, products or
other performance provided by COUNTY pursuant to this Agreement. If judgment is
entered against COUNTY and CITY by a court of competent jurisdiction because of the
concurrent active negligence of CITY or CITY INDEMNITEES, COUNTY and CITY
agree that liability will be apportioned as determined by the court. Neither party shall
request a jury apportionment.
19.0 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 who may be appointed or implement
specified forfeiture guidelines.
20.0 TERMINATION
20.1 Either party may terminate this Agreement, with or without cause, upon thirty
(30) days' written notice given to the other party.
20.2 The obligations pertaining to indemnification for, or defense of, causes of
action accruing during the term of this Agreement, shall extend beyond the
termination of this Agreement until fully performed.
20.3 Contingent Funding: CITY acknowledges that funding or portions of funding for
this Agreement may be contingent upon state budget approval; receipt of funds
from, and/or obligation of funds by, the State of California to COUNTY, and
inclusion of sufficient funding for the services hereunder in the budget approved
by County's Board of Supervisors for each fiscal year covered by this Agreement.
Page I 1 of 13
If such approval, funding or appropriations are not forthcoming, or are otherwise
limited, COUNTY may immediately terminate or modify this contract without
penalty.
21.0 NOTICES
Notices and payments of COUNTY shall be sent to the Orange County Probation
Department addressed as follows:
Chief Probation Officer
County of Orange
P.O. Box 10260
Santa Ana, CA 92711
Notices shall be sent to CITY addressed as follows:
Chief of Police
City of Santa Ana
60 Civic Center Drive
P.O. Box 1988
Santa Ana, CA 92701
Attn: Lieutenant In -Charge (Site 1)
Or Lieutenant In -Charge (Site II)
22.0 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.
23.0 ALTERATION OF TERMS / ENTIRE AGREEMENT
This Agreement fully expresses the understanding of COUNTY and CITY with
respect to the subject matter of this Agreement, and shall constitute the total
agreement between the parties for these purposes. No additions to, or alteration of,
the terms of this Agreement, whether written or verbal, shall be valid unless made
in writing and formally approved and executed by both parties.
Page 12 of 13
0
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized officers.
CITY OF SANTA ANA
' 0"' V • lk DATED:
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
N
DATED:
PATRICIA E. BEALY
City Clerk
Joseph W. Fletcher
City Attorney
APPROVED AS TO CONTENT
By: �R l hn ✓J \_. rr who
Assistant City AttorAey PAUL M. WALTERS, Police Chief
DATED: 9/ tO(O& DATED: 0q 18 O(a
COUNTY OF ORANGE
L-32
COLLEENEPRECIADO
Chief Probation Officer
Dated:
Page 13 of 13
Exhibit 1.0 .
Page 1 of 4 .
i
ORAINAL
CLE Rx of THE 80ARa
ORANGE COUNTY AGREEMENT
FOR
INDEMNIFICATION IN THE OPERATION OF CITY VEHICLES
SEMEN THE COUNTY OF ORANGE
AND
THE CITY OF BANTA ANA
THIS AGREEMENT, entered into this ---� day of 19 Iwo
which date is enumerated for purposes of reference only, is by and between ti COUNT r '
OF ORANGE, a political subdivision of the State of CsUfomia, hereinafterre(Ae ws
ad to ims
"COUNTY" and the CITY of SANTA ANA, a municipal corporation organlmd u er the la
of the Mota of California, hereinafter referred to "CITY". COUNTY and CI1fe shall v
collectively referred to as the Parties.
WITNESSETH:
WHEREAS, COUNTY, In cooperation with various cities within Oran9 County. loll
well as other state and federal agencies, has Joined various task forces end law"nlbrcement
n
team eRbrts In order to moafiectively deal with adult and Juvenile gang and street
terrorlsts; and ,
WHEREAS, s crucial element in these Joint endeavors is the melding mf rescurc"
from the various agencies; and,
WHEREAS, fire COUNTY agrees to provide probation officers as Its resource
contribution; and
WHEREAS, the CITY agrees to permit COUNTY probation officers ssslq�ed to these
task forces and law enforcement teams, to operate CITY vehicles in the pert "Wrics of their
assignments.
NOW. THEREFORE, in consideration of mutual promises, covenants, and conditions
hereinafter set firth, the Parties agree as foiiows:
1.0 9Ei:1 ITTONS. As used In this Agreement, the following terms, unless
otherwise qualified, $hall mean:
Exhibit 1.0 Page 2 of 4
A. "CITY" shall mean the City of SANTA ANA, its officers, employe
agents and representatives. I%
B. "COUNTY" shat mean the County of Orange, its officers, emptoyeQa
agents and representatives.
Vehicle Code Section 415, e t erCwwned y CITY, or ieasedr orhrented byas itfrom a third fined In p
D. "HOME GARAGED" shall mean the housing of a CITY vehicle at
COUNTY empbyse's home. ,R
L1jM11.• •.
A. COUNTY shall indemnify, defend and hold CrTY harmless from and
against any and aN actions, claklls, costs (including court costs and attorney's fees)
damages and liability, of whatever nature, Including but not limited 10 personal Injury, bodice
Injury, death ander property damage, caused by the negligent, intentional or wrongful a
or omission of a COUNTY employee assigned m the task force or law enforcement tearfn
while driving or operating In any manner a CITY vehicle on task tome or law antbroantent
teem business. This provision is not Intended nor shall It be construed io require COUNTY
to indemnify CITY for any CITY liability krdapendent of that of COUNTY, nor to cause
COUNTY to be subject to liability to any third party (alther directly, or as an Indemnitor of
CITY) In any case where COUNTY liability would not otherwise exist.
13. CITY shell indemnify, dawsnd and hold COUNTY harmless from and agssnet
any and alf actions, deism, costs (indu ft court costs and attorneys fees). damages an
liability, of whatever nature, including but not limited to personal Injury, bodily injury, death
and/or property damage, caused by the negligent, intentional or wrongful act or omission p f
a CITY employee assigned to task forces or law enforcement teem efforts, while driving pr
operating in any manner a CITY vehicle on task force or law enforcement team business,
This provision Is not intended nor shall it be construed le require CITY to Indemn
COUNTY far any COUNTY liability Independent of that of CITY, nor to cause CITY to p e
subject to liability to any third party (either directly, or as an Indemnitor of COUNTY) In any
case where CITY liability would not otherwise exist,
3.0 VEHICLE CODE JZgZ1QX1ML For the purposes of California Vehicle
Code Section 17001, which provides:
"A public entity is liable for death or injury to person or property
Proximately` caused by a negligent or wrongful act or omission
In the operation of any motor vehicle by an employs@ of the
public entity acting within the scope of his employment,"
CITY and COUNTY agree that a COUNTY employes assigned to a task force or other law
enforcement ream driving of operating a CITY VEHICLE on task force or other law
2
Exhibit 1.0 Page 3 of 4
enforcement team business, shall be deemed a COUNTY employee acting within the cour-vft,
and scope of his or her employment with the COUNTY.
4.0 PREPRE-CONDITIONS As a pre -condition 10 being authorized or permitted
drive or operate a CITY VEHICLE, the CITY will review the driving records of all COUIN�
employees assigned to this specific task force or Other law enforcement team for a histo'
of accidents and citations. In order to be approved lo operate a CITY vehicle on task fa
or law enforcement imam buslness, COUNTYemployees assigned to the task fomes and tale,
enforcement teams must most the same qualifications as required or CITY employees.
approved, COUNTY employes a assigned to this specific task force or law enforcement yae
will be authorized to operate CITY VEHICLES when appropriate to their assignments, re
5.D HQME 13ARAQF PROHISMON No CITY VEHICLE IN be "horns ga
by a COUNTY employee or housed a COUNTY employee fid'`
P oyes at an area or location otha,.
than a CITY a
pproved facility.
8.0 UNAUTHORIZE r M No COUNTY ampkoyee assigned lo the task force
law enforcement team shelf permit, allow or authorize any Individual. other than a CrTYr
employee or another authorized COUNTY employee assigned to this specific task fore* pr
law enforcement tearn, to drive Or Operate a CITY VEHICLE. 9 such occurs, and sum
unauthorized Individual incurs third party liability In any manner related to such Indhridu*p
driving a operation of a CITY VF_HICLE, the provisions of the first sentence of Section 2.o
Paragraph A, of this Agreement shall become applicable, and COUNTY shad indemnify
defend and hold CITY hanrhess so Ing 10 the provisions therein contained.
7.0 IIRM, The tern of this Agreement shall comnMee on the data herelnabov%
first written and, unless sooner terminated as provided for In Section 8.0 herein, shall
continue Indefinitely.
8.0 TERMINATION. Either CITY or COUNTY, for any reason, may terminate this
Agreement, on thirty (30) days written notice to the other party. COUNTY's notice snap be
given m CITY's Chief of Police, and CITY's notice shall be given to COUNTY's Chief
Probation Officer.
9.0 &UQSNEY'S FEES. Should any action be filed In any court of Isw, by either
CITY or COUNTY, to either enforce any of the terms of this Agreement, or to construe any
of Its terms, the prevailing party M any such legal proceeding shall be entitled to
reimbursement of Its reasonable allomeirs fees and court costs from the non-prevening
party.
10.0 EEEECT1VE�gTE. The effacthro date of this Agreement shall baths date flrst
hereinabove written.
3
i
Exhibit 1.0 •' Page 4 of 4
IN WITNESS WHEREOF, the Parties have executed this Agfeement by they duly
authorized offices.
CITY OF BANTA ANA
BY: DATED:
livid W. Riam, City Nqr.
APPROVED AS TO FORM:
BY: DATED: illi -712S{
ATTEST:
y; a 044 C/. Am.4 DATED:
jazice C.Guy r
Clerk of the council!
ORANGE
DATED: M261
OfAoer
APPROVED A8 TO FORM:
Laurence M. Watson
County Counsel
BY•1 -a-_ DATED:
putt' County -counsel
I0W40EMVE16CR
IQ.IW
4