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A-2007 -219
INSU NCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
DAlE: PCrlC.e/PI5CQ\ C'z.) Lol'l B6CuTn
SEP 2 0 2007
2 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
3 THE OFFICE OF THE DISTRICT ATTORNEY FOR ANTI-GANG INITIATIVE FUNDING
4 UNDER THE PROJECT SAFE NEIGHBORHOOD INITIATIVE FOR FY UNDER A GRANT
5 FROM THE OFFICE OF EMERGENCY SERVICES
6 THIS AGREEMENT is entered into t~lis 1..\ st day of ~\)S t- 2007, which date
7 IS enumerated for purposes of reference onl:, by and between the CITY OF SANTA ANA, a
8 municipality of the State of California, hereinafter referred to as "CITY", and the COUNTY OF
9 ORANGE, acting through the OFFICE OF THE DISTRICT ATTORNEY, hereinafter referred to as
10 "SUBGRANTEE."
11 WHEREAS, CITY, acting through the Santa Ana Police Department under the FY06 Project
12 Safe Neighborhoods (PSN) Initiative, has applied for, received and accepted a grant entitled "FY06
13 Project Safe Neighborhood Initiative" from the California Office of Emergency Services (DES), to
14 support new and expanded anti-gang prevention and enforcement efforts, hereinafter referred to as "the
15 grant," as set forth in the Project Summary alld "3udget Narrative attached hereto as Attachments A and
16 B and incorporated herein by reference.
17 WHEREAS, the terms of the grant require that CITY use certain grant funds for overtime and
18 staffing needs that will be transferred to SUBGRANTEE to be used for the delineated grant purposes.
19 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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1.
City shall transfer to SUBGRANTEE, funds for reimbursement of Orange County
21 District Attorney Investigator overtime and paralegal salary as specified in Attachment B hereto.
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2.
Modifications to the Budget, as specified in Attachment B, may be made in writing by
23 SUB GRANTEE to CITY at any time as long as the modifications do not change the total allocation of
24 grant funding to SUBGRANTEE nor grant purpJses.
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3.
SUBGRANTEE shall submit t1., invoice to the CITY as soon as practical, invoices
26 evidencing the expenditure of Orange County District Attorney Investigator overtime and paralegal
27 salary as specified in Attachment B hereto.
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1 4. SUBGRANTEE understands that the CITY shall have 60 days to reimburse
2 SUB GRANTEE upon receipt of the invoice, or l'mger if the Office of Emergency Services takes longer
3 to issue payment to the CITY.
4 5. By executing this Agreement, SUB GRANTEE agrees to comply with and be fully bound
5 by all applicable provisions of the Attachments hereto,
6 6. SUB GRANTEE agrees to indemnify, defend and save harmless CITY and the agency
7 from which CITY received grant funds, and their officers, agents and employees from any and all claims
8 and losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other
9 person, firm or corporation furnishing or supplying work services, materials or supplies in connection
10 with SUBGRANTEE's performance of this Agreement, including the Attachments hereto, and from any
11 and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or
12 damaged by SUBGRANTEE in the performance of this Agreement, including the Attachments hereto.
13 7. No alteration or variation of the terms of this Agreement shall be valid unless made in
14 writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or
15 agreement not incorporated herein shall be binding on any of the parties hereto.
16 8. SUB GRANTEE may not assign this Agreement in whole or in part without the express
17 written consent of CITY.
18 9. For a period of three years after final delivery hereunder or until all claims related to this
19 Agreement are finally settled, whichever i~ hter, SUB GRANTEE shall preserve and maintain all
20 documents, papers and records relevant to the equipment acquired in accordance with this Agreement,
21 including the Attachments hereto. For the same time period, SUBGRANTEE shall make said
22 documents, papers and records available to CITY and the agency from which CITY received
23 grant funds or their duly authorized representative(s), for examination, copying, or mechanical
24 reproduction on or off the premises of SUBGRANTEE, upon request during usual working hours.
25 10. SUBGRANTEE shall provide to CITY all records and information requested by CITY
26 for inclusion in quarterly reports and such other reports or records as CITY may be required to provide
27 to the agency from which CITY received grant funds or other persons or agencies.
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11.
CITY may terminate this Agreement and be relieved of the delivery of any consideration
2 to SUB GRANTEE if a) SUB GRANTEE fails to perform any of the covenants contained in this
3 Agreement, including the Attachments hereto, at the time and in the matter herein provided, or b) CITY
4 loses funding under the grant.
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12.
SUB GRANTEE and its agents and employees shall act in an independent capacity in the
6 performance of this Agreement, including the Attachments hereto, and shall not be considered officers,
7 agents or employees of CITY or of the agency from which CITY received grant funds.
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13.
SUB GRANTEE and its officers, agents, employees shall abide by all applicable federal,
State and local laws, including all applicable statutes, regulations, executive orders and ordinances.
IN WITNESS WHEREOF, the parties have executed this Agreement in the City of Santa Ana,
County of Orange, State of California.
ATTEST: CITY OF SANTA ANA, a municipal
Corporation of the State of California
~~~~o ~~
atricia E. Healy- ~/David N. Ream
Clerk of the Councii City Manager
1~
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RECOMMENDED FOR APPROVAL:
[
il~ ,.' .
By: )Ct<.-,^ k~-
Paul M. Walters
Chief of Police
APPROVED AS TO FORM:
SUB GRANTEE
g~Ch~
Paula Coleman
Assistant City Attorney
Orange County District Attorney's Office
~ . ~
---- / .
By: . I~ ,/ ~<i~ ''7
An ny Rackauckas
District Attorney
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Reset Form
Print Form
Attachment A
PROJECT SUMMARY
1. GRANT AWARD NO. 3. GRANT PERIOD
2. PROJECT TITLE Safety Zone 03/01/2007 to 02/28/2008
4. APPLICANT 5. GRANT AMOUNT
City of Santa Ana Phone: (714) 647-5200 (this is the same amount as 10G of
Name: the Grant Award Face Sheet)
Address: 20 Civic Center Plaza Fax#: (714) 647-6954 $ 118,886
City: Santa Ana Zip: 92701
6. IMPLEMENTING AGENCY
Name: Santa Ana Police Department Phone: (714) 245-8001 Fax#: (714) 245-8007
Address: 60 Civic Center Plaza City: Santa Ana Zip: 92701
7. PROGRAM DESCRIPTION
The Anti-Gang Initiative funding to support new and expanded anti-gang prevention and enforcement efforts under
the Project Safe Neighborhoods (PSN) Initiative. This initiative is authorized by H, Rept. 2862,
8. PROBLEM STATEMENT
Santa Ana's Safety Zone, defined geographically as an approximate 3/4 square mile area of the city, is home to one
of the most active and violent gangs in the entire city. The "Santa Nita" gang, with documented membership of 247
individuals, is responsible for a disproportionate amount of crime within the neighborhood, In 2005, there was 1
homicide, 29 robberies, 82 assaults, 23 weapons violations, etc, within the Safety Zone area, In 2006, an injunction
against members of the "Santa Nita" Gang was granted by the courts to combat the crimes committed by these
members in this area. In order to effectively continue the enforcement of the injunction in the Safety Zone by the
Santa Ana Police Department and the Orange County District Attorney's Office, additional funding is necessary. At
this time, this additional funding is not available within the local jurisdiction,
9. OBJECTIVES
The main goal of the project is to allow the citizens that live and work in the Safety Zone to be free from the threat of
gang activity that interferes with their comfort and enjoyment of life. We propose to achieve this goal during the grant
period by focusing our efforts on the following:
1. Reducing Part I UCR crimes by 25%;
2. Reducing gang nuisance activity in the Safety Zone by 25%;
3, Reducing overall crime in the Safety Zone by 25%;
4, Prosecuting gang members who violate the Safety Zone Injunction,
Project Summary - OES 227 (Revised 1/2/2007)
Attachment A
10. ACTIVITIES
The Santa Ana Police Department and the Orange County District Attorney's Office will conduct enforcement
operations within the Safety Zone for any injunction violations. Both agencies will pursue prosecution for all
violations of the court order, These enforcement operations should limit the opportunities for gang members to
commit crimes within the Safety Zone.
Among the 247 currently documented individuals claiming membership in the "Santa Nita" Gang, 134 of those
members were included in the original injunction, Therefore, additional research will also be conducted on any
additional "Santa Nita" Gang member that may possibly be included in the injunction.
11. EVALUATION (if applicable) 12. NUMBER OF CLIENTS
The Santa Ana Police Department's Gang Unit and Crime Analysis Unit will (if applicable)
track all crime activity in the Safety Zone, with the information entered into the population of 353,428
Computer Aided Dispatch system, The Gang Unit will also continue to
maintain their own internal statistics on gang related arrests, firearms seized,
recovered, and impounded, parole violations, etc.
13. PROJECT BUDGET
(these are the same amounts as on Personal Operating
Budget Pages) Services Expenses Equipment TOTAL
$118,886 $118,886
$0
$0
$0
$0
$0
Totals: $118,886 $0 $0 $118,886
Project Summary - DES 227 (Revised 1/2/2007)
Attachment B
Budaet Narrative
· Personal Services
Santa Ana Police Department Ganq Detective Overtime - $65 / hour x 1.052 hours = $68.367
The enforcement component for T.A.R.G.E.T is the Santa Ana Police Department's
Street Terrorist Offender Program (STO.P.), which conducts enforcement operations against
"targeted" street gang members, The STO.P. Team is currently comprised of 5 gang
detectives who have responsibility to monitor the 94 gang members being targeted by the
STO.P. Team. The burden of enforcing a gang injunction is projected to tax the resources of
the STO.P. Team in terms of monitoring and apprehension. This is in addition to court time
required to conduct expert witness testimony following arrest for violations of the injunction.
The police department plans to utilize the requested grant funds in the form of overtime
pay to conduct enforcement operations against Santa Nita Gang members within the Safety
Zone. These operations would not be possible without the use of overtime funds and these
funds are not currently budgeted. Without the use of such funds, the Santa Ana Police
Department Gang Unit will have to rely on patrol officers who have significantly less gang
expertise to enforce the injunction and will undoubtedly reduce our enforcement efforts. The
S.T.O.P. Team has citywide responsibility for gang suppression and although they may spend a
percentage of their time within the Safety Zone conducting routine operations, they will not be
able to dedicate a significant amount of time within the area without the expenditure of a
significant amount of overtime funds.
It is estimated that the STO.P. Team detectives will work approximately 1,052 hours of
overtime at an average overtime hourly rate of $65 during the grant period, totaling $68,367.
Oranqe Countv District Attornev Investiqator Overtime - $65.82 / hour x 167 hours = $10.992
There are Santa Nita Gang members that need to be served a copy of the permanent
gang injunction. District Attorney investigators will assist the Santa Ana Police Department in
Page 1 of 3
Attachment B
locating and serving the defendants that still have not been served with a copy of the permanent
injunction. The enforcement of the Santa Nita Gang injunction is time consuming and requires a
great deal of resources. Although the Santa Nita Gang injunction has been successful to date,
additional enforcement of the injunction will decrease crime even further. District Attorney
investigators will work overtime with the Santa Ana Police Department to enforce the gang
injunction, as we believe concentrated bi-agency focus on gang injunction enforcement will
decrease the crime in the Safety Zone even further.
The Santa Nita Gang injunction has resulted in increased filings against Santa Nita
Gang members. These filings will increase the workloads of the District Attorney investigators
that are assigned to assist with discovery, trial preparation, and background research of the
gang background of the defendants. Grant funds will be used to pay for overtime of the District
Attorney investigators on enforcement of the injunction and assistance in locating and issuing
subpoena to witnesses, gathering and organizing discovery, and assisting in the preparation for
trial.
District Attorney investigators will work approximately 167 hours of overtime at an
average overtime hourly rate of $65.82 during the grant period, totaling $10,992.
Oranoe County District Attornev Paraleqal Salary (50%) - $38.01 / hour x 485 hours = $39.527
The Injunction Team currently has five Orange County Deputy District Attorneys on staff
dedicated to the vertical prosecution of gang injunctions. The injunction has significantly added
to their existing caseloads and the services of a part-time paralegal would reduce workloads
and ensure the continued success of the Santa Nita Gang injunction in the Safety Zone. A
district attorney paralegal will provide assistance with both the proactive policing operations
funded through this grant, and also with research of the gang background on each individual
gang member. The Orange County Public Defender is currently fighting the injunction against
one of the defendants in civil court. Preparation for this civil law trial will require hundreds of
Page 2 of 3
Attachment B
hours of spent on legal research, responding to discovery motions, preparing for depositions,
and preparing for trial.
In addition, the District Attorney's Office is filing approximately three Santa Nita Gang
injunction violations each week. It is expected that the number of violations will continue at this
pace. It is also anticipated that the Orange County Public Defender will continue to file motions
to demurrer in these criminal injunction violation cases. Responding to the defense motions,
preparing discovery cases, and preparing for trial is a very time consuming process.
A part-time District Attorney paralegal will assist the Deputy District Attorneys with legal
research on both the civil and criminal case gang injunction cases. The District Attorney
paralegal will also be responsible for gathering data for the legal motions, assist with ordering
certified copies of the proofs of service of the gang injunction, and assist the Deputy District
Attorneys with trial preparation on the injunction violation cases.
A District Attorney Paralegal will work approximately 1,019 hours at an average hourly
rate of $38.82 during the grant period, totaling $39,527.
. Operating Expenses
None
. Equipment
None
Page 3 of 3
Attachment B
BUDGET CATEGORY AND LINE ITEM DETAIL
A. Personal Services - Salaries/Employee Benefits COST
Santa Ana Police Department Gang Investigators - Overtime
(1,052 hours x $5/hour) $8,367
Orange County District Attorney Investigators - Overtime
(167 hours x $5,82/hour) $0,992
Orange County District Attorney Paralegal - Salary /Benefits at 50%
Salary - (1,019 hours x $7.40/hour) $7,890
Retirement - (1,019 hours x $,04/hour) $,155
Health &:>ther Insurance - (1,019 hours x $,09/hour) $,167
Unemployment - (!019 hours x $,03/hour) $1
Workers' Compensation - (1,019 hours x $.87/hour) $87
Medicare - (1,019 hours x $,39/hour) $97
TOTAL $118,886
OES 303b
(Revised 07/06)
Attachment B
BUDGET CATEGORY AND LINE ITEM DETAIL
B. Operating Expenses COST
N/A
TOTAL
$0
OES 303b
(Revised 07/06)
Attachment B
BUDGET CATEGORY AND LINE ITEM DETAIL
C. Equipment
COST
N/A
TOTAL
Total Project Cost*
$118,886
'Same as Block 10G on the Grant Award Face Sheet
OES 303b
(Revised 07/06)