CC - Item 4D - Probation Officer Contract RenewalROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: JUNE 10, 2014
SUBJECT: PROBATION OFFICER CONTRA RENEWAL
SUMMARY
The City currently contracts with the Los Angeles County Probation Department for one
Deputy Probation Officer (DPO's) for juvenile prevention and intervention programs. The
DPO works full -time with Rosemead youth who have been identified as at -risk or arrested
for minor criminal offenses. These juveniles may have problems ranging from school
performance and attendance to vandalism, theft and drug arrests. The DPO's authority
allows him to work closely with the juveniles and their families to implement a variety of
programs and services to help correct their behavior.
Staff believes that the DPO is an important part of our overall public safety strategy and
highly recommend that he continues. Attached is the agreement to provide a Prevention
and Intervention Program Deputy Probation Officer for the City of Rosemead. The
agreement shall be effective from July 1, 2014 through June 30, 2015 with a total cost of
$74,000.
Staff Recommendation
That the City Council approve the agreement with the Los Angeles County Probation
Department and authorize the City Manager to sign any necessary documentation.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
FISCAL IMPACT
The cost of the DPO is $74,000, and funds are included in the 2014 -15 Fiscal Year
Budget.
Submitted by:
Matthew E.Hawkesworth
Assistant City Manager
Attachment: Contract
ITEM NUMBER'. qD
AGENCY ORIGINAL
640 -14 -112
COUNTY OF LOS ANGELES
PROBATION DEPARTMENT
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PREVENTION AND INTERVENTION PROGRAM
(PIP)
CITY OF ROSEMEAD (GCSP)
JULY 1, 2014 —JUNE 30, 2015
TABLE OF CONTENTS
PAGE NO,
1.
PURPOSE OF THE AGREEMENT.. .................................................
1
2,
STATEMENT OF WORK ................................... ...............................
1
3.
EMPLOYMENT STATUS .................................... ..............................2
4 .
PAYMENT ........................................................... ..............................2
5.
INDEPENDENT CONTRACTOR ......... .. ...... ...............................
..... 3
6.
INDEMNIFICATION ............................................ ..............................3
7.
LIMITATION OF COUNTY'S OBLIGATION DUE
TO NON-APPROPRIATION..... ............. .... .................... ..................
4
B.
BUDGET REDUCTIONS ..................................... ..............................4
9.
TERMINATION AND TERMINATION COSTS.. ..... .... .. ...................
. 4
10.
TERMINATION FOR IMPROPER CONSIDERATION ......................4
11 .
TERM .................................................................. ..............................5
COUNTY OF LOS ANGELES
AND
CITY OF ROSEMEAD
THIS AGREEMENT is made and entered into this _ day of , 2014
by and between the City of Rosemead, located at 8836 East Valley Blvd., Rosemead,
California, 91770, hereinafter referred to as "CITY ", and the County of Los Angeles,
hereinafter referred to as "COUNTY ", both of whom are collectively referred to as the
"PARTIES ".
WHEREAS, CITY desires to provide probation preventionfintervention services to assist
in reducing incidents of truancy and other serious behavioral problems; and
WHEREAS, COUNTY Probation Department has statutory authority pursuant to
Section 1203.14 of the Penal Code and Section 652 of the Welfare and Institutions
Code to provide certain expertise and resources in this area;
WHEREAS, the Chief Probation Officer has been delegated authority by the Los
Angeles County Board of Supervisors to negotiate and sign agreements to provide
these services, and
WHEREAS, COUNTY desires to participate in a joint effort with the CITY;
NOW, THEREFORE, in consideration of the mutual benefits and subject to the
conditions contained herein, the PARTIES mutually agree as follows:
PURPOSE OF THE AGREEMENT
The purpose of this Agreement is to maintain within the CITY, the services of
one (1) Deputy Probation Officer (DPO) and support staff mutually agreed upon
by both parties. This DPO will provide specialized probation services for CITY.
Probation services shall be provided by COUNTY through this Agreement and
shall be consistent with the laws of the State of California and the guidelines of
the CITY.
2. STATEMENT OF WORK
A. COUNTY shall provide, on behalf of CITY, the services of one (1) DPO
and related support staff with caseload supervision and coordination
responsibility, such caseloads to conform to the standards established for
the Probation Department's (Probation) Prevention and Intervention
Program (PIP). The DPO will coordinate services for participants with
school administrators, law enforcement, and community providers to
ensure that school success and safety strategies are implemented.
Further, the DPO will assist the CITY to develop a graffiti
removal /community service program for probationers and at -risk youth
cited and ordered or instructed to complete community service hours.
Lastly, the DPO will liaison with law enforcement to provide information to
assist with juvenile crime reduction strategies and probation compliance
check mandates.
B. CITY shall provide office space and telephone services within its
boundaries for use by the assigned DPO.
C. In addition to the duties associated with the assigned DPO, the DPO will:
• Coordinate with DPOs supervising youth within the CITY to ensure
participation in prevention and intervention services.
• Provide supervision of probationers and at -risk youth including
assessment, case planning and case management when
appropriate.
• Coordinate with probation offices and school -based officers on a
weekly basis, reviewing potential cases, and setting up an
organized referral process of appropriate cases to the Work
Restitution and other community service initiatives.
• Coordinate with central referral process of Probation or referrals
and where relevant Juvenile Justice Crime Prevention Act (JJCPA)
service agencies.
• Provide updates and progress reports on active cases (generated
by program staff) back to the referring officers.
3. EMPLOYMENT STATUS
The assigned DPO is an employee of COUNTY and is entitled to wages and
employee benefits appropriate to what is provided other COUNTY employees
who are DPOs. It is additionally understood that no term or condition of this
Agreement can conflict with State statute defining the status of the DPO as a
Peace Officer.
4. PAYMENT
CITY shall reimburse COUNTY for support services and 50% of the salary and
employee benefits for one (1) Deputy Probation Officer II (OPO II) and support
staff assigned by COUNTY to perform services according to Paragraph 2,
STATEMENT OF WORK above. The billable amount is $74,000 plus any
adjustments to salary, employee benefits and /or overhead rates approved by the
Board of Supervisors during the fiscal year.
COUNTY shall provide DPO services commensurate with the 50% cost of
services and staff being paid by CITY. CITY agrees that the DPO services
provided may include 50% of all customary employee functions such as
attending mandatory training, scheduled and unscheduled lime -off (e.g. sick,
vacation, etc.), and /or attending to other Probation - related activities that may on
occasion require the DPO to be away from the service site. CITY agrees that it is
responsible for the entire billable amount of this Agreement.
CITY shall reimburse COUNTY for 100% of the salary for a DPO II, paid at one
and one -half time, for all time worked beyond forty (40) hours per week. It is at
the discretion of the COUNTY with the agreement of the CITY whether the
DPO II works in excess of forty (40) hours per week. The current overtime rate is
approximately $55.04 per hour plus any adjustments to salary, employee
benefits and /or overhead rates approved by the Board of Supervisors during the
fiscal year.
Within thirty (30) days following the receipt of an invoice from Probation
Business Management Office, CITY shall reimburse COUNTY for the billed
amount. These invoices shall be provided to CITY within twenty (20) days
following: September 30, 2014, December 31, 2014, March 31, 2015. and June
30, 2015.
:1
This Agreement is by and between COUNTY and CITY and is not intended, and
shall not be construed, to create the relationship of agent, servant, employee,
partnership, joint venture, or association as between COUNTY and CITY. The
COUNTY'S relationship to the CITY in the performance of this Agreement is that
of an independent contractor. The COUNTY'S personnel performing services
under this Agreement shall at all times be under the COUNTY'S exclusive
direction and control and shall be employees of the COUNTY and not employees
of the CITY. COUNTY shall pay all wages, salaries, worker's compensation, and
other amounts due its employees in connection with this Agreement and shall be
responsible for all reports and obligations respecting them.
6. INDEMNIFICATION
CITY shall indemnify, defend, and hold harmless COUNTY, and its Special
Districts, elected and appointed officers, employees and agents from and against
any and all liability, including but not limited to demands, claims, actions, fees,
costs, and expenses (including attorney and expert witness fees), arising from or
connected with CITY'S acts and /or omissions arising from and /or relating to this
Agreement.
COUNTY shall indemnify, defend, and hold harmless CITY, and its elected and
appointed officers, employees and agents from and against any and all liability,
including but not limited to demands, claims, actions, fees, costs, and expenses
(including attorney and expert witness fees), arising from or connected with
COUNTY'S acts and /or omissions arising from and /or relating to this Agreement.
LIMITATION OF COUNTY'S OBLIGATION DUE TO NON - APPROPRIATION
COUNTY'S obligation for its percentage of salary and employee benefits costs is
payable only and solely from funds appropriated for the purpose of this
Agreement subject to COUNTY'S legislative appropriation for this purpose. In the
event the Board of Supervisors does not allocate sufficient funds then the
affected services shall be terminated. COUNTY shall notify CITY in writing of
such non - allocation at the earliest possible date.
8. BUDGET REDUCTIONS
In the event that COUNTY'S Board of Supervisors adopts in any Fiscal Year a
COUNTY Budget which provides for reductions in the salaries and benefits paid
to the majority of COUNTY employees and imposes similar reductions with
respect to COUNTY contracts, COUNTY reserves the right to reduce its services
obligation correspondingly for that Fiscal Year and any subsequent Fiscal Year
services. COUNTY'S notice to CITY regarding said reduction in obligation shall
be provided within thirty (30) days of the Board of Supervisors approval of such
actions.
9. TERMINATION AND TERMINATION COSTS
In the event that CITY or COUNTY withdraws its participation in the project
described in this Agreement, such withdrawal shall be preceded by thirty (30)
days' written notice to the other party. Notwithstanding, CITY or COUNTY may
terminate this Agreement upon the termination, suspension, discontinuation or
substantial reduction in CITY or COUNTY funding for the Agreement activity. In
such event, COUNTY shall be compensated for all services rendered and all
necessary incurred costs performed in accordance with the terms of this
Agreement which have not been previously reimbursed up to the date of said
termination. Payment shall be made only upon the filing with CITY, by COUNTY,
vouchers evidencing the time expended and said costs incurred. Said vouchers
must be fled with CITY within thirty (30) days of said termination.
10. TERMINATION FOR IMPROPER CONSIDERATION
COUNTY may, by written notice to CITY, immediately terminate the right of the
CITY to proceed under this Agreement if it is found that consideration, in any
form, was offered or given by the COUNTY, either directly or through an
intermediary, with the intent of securing the Agreement or securing favorable
treatment with respect to the amendment or extension of the Agreement or
making of any determinations with respect to the COUNTY'S performance
pursuant to the Agreement. In the event of such termination, COUNTY shall be
entitled to pursue the same remedies against the CITY as it could pursue in the
event of default by the CITY.
CITY shall immediately report any attempt by a COUNTY officer or employee to
solicit such improper consideration. The report shall be made either to the
COUNTY manager charged with the supervision of the employee or to the
COUNTY Auditor - Controller's Employee Fraud Hotline at (800) 544 -6861.
Among other items, such improper consideration may take the form of cash,
discounts, service, the provision of travel or entertainment, or tangible gifts.
11. TERM
This Agreement shall be for a period of twelve (12) months commencing on
July 1, 2014 and terminating on June 30, 2015.
3
IN WITNESS WHEREOF, the County of Los Angeles and CITY have caused this
Contract to be executed on their behalf by their authorized representatives, the day,
month and year first above written. The person signing on behalf of CITY warrants that
he or she is authorized to bind the CITY, and attest under penalty of perjury to the truth
and authenticity of representations made and documents submitted and incorporated
as part of this Contract.
COUNTY OF LOS ANGELES
PROBATION DEPARTMENT
By
JERRY E. POWERS Date
CHIEF PROBATION OFFICER
CITY OF ROSEMEAD
a
Name (Typed or Printed)
Date
APPROVED AS TO FORM:
JOHN F. KRATTLI
COUNTY COUNSEL
�� �OVI
ILLICENT L. OLON to
PRINCIPAL DEPUTY COUNTY COUNSEL
\ -
AGENCY ORIGINAL
640 -14 -112
COUNTY OF LOS ANGELES
PROBATION DEPARTMENT
AGREEMENT TO PROVIDE A
PREVENTION AND INTERVENTION PROGRAM
(PIP)
CITY OF ROSEMEAD (GCSP)
JULY 1, 2014 -JUNE 30, 2015
TABLE OF CONTENTS
PAGE NO.
1.
PURPOSE OF THE AGREEMENT ............................
- .. ... 1
2.
STATEMENT OF WORK ....................... . - ........
..... 1
3.
EMPLOYMENT STATUS .................................... - ...........................
2
4 .
PAYMENT .........................................................................................
2
5.
INDEPENDENT CONTRACTOR .............................................
. .3
6 .
INDEMNIFICATION .......... .................................. ............................
3
7.
LIMITATION OF COUNTY'S OBLIGATION DUE
TO NON-APPROPRIATION ........................................ ---
.. ............ 4
8.
BUDGET REDUCTIONS ................. .................................................
4
9.
TERMINATION AND TERMINATION COSTS .... ..............................4
10,
TERMINATION FOR IMPROPER CONSIDERATION ......................4
11 .
TERM .......................... .................................. - ................................
5
COUNTY OF LOS ANGELES
AND
CITY OF ROSEMEAD
THIS AGREEMENT is made and entered into this day of 2014
by and between the City of Rosemead, located at 8838 East Valley Blvd., Rosemead,
California, 91770, hereinafter referred to as "CITY ", and the County of Los Angeles,
hereinafter referred to as "COUNTY ", both of whom are collectively referred to as the
"PARTIES ".
WHEREAS, CITY desires to provide probation prevention /intervention services to assist
in reducing incidents of truancy and other serious behavioral problems; and
WHEREAS, COUNTY Probation Department has statutory authority pursuant to
Section 1203.14 of the Penal Code and Section 652 of the Welfare and Institutions
Code to provide certain expertise and resources in this area,
WHEREAS, the Chief Probation Officer has been delegated authority by the Los
Angeles County Board of Supervisors to negotiate and sign agreements to provide
these services, and
WHEREAS, COUNTY desires to participate in a joint effort with the CITY,
NOW, THEREFORE, in consideration of the mutual benefits and subject to the
conditions contained herein, the PARTIES mutually agree as follows:
PURPOSE OF THE AGREEMENT
The purpose of this Agreement is to maintain within the CITY, the services of
one (1) Deputy Probation Officer (DPO) and support staff mutually agreed upon
by both parties. This DPO will provide specialized probation services for CITY.
Probation services shall be provided by COUNTY through this Agreement and
shall be consistent with the laws of the State of California and the guidelines of
the CITY.
2. STATEMENT OF WORK
A. COUNTY shall provide, on behalf of CITY, the services of one (1) DPO
and related support staff with caseload supervision and coordination
responsibility, such caseloads to conform to the standards established for
the Probation Department's (Probation) Prevention and Intervention
Program (PIP). The DPO will coordinate services for participants with
school administrators, law enforcement, and community providers to
ensure that school success and safety strategies are implemented.
Further, the DPO will assist the CITY to develop a graffiti
removal /community service program for probationers and at -risk youth
cited and ordered or instructed to complete community service hours.
Lastly, the DPO will liaison with law enforcement to provide information to
assist with juvenile crime reduction strategies and probation compliance
check mandates.
B. CITY shall provide office space and telephone services within its
boundaries for use by the assigned DPO.
C. In addition to the duties associated with the assigned DPO, the DPO will:
• Coordinate with DPOs supervising youth within the CITY to ensure
participation in prevention and intervention services.
Provide supervision of probationers and at -risk youth including
assessment, case planning and case management when
appropriate.
• Coordinate with probation offices and school -based officers on a
weekly basis, reviewing potential cases, and setting up an
organized referral process of appropriate cases to the Work
Restitution and other community service initiatives.
• Coordinate with central referral process of Probation or referrals
and where relevant Juvenile Justice Crime Prevention Act (JJCPA)
service agencies.
• Provide updates and progress reports on active cases (generated
by program staff) back to the referring officers.
3. EMPLOYMENT STATUS
The assigned DPO is an employee of COUNTY and is entitled to wages and
employee benefits appropriate to what is provided other COUNTY employees
who are DPOs. It is additionally understood that no term or condition of this
Agreement can conflict with State statute defining the status of the DPO as a
Peace Officer.
4. PAYMENT
CITY shall reimburse COUNTY for support services and 50% of the salary and
employee benefits for one (1) Deputy Probation Officer II (DPO II) and support
staff assigned by COUNTY to perform services according to Paragraph 2,
STATEMENT OF WORK above. The billable amount is $74,000 plus any
adjustments to salary, employee benefits and /or overhead rates approved by the
Board of Supervisors during the fiscal year.
COUNTY shall provide DPO services commensurate with the 50% cost of
services and staff being paid by CITY. CITY agrees that the DPO services
provided may include 50% of all customary employee functions such as
attending mandatory training, scheduled and unscheduled time -off (e.g. sick,
vacation, etc.), and /or attending to other Probation - related activities that may on
occasion require the DPO to be away from the service site. CITY agrees that it is
responsible for the entire billable amount of this Agreement.
CITY shall reimburse COUNTY for 100% of the salary for a DPO II, paid at one
and one -half time, for all time worked beyond forty (40) hours per week. It is at
the discretion of the COUNTY with the agreement of the CITY whether the
DPO II works in excess of forty (40) hours per week. The current overtime rate is
approximately $55.04 per hour plus any adjustments to salary, employee
benefits and /or overhead rates approved by the Board of Supervisors during the
fiscal year.
Within thirty (30) days following the receipt of an invoice from Probation
Business Management Office, CITY shall reimburse COUNTY for the billed
amount. These invoices shall be provided to CITY within twenty (20) days
following: September 30, 2014, December 31, 2014, March 31, 2015, and June
30,2015.
5. INDEPENDENT CONTRACTOR
This Agreement is by and between COUNTY and CITY and is not intended, and
shall not be construed, to create the relationship of agent, servant, employee,
partnership, joint venture, or association as between COUNTY and CITY. The
COUNTY'S relationship to the CITY in the performance of this Agreement is that
of an independent contractor. The COUNTY'S personnel performing services
under this Agreement shall at all times be under the COUNTY'S exclusive
direction and control and shall be employees of the COUNTY and not employees
of the CITY. COUNTY shall pay all wages, salaries, worker's compensation, and
other amounts due its employees in connection with this Agreement and shall be
responsible for all reports and obligations respecting them.
6. INDEMNIFICATION
CITY shall indemnify, defend, and hold harmless COUNTY, and its Special
Districts, elected and appointed officers, employees and agents from and against
any and all liability, including but not limited to demands, claims, actions, fees,
costs, and expenses (including attorney and expert witness fees), arising from or
connected with CITY'S acts and /or omissions arising from and /or relating to this
Agreement.
COUNTY shall indemnify, defend, and hold harmless CITY, and its elected and
appointed officers, employees and agents from and against any and all liability,
including but not limited to demands, claims, actions, fees, costs, and expenses
(including attorney and expert witness fees), arising from or connected with
COUNTY'S acts and /or omissions arising from and /or relating to this Agreement.
LIMITATION OF COUNTY'S OBLIGATION DUE TO NON - APPROPRIATION
COUNTY'S obligation for its percentage of salary and employee benefits costs is
payable only and solely from funds appropriated for the purpose of this
Agreement subject to COUNTY'S legislative appropriation for this purpose. In the
event the Board of Supervisors does not allocate sufficient funds then the
affected services shall be terminated. COUNTY shall notify CITY in writing of
such non - allocation at the earliest possible date.
8. BUDGET REDUCTIONS
In the event that COUNTY'S Board of Supervisors adopts in any Fiscal Year a
COUNTY Budget which provides for reductions in the salaries and benefits paid
to the majority of COUNTY employees and imposes similar reductions with
respect to COUNTY contracts, COUNTY reserves the right to reduce its services
obligation correspondingly for that Fiscal Year and any subsequent Fiscal Year
services. COUNTY'S notice to CITY regarding said reduction in obligation shall
be provided within thirty (30) days of the Board of Supervisors approval of such
actions.
TERMINATION AND TERMINATION COSTS
In the event that CITY or COUNTY withdraws its participation in the project
described in this Agreement, such withdrawal shall be preceded by thirty (30)
days' written notice to the other party. Notwithstanding, CITY or COUNTY may
terminate this Agreement upon the termination, suspension, discontinuation or
substantial reduction in CITY or COUNTY funding for the Agreement activity- In
such event, COUNTY shall be compensated for all services rendered and all
necessary incurred costs performed in accordance with the terms of this
Agreement which have not been previously reimbursed up to the date of said
termination. Payment shall be made only upon the filing with CITY, by COUNTY,
vouchers evidencing the time expended and said costs incurred. Said vouchers
must be filed with CITY within thirty (30) days of said termination.
10. TERMINATION FOR IMPROPER CONSIDERATION
COUNTY may, by written notice to CITY, immediately terminate the right of the
CITY to proceed under this Agreement if it is found that consideration, in any
form, was offered or given by the COUNTY, either directly or through an
intermediary, with the intent of securing the Agreement or securing favorable
treatment with respect to the amendment or extension of the Agreement or
making of any determinations with respect to the COUNTY'S performance
pursuant to the Agreement. In the event of such termination, COUNTY shall be
entitled to pursue the same remedies against the CITY as it could pursue in the
event of default by the CITY.
CITY shall immediately report any attempt by a COUNTY officer or employee to
solicit such improper consideration. The report shall be made either to the
COUNTY manager charged with the supervision of the employee or to the
COUNTY Auditor - Controller's Employee Fraud Hotline at (800) 544 -6861.
Among other items, such improper consideration may take the form of cash,
discounts, service, the provision of travel or entertainment, or tangible gifts.
11. TERM
This Agreement shall be for a period of twelve (12) months commencing on
July 1, 2014 and terminating on June 30, 2015.
IN WITNESS WHEREOF, the County of Los Angeles and CITY have caused this
Contract to be executed on their behalf by their authorized representatives, the day,
month and year first above written. The person signing on behalf of CITY warrants that
he or she is authorized to bind the CITY, and attest under penalty of perjury to the truth
and authenticity of representations made and documents submitted and incorporated
as part of this Contract.
COUNTY OF LOS ANGELES
PROBATION DEPARTMENT
By
JERRY E. POWERS
CHIEF PROBATION OFFICER
Date
CITY OF ROSEMEAD
Name (Typed or Printed)
Date
APPROVED AS TO FORM:
JOHN F. KRATTLI
COUNTY COUNSEL
I . to
PRINCIPAL DEPUTY COUNTY COUNSEL
PROBATION ORIGINAL
640 -14 -112
COUNTY OF LOS ANGELES
PROBATION DEPARTMENT
AGREEMENT TO PROVIDE A
PREVENTION AND INTERVENTION PROGRAM
(PIP)
CITY OF ROSEMEAD (GCSP)
JULY 1, 2014 - JUNE 30, 2015
TABLE OF CONTENTS
PAGE NO.
1.
PURPOSE OF THE AGREEMENT ...................... _
... 1
2.
STATEMENT OF WORK .................... ................. ..
. .... __ .. 1
3.
EMPLOYMENT STATUS ....... ................................... - .....................
2
4 .
PAYMENT ................................... _ ..........................................
........ 2
5.
INDEPENDENT CONTRACTOR ......................................................
3
6 .
INDEMNIFICATION ................................... ...............................
...... 3
7.
LIMITATION OF COUNTY'S OBLIGATION DUE
TO NON-APPROPRIATION ................................ ..............................4
8 .
BUDGET REDUCTIONS.. .................................................................
4
9.
TERMINATION AND TERMINATION COSTS .... ..............................4
10.
TERMINATION FOR IMPROPER CONSIDERATION ......................4
11 .
TERM ................................................................................................
5
COUNTY OF LOS ANGELES
AND
CITY OF ROSEMEAD
THIS AGREEMENT is made and entered into this day of 2014
by and between the City of Rosemead, located at 8838 East Valley Blvd., Rosemead,
California, 91770, hereinafter referred to as "CITY ", and the County of Los Angeles,
hereinafter referred to as "COUNTY ", both of whom are collectively referred to as the
"PARTIES ".
WHEREAS, CITY desires to provide probation prevention /intervention services to assist
in reducing incidents of truancy and other serious behavioral problems, and
WHEREAS, COUNTY Probation Department has statutory authority pursuant to
Section 1203.14 of the Penal Code and Section 652 of the Welfare and Institutions
Code to provide certain expertise and resources in this area;
WHEREAS, the Chief Probation Officer has been delegated authority by the Los
Angeles County Board of Supervisors to negotiate and sign agreements to provide
these services; and
WHEREAS, COUNTY desires to participate in a joint effort with the CITY;
NOW, THEREFORE, in consideration of the mutual benefits and subject to the
conditions contained herein, the PARTIES mutually agree as follows:
1. PURPOSE OF THE AGREEMENT
The purpose of this Agreement is to maintain within the CITY, the services of
one (1) Deputy Probation Officer (DPO) and support staff mutually agreed upon
by both parties. This DPO will provide specialized probation services for CITY.
Probation services shall be provided by COUNTY through this Agreement and
shall be consistent with the laws of the State of California and the guidelines of
the CITY.
2. STATEMENT OF WORK
A. COUNTY shall provide, on behalf of CITY, the services of one (1) DPO
and related support staff with caseload supervision and coordination
responsibility, such caseloads to conform to the standards established for
the Probation Department's (Probation) Prevention and Intervention
Program (PIP). The DPO will coordinate services for participants with
school administrators, law enforcement, and community providers to
ensure that school success and safety strategies are implemented.
Further, the DPO will assist the CITY to develop a graffiti
removal /community service program for probationers and at -risk youth
cited and ordered or instructed to complete community service hours.
Lastly, the DPO will liaison with law enforcement to provide information to
assist with juvenile crime reduction strategies and probation compliance
check mandates.
CITY shall provide office space and telephone services within its
boundaries for use by the assigned DPO.
C. In addition to the duties associated with the assigned DPO, the DPO will:
• Coordinate with DPOs supervising youth within the CITY to ensure
participation in prevention and intervention services.
• Provide supervision of probationers and at -risk youth including
assessment, case planning and case management when
appropriate.
• Coordinate with probation offices and school -based officers on a
weekly basis, reviewing potential cases, and setting up an
organized referral process of appropriate cases to the Work
Restitution and other community service initiatives.
• Coordinate with central referral process of Probation or referrals
and where relevant Juvenile Justice Crime Prevention Act (JJCPA)
service agencies.
Provide updates and progress reports on active cases (generated
by program staff) back to the referring officers.
3. EMPLOYMENT STATUS
The assigned DPO is an employee of COUNTY and is entitled to wages and
employee benefits appropriate to what is provided other COUNTY employees
who are DPOs. It is additionally understood that no term or condition of this
Agreement can conflict with State statute defining the status of the DPO as a
Peace Officer.
4. PAYMENT
CITY shall reimburse COUNTY for support services and 50% of the salary and
employee benefits for one (1) Deputy Probation Officer II (DPO II) and support
staff assigned by COUNTY to perform services according to Paragraph 2,
STATEMENT OF WORK above. The billable amount is $74,000 plus any
adjustments to salary, employee benefits and /or overhead rates approved by the
Board of Supervisors during the fiscal year.
COUNTY shall provide DPO services commensurate with the 50% cost of
services and staff being paid by CITY. CITY agrees that the DPO services
provided may include 50% of all customary employee functions such as
attending mandatory training, scheduled and unscheduled time -off (e.g. sick,
vacation, etc.), and /or attending to other Probation - related activities that may on
occasion require the DPO to be away from the service site. CITY agrees that it is
responsible for the entire billable amount of this Agreement.
CITY shall reimburse COUNTY for 100% of the salary for a DPO II, paid at one
and one -half time, for all time worked beyond forty (40) hours per week. It is at
the discretion of the COUNTY with the agreement of the CITY whether the
DPO II works in excess of forty (40) hours per week. The current overtime rate is
approximately $55.04 per hour plus any adjustments to salary, employee
benefits and /or overhead rates approved by the Board of Supervisors during the
fscalyear.
Within thirty (30) days following the receipt of an invoice from Probation
Business Management Office, CITY shall reimburse COUNTY for the billed
amount. These invoices shall be provided to CITY within twenty (20) days
following: September 30, 2014, December 31, 2014, March 31, 2015, and June
30,2015.
5. INDEPENDENT CONTRACTOR
This Agreement is by and between COUNTY and CITY and is not intended, and
shall not be construed, to create the relationship of agent, servant, employee,
partnership, joint venture, or association as between COUNTY and CITY. The
COUNTY'S relationship to the CITY in the performance of this Agreement is that
of an independent contractor. The COUNTY'S personnel performing services
under this Agreement shall at all times be under the COUNTY'S exclusive
direction and control and shall be employees of the COUNTY and not employees
of the CITY. COUNTY shall pay all wages, salaries, worker's compensation, and
other amounts due its employees in connection with this Agreement and shall be
responsible for all reports and obligations respecting them.
6. INDEMNIFICATION
CITY shall indemnify, defend, and hold harmless COUNTY, and its Special
Districts, elected and appointed officers, employees and agents from and against
any and all liability, including but not limited to demands, claims, actions, fees,
costs, and expenses (including attorney and expert witness fees), arising from or
connected with CITY'S acts and /or omissions arising from and /or relating to this
Agreement.
COUNTY shall indemnify, defend, and hold harmless CITY, and its elected and
appointed officers, employees and agents from and against any and all liability,
including but not limited to demands, claims, actions, fees, costs, and expenses
(including attorney and expert witness fees), arising from or connected with
COUNTY'S acts and /or omissions arising from and /or relating to this Agreement.
LIMITATION OF COUNTY'S OBLIGATION DUE TO NON - APPROPRIATION
COUNTY'S obligation for its percentage of salary and employee benefits costs is
payable only and solely from funds appropriated for the purpose of this
Agreement subject to COUNTY'S legislative appropriation for this purpose. In the
event the Board of Supervisors does not allocate sufficient funds then the
affected services shall be terminated. COUNTY shall notify CITY in writing of
such non - allocation at the earliest possible date.
8. BUDGET REDUCTIONS
In the event that COUNTY'S Board of Supervisors adopts in any Fiscal Year a
COUNTY Budget which provides for reductions in the salaries and benefits paid
to the majority of COUNTY employees and imposes similar reductions with
respect to COUNTY contracts, COUNTY reserves the right to reduce its services
obligation correspondingly for that Fiscal Year and any subsequent Fiscal Year
services. COUNTY'S notice to CITY regarding said reduction in obligation shall
be provided within thirty (30) days of the Board of Supervisors approval of such
actions.
9. TERMINATION AND TERMINATION COSTS
In the event that CITY or COUNTY withdraws its participation in the project
described in this Agreement, such withdrawal shall be preceded by thirty (30)
days' written notice to the other party. Notwithstanding, CITY or COUNTY may
terminate this Agreement upon the termination, suspension, discontinuation or
substantial reduction in CITY or COUNTY funding for the Agreement activity. In
such event, COUNTY shall be compensated for all services rendered and all
necessary incurred costs performed in accordance with the terms of this
Agreement which have not been previously reimbursed up to the date of said
termination. Payment shall be made only upon the filing with CITY, by COUNTY,
vouchers evidencing the time expended and said costs incurred. Said vouchers
must be filed with CITY within thirty (30) days of said termination.
10. TERMINATION FOR IMPROPER CONSIDERATION
COUNTY may, by written notice to CITY, immediately terminate the right of the
CITY to proceed under this Agreement if it is found that consideration, in any
form, was offered or given by the COUNTY, either directly or through an
intermediary, with the intent of securing the Agreement or securing favorable
treatment with respect to the amendment or extension of the Agreement or
making of any determinations with respect to the COUNTY'S performance
pursuant to the Agreement. In the event of such termination, COUNTY shall be
entitled to pursue the same remedies against the CITY as it could pursue in the
event of default by the CITY.
CITY shall immediately report any attempt by a COUNTY officer or employee to
solicit such improper consideration. The report shall be made either to the
COUNTY manager charged with the supervision of the employee or to the
COUNTY Auditor - Controller's Employee Fraud Hotline at (800) 544 -6861.
Among other items, such improper consideration may take the form of cash,
discounts, service, the provision of travel or entertainment, or tangible gifts.
11. TERM
This Agreement shall be for a period of twelve (12) months commencing on
July 1, 2014 and terminating on June 30, 2015.
IN WITNESS WHEREOF, the County of Los Angeles and CITY have caused this
Contract to be executed on their behalf by their authorized representatives, the day,
month and year first above written. The person signing on behalf of CITY warrants that
he or she is authorized to bind the CITY, and attest under penalty of perjury to the truth
and authenticity of representations made and documents submitted and incorporated
as part of this Contract.
COUNTY OF LOS ANGELES
PROBATION DEPARTMENT
By
JERRY E. POWERS
CHIEF PROBATION OFFICER
Date
CITY OF ROSEMEAD
Name (Typed or Printed)
Date
APPROVED AS TO FORM:
JOHN F. KRATTLI
COUNTY COUNSEL
By - 4am
*MILCENT L. ROLON to
PRINCIPAL DEPUTY COUNTY COUNSEL