CC - Item 4D - LA County Prevention and Intervention Program•
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ORP RATED
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUN L
FROM: ANDREW C. LAZZARETTO, CITY MANAG
DATE: JUNE 13, 2006
SUBJECT: LA COUNTY PREVENTION AND INTERVENTION PROGRAM
SUMMARY
As part of our commitment to providing rehabilitative law enforcement services, the City has
traditionally provided funding for one Deputy Probation Officer and support staff through the Los
Angeles County Probation Department to assist with probationary prevention and intervention
activities. This program, which was formerly known as the Gang Alternative Prevention
Program, has been renamed the Prevention and Intervention Program (PIP) and is anticipated
to cost $63,000 for implementation during the 2006-2007 Fiscal Year.
Staff Recommendation
Staff recommends that the City Council authorize the City Manager to exercise the PIP
Agreement (Attachment A) with the Los Angeles County Probation Department for Fiscal Year
2006-07.
ANALYSIS
Over the past ten years, the City has contracted with the Los Angeles County Probation
Department to implement this program. In past years, the Deputy Probation Officer was based
out of the Garvey Public Safety Annex. However, that officer will now be moved to the new
Public Safety Center located at Zapopan Park to better respond to community needs.
LEGAL REVIEW
The Agreement has been reviewed as to form by the City Attorney.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
Do I agner
Assi ant ity Ma er
Attach A: Prevention & Intervention Program Agreement
APPROVED FOR CITY COUNCIL AGENDA: 1 ITEM NUMBER
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PROBATION ORIGINAL
COUNTY OF LOS ANGELES
PROBATION DEPARTMENT
AGREEMENT TO PROVIDE A
PREVENTION AND INTERVENTION PROGRAM
(PIP)
CITY OF ROSEMEAD
J U LY 1, 2006 -J U N E 30, 2007
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TABLE OF CONTENTS
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
...........3
8.
BUDGET REDUCTIONS
...........3
9.
TERMINATION AND TERMINATION COSTS
...........4
10.
TERMINATION FOR IMPROPER CONSIDERATION
...........4
11.
TERM
...........4
i
COUNTY OF LOS ANGELES
AND
CITY OF ROSEMEAD
THIS AGREEMENT is made and entered into this day of , 2006
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 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 of Rosemead, the
services of one (1) Deputy Probation Officer and support staff mutually agreed
upon by both parties. This Deputy Probation Officer 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) Deputy
Probation Officer and related support staff with caseload court-ordered
juvenile probationers who are within the community of Rosemead, such
caseloads to conform to the standards established for the Probation
Department's Prevention and Intervention Program (PIP). These students
will be mutually agreed upon by the Chief Probation Officer or his
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designee and the CITY. Further, the CITY will give input towards the
evaluation conducted by the Deputy Probation Officer.
B. CITY shall provide office space and telephone services within its
boundaries for use by the assigned Deputy Probation Officer.
C. In addition to the duties associated with caseload supervision, the
assigned Deputy Probation Officer will conduct crisis counseling in
individual and group settings with referred juveniles and parents.
3. EMPLOYMENT STATUS
The assigned Deputy Probation Officer is an employee of COUNTY and is
entitled to wages and employee benefits appropriate to what is provided other
County employees who are Deputy Probation Officers. It is additionally
understood that no term or condition of this Agreement can conflict with State
statute defining the status of the Deputy Probation Officer 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 and support staff
assigned by COUNTY to perform services according to Paragraph 2,
STATEMENT OF WORK above. The billable amount is $63,000 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 Deputy Probation
Officer 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 Deputy Probation Officer II works in excess of forty (40) hours
per week. The current overtime rate is approximately $48.89 per hour plus any
adjustments to salary, employee benefits and/or overhead rates approved by the
Board of Supervisors during the fiscal year.
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Within thirty (30) days following the receipt of an invoice from the Probation
Department's 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, 2006, December 31, 2006, March 31, 2007 and
June 30, 2007.
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.
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.
7. LIMITATION OF COUNTY'S OBLIGATION DUE TO NON-APPROPRIATION
COUNTY'S obligation for its 50% 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.
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COUNTY'S notice to CITY regarding said reduction in obligation shall be
provided within thirty (30) days of the Board's 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 (213) 974-0914 or (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, 2006 and terminating on June 30, 2007.
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