CC - Item 3D - Probation Officer Contract RenewalROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: JUNE 23, 2009
SUBJECT: PROBATION OFFICER CONTRACT RENEWAL
SUMMARY
The City currently contracts with the Los Angeles County Probation Department for two Deputy
Probation Officers (DPO's) for juvenile prevention and intervention programs. These DPO's
work 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 them 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 these two DPO's are an important part of our overall public safety strategy
and highly recommend that they continue. Attached is the agreement to provide two Prevention
and Intervention Program Deputy Probation Officers for the City of Rosemead. The agreement
shall be effective from July 1, 2009 through June 30, 2010 with a total cost of $130,000.
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.
FINANCIAL IMPACT
The cost of each DPO is $65,000 for a total cost of $130,000. Funds are included in the
proposed 2009-10 Fiscal Year Budget.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
TV
Matthhw E. Ha kesworth
Assistant City Manager
Attachment: Contract
YAM NO.
APPROVED FOR CITY COUNCIL AGENDA:
PROBATION ORIGINAL
COUNTY OF LOS ANGELES
PROBATION DEPARTMENT
AGREEMENT TO PROVIDE A
PREVENTION AND INTERVENTION PROGRAM
(PIP)
CITY OF ROSEMEAD
JULY 1, 2009 - JUNE 30, 2010
(GCSP)
TABLE OF CONTENTS
Page No.
1. PURPOSE OF THE AGREEMENT 1
2. STATEMENT OF WORK 1
3. EMPLOYMENT STATUS 2
4. PAYMENT .........................................................................................3
5. INDEPENDENT CONTRACTOR 3
6. INDEMNIFICATION ..........................................................................4
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 5
11. TERM ................................................................................................5
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COUNTY OF LOS ANGELES
AND
CITY OF ROSEMEAD
THIS AGREEMENT is made and entered into this day of 2009
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 supervision and
coordination responsibility, such caseloads to conform to the standards
established for the Probation Department's Prevention and Intervention
Program. The Deputy Probation Officer will coordinate services for
participants with school administrators, law enforcement, and community
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providers to ensure that school success and safety strategies are
implemented. Further, the Deputy Probation Officer 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, Deputy Probation Officer 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 Deputy Probation Officer.
C. In addition to the duties associated with the assigned Deputy, the duties of
the Deputy. Probation Officer will:
Coordinate with Deputy Probation Officers supervising youth within
the City of Rosemead 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 Department
for referrals and where relevant 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 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.
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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 $64,806 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 $53.96 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 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, 2009, December 31, 2009, March 31, 2010 and
June 30. 2010.
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.
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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.
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
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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, 2009 and terminating on June 30, 2010.
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The PARTIES by their duly authorized signatures, have caused this Agreement to
become effective on the day, month and year first written above.
COUNTY OF LOS ANGELES
BY
Robert B. Taylor Date
Chief Probation Officer
CITY OF ROSEMEAD
BY 1111W
Typed or Printed Name
Title
Date
APPROVED AS TO FORM:
ROBERT E. KALUNIAN,
ACTING, COUNTY COUNSEL
Gordon W. Trask
Principal Deputy
County Counsel
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