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CC - Item IV.CC-I - Provide Gang Alternative And Prevention Program ServicesTO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER DATE: JUNE 20, 2000 RE: APPROVAL OF AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND THE COUNTY OF LOS ANGELES PROBATION DEPARTMENT TO PROVIDE GANG ALTERNATIVE AND PREVENTION PROGRAM SERVICES Attached for your consideration is an agreement between the City of Rosemead and the County of Los Angeles Probation Department for Gang Alternative and Prevention Program Services (GAPP). The 2000-01 Budget authorizes the continuation of one full-time probation officer to staff the Garvey Park Public Safety Annex. The City Attorney has reviewed the contract as to form. RECOMMENDATION It is recommended that the City Council approve the attached agreement and direct the City Clerk to take the appropriate action. COUNOL E JUN 2 7 2000 c-rfte hS ..y 1 staf epor t COUNTY OF LOS ANGELES PROBATION DEPARTMENT AGREEMENT TO PROVIDE GANG ALTERNATIVE AND PREVENTION PROGRAM SERVICES (GAPP) CITY OF ROSEMEAD 7/1/2000 - 6/30/2001 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 3 8. BUDGET REDUCTIONS 3 9. TERMINATION AND TERMINATION COSTS 4 10. TERMINATION FOR IMPROPER CONSIDERATION 4 1 1 . TERM 4 i COUNTY OF LOS ANGELES AND CITY OF ROSEMEAD THIS AGREEMENT is made and entered into this day of 2000, 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 and 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; and 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 Gang Crime Suppression Program. These 1 ~ students will be mutually agreed upon by the Chief Probation Officer or his 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: - - - - Supervise a caseload of 75 court-ordered probationers; and 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 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 $46,037 plus any adjustments to salary, employee benefits and/or overhead rates approved by the Board of Supervisors during the fiscal year. 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 whether the Deputy Probation Officer II works in excess of forty (40) hours per week. The current overtime rate is approximately $44.31 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 1 2 E:.. for the billed amount. These invoices shall be provided to CITY within twenty (20) days following September 30, 2000, December 31, 2000, March 31, 2001 and June 30, 2001. 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 agrees to indemnify, defend and hold harmless COUNTY and its Special Districts, elected and appointed officers, employees and agents (County) from and against any and all liability and expenses, including defense costs and legal fees arising from or connected with claims and lawsuits for damages or workers' compensation benefits relating to CITY'S operations or its services, which result from bodily injury, death, personal injury, or property damage (including damage to CITY'S property). CITY shall not be obligated to indemnify for liability and expense arising from the active negligence of the COUNTY. 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 a Fiscal Year 2000/2001 County Budget or a revised 2000/2001 Budget which provides for reductions and imposes similar reductions with respect to COUNTY contracts, COUNTY reserves the right to reduce its obligation correspondingly for Fiscal Year 2000/2001 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. 3 . _ 9 10. 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. 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, 2000 and terminating on June 30, 2001. / 4 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 Richard Shumsky Chief Probation Officer CITY OF ROSEMEAD BY Typed or Printed Name Title APPROVED AS TO FORM: LLOYD W. PELLMAN County Counsel By HALVOR S i',Fi -)m Halvor S. Melom Principal Deputy County Counsel c 6