CC - Item IV. F - Agreement Between city Of Rosemead + GAPP~~~pC CJ
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER ~
DATE: JUNE 6, 2001 -~V
RE: AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND THE
COUNTY OF LOS ANGELES TO PROVIDE A GANG ALTERNATIVE
PREVENTION PROGRAM (GAPP)
Attached for your consideration is an agreement that extends the GAPP Program for fiscal year
2001-02. The contract has been reviewed as to form by the City Attorney.
RECOMMENDATION
It is recommended that the City Council authorize the extension of the GAPP agreement with the
County of Los Angeles for fiscal year 2001-02.
JUN 12 2001 ~
ITEM ado. ~C~.~
JUN-05-2001 07:40 PROBATION HUS
15626033766 P.02i02
COUNTY OF LOS ANGELES
PROBATION DEPARTMENT
AGREEMENT TO PROVIDE A
GANG ALTERNATIVE PREVENTION
PROGRAM
(GAPP)
City of Rosemead
7/l/2001 - 6/30/2002
4
TOTAL P.02
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
2001, 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;
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 OE 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 Alternative and Prevention Program.
1
These 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 conduct crisis counseling in
individual and group settings with referred juveniles and parents.
3. FMPI OVMFNT STATIIS
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. EAYMENI
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 $48,422 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 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 $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
for the billed amount. These invoices shall be provided to CITY within
twenty (20) days following September 30, 2001, December 31, 2001,
March 31, 2002 and June 30, 2002.
2
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. MUMMIFICATION
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. 1 IMITATION OF COUNTY S OBI IGATION DI IF 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.
RIIDGET REM ICTIONS
In the event that County's Board of Supervisors adopts a Fiscal Year
2001/2002 County Budget or a revised 2001/2002 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 2001/2002. COUNTY'S notice to CITY
regarding said reduction in payment obligation shall be provided within thirty
(30) days of the Board's approval of such actions.
3
9. TERMINATION AND TERMINATION CARTS
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, 2001 and terminating on June 30, 2002.
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
Date
APPROVED AS TO FORM:
LLOYD W. PELLMAN
County Counsel
11
By HALVO- S. McLOM 4l~I
Halvor S. Melom
Principal Deputy
County Counsel
5
Councilman Taylor requested a report on the Economic Development Meeting (Walmart
and Target).
1V. CONSENT CALENDAR
CC-A APPROVAL OF FIREWORKS STAND LOCATIONS
CC-B RE-AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA
CITIES MAYORS AND COUNCILM EMBERS EXECUTIVE FORUM -
JULY 25-27,2001, MONTEREY
CC-C RE-AUTHORIZATION TO FUND CAMBODIAN 17AAIILY SUPPORT
AND OUTREACH PROGRAM
CC-D AUTHORIZATION TO SUPPORT TI E CITY OF BURBANK'S APPEAL
IN THEIR INVOCATION CASE BY ADDING THE CITY OF
ROSEMEAD'S NAME ON AN AMICUS CURIAE BRIEF
CC-E AWARD OF BID - DOCUMENT IATAGING SYSTEM
'*to&F AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND THE
COUNTY OF LOS ANGELES TO PROVIDE GANG ALTERNATIVE
PREVENTION PROGRAM (GAPP)
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILWOMAN
CLARK that the Council approve the aforementioned items on the Consent Calendar. Vote
resulted:
Yes: Bruesch, Taylor, Imperial, Clark, Vasquez
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION AND ACTION
A. DINSMOOR HOUSE - INSTALLATION OF ALARM SYSTEM AND
AU MORIZATION TO OBTAIN RESTORATION COST ESTIMATES
MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILWOMAN
CLARK that the Council approve Post Alarm Systems' proposal for the full system installation
and monthly monitoring service and authorize the City Manager to undertake a cost
assessment/options review for utilization/disposition of the facility for an amount not to exceed
$500. Vote resulted:
Yes: Bruesch, 'T'aylor, Imperial, Clark, Vasquez
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
B. RELIEF FROM ORDINANCE NO. 81.1 (GARMENT MANUFACTURING
MORATORIUM) - 2727 STINGLE AVENUE, UNIT 7
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN VASQUEZ
that the Council approve the request for relief fi om Ordinance No. 811, and direct staff to
process the required entitlement application, which requires a public hearing and CUP. Vote
resulted:
CCNI IN:G-12-O1
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