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CC - Item 6B - Los Angeles County Probation Department Annual Contract Renewal - Los Angeles County Sheriff's Department STAR ProgramROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER ;_� � P DATE: JUNE 19, 2018 SUBJECT: LOS ANGELES COUNTY PROBATION DEPARTMENT ANNUAL CONTRACT RENEWAL / LOS ANGELES COUNTY SHERIFF'S DEPARTMENT (STAR) PROGRAM SUMMARY The City currently contracts with the Los Angeles County Probation Department for one Deputy Probation Officer (DPO). The DPO's main duties are 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 works closely with the schools, juveniles and their families to implement a variety of programs and services to assist in correcting their behavior. The DPO position has been a part of the City's effort and strategy in providing overall public safety. In previous years, the City had contracted with the Los Angeles County Sheriffs Department's to provide the Success Through Awareness & Resistance (STAR) program. The unit is comprised of Deputy Sheriffs who provide drug, gang, and violence prevention education to students. The program they provide is a structured curriculum consisting of a number of classes and lessons agreed upon. The number of lessons provided influences the overall price. In Attachment `C', a sample cost estimate is provided as a measuring tool to compare the number of lessons for grade levels based on the number of schools in both the Rosemead and Garvey School Districts. Example: ITEM NO. 6.13 ; Grade Level # of Classes # of Lessons Total Lessons Total Cost Rosemead 4th, 5th 60' 27 8 216 $54,013 Garvey 4 t 5th 6th 49 8 392 $98,023 608 Lessons x $250.06 (each lesson) = $152,036 ITEM NO. 6.13 ; City Council Meeting June 19, 2018 Page 2 of 3 STAFF RECOMMENDATION That the City Council authorize the City Manager to: 1. Execute the Los Angeles County Probation Department Agreement with the understanding that the Agreement could be terminated with 30 days written notice; 2. Direct staff to work with the STAR program representatives to determine an effective program within a determined approximate amount or range; and 3. Direct staff to bring back a formal agreement for the STAR program reflecting an agreed upon curriculum and within the approximate amount or range. DISCUSSION In comparing the two programs based on documentation and discussions with the current DPO and STAR program representatives, the two programs share the same focus of targeting our City's juveniles during their most influential years while growing to adulthood. However, it appears that the main difference between the two is that the STAR program is geared toward "prevention" by providing a structured educational curriculum to assist in educating our youth to resist unhealthy behavior, whereas the DPO's presence is geared toward "intervention" by working with and monitoring those juveniles who already have had problems with the law, and maintaining a relationship with the juvenile and family to monitor progress. The DPO also participates in the prevention aspect along with a number of other activities such as; assisting the School Districts with policies and threat assessments, and working in conjunction with our existing Deputy's during certain law enforcement operations. Should the Council be interested in re -introducing the STAR program, staff is seeking guidance on an approximate amount or range to be spent toward the STAR program during FY 2018-19. With that approximate amount staff would work with the STAR representatives to at least bring forth a program that will target students in their last year of elementary school (5th Grade) and the first two years of middle/junior high school (6th and 7th Grades). This minimum is based on preliminary discussions with STAR representatives as being the most influential years where the program could have the best impact. The current staff administration has limited working knowledge of both the Probationary Program and the STAR Program. To determine whether the programs overlap, share duties, or work in conjunction would likely require monitoring both programs on a pro -longed basis. Staff believes that an evaluation period of at least 6-9 months while running both programs simultaneously would provide a foundation for staff to make a better assessment and recommendation to the Council on the benefits of each program. Representatives from both the STAR program and Probationary program are available to present and answer any questions regarding their respective programs. City Council Meeting June 19, 2018 Page 3 of 3 FISCAL IMPACT The City's proposed 2018/19 Fiscal Year budget includes $87,000.00 for the Los Angeles County Probationary Agreement. STRATEGIC PLAN IMPACT - None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: e" T 5 J �- Greg S. I sujiuchi, Assistant City Manager Attachment A: Los Angeles County Probation Department Agreement Attachment B: Probation Case Load Report Attachment C: STAR Unit Overview Attachment D: STAR Program Proposal Attachment E: STAR Cost Estimates Attachment A Los Angeles County Probation Department Agreement 640-18-009 COUNTY OF LOS ANGELES PROBATION DEPARTMENT AGREEMENT TO PROVIDE A 0 PREVENTION AND INTERVENTION PROGRAM (PIP) CITY OF ROSEMEAD GANG CRIME SUPPRESSION PROGRAM (GCSP) JULY 19 2018 -JUNE 30, 2019 TABLE OF CONTENTS PAGE NO. 1. PURPOSE OF THE AGREEMENT... ................................... ............ I 2. STATEMENT OF WORK..................................................................1 3. EMPLOYMENTSTATUS..................................................................2 4. PAYMENT.........................................................................................2 5. INDEPENDENT CONTRACTOR...................................................... 3 6. INDEMNIFICATION........................................................................... 3 7. LIMITATION OF COUNTY'S OBLIGATION DUE TONON-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 2018 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 ll) and support staff assigned by COUNTY to perform services according to Paragraph 2, STATEMENT OF WORK above. The billable amount is $87,000 plus any adjustments to salary, employee benefits andlor overhead rates approved by the Board of Supervisors during the fiscal year. 5. 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 Il works in excess of forty (40) hours per week. The current overtime rate is approximately $63.43 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, 2018, December 31, 2018, March 31, 2019, and June 30, 2019. 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 COUNTYS 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. 7. 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 19 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, services, 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, 2018, and terminating on June 30, 2019. r 5 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 UI TERRI L. MCDONALD CHIEF PROBATION OFFICER CITY OF ROSEMEAD By Name (Typed or Printed) Title APPROVED AS TO FORM: MARY C. WICKHAM COUNTY COUNSEL DEPUTY Attachment B Probation Case Load Report P a 0 Z O w CL = r, cn o LU a J LU Z C] W Q ? O W U) Z U O H Q m O w IL w 5 N O w 0 Attachment C STAR Unit Overview ��nxav�+c t N P 7n9.4NW'i.. 4fi� STAR UNIT OVERVIEW The Los Angeles County Sheriff's Department's Success Through Awareness & Resistance (STAR) Unit is comprised of a groups of Deputy Sheriffs who provides drug, gang, and violence prevention education to students throughout Los Angeles County. The program is a collaborative effort amongst the Los Angeles County Sheriff's Department, educators, students, parents, and the community. The mission is to provide an educational program, in a classroom setting, which is geared toward preventing the use of "gateway" drugs (alcohol, tobacco and marijuana) as well as reducing violence among the student population. The Deputies assigned to the STAR Unit currently work with 133 schools, in 34 school districts, within 22 cities, and teach over 24,000 students per month. The STAR Program curriculum is taught from researched based, validated programs such as Too Good for Drugs, Too Good for Violence, Gang Resistance Education and Training (GREAT), and Project ALERT. The curricula are proactive, emphasize the healthy development of youth, are results oriented and have been proven by statistical data to change attitudes, improve behavior, and increase social and emotional competence. Each lesson is designed to address topics such as goal setting, decision making, relating to peers, identifying and managing emotions, and communicating effectively. The program's highly interactive teaching methods encourage students to bond with peers, by engaging students through role-playing, cooperative learning games, small group activities, and class discussions. In addition to teaching the STAR course curriculum, the STAR deputies mentor the children by encouraging sound decision making, instilling a sense of personal and social responsibility and impressing the importance of taking pride in contributing to the community as a whole. The deputies also invest their energy outside of the classroom as well, conducting specialized parent education training and participating in school related events. STAR deputies take pride in the relationships that are built with the students, the parents and the school educators and administrators. If you have any questions or would like more information about the STAR Program, please contact us at (562) 347-1218. Attachment D STAR Program Proposal 4 „"'Itfs7JAY tiAAIaNt�, ti�„'.,,.. ��aHnGilrU1"' iMaf The Los Angeles County Sheriff's Department's Success Through Awareness & Resistance (STAR) Program can provide the children in the city of Rosemead with an outstanding program designed to provide students with the knowledge and tools to become healthy and productive members of society. The STAR Program is flexible and can be tailored to fit your budget. The lessons taught are from the nationally recognized and highly regarded Mendez Foundation's "Too Good for Drugs" curriculum, which is comprised of 10 lessons. Topics include goal setting, decision malting, communication skills, controlling emotions, bullying, peer refusal skills, and the effects of alcohol, tobacco, marijuana, inhalants, and other dangerous substances. The benefits of the STAR Program are far reaching. • STAR Program lessons provide necessary life skill lessons to help ensure students have the tools to become productive, healthy members of the community. • STAR deputies spend time with the students on the playground during lunch and recesses. • They avail themselves to school administrators and speak to students individually when one-on-one mentorship is necessary or requested. • STAR deputies take great pride in serving as positive role models to students. • Having a positive law enforcement contact at a young age helps foster better relationships between peace officers and students. STAR deputies provide parent education presentations, field booths at school events, attend school assemblies, and assist with traffic monitoring after school. • There is also a significant advantage of enhanced security, having marked Sheriff's Department patrol vehicle and a fully uniformed deputy on school campuses where the STAR deputies are assigned. The attached cost model of the program is based on the Los Angeles County Auditor -Controller's determination of the 2018/2019 per -lesson cost of $250.06 and estimated number of classrooms at each school per 2017/2018 California Department of Education DataQuest school enrollment statistics. The final cost will be based on the actual number of classes and lessons agreed upon by the city of Rosemead. The per - lesson rate is based on 2.1 hours for every lesson taught. The rate funds the cost of the deputy's classroom preparation and scheduling time, attendance at school events, meetings with school staff, and parent education classes. The cost model also includes the cost of STAR Program supervisory personnel and support staff. The city of Rosemead can determine the grade level and number of lessons to be taught at each school based upon available funds. P Attachment E STAR Cost Estimates CITY OF ROSEMEAD STAR PROGRAM COST ESTIMATES FOR 2018/2019 District Grade Level # of Classes # of =Lessons Total # of Lessons Total Cost Rosemead 4t1 Sm 61h 7th 8th 48 10 1 480 $120,028 48 8 384 $96,023 48 7 336 $84,020 48 6 288 $72,017 48 5 240 $60,012 4th 5th 6th 27 10 270 $67,516 27 8 216 $54,013 27 7 189 $47,261 27 6 162 $40,510 27 5 135 $33,758 7th 8th 21 10 210 $52,512 21 8 168 $42,010 21 7 147 $36,759 21 6 126 $31,508 21 5 105 $26,256 District Grade Level # of Classes # of Lessons Total # of Lessons Total Cost.' Garvey 4th 5th 6th 7th 8th 86 10 860 $215,052 86 8 688 $172,041 86 7 602 $150,536 86 6 516 $129,031 86 5 430 $107,525 4tn 5th 6th 49 10 490 $122,530 49 8 392 $98,000 49 7 343 $85,771 49 6 294 $73,518 49 5 245 $61,265 7th 8th 37 10 370 $92,522 37 8 296 $74,018 37 7 259 $64,766 37 6 222 $55,513 37 5 185 $46,261 Schools included: Rosemead School District: Encinita, Janson, Savannah, and Shuey Elementary Schools, and Muscatel Junior High School Garvey School District: Bitley, Emerson, Rice, Sanchez, and Williard Elementary Schools, and Garvey and Temple Intermediate Schools