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Home My WebLink AboutORANGE, COUNTY OF (20)�- /0 Zf A/ A G R E E M E N T THIS AGREEMENT, made and entered into this day of 1992, is between the COUNTY OF ORANGE, a political subdivision of the State of California, ("County") and the CITY OF SANTA ANA, a municipal corporation of the State of California ( 11 City") WITNESSETH Recitals: A. The City and the County desire to cooperate in the implementation of "Operation Weed and Seed" within a certain part of the City of Santa Ana; and B. The County is willing and able to provide services designed to meet the "Operation Weed and Seed" goals of gang suppression and prevention; and Ca The City has appropriated funds sufficient to pay for services provided by the County, which funds are available to the City pursuant to a grant from the federal government for "Operation Weed and Seed,"" a copy of which is attached hereto as Exhibit A and incorporated herein by reference. NOW, THEREFORE, in condideration of their mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties hereto do hereby agree as 1. County Services. County agrees to provide the services of a Deputy District Attorney and a Deputy Probation Officer, each 0 of whom will be professionally qualified and experienced for the rendering of such services. 2. Compensation. The City shall pay County for services rendered hereunder in a sum not to exceed $146,161 for the period of April 1, 1992 through December 31, 1992, payable on a cost - reimbursement basis upon submission of monthly claims, in accordance with the county's Auditor --Controller's policies and procedures and in accordance with the terms and conditions of the federal grant for "Operation Weed and Seed" in the City of Santa Ana. 3. Financial Accountability, Costs _and _Payment. County agrees to provide fiscal procedures adequate to assure accounting, for the billing of costs to the City. All claim reimbursements will be supported by, source documents retained by the County, including but not limited to, time sheets, invoices, canceled checks, receipts and receiving records. A. All items of cost, actually incurred, which are provided for in the appended budget, attached herto as Exhibit B and incorporated herein by this reference ast though fully set forth, shall be allowable for payment. Any program or administrative costs that cannot be Charged directly to the "Operation Weed and Seed" program must be apportioned on a Cost Allocation Plan approved by the County Auditor -Controller. B. The maximum amount allowable for each of the major cost categories consisting of the totals for salaries, employee benefits, and operating expenses may be adjusted, provided that the ig total compensation provided for herein is not increased. County shall be reimbursed monthly in arrears for the actual costs incurred upon the submission of detailed invoices to the City. The monthly invoices shall be submitted in such form and detail as may be required by the City. City shall reimburse costs within thirty days of receipt of invoice. The City shall not be liable for any claims submitted beyond sixty days following the termination of the contract. 4. Administration ofProgram. "Operation Weed and Seed" will be administered by an Executive Steering Committee, chaired by the U.S. Attorney for the Central District of California. Members ❑f the committee include the Chief of Police for the City of Santa Ana, the Orange County District Attorney and the Chief Probation Officer of orange County, as well as representatives of various federal, county and city agencies. The Executive Steering Committee is supported by two Working Groups which represent organizations involved in "Operation Weed and Seed" efforts. The Executive Steering Committed shall have full authority, to the extent permitted by law, to act for the parties in the implementation, operation, supervision and administration of "Operation Weed and Seed." The Executive Steering Committee shall have the authority to interpret the provisions of this Agreement. The Executive Steering Committee is authorized to adopt and revise from time to time policy guidelines and operational procedures appropriate for the implementation and operation of the program, and for the guidance of staff, consistent with applicable law, 3 rule, regulation, and the grant guidelines. 5. Status. County and City are and at all times shall each be deemed to be an independent contractor and shall each be wholly responsible for the manner in which it performs the services required of it by the terms of this Agreement. Nothing herein shall be construed as creating the relationship of employees as they relate to the services to be provided under the terms of this Agreement. The County, its agents and employees, shall not be entitled to any rights and privileges of City employees, nor shall City employees be entitled to any rights or privileges of County employees. C. Applicable Law. County and City mutually agree to adhere to all of the applicable laws of the United States, State of California, and the rules and regulations promulgated thereunder, including but not restricted to, all Laws governing nondiscrimination, confidentiality,, privacy, and the release of information. 7. Indemnification. County shall indemnify, hold harmless, and defend the City, its officers, agents,and employees from any and all claims, demands, loss, liability, injury, death, causes of action or judgments arising out of or as a result of this Agreement caused by the actions or failure to act of its officers, agents, or employees. City shall indemnify, hold harmless, and defend the County, its officers, agents, and employees from any and all claims, demands, loss, liability, injury, death, causes of action or judgments arising out of or as a result of this Agreement 4 caused by the actions or failure to act of the City, its officers, agents, or employees. 8. Alteration or Amendment. This Agreement constitutes the entire agreement between the parties hereto and may be modified, altered, or amended only by written agreement of the parties. 9. Auditing and Financial Records. City shall have access to the books, documents, and records of the County pertinent to the Agreement for auditing purposes, and County shall have access to the books, documents, and records of the City for purposes of audit and evaluation. Each of the parties shall maintain and preserve all books, financial statements, journals, ledgers, and other pertinent documents for a period of seven years from the termination of the Agreement or for any period required thereafter by statute. 10. Term. This Agreement shall be effective for nine months, commencing on April 1, 1992 and terminating on December 31, 1992 and will be subject to renewal for an additional nine months beginning January 1, 1993 if grant funding permits. County shall have sixty days following the end of the contract period for the submission of claims for reimbursement. 11. Notices. Notices. and payments to the County of Orange shall be addressed as follows; Chief Probation Officer, County of Orange 909 North Main Street Santa Ana, CA 92701 Notices shall be sent to the District Attorney, addressed as 5 follows: District Attorney, County of orange 700 Civic Center Drive West P.O. Box 808 Santa Ana, CA 92702 Notices shall be sent to the City of Santa Ana, addressed as follows: Chief of the Santa Ana Police Department P.O. Box 1981 Santa Ana, CA 92702 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: CITY OF SANTA ANA ,Yafii,e C. Guy Clerk of the Council F.All a a Z1411PA21 M ffiy-*� �'0] a a Edward j� Q-04 City Attorney Terry C. Andrus County Counsel by 0 b City Manager by Mf,chael Capizzi Distri ,ct Attorney - M Midi el A. Schmacher Chief Probation Officer SANTA ANA POLICE POLICE DEPARTMENT -" OPERATION WEED AND SEED ORGANIZATIONAL CHART EXECUTIVE STEERING COMMITTEE 1 PROGRAM DIRECTOR 1 PROGRAM MANAGER ! WEED WORKING GROUP I TASK FORCE SUPERVISOR Admin. Assistant Fiscal Administrator Evaluation Supervisor Outside Agencies I SEED WORKING GROUP I U.S. Attorney Santa Ana Polio Orange County Probation Orange County District Attorney Alcohol, Tobacco and Firearms Drug Enforcement Administration Federal Bureau of Investigation Planning and Building Agency U.S, Attorney S.A. Community Development Agency Planning and Building Agency D.A.R.E. G,O.P. U,S.DO,J. • ERS victimmitness Public Works Agency U.S. H-U.D. Community-Sased Organizations Neighborhood Associations Local Schools t, s PHASE 1 SOURCE & REQUEST rjL,TV,r.QRV EOUSA 3APD TASK FORCE Sr, Sergeant task force Supervision (I salary Benefits sr. Officers task force (5 0 100% ) salary Benefits Sr. Office Asst. task force support (Part time) salary Program overtime Equipment for SAPO Aut.omobi los (3 Lease) PAC Sets (6) ORANGE COUNTY PRORATION Probation Officers (1) Salaries Benefits DISTRICT A;TTOTMEY Sr. Deputy D A salary 'benefits VICTIM WITNESS ASSISTANCE PROGRAM Salary Benefits 3"TA ANA BUILDING & SAFETY Community Preservation serviced(code enforcement) Salary Benefits 584410 17, 640 189,878 64,309 4,628 76,133 14,502 SJA 5,400 27,973 24,300 2,973 43,596 8,930 19,428 10,OD9 37,709 7,182 TOTALS 425,SOO N87,5O0 PHASE 2 SOURCE A BEST CATWORY SAPD 'BASK FORCE Sr. Sergeant task Farce supervision (1 salary Benefits Sr, officers task force @ 100%) Salary Benefits Sr, office Asst. task tome support (Part time) Salary program Overtime ORANGE coUNTY PROBATION probation Officers (1) salaries Benefits DISTRICT ATTMNEY Br, Deputy D A Salary Benefits `1.'OT EOUSA 58,410 17,640 189,878 64,309 8,602 7,000 43,5915 8,930 76,133 14,502 487,000 BJA