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A-2003-273
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AGREEMENT
BETWEEN
THE COUNTY OF ORANGE
AND
THE CITY OF SANTA ANA
FOR THE PROVISION OF
GANG VIOLENCE SUPPRESSION OVERTIME SERVICES
THIS AGREEMENT, entered into this 80- dayof.:r iA-Ub, 2004, which date is
enumerated for purposes of reference only, is by and between the COUNTY OF ORANGE, a
political subdivision of the State of California, hereinafter referred to as "COUNTY," and the
CITY OF SANTA ANA, hereinafter referred to as "CITY." This Agreement shall be
administered by the County of Orange Chief Probation Officer, hereinafter referred to as
"ADMINISTRATOR,"
WITNESSETH:
WHEREAS, as part of a multi-agency law enforcement task force known as "The Weed
& Seed/Directed Team (Site VII)", COUNTY employs a Deputy Probation Officer, hereinafter
designated as "DPO", to provide gang violence suppression (GVS) services, on a part time
basis, for a target population consisting of adults and minors on probation, residing within
CITY'S Weed & Seed Site IIII geographical limits;
WHEREAS, CITY desires to contract with COUNTY for the provIsIOn of GVS
overtime services; and
WHEREAS, COUNTY is willing and capable of providing such services through the
employment of its assigned DPO.
NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
13.0
14.0
15.0
16.0
17.0
18.0
19.0
20.0
21.0
22.0
23.0
TABLE OF CONTENTS
Term.....,...,...,.,.....,......."...,.,.........................................
Description of COUNTY Services and Staffing. . . . . . . . . . . .. . . . . . . . . . . .
Responsibilities of CITY .....................................................
Compensation.............................................................. ...
Financial Accountability..... ........... ................................. ....
Program Supervision .... ........ ,. ,.,.. ..,. ..... ......... ...... ..... .........
Disputes ....... ............ ......,.. ...... ....... ......... .......................
Status of County .... .......... ............... ............ ...... ...... .........
Affirmative Action ................ ......... ....... ................. ....... .....
Nondiscrimination.. ...... ........... ... .... ..... ......... .... ...... ...... .....
Other Sources of Income ............................. ......,...............
Right to Audit,....... ...... .................. ......... ..... .......... ...........
Retention of Financial Records. ............. ........... ....... ............
Internal Controls...............................................................
Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . , . . . , 9
License to Use City Real and Personal Property....................,..
Permission to Use City Vehicles.... ......... .................. .............
Mutual Indemnification.. ......... ..... .... .................. ...... ...... ......
Distribution of Forfeited and Seized Assets.. .. .. .. .. .. .. .. . .. .... .. ....
Termination....... ................................. ......... '''''''''''''''' ..... 11
Notices..........,................................................................. 12
Third Party Rights....................... .................. .....................
Alteration of Terms / Entire Agreement.......................... ...... ..
Signatures.....,.,......................................................... ...
Exhibit 1 - Agreement for Indemnification in the Operation of City
Vehicles
Page 2 of 13
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1.0
2,0
.
.
TERM
Term of this Agreement shall be one year, commencing January 1, 2004 through
December 31, 2004 unless otherwise terminated pursuant to Section 20.0 of this
Agreement; provided, however, COUNTY shall be obligated to perform such duties as
would normally extend beyond that term, including but not limited to, obligations with
respect to confidentiality, indemnification, audits, reporting and accounting.
DESCRIPTION OF COUNTY SERVICES AND STAFFING
2.1
COUNTY shall assign a DPO to provide GVS services to CITY on a part-time
basis as defined below and in conjunction with GVS work performed by police
officers of CITY.
2.1.1
The DPO shall be a full-time employee of COUNTY in a regular or
limited-term position, whose normally assigned work hours equal those
of a full period.
2.1.1.1
A regular
permanent
schedule.
position shall mean a position established on a
year-round basis requiring work on a regular
2.1.1.2
A limited-term position shall mean
COUNTY'S determination, has no
funding or has uncertain future funding,
a position, which, in
anticipated long-range
2.1.1.3 The work period shall be eighty (80) hours, beginning on a
Friday, and ending on the second Thursday thereafter.
2,2
In addition to providing GVS services on a full-time basis, the DPO will, as
required by CITY, and for compensation, provide GVS overtime services. GVS
overtime services shall be defined to mean the following:
2.2,1
Work requested by CITY and performed by the DPO in excess of eighty
(80) hours of paid time in a work period.
2.3
CITY shall compensate COUNTY for GVS overtime services provided by the
DPO pursuant to Section 4.0 of this Agreement.
2.4
GVS overtime services to be provided by the DPO shall include, but not be
limited to:
2.4.1
Supervision of a targct population of adults and minors who have been
placed on probation by the courts for gang-related activities, and whose
primary residence is within CITY'S Weed & Seed Site VII geographical
boundaries;
Page 3 of 13
3.0
2.5
2.6
2.7
2.4.2 Enforcement of court orders for said target population, including searches
and seizures, in accordance with search and seizure laws as interpreted by
the courts;
2.4.3 Patrolling areas where gang members are known to congregate;
2.4.4 Development of intelligence and documentation of information gathered
trom patrol operations;
2.4.5 Identification of gang members and associates, and indicators of at-risk
behavior;
2.4.6 Making arrests for violations of probation;
2.4.7 Assistance in increasing gang awareness in schools and preventing at-risk
youths trom becoming gang members; and
2.4.8 Referrals of probationers and their families to counseling agencies in the
community.
COUNTY shall assign a DPO who has demonstrated experience and knowledge
of the roles and responsibilities of COUNTY'S Probation Department in the
delivery of GVS services, in cooperation with law enforcement agencies,
schools, and community-based organizations.
In the event the assigned DPO is unavailable during times requested by CITY,
COUNTY shall provide a substitute DPO of comparable experience and training.
If, at the time CITY requests GVS overtime services, COUNTY'S overall
staffing needs and circumstances are such that a substitute is unavailable,
COUNTY shall, subject to CITY'S approval, provide the overtime services of a
Supervising Probation Officer (SPO) trom the GVS Unit of COUNTY'S
Probation Department.
ADMINISTRATOR shall have final authority and responsibility for decisions
affecting COUNTY'S provision of GVS services, including the DPO
assignments or substitutions, and any other matters designated by
ADMINISTRATOR, both verbally and in writing.
RESPONSIBILITIES OF CITY
CITY shall:
3.1
3.2
Explain the scope of duties required and expected trom the DPO, in order to
accomplish CITY'S Weed & Seed GVS goals and objectives.
Provide transportation, office space, supplies and equipment necessary or
incidental to the DPO'S performance of the scheduled or expected work.
Page 4 of 13
3.3
3.4
Coordinate the scheduling of GVS overtime services directly with the DPO, or in
the absence of the DPO, with the SPO trom the GVS Unit of COUNTY'S
Probation Department.
3.3.1 Reauest and Notification of Overtime Need: If, in the judgment of CITY,
work beyond the DPO'S normal work period is required, CITY will notify
the assigned DPO of the need for such overtime, as soon as practicable
prior to commencement of the overtime service. If the assigned DPO is
unavailable, CITY may, pursuant to Section 2.6 of this Agreement, arrange
for a substitute DPO; or if a substitute DPO is unavailable, for an SPO
trom the GVS Unit of COUNTY'S Probation Department.
Compensate COUNTY for GVS overtime services pursuant to Section 4.0 of this
Agreement.
4.0
COMPENSATION
4.1
4.2
CITY shall pay COUNTY for the cost of GVS overtime services rendered by the
assigned DPO or, as applicable, rendered by the substitute DPO or by the SPO
trom the GVS Unit of COUNTY'S Probation Department, pursuant to Sections
2.6 and 3.3.1 of this Agreement.
Payment for GVS Overtime Services Rendered: Upon submission of monthly
invoices, and in accordance with the payment procedures detailed in Section 5.0
of this Agreement, CITY shall pay COUNTY for GVS overtime services
rendered by the assigned DPO, Substitute DPO or SPO as follows:
4.2.1 At one and one-half (1-1/2) times the assigned DPO'S, substitute DPO'S
or SPO'S then current hourly rate, as applicable, multiplied by the number
of hours of service provided during the billing period.
4.2.2 The parties acknowledge that COUNTY'S Board of Supervisors approves
general salary increases and performance incentives, in accordance with
the terms of agreement reached between COUNTY and the Orange County
Employees Association (OCEA), and set forth in the Probation Services
Unit Memorandum of Understanding and the Supervisory Management
Unit Memorandum of Understanding. As used in this Agreement, OCEA
is the exclusively recognized employee organization for the Probation
Services Unit, which includes the DPO and substitute DPO position
classifications. OCEA is also the exclusively recognized employee
organization for the Supervisory Management Unit, which includes the
SPO position classification.
4.2.3 COUNTY shall notify CITY within thirty (30) days, after a salary
adjustment for the DPO, substitute DPO or SPO position classification
becomes effective in accordance with the terms of the Probation Services
Unit Memorandum of Understanding or the Supervisory Management
Unit Memorandum of Understanding, as applicable.
Page 5 of 13
4.3
CITY shall notify COUNTY of an annual maximum amount, if any, authorized
by CITY'S governing body for GVS overtime services provided under this
Agreement.
5.0
FINANCIAL ACCOUNTABILITY
5.1
5.2
5.3
COUNTY agrees to provide fiscal procedures adequate to assure accounting for
the billing costs to CITY under this Agreement, in accordance with COUNTY'S
general accounting policies and procedures of COUNTY'S Auditor-Controller.
All claimed reimbursements will be supported with source documents retained
by COUNTY.
5.1.1
COUNTY shall be reimbursed monthly in arrears for actual costs
incurred, upon submission of invoices to CITY. The monthly invoices
shall be submitted in such form and detail as required by COUNTY'S
Auditor-Controller, and be accompanied by an affidavit signed by
COUNTY certifying the appropriateness of the amounts billed.
CITY shall pay COUNTY within thirty (30) days, following receipt of proper
invoice, subject to CITY accounting procedures. Late charges will be assessed to
CITY in the following situations:
5.2.1 Over-the-counter payments will be assessed a late charge if any payment
is not received by COUNTY within thirty (30) days of the date of the
invoice for which payment is being rendered.
5.2.2 Payments transmitted to COUNTY via U.S. Mail, and which have
CITY'S postage meter mark, will be assessed a late charge if any
payment is not received within thirty one (31) days of the date of the
invoice for which the payment is being rendered.
5.2.3 Payments transmitted to COUNTY via the U.S. Mail, and which have a
U.S. Post Office postmark dated thirty (30) days after the date of the
invoice, will be assessed a late charge.
The late charge assessed in each of the above situations shall be three-quarters of
one percent (0.75%) of the payment due and unpaid, plus One Hundred Dollars
($100.00) for late payments made within thirty (30) days after the payments are
due. An additional charge of three-quarters of one percent (0.75%) of said
payment shall be added for each additional thirty (30) -day period that the
invoice remains unpaid. Late charges shall be added to the payment due and
invoiced to CITY in accordance with Section 5.2 herein. Any invoices and
applicable late charges remaining unpaid within ninety (90) days of the invoice
date may result in deductions, by COUNTY'S Auditor-Controller, trom money
held on deposit with COUNTY'S Treasurer for CITY, in accordance with
Government Code Section 907 and any other applicable provision oflaw.
Page 6 of 13
6.0
7.0
8.0
9.0
5.4
Early payments received by COUNTY trom CITY shall entitle CITY to a
discount of one-quarter of one percent (0.25%), if payment is received by
COUNTY within eleven (11) days of the date of the invoice. CITY may take
credit for the discount in the current payment. However, if a discount is taken
inappropriately, COUNTY shall notify CITY immediately that the discount
should not have been taken and that the balance is due within thirty (30) days of
the invoice date.
5.5
COUNTY shall have sixty (60) days from the end of the term of the Agreement
to liquidate all program obligations incurred during said term. COUNTY shall
then submit the final invoice within sixty (60) days of the end of the term of the
Agreement. CITY shall not be liable for any invoices submitted beyond sixty
(60) days of the end of the term of the Agreement.
PROGRAM SUPERVISION
ADMINISTRATOR shall appoint a GVS Unit SPO to oversee the daily operation and
administration of this Agreement pursuant to the terms and conditions contained herein.
DISPUTES
7.1
If COUNTY and CITY fail to agree as to whether or not any work is within the
scope of the requirements of this Agreement, CITY shall, within fifteen (15)
working days, provide COUNTY with a written protest specifying in detail the
manner in which the requirements of this Agreement were not fulfilled, and the
proposed remedy.
7.2
ADMINISTRATOR agrees to furnish a written decision on the dispute within
thirty (30) COUNTY working days after receipt of such protest.
STATUS OF COUNTY
COUNTY is, and at all times shall be deemed to be, an independent contractor, and shall
be wholly responsible for the manner in which it performs the services required of it by
the terms of this Agreement. Nothing herein contained shall be construed as creating the
relationship of employer and employee, or principal and agent, between COUNTY and
CITY. COUNTY assumes exclusively the responsibility for the acts of its employees as
they relate to the services to be provided during the course and scope of their
employment. COUNTY, its agents, and employees shall not be entitled to any rights and
privileges of CITY employees and shall not be considered in any manner to be CITY
employees.
AFFIRMATIVE ACTION
COUNTY shall maintain an Affirmative Action Program Plan including the setting of
goals and timetables for minority employment which meet the requirements of the
Federal Equal Employment Opportunity Commission and the State of California Fair
Employment Practice Commission. No person shall, on the grounds of race, color,
Page 7 of 13
10.0
11.0
12.0
13.0
national origin or sex, be excluded ITom participation in, or be denied the benefits or, or
be subject to discrimination under any program or activity funded in whole or part with
funds made available under this Agreement. Any prohibition against discrimination on
the basis of age under the Age Discrimination Act of 1975, or with respect to any
otherwise qualified disabled individuals as provided in Section 504 of the Rehabilitation
Act of 1973 and the Americans with Disabilities Act of 1990, shall also apply to any
such program or activity. Any prohibition against discrimination on the basis of religion
or any exemption ITom such prohibition as provided in the Civil Rights Act of 1964 or
Title VIII of the Civil Rights Act of 1986, shall all apply to any such program or activity.
In the performance of this Agreement, COUNTY shall not discriminate against any
employee or applicant for employment on the basis of race, sex, color, religious ancestry,
national origin, age or physical or mental condition. This prohibition shall pertain to
employment, upgrading, demotion, transfer, recruitment, advertising, layoff or
termination, rate of pay and other forms of compensation; selection for training,
including apprenticeship; and any other action or inaction pertaining to employment
matters. COUNTY will permit access by CITY, State and Federal agencies to its records
of employment, application forms and other pertinent data and records for the purpose of
investigation to ascertain compliance with this section of the Agreement.
NONDISCRIMINATION
COUNTY shall not employ discriminatory practices in admission of clients,
employment of personnel, or in any other respect on the basis of race, color, religion,
national origin, ancestry, sex, age, or physical or mental condition.
OTHER SOURCES OF INCOME
COUNTY shall not bill CITY for any service, cost or expense for which COUNTY has
been reimbursed by revenue, income or grants ITom any other source, if those revenue,
income, or grants are expressly earmarked by the source for services provided under this
Agreement, or for similar services for the benefit of CITY'S area.
RIGHT TO AUDIT
CITY shall have access to any books, documents, papers and records of COUNTY,
which CITY determines to be pertinent specifically to this Agreement, for the purpose of
making an audit, evaluation, excerpts and transcripts.
RETENTION OF FINANCIAL RECORDS
13.1
COUNTY shall maintain and preserve all books, financial statements, journals,
ledgers, source documents and other financial records for a period of seven (7)
years ftom the termination of this Agreement and for such longer period as may
be required by any applicable statute. All financial records shall be kept or made
available to CITY at COUNTY'S principal place of business. Exceptions to the
above provisions of this section must have prior written approval of
ADMINISTRATOR.
Page 8 of 13
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14.0
15.0
13.2
Records which relate to: a) litigation of the settlement of claims rising out of the
performance of this Agreement, or b) costs and expenses of this Agreement to
which CITY takes exception, shall be retained by COUNTY until disposition of
such appeals, litigation, claims, or exceptions.
INTERNAL CONTROLS
COUNTY shall maintain necessary written procedures establishing internal controls
approved by COUNTY'S Auditor-Controller for its personnel, instruct all of its
personnel in said procedures, and continuously supervise its operations to ensure
compliance.
CONFIDENTIALITY
15.1
CITY agrees to maintain the confidentiality of all juvenile record information
pertaining to all minors under the jurisdiction of the Juvenile Court, or the
Juvenile Court law of the State of California when such records come into the
possession of, or are generated by CITY.
15.2
CITY, CITY'S staff, and all agents and employees of CITY shall maintain the
confidentiality of such records in accordance with Orange County Juvenile
Court's policy titled "Confidentiality and Release of Information" dated January
28, 1997, or as it may be amended, and adopted in accordance with California
Welfare and Institutions Code Section 827, and all applicable statutes, court
orders and case law. No access, disclosure or release of such information shall
be permitted except as authorized. If authorization is in doubt, no such
information shall be released without the prior approval and consent of the Judge
of the Juvenile Court.
15.3 "Juvenile record information" is understood to include all records and data,
which identifY the subject of the information, and associate the subject with any
aspect of the administration of the Juvenile Court law of the State of California.
Such information includes, but is not limited to, the subject's offense history,
social history, all information of a diagnostic or evaluative nature, and any other
personal or confidential data which can be traced to the individual, whether
generated by CITY or not.
15.4 CITY agrees to maintain the confidentiality of all records and information
pertaining to adult probationers or parolees. CITY, CITY'S staff, and all agents
and employees of CITY shall maintain the confidentiality of all such records,
access to which may be limited by Title 42 of the Code of Federal Regulations,
California Welfare and Institutions Code Section 5328 et seq., Title 28, Parts 20
and 22 of the Code of Federal Regulations, California Penal Code Sections
1203.05, 1203.10, 11075-11081, 11105, 11140-44, 13200-13202 and 13300-
13305, or any other statute, court order or case law. No access, disclosure, or
release of such information shall be permitted except as authorized by statute,
court order or other lawful process.
Page 9 of 13
15.5 "Adult client infonnation" shall be understood to include all records and data,
which identify the subject of the infonnation with the criminal justice system
within the State of California. Such information includes, but is not limited to,
the subject's offense history, social history, all information of a diagnostic or
evaluative nature, and any other personal or confidential data which can be traced
to the individual, whether generated by CITY or not. It shall be understood by
CITY, CITY'S staff and all agents and employees of CITY, that unauthorized
release of certain information, as specified by statute, may render CITY or
CITY'S staff, or any of the employees or agents of CITY, liable for criminal
and/or civil penalties.
15.6
All written materials pertaining to adult and juvenile clients shall be placed in a
secure and locked file when not in use, and access to such materials shall be
limited to specified authorized staff.
16.0
LICENSE TO USE CITY REAL AND PERSONAL PROPERTY
In consideration of the promises contained herein, CITY hereby grants to COUNTY
rent-tree use of office space, furniture, and equipment located in the offices of CITY
Police Department. Said office space, furniture and equipment shall be used by the
DPO, substitute DPO or SPO if applicable, while performing their assigned duties
related to this Agreement, and shall be adequate for the performance of said duties. The
precise location, size and type of said office space, furniture and equipment, will be
detennined by CITY Police Chief CITY shall supply all repair maintenance and
janitorial supplies and services to said premises, and shall be responsible for all charges
for utilities supplied to said premises.
17.0
PERMISSION TO USE CITY VEmCLES
In consideration of the promises contained herein, CITY hereby grants to COUNTY
permission for the DPO, and for the substitute DPO or SPO if applicable, to operate and
to ride as passengers in vehicles owned or leased by CITY, while performing their
assigned duties related to this Agreement, in accordance with the Agreement for
Indemnification in the Operation of City Vehicles between the County of Orange and the
City of Santa Ana dated February 9, 1999, a copy of which is hereto attached as Exhibit
I and incorporated herein by reference. CITY shall supply all repair and maintenance
services for said vehicles, and shall pay all fuel costs for said vehicles.
18.0
MUTUAL INDEMNIFICATION
CITY agrees to indemnify and hold COUNTY, its elected and appointed officials,
officers, employees, agents and those special districts and agencies which COUNTY'S
Board of Supervisors acts as the governing Board ("COUNTY INDEMNITEES")
harmless trom any claims, demands or liability of any kind or nature, including but not
limited to personal injury or property damage, arising trom or related to the services,
products or other performance provided by CITY pursuant to this Agreement. If
judgment is entered against CITY and COUNTY by a court of competent jurisdiction
because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES,
Page 10 of 13
19.0
20.0
CITY and COUNTY agree that liability will be apportioned as determined by the court.
Neither party shall request a jury apportionment.
COUNTY agrees to indemnify and hold CITY, its elected and appointed officials,
officers, employees, agents and those special districts and agencies which CITY'S
COUNCIL acts as the governing COUNCIL ("CITY INDEMNITEES") harmless fÌ'om
any claims, demands or liability of any kind or nature, including but not limited to
personal injury or property damage, arising from or related to the services, products or
other performance provided by COUNTY pursuant to this Agreement. If judgment is
entered against COUNTY and CITY by a court of competent jurisdiction because of the
concurrent active negligence of CITY or CITY INDEMNITEES, COUNTY and CITY
agree that liability will be apportioned as determined by the court. Neither party shall
request a jury apportionment.
DISTRIBUTION OF FORFEITED AND SEIZED ASSETS
The parties agree to follow the guidelines of Sections 11469-11495 of the California
Health and Safety Code regarding the distribution of forfeited and seized assets
fÌ'om drug enforcement activities, as they may apply to the services provided under
this Agreement. The parties may, if needed, seek instructions or clarification ITom a
countywide panel of law enforcement officers who may be appointed or implement
specified forfeiture guidelines.
TERMINATION
20.1 Either party may terminate this Agreement, with or without cause, upon thirty
(30) days' written notice given to the other party.
20.2 The obligations pertaining to indemnification for, or defense of, causes of
action accruing during the term of this Agreement, shall extend beyond the
termination of this Agreement until fully performed.
-
20.3 Contingent Funding: CITY acknowledges that funding or portions of funding for
this Agreement may be contingent upon state budget approval; receipt of funds
from, and/or obligation of funds by, the State of California to COUNTY, and
inclusion of sufficient funding for the services hereunder in the budget approved
by County's Board of Supervisors for each fiscal year covered by this Agreement.
If such approval, funding or appropriations are not forthcoming, or are otherwise
limited, COUNTY may immediately terminate or modify this contract without
penalty.
Page 11 of 13
21.0
22.0
23.0
II
II
II
II
II
II
II
NOTICES
Notices and payments of COUNTY shall be sent to the Orange County Probation
Department addressed as follows:
Chief Probation Officer
County of Orange
P.O. Box 10260
Santa Ana, CA 92711
Notices shall be sent to CITY addressed as follows:
Chief of Police
City of Santa Ana
60 Civic Center Drive
P.O. Box 1988
Santa Ana, CA 92701
Attn: Lieutenant In-Charge (Site I)
Or Lieutenant In-Charge (Site II)
THIRD PARTY RIGHTS
The parties intend not to create rights in, or to grant remedies to, any third party as
beneficiary of this Agreement or of any duty, covenant, obligation or undertaking
established herein.
ALTERATION OF TERMS I ENTIRE AGREEMENT
This Agreement fully expresses the understanding of COUNTY and CITY with
respect to the subject matter of this Agreement, and shall constitute the total
agreement between the parties for these purposes. No additions to, or alteration of,
the terms of this Agreement, whether written or verbal, shall be valid unless made
in writing and formally approved and executed by both parties.
Page 12 of 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized officers.
JOHN P REEKSTIN
Execu ve Director
Conm1.IDity Developœnt
DATED:
ATT~
PATRICIAE.
City Clerk
APPROVED AS TO FORM:
DATED:
Joseph W. Fletcher
City Attorney
By:
tjj)c,¡hy
APPROVED AS TO CONTENT
"-
~ ~1;~ \~._..
PAUL M. WALTERS, Police Chief
DATED: 'f'{7Jt> I
DATED:
COUNTY OF ORANGE
By~~;£/f<~
Chief Probation Officer
Dated:
0-/4-01
APPROVED AS TO FORM:
COUNTY COUNSEL
:~:i2~¥~
y~ DEPUTY
Dated: o/;Z~,0¥
Page 13 of 13
.' .
EXHIBIT 1
AGREEMENT
FOR
INDEMNIFICATION
IN THE OPERATION OF CITY VEHICLES
BETWEEN
THE COUNTY OF ORANGE
AND
THE CITY OF SANTA ANA
. .
Q5~01-03 13:08
FrDrCLERK r" :0£ BOARD
714834«3(-
T-Q84 P.QZI08 F-18Z
I . . .'
I . .. .' ð II I ,'"
¡ ¡f/r9t~"Y
."
ORiGINAL
CL£RK OF THE BOARD
oRANGE COUNTY
AGREEMeNT
FOR
INDEMNIFICATION IN THE OPERATION OF CITY VEHICLES
BETWEEN THE COUNTY OF ORANGE
AND
THE CITY OF SANTA ANA
,
THIS AGREEMENT, entered into this JS day of ~ . 19~'
which date i8 enumerated for PUrpoHS of reference only, is by and~UNTY
OF ORANGE. a political aubdMtion of the State of Cllifomla. hereinaft8r ,.rred to as
"COUNTY- and tne CITY of SANTA ANA, a municipal corporation organlz8d unj:ter tne laWl
of the State of California, hereinafter referred to .CITY", COUNTY and cnrv shall be
collectively referred to 81 the Partie.,
WITNESSETH:
WHEREAS, COUNTY. in cooperation with various cities withIn orang1county, ..
well as other stat8 and federal agencies. h.. Joined varlou8 task forces and law nforcemenl
team efforts In oreler to mo~ etrectively deal with adult and juvenile gang and atreet
terrorists: and '
WHEREAS. . crucial.lement in the. joint end..vOl"6 Is the melding .f relOU/'C88
from the various agenct..; and. .
WHEREAS, the COUNTY agrees to provide probltlon otncers as Ita resource
contribution; 8Ind :
WHEREAS. the CITY agree. to permil COUNTY probation officers asalghed to these
task forcea and law enforcement team.. to operate CITY vehidn In the performilnœ of their
assignment.. '
NOW. THEREFORE, in consJcferatlon of mutual promille.. covenanta. ared çonditlons
hereinafter set forth. the Pertl- ."r.. as follow.: ;
1.0 Qe:fINITlONS. As used In this Agreement. In8 following terms, unless
otherwise qualified. snail mean:
1
,
. 05-111-01 11:08
FrarCLERK (("I BOARD
71481~3((
T-084 P,Ol108 F-IIZ
A. .CITY" shall mean the City of SANTA ANA, Ita offtoers, employees,
agents and representatives.
B. .COUNTY" sha. mean the County or OnInge, ita oftlcers. employees,
agents and representatives.
C. .CITY VEHICLE" shall mean 8 motor vehicle, as defined In California
V.hlcle Code &Ictlon 415, either owned by CITY. or 1.lled or rented by It from 8 third party.
C. "HOME GARAGED" shall mean the housing of 8 CITY vehicle at .
COUNTY employ..'s home.
2.0
INDEMNIFICA TIQti
A. COUNTY ahalllndemnlfy, defend and hold CITY harmless from and
against any and aU actions, claims, costs (Including court costs and attorney'. fees).
damageaand U.Þi1Ity, of whatever nature, Including but not limited to personal InJury, bodily
Injury, dead'! and/or property dal11ilge, caused by the negligent, intantlonal or wrongful act
or omission of a COUNTY employee 8,,(good to the task force or law enforcement team.
while driving or operating In any manner a CITY vehicle on task force or law enforcement
team business. This pravi8ion Is not Intended nor shall it be construed to require COUNTY
to indemnify CITY tot any CITY liability independent of that of COUNTY, nar to cau..
COUNTY to be subject to liability to any third party (either directly, or .. an Indemnitor of
CITY) In any case where COUNTY liability would not otherwise exist.
B. CIiY shell indemnify, defend and hold COUNTYharml... from 8f1d against
any and all actions, oS.lIm, COIII8 (Including court costa and attomey'. feea), d8magea and
liability. of whatever nature, including Þut not limited to personlllnjury, bodily Injury, death
and/or property âmage, caused by the negligent, intentional or wrongfulllct or omisalon of
a CITY amployee assigned to taek forces or law enforcement team efforts, while driving or
operating In any manner a CITY vehicle on talk torce or I.w enforcement team bulin....
This provision Is nat Intended nor shall It be construed to require CITY to Inctemn!fy
COUNTY for any COUNTY liability Independent of that of CITY, nor to cause CITY to be
subject to liability to any third party (eltner directly, or a. an Indemnitor of COUNTY) In any
case where CITY liability would not otherwise exist.
3.0 VEHIC~ CODE S~CTION 17001, For the purposes of California Vehicle
Code Section 17001, which provides:
"A public entity Is liable for death or injury to person or property
proximately C8uaecl by a negligent Of wrongful act or omission
In the operation of any motðr vehicle by an employe. of the
public entity acting within the scope of his employment,"
CITY and COUNTY agree that a COUNTY employee a8$lgned to a task force or other law
enforcament team driving 0' operating a CITY VEHICLE on task force or other law
2
"
, . ,
, - OS-Oi-03 13:01
Fr08-C~' 'HE BOARD
114834.-.
T-OS4 P.04/0B F-IS2
enforcement team bUllneas, shall be deemed a COUNTY employ.e acting within the course
and sc;ope of his or her employment with the COUNTY.
4.0 PRë-CONDITIONS At a pre-condition to being authoñzed or permitted to
drive or operate. CITY VEHICLE. the CITY will review the driving records of all COUNTY
employees aaalgned to thl. specific task force Df other law enforcement team for a history
of accidents and citations. In order to be approved to opef1lte a CITY vehicle on task force
or law enforcement tè.m business. COUNTY employees assigned to the tIIsk forces and law
enforcement teams must meet the same qualifications a. required of CITY employees. If
approved, COUNTY employees assIgned to this specific task force or law enforcement team
will be authorized to operate CITY VEHICLES when appropñate to their assignments.
5.0 HOME GARAGE PROHIBITION, No CITY VEHICLE will be "home garaged"
by 8 COUNTY employee or housed by . COUNTY employee at an .rea or location other
than a erN approved facility.
6.0 UNAU:rHORIZED USE, No COUNTY employee al.igned to the /ask force or
law enforcement team shall pennit, allow or authorize any Individual, other than a CITY
employee or another authori2:ed COUNTY employee assigned to this apeoific task force or
law enforcement team, to drive or operate a CITY VEHICLE. If such occurs, and such
unauthorized Individual incurs third party liability In any manner related to such IndIvidual',
driving or operation of a CITY VEHICLE, the prov\$/ons of the first sentence of Section 2.0,
Paragraph A, of this Agreement shall become applicable. and COUNTY sh~UI Indemnify,
defend and held CITY harmleH aQCOrdlng to tho provisions therein contaIned.
7.0 TERM, The term of this AgrHment shall commence on the date hereinabove
first written and. unless sooner tennlnated as provided for In Section 8.0 herein, shall
continue Indefinitely.
8.0 TERMINATION. Either CITY or COUNTY, for any reason, may terminate thi8
Agreement, on thirty (30) days written notice to the other party. COUNTY', notice shall be
given to CITY's Chief of Police, and CllY's notice shall be given to COUNTY'. Chl.f
Probation Officer.
9.0 ATTORNEY'S FEES. Should any action be filed in any court of law, by either
CITY or COUNTY, to either enforce any of the terms of this Agreement. or to construe any
of It, lerms, the prevailing party In any such legal proœedtng shall be entitled to
reimbursement of Its reasonable attorney's fees and court costs from the non-prevailing
party.
10.0 EFFECTIVE DATE. The effective dale of this Agreement shan be the date first
hereinabove writ1en. .
3
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Frare.f! BOARD
71.m4.'--
1-084 P.DS/OS F-IS2
" ' . ~ 05-01-03 13:01
IN 'MTNESS WHEREOF, the Parties have executed this Agreement by their duly
authorized officers.
CITY OF SANTA ANA
DATED:
~
BV:
APPROVED AS TO FORM:
BY:
11)~
DATED:
J.JEb5
ATTEST:
~V:
rGt.- J ice C. Guy
clerk of tha Council
DATED:
,-~-1Z
DATED:
;)- /1'! I 'lJ
APPROVED AS TO FORM:
Laurence M. Watson
County Cou08eI
BV:
DATED;
/{/c/lI
/
Il!P\lNOEMVei.CIT
10-IH7
4