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HomeMy WebLinkAboutORANGE, COUNTY OF - TRI-AGENCY RESOURCE GANG ENFORCEMENT TEAM - 2014•p Gwrr�.w'n AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF SANTA ANA FOR THE PROVISION OF GANG VIOLENCE SUPPRESSION OVERTIME SERVICES N- 2014 -066 THIS AGREEMENT, entered into this I st day of May, 2014, 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 pat of a multi jurisdictional task force known as "Tri- Agency Resource Gang Enforcement Team" (TARGET), COi1NTY employs a Deputy Probation Officer, hereinafter designated as "TARGET DPO ", to provide gang violence suppression (GVS) services, on a full - time basis, for a target population consisting of adults and minors on probation, residing within CITY'S 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 TARGET DPO; NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: Page 1 of 14 TABLE OF CONTENTS SECTION 1.0 Tenn ..................................... ............................... 2.0 Description of COUNTY Services and Staffing 3.0 Responsibilities of CITY ..... ............................... 4.0 Compensation ....................... ............................... 5.0 Financial Accountability ..... ............................... 6.0 Program Supervision ............ ............................... 7.0 Disputes ................................. ............................... 8.0 Status of County ................... ............................... 9.0 Affirmative Action ................ ............................... 10.0 Nondiscrimination ................ ............................... 11.0 Other Sources of Income ...... ............................... 12.0 Right to Audit ....................... ............................... 13.0 Retention of Financial Records ........................... 14.0 Internal Controls ................... ............................... 15.0 Confidentiality ...................... ............................... 16.0 License to Use City Real and Personal Property 17.0 Permission to Use City Vehicles ......................... 18.0 Mutual Indemnification ......... ............................... 19.0 Distribution of Forfeited and Seized Assets ........ 20.0 Termination ............................ ............................... 21.0 Notices ................................... ............................... 22.0 Third Party Rights .................. ............................... 23.0 Alteration of Terms / Entire Agreement .............. Signatures ............................... ............................... Page 2 of 14 PAGE ..............5 ..............7 W ................ 8 ................8 .......................... ............................... 9 .......................... ............................... 9 .......................... .............................10 .......................... .............................10 .......................... .............................10 .......................... .............................11 .......................... .............................11 .......................... .............................12 .......................... .............................12 ......................... .............................12 ......................... .............................13 ......................... .............................13 ......................... .............................14 ......................... .............................14 1.0 TERM The initial term of this Agreement shall be one year, commencing May 1, 2014 through April 30, 2015, and shall be automatically extended in one -year increments for up to two (2) consecutive years ending April 30, 2017, unless otherwise terminated pursuant to Section 20.0 of this Agreement. 2.0 DESCRIPTION OF COUNTY SERVICES AND STAFFING 2.1 COUNTY shall assign a TARGET DPO to provide GVS services to CITY on a full -tune basis as defined below, and in conjunction with GVS work by police officers of CITY. 2.1.1 The TARGET DPO shall be a full -time employee of COUNTY in a regular or limited -tenn position, whose normally assigned work hours equal those of a full work period. 2.1.1.1 A regular position shall mean a position established on a permanent year -round basis requiring work on a regular schedule. 2.1.1.2 A limited -term position shall mean a position which, in COUNTY'S determination, has no anticipated long -range funding or has uncertain future funding. 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 TARGET 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 TARGET 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 TARGET DPO pursuant to Section 4.0 of this Agreement. 2.4 GVS overtime services to be provided by the TARGET DPO shall include, but not be limited to: 2.4.1 Supervision of a target 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 geographical boundaries; 2.4.2 Enforcement of court orders for said target population, including searches and seizures, as appropriate; Page 3 of 14 2.4.3 Patrolling areas where gang members are known to congregate; 2.4.4 Development of intelligence and documentation of information gathered from 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 from becoming gang members; and 2.4.8 Referrals of probationers and their families to counseling agencies in the community. 2.5 COUNTY shall assign a TARGET 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. 2.6 In the event the assigned TARGET DPO is unavailable during times requested by CITY, COUNTY shall provide a substitute TARGET 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 TARGET DPO is unavailable, COUNTY shall, subject to CITY'S approval, provide the overtime services of a Supervising Probation Officer (SPO) from the GVS Unit of COUNTY'S Probation Department. 2.7 ADMINISTRATOR shall have final authority and responsibility for decisions affecting COUNTY'S provision of GVS services, including the TARGET DPO assignments or substitutions, and any other matters designated by ADMINISTRATOR, both verbally and in writing. 3.0 RESPONSIBILITIES OF CITY CITY shall: 3.1 Explain the scope of duties required and expected from the TARGET DPO, in order to accomplish CITY'S GVS goals and objectives. 3.2 Provide transportation, office space, supplies and equipment necessary or incidental to the TARGET DPO'S performance of the scheduled or expected work. 3.3 Coordinate the scheduling of GVS overtime services directly with the TARGET Page 4 of 14 DPO, or in the absence of the TARGET DPO, with the SPO from the GVS Unit of COUNTY'S Probation Department. 3.3.1 Request and Notification of Overtime Need: If, in the judgment of CITY, work beyond the TARGET DPO'S normal work period is required, CITY will notify the assigned TARGET DPO of the need for such overtime, as soon as practicable prior to commencement of the overtime service. If the assigned TARGET DPO is unavailable, CITY may, pursuant to Section 2.6 of this Agreement, arrange for a substitute TARGET DPO; or if a substitute TARGET DPO is unavailable, for a SPO from the GVS Unit of COUNTY'S Probation Department. 3.4 Compensate COUNTY for GVS overtime services pursuant to Section 4.0 of this Agreement. 4.0 COMPENSATION 4.1 CITY shall pay COUNTY for the cost of GVS overtime services rendered by the assigned TARGET DPO or, as applicable, for the cost of GVS overtime services rendered by the substitute TARGET DPO or by the SPO from the GVS Unit of COUNTY'S Probation Department, pursuant to Sections 2.6 and 3.3.1 of this Agreement for a total amount not to exceed twenty -five thousand dollars ($25,000) during the full three (3) -year teen of this Agreement. 4.2 Payment for GVS Overtime Services Rendered by Assigned TARGET DPO: 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 TARGET DPO, as follows: 4.2.1 At one and one -half (1 -112) tunes the assigned TARGET DPO'S then current hourly rate, 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 as set forth in the Probation Services 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 position classification. 4.2.3 COUNTY shall notify CITY within thirty (30) days, after a salary adjustment for the DPO position classification becomes effective in accordance with the terms of the Probation Services Unit Memorandum of Understanding. Page 5 of 14 4.3 Payment for GVS Overtime Services Rendered by Substitute TARGET DPO: 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 substitute TARGET DPO, if applicable pursuant to Sections 2.6 and 3.3.1 of this Agreement, as follows: 4.3.1 At one and one -half (1 -1/2) times the substitute TARGET DPO'S then current hourly rate, multiplied by the number of hours of service provided during the billing period. 4.3.2 The parties aclmowledge that COUNTY'S Board of Supervisors approves general salary increases and performance incentives, in accordance with the terns of agreement reached between COUNTY and the Orange County Employees Association (OCEA), and as set forth in the Probation Services 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 position classification. 4.3.3 COUNTY shall notify CITY within thirty (30) days, after a salary adjustment for the DPO position classification becomes effective in accordance with the terms of the Probation Services Unit Memorandum of Understanding. 4.4 PMnent for GVS Overtime Services Rendered by SPO from GVS Unit of COUNTY'S Probation Department: 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 SPO from the GVS Unit of COUNTY'S Probation Department, if applicable pursuant to Sections 2.6 and 3.3.1 of this Agreement, as follows: 4.4.1 At one and one -half (1 -1/2) times the SPO'S then current hourly rate, multiplied by the number of hours of service provided during the billing period. 4.4.2 The parties acknowledge that COUNTY'S Board of Supervisors approves general salary increases and performance incentives, in accordance with the terns of agreement reached between COUNTY and the Orange County Employees Association (OCEA), and as set forth in the Supervisory Management Unit Memorandum of Understanding. As used in this Agreement, OCEA is the exclusively recognized employee organization for the Supervisory Management Unit, which includes the SPO position classification. 4.4.3 COUNTY shall notify CITY within thirty (30) days, after a salary adjustment for the SPO position classification becomes effective in accordance with the terms of the Supervisory Management Unit Memorandum of Understanding. Page 6 of 14 4.5 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 COUNTY agrees to provide fiscal procedures adequate to assure accounting for the billing of costs to CITY under this Agreement, in accordance with COUNTY'S general accounting policies, and the 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 the 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. 5.2 CITY shall pay COUNTY within thirty (30) days of the invoice date. 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 the 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 (3 1) 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. 5.3 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, from money held on deposit with COUNTY'S Treasurer for CITY, in accordance with Government Code Section 907 and any other applicable provision of law. Page 7 of 14 5.4 Early payments received by COUNTY from 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, subject to late charges, pursuant to Section 5.2 herein. 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 tern. COUNTY shall then submit the final invoice within sixty (60) days of the end of the tern of the Agreement. CITY shall not be liable for any invoices submitted beyond sixty (60) days of the end of the tern of the Agreement. 6.0 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. 7.0 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. 8.0 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 terns 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. Page 8 of 14 9.0 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, national origin or sex, be excluded from participation in, or be denied the benefits of, 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 from 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 or 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. 10.0 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. 11.0 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 from 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. 12.0 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. Page 9 of 14 13.0 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 from 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. 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. 14.0 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. 15.0 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, 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 pennitted 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. Page 10 of 14 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. 15.5 "Adult client information" shall be understood to include all records and data which identify the subject of the information 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 - free 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 TARGET DPO, and by the substitute TARGET DPO or SPO if applicable, while performing their assigned duties related to this Agreement, and shall be adequate for performance of said duties. The precise location, size and type of said office space, furniture and equipment, will be determined 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 VEHICLES In consideration of the promises contained herein, CITY hereby grants to COUNTY permission for the TARGET DPO, and for the substitute TARGET 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. CITY shall supply all repair and maintenance services for said vehicles, and shall pay all fuel costs for said Page 11 of 14 vehicles. 18.0 MUTUAL INDEMNIFICATION COUNTY shall indemnify, hold harmless and defend CITY, its officers, agents and employees from any and all claims, demands, loss or liability for injury, death or damage arising out of the acts or omission to act by COUNTY officers, agents or employees in carrying out this Agreement, or arising out of the condition of real or personal property of COUNTY utilized in connection with this Agreement. This indemnification shall commence on the effective date of this Agreement and shall continue thereafter for any and all causes of action accruing during the term of this Agreement. CITY shall indemnify, hold harmless and defend COUNTY, its officers, agents and employees, from any and all claims, demands, loss or liability for injury, death or damages arising out of the acts or omission to act by CITY officers, agents or employees in carrying out this Agreement, or arising out of the condition of real or personal property of CITY utilized in connection with this Agreement. This indemnification shall commence on the effective date of this Agreement and shall continue thereafter for any and all causes of action accruing during the term of this Agreement. 19.0 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 from drug enforcement activities, as they may apply to the services provided under this Agreement. The parties may, if needed, seek instructions or clarification from a countywide panel of law enforcement officers as may be appointed to implement specified forfeiture guidelines. 20.0 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: Any obligation under this Agreement is contingent upon the continued availability of funds for reimbursement of COUNTY'S cost of services hereunder, and inclusion of sufficient funding for the services hereunder in CITY'S budget for its fiscal period. In the event such funding is subsequently reduced or terminated, CITY may terminate this Agreement upon thirty (30) days' written notice given to COUNTY. Page 12 of 14 21.0 NOTICES and Notices and payments to 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: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax (714) 647 -6956 With courtesy copies sent to: Chief of Police Santa Ana Police Department City of Santa Ana 60 Civic Center Plaza (M -97) P.O. Box 1988 Santa Ana, CA 92702 Fax (714) 245 -8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, CA 92702 Fax (714) 647 -6515 22.0 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. Page 13 of 14 23.0 ALTERATION OF TERMS / 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers. CITY OF SAN A BY: avi Cavazos, rty anager APPROVED AS TO FORM: DATED: 5'� g /� V ATTEST: D. iT —� —C' ana mzar, , ity rk BY: — -.- 0 DATED: aura Ros& error ssistant City Attorney RECO APPROVAL: BY: Carlos Rojas, ACUng-at-U-ffiet ot Police COUNTnTEVEN rQ� G AL' BY: J. SENTMAN Chief Probation Officer DATED: DATED: Page 14 of 14 y/2 8-/201 y C April 28, 2014 ORANGE COUNTY )ation Robert J. Carroll, Police Administrative Manager Santa Ana Police Department City of Santa Ana 60 Civic Center Plaza (M -97) P.O. Box 1988 Santa Ana, CA 92702 STEVEN J.SENTMAN CHIEF PROBATION OFFICER TELEPHONE: (714) 645 -7000 1055 N. MAIN STREET, 5TH FLOOR SANTA ANA, CA 82701 MAILING ADDRESS: P.O. BOX 10280 SANTA ANA, CA 02711-0260 RE: Agreement for the provision of Gang Violence Suppression Overtime Services Dear Mr. Carroll: Enclosed, please find two revised contracts with original signature pages, now signed by the Chief Probation Officer, that are ready for final authorized signatures by the City Manager and City Clerk. This contract is based upon the master agreement approved by the Orange County Board of Supervisors on February 6, 2001, with minor changes to reflect the term of the Agreement and the total not to exceed amount. The County of Orange received two original partially executed signature pages, accompanied by a previous version of the Agreement. Subsequent to discussions between the parties, the following changes to the body of the Agreement were incorporated: • On page one of the Agreement, deleted "10th day of March 2014" and replaced with "1st day of 2014 ". • On page three of the Agreement, Section 1.0, deleted the following language: "The term of this Agreement shall be one year, commencing March 10, 2014 through March 9, 2015, and shall be automatically extended in one -year increments for two years ending March 9, 2017, runless otherwise terminated pursuant to Section 20.0 of this Agreement. " Inserted the following language: "The initial term of this Agreement shall be one year, commencing May 1; 2014 through April 30, 2015, and shall be automatically extended in one -year increments for up to two (2) consecutive years ending April 30, 2017, unless otherwise terminated pursuant to Section 20.0 of this Agreement. " • On page five of the Agreement, Section 4.1, deleted "..,for a total amount not to exceed twenty-five thousand dollars and zero cents ($25,000) during the term of this Agremeent" and replaced with "..,for a total amount not to exceed twenty-five thousand dollars ($25,000) during the full three (3) -year term of this Agreement. " Please obtain the final authorized signatures for the City of Santa Ana, retain one original contract for your records, and return one fully executed original contract to the following address: Orange County Probation Department Attn: AFD Contracts/PAO /Jennifer Davis 1055 N. Main Street Santa Ana, CA 92701 Thank you and please let me know if you have any questions. Sincerely, Jennifer Davis OC Probation Contracts Manager