COUNTY OF LOS ANGELES
PROBATION DEPARTMENT
AGREEMENT TO PROVIDE A
PREVENTION AND INTERVENTION PROGRAM
(PIP)
CITY OF COMMERCE
640-24-008
i
TABLE OF CONTENTS
Page No.
1. PURPOSE OF THE AGREEMENT....................................................1
2. STATEMENT OF WORK ...................................................................1
3. EMPLOYMENT STATUS...................................................................3
4. PAYMENT..........................................................................................3
5. INDEPENDENT CONTRACTOR.......................................................3
6. INDEMNIFICATION ...........................................................................4
7. LIMITATION OF COUNTY'S OBLIGATION DUE
TO NON-APPROPRIATION ..............................................................4
8. BUDGET REDUCTIONS ...................................................................4
9. TERMINATION AND TERMINATION COSTS...................................4
10. TERMINATION FOR IMPROPER CONSIDERATION.......................5
11. TERM.................................................................................................5 1 COUNTY OF LOS ANGELES
AND
CITY OF COMMERCE
THIS AGREEMENT is made and entered into this ________ day of _______, 2024 by and between the City of Commerce, located at 2535 Commerce Way, Commerce, California 90040, 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, delinquency 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:
1. 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. 2 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 Deputy, the duties of the DPO will:
• Coordinate with DPOs supervising adult and juvenile probationers within the CITY to ensure participation in prevention and intervention services.
• Provide supervision of adult and juvenile probationers and at-risk youth including assessment, case planning and case management. • 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.
• Monitor and enforce conditions of probation for High-Risk Adult and Juvenile Offenders residing in the CITY.
• Maintain awareness of gang and criminal activity through intelligence gathering.
• Maintain a strong presence in the community by working closely with community groups, local law enforcement and other service providers. • Conduct home calls, police ride-alongs and serve in a support capacity in various law enforcement operations where there is a probation nexus.
• Work closely with Probation’s Juvenile Gang Unit officers and the special enforcement teams to coordinate special operations as needed.
3 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 II) and support staff assigned by COUNTY to perform services according to Paragraph 2, STATEMENT OF WORK above. The billable amount is $43,750.00 plus any adjustments to salary, employee benefits and/or overhead rates approved by the Board of Supervisors during the fiscal year.
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 II works in excess of forty (40) hours per week. The current overtime rate is approximately $70.25 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's Business Management Office, CITY shall reimburse COUNTY for the billed amount. These invoices shall be provided to CITY within twenty (20) days following: April 2024, June 30, 2024.
5. INDEPENDENT CONTRACTOR
This Agreement is by and between COUNTY and CITY and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association as between COUNTY and CITY. 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 COUNTY’S exclusive 4 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 5 substantial reduction in CITY or COUNTY funding for the Agreement activity. In such event, COUNTY shall be compensated for all services rendered and all necessary incurred costs performed in accordance with the terms of this Agreement which have not been previously reimbursed up to the date of said termination. Payment shall be made only upon the filing with CITY, by COUNTY, vouchers evidencing the time expended and said costs incurred. Said vouchers must be filed with CITY within thirty (30) days of said termination.
10. TERMINATION FOR IMPROPER CONSIDERATION
COUNTY may, by written notice to CITY, immediately terminate the right of the CITY to proceed under this Agreement if it is found that consideration, in any form, was offered or given by the COUNTY, either directly or through an intermediary, with the intent of securing the Agreement or securing favorable treatment with respect to the amendment or extension of the Agreement or making of any determinations with respect to the COUNTY’S performance pursuant to the Agreement. In the event of such termination, COUNTY shall be entitled to pursue the same remedies against the CITY as it could pursue in the event of default by the CITY.
CITY shall immediately report any attempt by a COUNTY officer or employee to solicit such improper consideration. The report shall be made either to the COUNTY manager charged with the supervision of the employee or to the COUNTY Auditor-Controller’s Employee Fraud Hotline at (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
The Agreement shall commence February 14, 2024 through June 30, 2024. /
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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
BY:
GUILLERMO VIERA ROSA
CHIEF PROBATION OFFICER
CITY OF COMMERCE
BY:
Name (Typed or Printed)
Title
ATTEST:
City of Commerce, California
BY:
City Clerk
APPROVED AS TO FORM:
Name (Typed or Printed)
DAWYN HARRISON,
COUNTY COUNSEL
APPROVED AS TO FORM:
BY: BY:
Jason C. Carnevale
DEPUTY COUNTY COUNSEL
Name (Typed or Printed)
Title