HomeMy WebLinkAboutCounty of Orange - Probation Department - 2012-10-30MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF HUNTINGTON BEACH
AND
THE COUNTY OF ORANGE
FOR
PUBLIC SAFETY REALIGNMENT AND POSTRELEASE COMMUNITY SUPERVISION
COST REIMBURSEMENT TO LOCAL LAW ENFORCEMENT AGENCIES
FOR ENHANCED SERVICES AND OTHER AUTHORIZED EXPENDITURES
This Memorandum of Understanding, hereinafter referred to as "MOU," entered into on
October 30, 2012, which date is enumerated for purpose of reference only, is by and between the
City of Huntington Beach, acting on behalf of its Police Department ("City"), and the County of
Orange, a political subdivision of the State of California, acting on behalf of the Orange County
Probation Department ("County.")
RECITALS
WHEREAS, Assembly Bill ("AB 109"), titled "2011 Realignment Legislation Addressing
Public Safety," became effective on July 1, 2011 and provided for the enactment of the "2011
Postrelease Community Supervision Act;"
WHEREAS, the 2011 Postrelease Community Supervision Act requires that certain
offenders released from State prison shall be subject to postrelease community supervision
provided by a county agency designated by each county's board of supervisors, as specified in
section 3450 of the Penal Code and as added by AB 109;
WHEREAS, the Orange County Board of Supervisors, pursuant to Resolution No. 1I-
I 11, designated the Orange County Probation Department ("OC Probation") as the County
agency responsible for providing postrelease community supervision;
WHEREAS, on October 18, 2011 the Orange County Board of Supervisors accepted the
Orange County Public Safety Realignment and Postrelease Community Supervision 2011
Implementation Plan ("PCS 2011 Implementation Plan") developed by the Orange County
Community Corrections Partnership ("OCCCP") and approved by the OCCCP Executive
Committee, as required under AB 109 and subsequent related legislation;
WHEREAS, the Fiscal Year 2012-13 funding allocations of State appropriation for the
continuing implementation of AB 109, including amounts for enhanced services and other
authorized expenditures for local law enforcement agencies were presented to, and approved by
the Orange County Board of Supervisors on September 25, 2012 as part of the FY 2011-12
Fourth Quarter Budget Report;
WHEREAS, the parties to this MOU wish to establish the cost reimbursement policies,
procedures and requirements pertaining to City's provision of enhanced services and expenditures
of its AB 109 funding allocation for Fiscal Year 2012-13, and for subsequent fiscal years thereto.
NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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1.0 TERM
The initial term of this MOU shall be effective retroactively from July 1, 2012, through
June 30, 2013, with approval by the Orange County Board of Supervisors. Thereafter, this
MOU may be renewed for succeeding 12-month fiscal year periods of July 1 through June
30, without further action by the Orange County Board of Supervisors, on the same terms
and conditions and upon mutual written agreement between City and OC Probation, subject
to:
1.1 New or additional funding appropriated to the County by the State legislature for the
continuing implementation of AB 109 and subsequent related legislation;
1.2 Acceptance by the Orange County Board of Supervisors of the State appropriation
for the continuing implementation of AB 109 and subsequent related legislation, for
inclusion in the County's budget for each fiscal year covered by this MOU; and
1.3 Approval by the Orange County Board of Supervisors of the funding allocations of
such State appropriation to local resources and needs, including amounts that may be
reimbursed to City for enhanced law enforcement services and other authorized
expenditures.
2.0 POPULATIONS SERVED
2.1 New Populations under Coun1y Jurisdiction: Beginning October 1, 2011, AB 109 and
subsequent related legislation, as implemented by County, placed the following
populations under County jurisdiction and supervision by OC Probation:
2.1.1 Persons released from prison on postrelease community supervision ("PCS")
instead of parole, consisting of non-violent, non -serious and non high -risk
sex offenders as defined by the California Department of Corrections and
Rehabilitation.
2.1.2 Persons who have committed felonies and now sentenced to County jail
pursuant to subdivision (h) of Penal Code section 1170 instead of State
prison, who may also be placed on mandatory supervised release.
2.2 Information on New Populations under County Jurisdiction: OC Probation will
provide City with a "Notice of Supervision" with regard to individuals scheduled by
the State for PCS release, as described in section 2.1.1 herein. Requests for
information on particular individuals placed on mandatory supervised release, as
described in section 2.1.2, may be directed to OC Probation, as needed.
3.0 SCOPE OF ITEMS REIMBURSABLE TO CITY
Under this MOU, OC Probation shall compensate City for providing enhanced law
enforcement services and incurring related expenditures directly related thereto, which shall
consist of, but not be limited to, the following:
3.1 Overtime Services: At various times that are mutually agreed upon and determined
necessary to achieve the objectives of public safety realignment and other purposes
related to AB109, City shall provide the number of law enforcement personnel
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requested by OC Probation, or by City, in order to check the compliance of offenders,
described in section 2.1 herein, with their conditions of supervision. City law
enforcement personnel shall accompany OC Probation peace officers in conducting
activities, commonly termed as "sweeps," outside of regular work hours, and as more
fully described in section 5.2.2 of this MOU.
3.2 Services of Dedicated Personnel: City may, at its discretion and with written
notification to OC Probation, assign personnel to perform law enforcement services
under this MOU, during their normal work hours as regular -time services, and
additionally outside of their normal work hours as overtime services, as more fully
described in section 5.2.3 of this MOU.
3.3 Other Authorized Expenditures: City may claim reimbursement for operating
expenses directly related to the provision of services under this MOU. Allowable
and claimable operating expenses shall include, but not be limited to, professional
and technical training, equipment, general supplies, travel, and mileage, all as they
directly relate to AB 109 and the objectives of public safety realignment, services
rendered, or authorized expenditures incurred under this MOU.
4.0 AMOUNTS REIMBURSABLE TO CITY
OC Probation shall reimburse City for providing enhanced law enforcement services and
incurring authorized expenditures under this MOU, as needed to achieve the objectives of
public safety realignment, in accordance with the following guidelines:
4.1 Funding Allocation to City:
4.1.1 As approved by the Orange County Board of Supervisors for the period July
1, 2012 through June 30, 2013, City shall be reimbursed up to a maximum
amount of $73,284.48. Such amount is part of, and included in the total
maximum funding allocation of $1,689,089 to local law enforcement
agencies, as specified in Attachment 1 ("Local Law Enforcement PCS
Funding Allocation: July 1, 2012 through June 30, 2013") of this MOU.
4.1.2 For succeeding 12-month fiscal year periods of July 1 through June 30, and
subject to new or additional State funding as described in section 1 of this
MOU and allocated by the Orange County Board of Supervisors, City's
funding allocation shall be specified in a written document renewing this
MOU, as mutually agreed upon and signed by both parties.
4.2 Total Fundina Allocation to Local Law Enforcement Agencies:
During all 12-month fiscal year periods of July 1 through June 30 that this MOU is in
effect, City and all other local law enforcement agencies will be individually
compensated solely from and within the total maximum State funding allocation
recommended by the OCCCP Executive Committee and approved by the Orange
County Board of Supervisors for enhanced law enforcement services and other
authorized expenditures, until such amount is depleted. Any remaining balance at the
end of each fiscal year will not carry over to the following fiscal year.
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5.0 RESPONSIBILITIES OF PARTIES
5.1 County, through OC Probation, shall:
5.1.1 As needed, and subject to the provisions of section 8 of this MOU,
periodically deploy OC Probation peace officers to City police department
facilities, to act as liaison for ensuring proper coordination of activities under
the PCS 2011 Implementation Plan and succeeding PCS Updates, including
the services provided by City under this MOU
5.1.2 Request overtime services from City to conduct activities commonly termed
as "sweeps," as needed to accomplish specific objectives, pursuant to section
5.2.2 herein
5.1.3 Coordinate the scheduling of such overtime services with City's designated
law enforcement personnel
5.1.4 In advance of scheduled overtime services, provide specific information to
City law enforcement personnel identifying the names, addresses, and known
associations of the intended sweep subjects
5.1.5 Provide County vehicles for OC Probation peace officers assigned to
accompany City law enforcement personnel in the performance of services
related to this MOU
5.1.6 Conduct periodic meetings and participate in briefing sessions with City law
enforcement personnel
5.1.7 Compensate City for services rendered and other authorized expenditures
incurred under this MOU, in accordance with section 6.0 herein
5.1.8 Oversee the administrative processes for billing and compensation for
services rendered and other authorized expenditures incurred under this
MOU
5.1.9 Financially monitor the usage of the amount annually proposed by the
OCCCP Executive Committee and adopted by the Orange County Board of
Supervisors for enhanced law enforcement services and other authorized
expenditures under this MOU, so as not to exceed the maximum allocation
made available from State funding for each fiscal year
5.2 City, through its Police Department, shall have the following responsibilities with
regard to services and authorized expenditures under this MOU:
5.2.1 General Duties
5.2.1.1 Ascertain the whereabouts of persons described in section 2.1 of
this MOU and known to reside within City's geographical
boundaries, and notify OC Probation when practicable, prior to
conducting compliance checks of any offender, in order to verify
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5.2.1.2
such individual's identity, active supervision status, and any
relevant conditions of supervision that are to be enforced
Make searches and seizures, as appropriate and reasonable
5.2.1.3 Perform surveillance of persons described in section 2.1 in City or
any jurisdiction City has an agreement with pursuant to Penal Code
section 830.1
5.2.1.4 Make arrests for violations of supervision conditions with prior
authorization from assigned OC Probation peace officers, or for
active warrants for persons described in section 2.1
5.2.1.5 Complete and maintain documentation relating to probable cause,
the circumstances of arrests and new law violations, bookings and
all other pertinent information
5.2.1.6 Provide police vehicles for City law enforcement personnel to
conduct activities under this MOU
5.2.1.7 As appropriate, allow OC Probation peace officers to ride as
passengers in City police vehicles, or to operate the vehicles if City
law enforcement personnel are rendered unable to drive said
vehicles, subject to the provisions of section 9 of this MOU
5.2.1;8 Maintain timekeeping and payroll documentation for overtime and
regular -time services rendered by City law enforcement personnel,
and relevant source documentation such as ledgers, journals,
cancelled checks, receipts, and invoices supporting the submittal of
other authorized expenditures incurred by City under this MOU
5.2.2 Overtime Services: With regard to overtime services rendered pursuant to
section 3.1 of this MOU:
5.2.2.1 Advise OC Probation of the number of City peace officers
scheduled to perform the overtime services requested by OC
Probation
5.2.2.2 Notify OC Probation of City's own need to perform overtime
services over and above those requested by OC Probation
5.2.2.3 If necessary and in advance of the scheduled overtime services,
and subject to approval by OC Probation, request that certain
individuals under PC be added to the scheduled sweep, including
the reasons for such request
5.2.2.4 Make a room available for the parties to participate in briefing
sessions prior to and upon completion of scheduled activities, or at
any other times as may be required, subject to the provisions of
section 8 of this MOU
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5.2.3 Services of Dedicated Personnel: With regard to regular -time and overtime
services rendered by personnel dedicated to perform activities under this
MOU:
5.2.3.1 Provide written notification of such dedicated personnel
assignments to OC Probation, for coordination of services and
reimbursement procedures under this MOU, by mail, fax or e-mail,
as follows:
Orange County Probation Department
Attention: Director of Postrelease Community Supervision
Division
P.O. Box 10260
Santa Ana, CA 92711
Fax: 714.558.6329
E-mail: Rita. RobertsAprob.ocgov.com
5.2.3.2 Notify the assigned OC Probation peace officers of each law
enforcement contact made with offenders, the nature and
circumstances of such contact, and any actions taken or continuing
therefrom, as soon as practicable after the occurrence of such
contact
5.2.3.2.1 For expediency and efficiency in communication and
response times, the preferred method of notification to
OC Probation under this section shall be through
COPLINK. If reporting via COPLINK is not available,
notification may be done by telephone to the assigned
OC probation peace officers, or as described in section
5.2.3.1 above.
5.2.3.3 Provide quarterly statistical and progress reports to OC Probation
of law enforcement activities undertaken under this MOU
5.2.3.4 Attend periodic meetings as requested by OC Probation, or
schedule meetings with OC Probation as needed
6.0 COMPENSATION
County shall compensate City for salaries and benefits paid by City to law enforcement
personnel assigned to perform services under this MOU, as follows:
6.1 Regular Position: The law enforcement personnel assigned by City to perform
services under this MOU shall consist of full-time employees of City in regular
positions, whose normally assigned work hours equal a full work period.
6.1.1 A regular position shall mean a position established on a permanent year-
round basis and requiring work on a schedule designated by City as a normal
work schedule.
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6.2 Overtime Services: Law enforcement personnel may be assigned by City to perform
services under this MOU, pursuant to section 3.1 herein, during hours that are in
excess of an employee's normal work schedule in a regular work period. County
shall pay City for overtime services rendered by such personnel at one and one-half
(1-1/2) times their hourly rate, multiplied by the number of hours of service actually
provided during the billing period.
6.3 Services of Dedicated Personnel: Law enforcement personnel may be dedicated by
City to perform services under this MOU, pursuant to section 3.2 herein, during their
normal work hours as regular -time services, and additionally outside of their normal
work hours as overtime services. County shall pay City for regular -time services
rendered by such personnel at their hourly rate, and for overtime services at one and
one-half (1-1/2) times their hourly rate; both as multiplied by the number of hours of
service actually provided during the billing period.
6.4 Claiming Methodology For purposes of submitting reimbursement claims to OC
Probation under section 7.0 herein, City shall use its own methodology for
calculating hourly rates, as applicable to regular time or overtime hours recorded by
law enforcement personnel assigned to perform services under this MOU. When
submitting invoices to OC Probation under section 7.1 herein, City may include the
benefits associated with the regular time or overtime hourly rates applicable to the
claimed services, or show such benefits as a separate line item.
6.5 No Supplantation: City acknowledges its understanding that: (a) the services
rendered by law enforcement personnel assigned to perform services under this MOU
have not previously been, or otherwise will be funded by City; and (b) employee
compensation for said services does not supplant or replace any other City -funded
work hours.
6.6 At all times during any particular action under this MOU, each parry's employees
shall conform to his or her respective departmental policies, requirements and
procedures. Each party will operate under the direction of its respective chain of
command. No parry is responsible for the actions of another parry's personnel. Any
evaluation and investigation of any complaints regarding any parry or its personnel
shall be referred to the parry at issue.
7.0 k'INANCIAI. ACCOUNTABILITY
7.1 OC Probation's Fiscal Services Unit shall issue instructions to City for claiming
reimbursement of expenses under this MOU. City shall submit invoices for services
rendered and authorized expenditures incurred under this MOU, accompanied by the
source documents described in sections 5.2.1.8 and 6.4 herein, with the following
minimum information:
7.1.1 Date of service and/or expenditure
7.1.2 Name(s) of City law enforcement personnel who rendered the services, with
their hourly and overtime rates, and number of service hours performed,
pursuant to the methodology described in section 6.4 herein
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7.1.3 Operating expenses, itemized as directly related to the provision of services
under this MOU
7.1.4 City's name and address
7.1.5 City's remittance address, if different from above
7.1.6 City's federal taxpayer identification number
7.1.7 Invoice number or some identifying tracking number specified by City
7.1.8 "Bill To" section in accordance with section 7.2 below
7.1.9 Statement from City's designated representative for this MOU, to read: "I
hereby certify to the appropriateness of the costs claimed and that these costs
have not been reimbursed by revenue, income, or grants from any other
source."
7.2 City's invoices shall be mailed to the following address, with the same "Bill To"
information included in the invoice:
Orange County Probation Department
Attention: Fiscal Services Unit
P.O. Box 10260
Santa Ana, CA 92711
7.3 City may submit invoices claiming reimbursement for services rendered and
authorized expenditures incurred under this MOU on a monthly basis, or quarterly at
a minimum.
7.3.1 For each fiscal year of July 1 through June 30 that this MOU is in effect,
final claims for reimbursement of services rendered and authorized
expenditures incurred by City shall be submitted for receipt by OC Probation
no later than July 5 immediately following.
7.4 Payment by County to City will be within 30 days of receipt of an invoice in the
format specified in section 7.1 herein, as verified and approved by the OC Probation
PCS Division Director, and subject to routine processing requirements. City agrees
to accept such compensation as full remuneration for services rendered and
authorized expenditures incurred under this MOU and for any reasonably unforeseen
difficulties or risks which may arise or be encountered in the performance of services
under this MOU.
7.5 County reserves the right to verify City's source documents related to the provision of
services and authorized expenditures incurred under this MOU. Auditors of the
County, OC Probation, and State shall have access to information, documents, papers
and records of City, which are determined to be pertinent specifically to this MOU,
for the purpose of making an audit, evaluation, excerpts and transcripts.
Furthermore, OC Probation shall have the right to audit claims submitted for
reimbursement by City, if a subsequent audit determines that certain costs and
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expenses claimed by and reimbursed to City are not allowable. City shall reimburse
OC Probation for any such disallowed amounts.
8.0 LICENSE TO USE CITE' REAL AND PERSONAL PROPERTY
In consideration of the promises contained herein, City hereby grants to County rent-free
use of office space, office furniture, and office equipment located in the offices of the City
Police Department. Said office space, furniture and equipment shall be used solely by
personnel of City and OC Probation while performing their assigned duties related to
services under this MOU. The precise location, size and type of said office space, office
furniture and office equipment will be determined by City. 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.
9.0 PERMISSION TO USE CITE' VEHICLES
In consideration of the promises contained herein, City hereby grants to County permission
for OC Probation personnel to operate and to ride as passengers in vehicles owned or leased
by City, as necessary while performing their assigned duties related to services under this
MOU. City shall supply all repair and maintenance services for said vehicles, and shall pay
all fuel costs for said vehicles.
10.0 MUTUAL E"4DEMNIFICATION
County agrees to indemnify, defend with counsel approved in writing by City, and hold
City, its officers, employees, and agents ("City Indemnitees") harmless from 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, or other performance provided by
County pursuant to this MOU. City's approval of counsel shall not be unreasonably
withheld. 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. This indemnification shall commence on the
effective date of this MOU and shall continue thereafter for any and all causes of action
accruing during the term of this MOU.
City agrees to indemnify, defend with counsel approved in writing by County, and hold
County, its elected and appointed officials, officers, employees, agents and those special
districts and agencies for which County's Board of Supervisors acts as the governing board
("County Indemnitees") harmless from 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, or other performance provided by City pursuant to this MOU.
County's approval of counsel shall not be unreasonably withheld. 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, City and County agree that liability
will be apportioned as determined by the court. Neither party shall request a jury
apportionment. This indemnification shall commence on the effective date of this MOU
and shall continue thereafter for any and all causes of action accruing during the term of this
MOU.
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11.0 PROJECT MANAGEMENT
The OC Probation PCS Division Director shall manage and oversee the operation and
administration of this MOU pursuant to the terms and conditions contained herein. The
PCS Division of OC Probation shall coordinate with City law enforcement personnel with
regard to the activities covered under this MOU.
12.0 CONTINGENCY OF FUNDS
City acknowledges that funding or portions of funding for this MOU may be contingent
upon State budget approval, receipt of funds from, and/or obligation of funds by the State to
County; and inclusion of sufficient funding for the services hereunder in the budget
recommended by the OCCCP and approved by the Orange County Board of Supervisors for
each fiscal year covered by this MOU. If such approval, funding or appropriations are not
forthcoming, or are otherwise limited, County may immediately terminate or modify this
MOU without penalty.
13.0 CON>FEDENTIALITY:
City agrees to maintain the confidentiality of County and County -related records and
information pursuant to all statutory laws relating to privacy and confidentiality that
currently exist or exist at any time during the term of this MOU. All such records and
information shall be considered confidential and kept confidential by City and City's staff,
agents and employees.
14.0 TERMINATION:
Either party may terminate this MOU, with or without cause, upon 30 days' written notice
given to the other party. The obligations pertaining to indemnification for, or defense of
causes of action accruing during the term of this MOU, shall extend beyond the termination
of this MOU until fully performed.
15.0 NOTICES:
Any notices required or permitted to be given under this MOU shall be in writing and
addressed as follows:
Notices to City:
Huntington Beach Police Department
Attention: Chief of Police
P.O. Box 70
Huntington Beach, CA 92648
Notices to County:
Orange County Probation Department
Attention: PCS Division Director
P.O. Box 10260
Santa Ana, CA 92711
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16.0 ALTERATION OF TERMS:
This MOU fully expresses all understanding of the parties, and is the total agreement
between the parties as to the subject matter of this MOU. No addition to, or alteration of
the terms of this MOU by the parties, whether written or verbal, shall be valid unless made
in the form of a written amendment to this MOU, which is formally approved and executed
by both parties.
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IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly
authorized officers.
CITY OF Huntington Beach
By: Dated
Kenneth W. Small
Chief of Police
Attest:
APPROVED AS TO FORM:
HCTiAttorney�
Dated: 1 a U a -
COUNTY OF ORANGE:
By:
tev J. Sentman
Chief Probation Officer
Cities AB109 MOU 7-1-12 to 6-30-13
12 ��- ►2
26/�
Dated: 0
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ATTACHMENT 1
LOCAL LAW ENFORCEMENT PCS FUNDING ALLOCATION
.duly 1, 2012 through June 30, 2013
City/Agency $ Allocation
Orange County Sheriff's
Department Unincorporated
area and Contract Cities *
173,755.13
Anaheim
258,859.69
Brea
10,638.07
Buena Park
43,734.28
Costa Mesa
108,744.71
Cypress
24,822.16
Fountain Valley
15,366.10
Fullerton
75,648.49
Garden Grove
147,750.96
Huntington Beach
73,284.48
Irvine
43,734.28
La Habra
28,368.16
Laguna Beach
4,728.03
Los Alamitos
3,546.02
Midway City **
17,730.12
Newport Beach
17,730.12
Orange
91,014.59
Placentia
26,004.17
Santa Ana
408,974.66
Seal Beach
2,364.02
Tustin
40,188.26
Westminster
57,918.38
Yorba Linda
14,184.09
TOTAL
1,689,089.00
For purposes of this Attachment 1, the allocations for the Orange County. Sheriff's
Department and for Midway City are listed separately. However, the Orange County
Sheriff's Department will actually be providing services to Midway City. Therefore,
for cost reimbursement purposes under this MOU, the allocation of $17,730.12 shown
for Midway City will be added to the total allocation of $173,755.13 shown for the
Orange County Sheriff's Department.