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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SEAL BEACH
AND
THE COUNTY OF ORANGE
FOR
PUBLIC SAFETY REALIGNMENT AND POSTRELEASE COMMUNITY SUPERVISION
ENHANCED LAW ENFORCEMENT OVERTIME SERVICES
This Memorandum of Understanding, hereinafter referred to as "MOU", entered into this
17th day of April, 2012,which date is enumerated for purpose of reference only, is by and
between the City of Seal 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, 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. 11-
11 1, 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 PCS 2011 Implementation Plan included an allocation of$692,354 from
the state funding granted to the County for fiscal year 2011-12, for enhanced municipal law
enforcement services,as needed to achieve the objectives of public safety realignment; and
WHEREAS, the parties to this MOU wish to establish the policies, procedures, cost
reimbursement requirements, and other matters pertaining to the provision by City of such
enhanced law enforcement services, for fiscal year 2011-12 and subsequent fiscal years, as
necessary.
NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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1.0 TERM
The initial term of this MOU shall begin on October 1, 2011 and expire on June 30,2012,
concurrent with the ending date of the initial funding appropriated by the state for the
implementation of AB 109 and subsequent related legislation. Thereafter,this MOU may
be renewed for succeeding 12-month periods of July I-June 30, 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 by the state legislature for subsequent fiscal
years, 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 OCCCP Executive Committee approval of the allocations of such state appropriation
to local resources and needs, including enhanced municipal law enforcement
services.
2.0 ENHANCED MUNICIPAL LAW ENFORCEMENT OVERTIME SERVICES
2.1 New Populations under County 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 supervised release.
2.2 PCS 2011 Implementation Plan: Pursuant to the PCS 2011 Implementation Plan
approved by the OCCCP Executive Committee and accepted by the Orange County
Board of Supervisors on October 18, 2011, municipal law enforcement agencies may
be requested to provide enhanced services as needed to achieve the objectives of
public safety realignment. The OCCCP Executive Committee has approved, and the
County's Board of Supervisors has accepted,a total maximum allocation of$692,354
for fiscal year 2011-12 for enhanced municipal law enforcement services to assist OC
Probation with realignment services. For such services actually provided as
requested by OC Probation, municipal law enforcement agencies will be individually
compensated solely from the total maximum $692,354 allocation until such amount
is depleted. For subsequent fiscal years,the continued provision of enhanced
municipal law enforcement services will be subject to new or additional state funding
as described in section 1 of this MOU.
2.3 Information on New Populations under County Jurisdiction: OC Probation will
provide City with a "Notice of Supervision"with regard to individuals scheduled by
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the state for PCS release, as described in section 2.1.1 herein. Requests for
information on particular individuals placed on supervised release,as described in
section 2.1.2, may be directed to OC Probation, as needed.
2.4 Scope of Enhanced Municipal Law Enforcement Services: At various times that are
determined necessary by OC Probation, County may request the services of City law
enforcement personnel to check the compliance of offenders described in section 2.1
above with their conditions of supervision, by accompanying OC Probation peace
officers in conducting the following activities, commonly termed as "sweeps",
outside of regular work hours, as overtime services:
2.4.1 Ascertaining the whereabouts of persons described in section 2.1 of this
MOU and known to reside within City's geographical boundaries
2.4.2 Making searches and seizures, as appropriate
2.4.3 Performing 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
2.4.4 Making arrests for violations of supervision conditions or for active warrants
for persons described in section 2.1
2.4.5 Documenting the circumstances of arrests and new law violations
3.0 RESPONSIBILITIES OF PARTIES
3.1 County, through OC Probation, shall:
3.1.1 As needed, and subject to the provisions of section 6 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, including the services provided by City
under this MOU
3.1.2 Request the overtime services described in section 2.4 of this MOU, as
needed to accomplish specific objectives
3.1.3 Coordinate the scheduling of such overtime services with City's designated
law enforcement personnel
3.1.4 In advance of the scheduled overtime services, provide specific information
to City law enforcement personnel identifying the names, addresses,and
known associations of the intended sweep subjects
3.1.5 Provide County vehicles for OC Probation peace officers assigned to
accompany City law enforcement personnel in the performance of the
overtime services requested
3.1.6 Participate in briefing sessions prior to and upon completion of scheduled
activities
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3.1.7 Compensate City for services provided under this MOU in accordance with
section 4.0 herein
3.1.8 Oversee the administrative processes for billing and compensation of
overtime services
3.1.9 Financially monitor the usage of the amount annually approved by the
OCCCP Executive Committee for enhanced law enforcement services, so as
not to exceed the maximum allocation made available from state funding for
each fiscal year
3.2 City, through its Police Department, shall:
3.2.1 Provide the number of City peace officers scheduled to perform the enhanced
services requested by County, for approval by OC Probation
3.2.2 If necessary and in advance of the scheduled overtime services, and subject
to approval by OC Probation, request that certain individuals under PCS be
added to the scheduled sweep, including the reasons for such request
3.2.1 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 6 of this MOU
3.2.2 Provide police vehicles for City law enforcement personnel to conduct the
scheduled activities
3.2.3 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 7 of this MOU
3.2.4 Complete and maintain probable cause, arrest, booking, and other
documents pertinent to the scheduled activities as completed
3.2.5 Maintain timekeeping and payroll documentation supporting the submittal
of invoices claiming compensation from County for overtime services
rendered by law enforcement personnel under this MOU
4.0 COMPENSATION
County shall pay City for the cost of overtime services rendered by law enforcement
personnel assigned to perform services under this MOU,as follows:
4.1 Regular Position: The law enforcement personnel assigned by City to perform
overtime 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.
4.1.1 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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4.2 Overtime Work: Law enforcement personnel may be assigned by City to perform
services under this MOU, 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.
4.2.1 No-Supplanting Overtime Work: City acknowledges its understanding that:
(a)the overtime 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 overtime hours.
4.2.2 At all times during any particular action under this MOU, each party'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 party is responsible for the actions of
another party's personnel. Any evaluation and investigation of any
complaints regarding any party or its personnel shall be referred to the party
at issue.
5.0 FINANCIAL ACCOUNTABILITY
5.1 City shall submit invoices to County for services rendered under this MOU, with the
following information:
5.1.1 Date of service
5.1.2 Name(s) of City law enforcement personnel who rendered the services,with
their hourly and overtime rates, and number of service hours performed
under this MOU
5.1.3 City's name and address
5.1.4 City's remittance address, if different from above
5.1.5 City's federal taxpayer identification number
5.1.6 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."
5.2 City's invoices shall be subject to verification and approval of services provided by
the OC Probation PCS Division Director,and shall be mailed to:
Orange County Probation Department
Attention: PCS Division Director
P.O. Box 10260
Santa Ana,CA 92711
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5.3 Payment by County to City will be within 30 days of receipt of an invoice in the
format specified in section 5.1 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 performing all services and for
furnishing all staffing and materials required, and for any reasonably unforeseen
difficulties or risks which may arise or be encountered in the performance of services
under this MOU.
5.3 County reserves the right to verify City's source documents related to the provision of
services under this MOU. County shall have access to any books, 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.
6.0 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,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.
7.0 PERMISSION TO USE CITY 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.
8.0 MUTUAL INDEMNIFICATION
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
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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.
9.0 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.
10.0 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
approved by the Orange County Community Corrections Partnership and accepted by the
County's 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.
11.0 CONFIDENTIALITY:
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.
12.0 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.
13.0 NOTICES:
Any notices required or permitted to be given under this MOU shall be in writing and
addressed as follows:
Notices to City:
Seal Beach Police Department
Attention: Linda Devine, City Clerk
911 Seal Beach Boulevard
Seal Beach, CA 90740
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Notices to County:
Orange County Probation Department
Attention: PCS Division Director
P.O. Box 10260
Santa Ana, CA 92711
14.0 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 SEAL BEACH
By: �/ � _ Dated: b 02(.� l�
Michael P. Levitt,Mayor /
ATTEST: /fitbad— A. ,.J. '
V Li da Devine, ity Clerk
APPROVED AS TO FORM:
By: V Dated: 2t/a,5i/2--
Quinn Barrow, City Attorney
COUNTY OF ORANGE: /
By: �I A i ► ' SS Dated: S! v(r±
teven J. Sentman
Chief Probation Officer
Seal Beach OT Svcs MOU 6-5-12
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