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17-0501_ORANGE, COUNTY OF_Agenda Report_E7 61612017 D.. E7 yy i City of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: ;�Ilen Siegel, City Manager SUBMITTED BY: Jacob Green, Assistant City Manager ' DATE: June 6, 2017 SUBJECT: Consideration of the Second Amendment to the Law Enforcement Services Agreement for Fiscal Year 2.017-18 (Orange County Sheriff's Department) RECOMMENDATION: Approve the Second Amendment to the Five-year Agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services with the third year financial obligation of $9,729,656, from July 1, 2017 to June 30, 2018, subject to the approval of the Operating Budget for Fiscal Year 2017-18. EXECUTIVE SUMMARY: The City of San Juan Capistrano has contracted with the County of Orange via the Orange County Sheriffs Department (OCSD) for law enforcement services since incorporating in 1961. This is the second amendment to the five-year agreement (Attachment 1) that began on July 1, 2015. Staff is recommending approval of the Second Amendment (Attachment 2) to the Five- Year Law Enforcement Services Agreement (Agreement). The cost for law enforcement services for Fiscal Year 2017-18 is $9,729,656, which is an 8.44% increase compared to the final adjusted Fiscal Year 2016-17 cost. The primary cause for the increase is salary and wage increases resulting from completed contract negotiations between the County of Orange Board of Supervisors and the OCSD labor unions, and the application of vacancy credits. DISCUSSION/ANALYSIS The Five-Year Law Enforcement Services Agreement with the OCSD was initiated on July 1, 2015 and will terminate on June 30, 2020.. This Agreement requires the County City Council Agenda Report June 6, 2017 Page 2 of 4 to submit a proposed staffing level and financial obligation update each year to the Council for approval. The OCSD has therefore submitted the Second Amendment to the Agreement for Council approval for the period of July 1, 2017 to June 30, 2018. The attached document entitled "OCSD Law Enforcement Contract Assumptions" details the Second Amendment justifications (Attachment 3). The Fiscal Year 2017-18 direct staffing level of 30 full-time Orange County Sheriff's employees is the same as Fiscal Year 2016-17. The following chart depicts the City's dedicated law enforcement staffing resources: QUANTITY DEDICATED POSITIONS 1 Lieutenant 5 Sergeant 4 Patrol+ 1 Administrative 2 Invest' ator 15 DS II Patrol 2 DS II Motorcycle 1 DS II Community Support 1 DS II-DET DS II-Extra_Help 27 Subtotal Safety 2 Community Services Officer 1 Crime Prevention Specialist 3 Subtotal Professional 30 TOTAL The City also shares law enforcement resources with other South Orange County cities. In Fiscal Year 2017-18, the City will share resources of 17.90 full-time employees, a slight increase from Fiscal Year 2016-17 as the Motorcycle Sergeant position (previously shared 50% with Mission Viejo and 50% to cities with motor deputies) was reallocated and relocated to the Southwest Operations/Traffic Bureau. For Fiscal Year 2017-18, 100% of the Motorcycle Sergeant position and associated costs has been allocated to all cities with motor deputies. San Juan Capistrano is responsible for 6.897% of this allocation. The following chart depicts the City's shared law enforcement staffing resources: QUANTITY REGIONAL/SHARED STAFF %ALLOCATION 06 { Traffic-Sergeant 7.31% 4 Traffic-Deputy Sheriff 11 7.31% 2 Traffic-Investigative Assistant 7.31% 1 Traffic-Office Specialist 7.31% 0.3 Auto Theft-Sergeant 6.77% 2 Auto Theft-Investigator 6.77% 1 Auto Theft-Investigative Assistant 6.77% 1 Auto Theft-Office Specialist 6.77% 1 DET-Sergeant 11.93% City Council Agenda Report June 6, 2017 Page 3 of 4 1 DET-Investigator 11.93% 1 Sub oena-Office Specialist 6.95% 2 Courts-Investigative Assistant 21.83% 1 Motorcycle Sergeant+MDC 6.90% 17.90 TOTAL In addition to these resources, the OCSD provides the City with specialized resources, such as, Special Weapons and Tactics (SWAT), Mounted Enforcement Units, a Homicide Investigation Unit, and specialized investigation units focused on areas such as economic crimes and gang suppression. The OCSD provides outstanding law enforcement services to the residents, businesses and visitors of San Juan Capistrano, and maintains the City's position as a safe community with a very low crime rate. While a contract with the OCSD is much less expensive than creating and operating a full-service law enforcement organization, staff is working with OCSD management and South Orange County cities to examine escalating contract costs and search for efficiencies and best practice deployment approaches. FISCAL IMPACT: The third year financial obligation of the Five-Year Law Enforcement Agreement for Fiscal Year 2017-18 is $9,729,656 which is an 8.44% increase as compared to the final adjusted Fiscal Year 2016-17 amount of$8,972,187. ENVIRONMENTAL IMPACT: In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3), the general rule that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Approval of the Second Amendment to the Five-Year Law Enforcement Services Agreement with the Orange County Sheriffs Department would not be an activity with potential to cause significant effect on the environment and therefore exempt from CEQA. PRIOR CITY COUNCIL REVIEW: • On June 15, 2015, the Council approved the Five-Year Agreement for Law Enforcement Services between the City of San Juan Capistrano and the County of Orange. City Council Agenda Report June 6, 2017 Page 4 of 4 On June 21, 2016, the Council approved the First Amendment to the Five-Year Agreement for Law Enforcement Services between the City of San Juan Capistrano and the County of Orange. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable.. NOTIFICATION: Lt. Scott Spalding, Chief of Police Services ATTACHMENT (S): Attachment 1 — Five-Year Agreement for Law Enforcement Services Attachment 2 — Fiscal Year 2017-18 Law Enforcement Services Agreement Attachment 3 — Fiscal Year 2017-18 Assumptions/Adjustments I FINE—YEAR AGREEMENT 2 BETWEEN THE 3 CITY OF SAN JUAN CAPISTRANO 4 AND THE 5 COUNTY OF ORANGE 6 7 THIS AGREEMENT, entered into this First day of May 2015, which s date is enumerated for purposes of reference only, by and between the CITY OF 9 SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and the COUNTY OF 10 ORANGE, a political subdivision of the State of California, hereinafter referred to as 11 "COUNTY." 12 WITNESSETH: 13 WHEREAS, CITY wishes to contract with COUNTY for law 14 enforcement services; and 15 WHEREAS, COUNTY is agreeable to the rendering of such services, 16 as authorized in Government Code Sections 51301 and 55632, on the terms and 17 conditions hereinafter set forth. 18 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 19 20 21 22 23 H 24 // 25 H 2& 27 28 H Page 1 of 26 ATTACHMENT 1 1 TABLE OF CONTENTS 2 3 SECTION PAGE 4 A. Term 3 s B. Optional Termination 3 6 C. Regular Services by COUNTY 3 7 D. Enhanced and Supplemental Services by County 7 s E. Patrol Video Systems g s F. Licensing Services by CITY 11 10 G. Payment 11 11 H. Notices 17 12 I. Status of COUNTY 18 13 J. State Audit 18 14 K. Alteration of Terms 19 15 L. Indemnification 19 16 M. Traffic Violator Apprehension Program 20 17 N. Mobile Data Computers 23 18 O. E-Citation Units 24 19 Signature Page 26 20 21 22 23 24 // 25 // 26 H 27 H 28 H Page 2 of 26 1 A. TERM: 2 The term of this Agreement shall, be for five (5) years, commencing July 1, 3 2015 and terminating June 30, 2020, unless earlier terminated by either party 4 in the manner set forth herein. 5 B. OPTIONAL TERMINATION: 6 COUNTY or CITY may terminate=this Agreement, without cause, upon one- 7 hundred and eighty (180) days written notice to the other party. a C. REGULAR SERVICES BY COUNTY: s 1. COUNTY, through its Sheriff-Coroner and deputies, officers and 10 employees, hereinafter referred to as "SHERIFF," shall render to CITY law 11 enforcement services as hereinafter provided. Such services shall include 12 the enforcement of lawful State statutes and lawful municipal ordinances of 13 CITY other than licensing ordinances. 14 2. The night, day and evening patrol and supervisory shifts will be established 15 by SHERIFF. Personnel of each shift may work varying and different times 16 and may be deployed to other shifts when, in the opinion of SHERIFF and 17 CITY Manager, the need arises. Any long-term shift deployment change 18 will be reported to the City Council. 19 3. Each fiscal year, COUNTY shall submit to CITY, in writing, a 20 recommended level of service for the following fiscal year. CITY shall 21 remit to COUNTY, in writing, its response to the recommended level of 22 service. If the parties are unable to agree by June 30 of any fiscal year on 23 the level of service to be provided by COUNTY to CITY or on the amount 24 to be paid by CITY for services to be provided by COUNTY for the 25 following fiscal year, this Agreement will terminate as of September 30 of 2s the following fiscal year. If the parties do not agree by June 30 on the level 27 of service and cost of service for the following fiscal year, between July 1 28 and September 30 of the following fiscal year, COUNTY will provide Page 3 of 26 I C. REGULAR SERVICES BY COUNTY: (Continued) 2 the level of service provided in preceding fiscal year, and CITY shall be 3 obligated to pay the costs of such services. The full cost of such services 4 may emceed the cost of similar services provided in the prior fiscal year. 5 4. The level of service, other than for licensing, to be provided by the 6 COUNTY for the period July 1, 2015 through June 30, 2016, shall be as 7 follows: 8 Management: 9 ® One (1) Lieutenant 10 Supervision: 11 Four (4) Sergeants — Patrol 12 (each 80 hours per two week pay period) 13 ® One (1) Sergeant—Administrative 14 (80 hours per two-week pay period) 15 Investigation Services: 16 Two (2) Investigators 17 (each 80 hours per two-week pay period) 18 Patrol/Traffic Services: 19 ® Fourteen (14) Deputy Sheriff lis - Patrol 20 (each 80 hours per two-week pay period) 21 ® One (1) Deputy Sheriff 11 — Special Enforcement 22 (Directed Enforcement Team -- DET) 23 (80 hours per two-week pay period) 24 ® Three (3) Deputy Sheriff IIs - Motorcycle 25 (each 80 hours per two-week pay period) 26 Deployment to be determined by SHERIFF in cooperation with CITY 27 manager. 28 H Page 4 of 26 1 C. REGULAR SERVICES BY COUNTY: (Continued) 2 Community Support Unit: 3 0 One (1) Deputy Sheriff 11 4 (80 hours per two-week pay period) 5 0 One (1) Crime Prevention Specialist 6 (80 hours per two-week pay period) 7 Parking Control: 8 e Two (2) Community Services Officers 9 (each 80 hours per two-week pay period) 10 Regional/Shared Staff: 11 0 7.91 percent of sixty one hundredths of one (0.60) Sergeant—Traffic 12 0 7.91 percent of four (4) Deputy Sheriff Its—Traffic 13 0 7.91 percent of two (2) Investigative Assistants—Traffic 14 ® 7.91 percent of one (1) Office Specialist—Traffic 15 0 5.38 percent of thirty one hundredths of one (0.30) Sergeant— 16 Auto Theft 17 • 5.38 percent of two (2) Investigators—Auto Theft 18 0 5.38 percent of one (1) Investigative Assistant—Auto Theft 19 • 5.38 percent of one (1) Office Specialist— Auto Theft 20 0 12.21 percent of one (1) Sergeant— Directed Enforcement Team (DET) 21 0 12.21 percent of one (1) Investigator— Directed Enforcement Team (DET) 22 0 6.97 percent of one (1) Office Specialist - Subpoena 23 0 13.86 percent of two (2) Investigative Assistants —Court 24 0 9.38 percent of one half of one (0.50) Motorcycle Sergeant 25 5. For any service listed in Subsection C-4 of this Agreement that is provided 26 to CITY at less than 100% of a full-time SHERIFF position, COUNTY 27 retains the option to terminate such service in the event the other city or 28 cities which contract(s) for the valance of the time of the employee Page 5 of 26 1 C. REGULAR SERVICES BY COUNTY: (Continued) 2 providing the service no longer pay(s) for such service and CITY does not s request the Agreement be amended to pay 100% of the cost of the 4 employee providing such service. The Maximum Obligation of CITY set 5 forth in Subsection G-3 will be adjusted accordingly. 6 6. All services contracted for in this Agreement may not be operational on the 7 precise date specified in this Agreement. In those instances, SHERIFF s shall notify CITY Manager of the date or dates such service or services are 9 to be implemented. SHERIFF shall reduce the monthly charges to CITY, 10 based on the actual date of implementation of the service or services. 11 Charges shall be reduced on the next monthly billing tendered in 12 accordance with Subsection G-6 of this Agreement. 13 7. During emergencies, such as a mutual aid situation, SHERIFF will attempt 14 to leave in CITY the Lieutenant in charge of CITY Police Services. If 15 SHERIFF determines that the Lieutenant is needed elsewhere, SHERIFF 16 will notify CITY's Manager within four (4) hours. SHERIFF will return the 17 Lieutenant to CITY as soon as possible once the emergency situation is 18 under control. 19 8. With respect to the licensing ordinances of CITY listed in Attachment A 20 hereto, which is incorporated herein by this reference, SHERIFF shall 21 receive applications for CITY licenses pursuant to said ordinances and 22 complete investigations relating to such applications. Said investigations 23 shall be forwarded to CITY Manager. COUNTY shall not provide any 24 advisory, administrative, hearing or litigation attorney support or services 25 related to licensing. COUNTY shall not provide any administrative or 26 investigatory services related to the licensing ordinances listed in 27 Attachment A, hereto, except the investigations relating to initial 28 applications for which this subsection provides. Page 6 of 26 1 C. REGULAR SERVICES BY COUNTY: (Continued) 2 9. COUNTY or CITY, upon thirty (30) days notice and mutual written 3 agreement, shall increase or decrease the service levels provided herein, 4 and the obligation of CITY to pay for services shall be concomitantly 5 adjusted. 6 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: 7 1. Enhanced services for events on CITY property. At the request of CITY, 8 through its City Manager, SHERIFF may provide enhanced law enforcement 9 services for functions, such as community events, conducted on property that is 10 owned, leased or operated by CITY. SHERIFF shall determine personnel and 11 equipment needed for such enhanced services. To the extent the services 12 provided at such events are at a level greater than that specified in Subsection 13 C-4 of this Agreement, CITY shall reimburse COUNTY for such additional 14 services, at an amount computed by SHERIFF, based on the current year's 15 COUNTY law enforcement cost study. The cost of these enhanced services 16 shall be in addition to the Maximum Obligation of CITY set forth in Subsection 17 G-3 of this Agreement. SHERIFF shall bill CITY immediately after each such 18 event. 19 2. Supplemental services for occasional events operated by_prjvate individuals 20 and entities on non-CITY propeft, At the request of CITY, through its City 21 Manager, and within the limitations set forth in this subsection D-2, SHERIFF 22 may provide supplemental law enforcement services to preserve the peace at 23 special events or occurrences that occur on an occasional basis and are 24 operated by private individuals or private entities on non-CITY property. 25 SHERIFF shall determine personnel and equipment needed for such 26 supplemental services, and will provide such supplemental services only if 27 SHERIFF is able to do so without reducing the normal and regular ongoing 28 services that SHERIFF otherwise would provide to CITY pursuant to this Page 7 of 26 1 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) 2 Agreement. Such supplemental services shall be provided only by regularly 3 appointed full-time peace officers, at rates of pay governed by a Memorandum 4 of Understanding between COUNTY and the bargaining unit(s) representing 5 the peace officers providing the services. Such supplemental services shall 6 include only law enforcement duties and shall not include services authorized 7 to be provided by a private patrol operator, as defined in Section 7582.1 of the s Business and Professions Code. Law enforcement support functions, s including, but not limited to, clerical functions and forensic science services, 10 may be performed by non-peace officer personnel if the services do not 11 involve patrol or keeping the peace and are incidental to the provision of law 12 enforcement services. CITY shall reimburse COUNTY its full, actual costs of 13 providing such supplemental services at an amount computed by SHERIFF, 14 based on the current year's COUNTY law enforcement cost study. The cost 15 of these supplemental services shall be in addition to the Maximum Obligation 16 of CITY set forth in Subsection 6-3 of this Agreement. SHERIFF shall bill 17 CITY immediately after each such event. 18 3. Supplemental services for events operated by public entities on non-CITY 1srp oppay. At the request of CITY, through its City Manager, and within the 20 limitations set forth in this subsection D-3, SHERIFF may provide 21 supplemental law enforcement services to preserve the peace at special 22 events or occurrences that occur on an occasional basis and are operated by 23 public entities on non-CITY property. SHERIFF shall determine personnel and 24 equipment needed for such supplemental services, and will provide such 25 supplemental services only if SHERIFF is able to do so without reducing 26 services that SHERIFF otherwise would provide to CITY pursuant to this 27 Agreement. CITY shall reimburse COUNTY its full, actual costs of providing 28 such supplemental services at an amount computed by SHERIFF, based on Page 8 of 26 1 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) z the current year's COUNTY law enforcement cost study. The cost of these 3 supplemental services shall be in addition to the Maximum Obligation of CITY 4 set forth in Subsection G-3 of this Agreement. SHERIFF shall bill CITY 5 immediately after each such event. s 4. Notwithstanding the foregoing, CITY, through its permit process, may utilize the 7 services of SHERIFF at events, for which CITY issues permits, that are s operated by private individuals or entities or public entities. SHERIFF shall 9 determine personnel and equipment needed for said events. If said events 10 are in addition to the level of services listed in Subsection C-4 of this 11 Agreement, CITY shall reimburse COUNTY for such additional services at an 12 amount computed by SHERIFF, based upon the current year's COUNTY law 13 enforcement cost study. The cost of these services shall be in addition to the 14 Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement. 15 SHERIFF shall bill CITY immediately after said services are rendered. 16 5. In accordance with Government Code 51350, COUNTY has adopted Board 17 Resolution 89-1160 which identifies Countywide services, including but not is limited to helicopter response. SHERIFF through this contract provides 19 enhanced helicopter response services. The cost of enhanced helicopter 20 response services is included in the cost of services set forth in Subsection G- 21 2 and in the Maximum Obligation of CITY set forth in Subsection G-3. 22 COUNTY shall not charge any additional amounts for enhanced helicopter 23 services after the cost of services set forth in Subsection G-2 and in the 24 Maximum Obligation set forth in Subsection G-3 has been established in any 25 fiscal year without written notification to the CITY. 26 E. PATROL VIDEO SYSTEMS: 27 1. As part of the law enforcement services provided to CITY, COUNTY has 28 provided, or will provide patrol video systems (hereinafter called "PVS") Page 9 of 26 1 E. PATROL VIDEO SYSTEMS: (Continued) 2 that will be mounted in the patrol vehicles designated by COUNTY for use 3 within CITY service area. 4 2. SHERIFF has the exclusive right to use said PVS for law enforcement 5 services related to this Agreement. 6 3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and 7 installation of Patrol Video Systems that are or will be mounted in patrol s vehicles assigned to CITY, and b) recurring costs, as deemed necessary by s COUNTY, including the costs of maintenance and contributions to a fund for 10 replacement and upgrade of such PVS when they become functionally or 11 technologically obsolete. 12 The costs to be paid by CITY for recurring costs, including maintenance and 13 replacement/upgrade of PVS, are included in the costs set forth in 14 Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection 15 G-3 of this Agreement unless CITY has already paid such costs. CITY shall 16 not be charged additional amounts for maintenance or replacement/upgrade 17 of said PVS during the period July 1, 2015 through June 30, 2016. is 4. If, following the initial acquisition of PVS referenced above, CITY requires 19 PVS for additional patrol cars designated for use in the CITY service area, 20 COUNTY will purchase said additional PVS. Upon demand by COUNTY, 21 CITY will pay to COUNTY a) the full costs of acquisition and installation of 22 said additional PVS, and b) the full recurring costs for said PVS, as deemod 23 necessary by COUNTY, including the costs of maintenance, and 24 contributions to a fund for replacement and upgrade of such PVS when they 25 become functionally or technologically obsolete. Said costs related to 26 additional PVS are not included in, and are in addition to, the costs set forth 27 in Subsection G-2 and the Maximuri Obligation of CITY set forth in 26 Subsection G-3 of this Agreement. Page 10 of 26 1 E. PATROL VIDEO SYSTEMS: (Continued) 2 5. County will replace and/or upgrade PVS as needed. The costs of 3 replacing/upgrade PVS shall be paid by COUNTY from the 4 replacement/upgrade funds to be paid by CITY in accordance with the 5 foregoing. CITY shall not be charged any additional charge to replace or 6 upgrade PVS. 7 F. LICENSING SERVICES BY CITY: 8 Upon receipt from SHERIFF of investigations of applications for licenses 9 referred to in Subsection C-8 of this Agreement, CITY Manager shall 10 determine whether to grant or deny the licenses and will issue the licenses or 11 notify the applicants of denial. CITY shall provide all attorney services related 12 to the granting, denial, revocation and administration of said licenses and the 13 enforcement of CITY ordinances pertaining to said licenses. 14 G. PAYMENT: 15 1. Pursuant to Government Code Section 51350, CITY agrees to pay to 16 COUNTY the full costs of performing the services mutually agreed upon in 17 this Agreement. The cost of services includes salaries, wages, benefits, 18 mileage, services, supplies, equipment, and divisional, departmental and 19 COUNTY General overhead. 20 2. Unless the level of service described in Subsection C-4 is increased or 21 decreased, or CITY is required to pay for increases as set forth in 22 Subsection G-4, the cost of services described in Subsection C-4 of this 23 Agreement, other than Licensing Services, to be provided by the COUNTY 24 for the period July 1, 2015 through June 30, 2016, shall be as follows: 25 SERVICE COST OF SERVICE 26 Management: 27 a One (1) Lieutenant 28 @ $319,245/each $ 315,245 Page 11 of 26 1 G. PAYMENT: (Continued) 2 SERVICE COST OF SERVICE 3 Supervision: 4 a Four (4) Sergeants - Patrol 5 @ $277,869/each $ 1,111,476 6 a One (1) Sergeant-Administrative 7 @ $277,869/each $ 277,869 a Investigation Services: 9 a Two (2) Investigators 10 @ $275,999/each $ 551,998 11 Patrol/Traffic Services: 12 a Fourteen (14) Deputy Sheriff IIs - Patrol 13 I @ $230,739/each $ 3,230,346 14 a One (1) Deputy Sheriff II — Special Enforcement 15 (Directed Enforcement Team — DET) 16 @ $230,739/each $ 230,739 17 6 Three (3) Deputy Sheriff ils - Motorcycle 18 @ $235,922/each $ 707,766 19 Community Support Unit: 20 • One (1) Deputy Sheriff It 21 @ $230,739/each $ 230,739 22 • One (1) Crime Prevention Specialist 23 @ $92,906/each $ 92,906 24 Parking Control: 25 ® Two (2) Community Services Officers 26 @ $114,356/each $ 228,712 27 28 Page 12 of 26 1 G. PAYMENT: (Continued) 2 SERVICE COST OF SERVICE 3 Regional/Shared Staff: 4 6 7.911% of sixty one hundredths of one (0.60) Sergeant - Traffic 5 @ $281,289/each $ 13,350 6 e 7.91% of four (4) Deputy Sheriff IIs - Traffic 7 @ 245,706/each $ 77,741 8 e 7.91% of two (2) Investigative Assistants - Traffic 9 @ $115,074/each $ 18,205 10 • 7.91% of one (1) Office Specialist - Traffic 11 @ $92,928/each $ 7,351 12 • 5.38% of thirty one hundredths of one (0.30) Sergeant—Auto Theft 13 @ $280,513/each $ 4,527 14 • 5.38% of two (2) Investigators —Auto Theft 15 @ $251,035/each $ 27,011 16 • 5.38% of one (1) Investigative Assistant—Auto.Theft 17 @ $119,265/each $ 6,416 18 • 5.38% of one (1) Office Specialist—Auto Theft 19 @ $91,9801/each $ 4,949 20 a 12.21% of one (1) Sergeant— Directed Enforcement Team (DET) 21 @ $379,854/each $ 46,380 22 e 12.21% of one (1) Investigator— Directed Enforcement Team (DET) 23 @ $300,961/each $ 36,747 24 a 6.97% of one (1) Office Specialist-- Subpoena 25 @ $84,796/each $ 5,910 26 13.86% of two (2) Investigative Assistants — Court 27 @ $116,732/each $ 32,358 28 Page 13 of 26 1 G. PAYMENT: (Continued) 2 SERVICE COST OF SERVICE 3 9.38% of one half of one (0.50) Motorcycle Sergeant 4 @ $308,496/each $ 14,468 5 Other Charges and Credits, $ 1,176,721 6 Charges: Annual leave paydowns and apportionment of cost of 7 leave balances paid at end of employment; premium pay for a bilingual staff; contract administration; data line charges; direct 9 services and supplies; E-citation; enhanced helicopter response 10 services; facility lease; holiday pay: comp and straight time; 11 Integrated Law & Justice Agency of Orange County; mobile data 12 computer (MDC) recurring costs; on-call pay; overtime; patrol 13 training cost allocation; patrol video system (PVS) recurring costs; 14 retirement rate discount expenses (interest and cost of issuance); 15 training; transportation costs including vehicle fuel, mileage 16 interest for replacement vehicles and maintenance. 17 Credits: Local assistance funding; false alarm fees; overtime rate 18 adjustment; reimbursement for training and miscellaneous 19 programs; retirement rate discount FY 2015.16. 20 TOTAL COST OF SERVICES $ &.453,91 21 3. Unless the level of service described in Subsection C-4 is increased or 22 decreased, or CITY is required to pay for increases as set forth in 23 Subsection G-4, the Maximum Obligation of CITY for services, other than 24 Licensing Services that are referenced in Subsection C-4 of this Agreement 25 and rendered by COUNTY between July 1, 2015 and June 30, 2016, is 26 $8,453,930. 27 26 Page 14 of 26 i G. PAYMENT: (Continued) 2 4-a. At the time this Agreement is executed, there are unresolved issues 3 pertaining to potential changes in salaries and benefits for COUNTY 4 employees. The costs of such potential changes are not included in the 5 FY 2015-16 cost set forth in subsection G-2 nor in the FY 2015-16 s Maximum Obligation of CITY set forth in Subsection G-3 of this 7 Agreement. If the changes result in the COUNTY incurring or becoming 8 obligated to pay for increased cost for or on account of personnel whose s costs are included in the calculations of costs charged to CITY hereunder, 10 CITY shall pay COUNTY, in addition to the Maximum Obligation set forth 11 in Subsection G-3 of this Agreement, the full costs of said increases to the 12 extent such increases to the are attributable to work performed by such 13 personnel during the period July 1, 2015 through June 30, 2016, and 14 CITY's Maximum Obligation hereunder shall be deemed to have 15 increased accordingly. CITY shall pay COUNTY in full for such increases 16 on a pro-rata basis over the portion of the period between July 1, 2015 17 and June 30, 2016 remaining after COUNTY notifies CITY that increases 18 are payable. If the changes result in the COUNTY incurring or becoming 19 obligated to pay for decreased costs for or on account of personnel whose 20 costs are included in the calculations of costs charged to CITY hereunder, 21 COUNTY shall reduce the amount owed by the CITY to the extent such 22 decreases are attributable to work performed by such personnel during 23 the period July 1, 2015 through June 30, 2016, and CITY's Maximum 24 Obligation hereunder shall be deemed to have decreased accordingly. 25 COUNTY shall reduce required payment by CITY in full for such 26 decreases on a pro-rata basis over the portion of the period between July 27 1, 2015 and June 30, 2016 remaining after COUNTY notifies CITY that 28 the Maximum Obligation has decreased. Page 15 of 26 1 G. PAYMENT: (Continued) 2 4-b. If CITY is required to pay for increases as set forth in Subsection G-4a 3 above, COUNTY, at the request of CITY, will thereafter reduce the level 4 of service to be provided to CITY pursuant to Subsection C-4 of this 5 Agreement to a level that.will make the Maximum Obligation of CITY 6 hereunder for the period July 1, 2015 through June 30, 2016 an amount 7 specified by CITY that is equivalent to or higher than the Maximum 8 Obligation set forth in Subsection G-3 for said period at the time this s Agreement originally was executed. The purpose of such adjustment of 10 service levels will be to give CITY the option of keeping its Maximum 11 Obligation hereunder at the pre-increase level or at any other higher or 12 lower level specified by CITY. In the event of such reduction in level of 13 service and adjustment of costs, the parties shall execute an amendment 14 to this Agreement so providing. Decisions about how to reduce the level 15 of service provided to CITY shall be made by SHERIFF with the approval 16 of CITY. 17 5. The Maximum Obligation of CITY for services provided for the 12-month 18 periods commencing July 1, 2016, 2017, 2018 and 2019, will be 19 determined annually by COUNTY and approved by CITY. 20 6. COUNTY shall invoice CITY monthly, one-twelfth (1/12) of the Maximum 21 Obligation of CITY. If a determination is made that increases described in 22 Subsection G-4 must be paid, COUNTY thereafter shall include the pro- 23 rata charges for such increases in its monthly invoices to CITY for the 24 balance of the period between July 1, 2015 and June 30, 2016. 25 7. CITY shall pay COUNTY in accordance with COUNTY Board of 26 Supervisors' approved County Billing Policy, which is attached hereto as 27 Attachment B, and incorporated herein by this reference. 28 H Page 16 of 26 1 G. PAYMENT: (Continued) 2 8. COUNTY shall charge CITY late payment penalties in accordance with s County Billing Policy. 4 9. As payment for the Licensing Services described in Subsection C-8 of this 5 Agreement, COUNTY shall retain all fees paid by applicants for licenses, s pursuant to CITY ordinances listed in Attachment A hereto. Retention of 7 said fees by COUNTY shall constitute payment in full to COUNTY for costs 8 incurred by COUNTY in performing the functions related to licensing 9 described in Subsection C-8; provided, however, that if any of said fees are 10 waived or reduced by CITY, CITY shall pay to COUNTY the difference 11 between the amount of fees retained by COUNTY and the fees that were 12 set forth in the ordinances listed in Attachment A as of July 1, 2015. 13 Should CITY increase the fee- schedule for the licensing ordinances set 14 forth in Attachment A, either party shall have the right to seek amendment 15 of this Agreement with respect to the division of the increased fees 16 between CITY and COUNTY. 17 10. Fees generated or collected by'SHERIFF contract personnel for copying of 18 documents related to the services provided in this Agreement will be at 19 COUNTY-established rates and will be credited to CITY on an annual 20 basis. 21 11. Narcotic asset forfeitures will be handled pursuant to Attachment C hereto, 22 which is incorporated herein by this reference. 2s H. NOTICES: 24 1. Except for the notices provided for in Subsection 2 of this Section, all 25 notices authorized or required by this Agreement shall be effective when 26 written and deposited in the United States mail, first class postage prepaid 27 and addressed as follows: 28 11 Page 17 of 26 1 H. NOTICES: (Continued) 2 CITY: ATTN: CITY MANAGER 3 32400 PASEO ADELANTO 4 SAN JUAN CAPISTRANO, CA 92675 5 COUNTY: ATTN: CONTRACT MANAGER 6 SHERIFF-CORONER DEPARTMENT 7 320 NORTH FLOWER STREET, SUITE 108 8 SANTA ANA, CA 92703 9 2. Termination notices shall be effective when written and deposited in the 10 United States mail, certified, return receipt requested and addressed as 11 above. 12 I. STATUS OF COUNTY: 13 COUNTY is, and shall at all times be deemed to be, an independent 14 contractor. Nothing herein contained shall be construed as creating the 15 relationship of employer and employee; or principal and agent, between CITY 16 and COUNTY or any of COUNTY's agents or employees. COUNTY and its 17 SHERIFF shall retain all authority for rendition of services, standards of 18 performance, control of personnel, and other matters incident to the 19 performance of services by COUNTY pursuant to this Agreement. COUNTY, 20 its agents and employees, shall not be entitled to any rights or privileges of 21 CITY employees and shall not be considered in any manner to be CITY 22 employees. 23 J. STATE AUDIT: 24 Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be 25 subject to examination and audit by the State Auditor for a period of three (3) 26 years after final payment by CITY to COUNTY under this Agreement. CITY 27 and COUNTY shall retain all records relating to the performance of this 28 Agreement for said three-year period, except that records pertaining to any Page 18 of 26 I J. STATE AUDIT: (Continued) 2 audit then in progress, or any claim or litigation shall be retained beyond said 3 three-year period until final resolution of said audit, claim or litigation. 4 K. ALTERATION OF TERMS: 5 This Agreement fully expresses all understanding of CITY and COUNTY with 6 respect to the subject matter of this Agreement, and shall constitute the total 7 Agreement between the parties for these purposes. No addition to, or 8 alteration of, the terms of this Agreement shall be valid unless made in writing, 9 formally approved and executed by duly authorized agents of both parties. io L. INDEMNIFICATION: 11 1. COUNTY, its officers, agents, employees, subcontractors and independent 12 contractors shall not be deemed to have assumed any liability for the 13 negligence or any other act or omission of CITY or any of its officers, agents, 14 employees, subcontractors or independent contractors, or for any dangerous 15 or defective condition of any public street or work or property of CITY, or for 16 any illegality or unconstitutionality of C:ITY's municipal ordinances. CITY 17 shall indemnify and hold harmless COUNTY and its elected and appointed 18 officials, officers, agents, employees, subcontractors and independent 19 contractors from any claim, demand or liability whatsoever based or asserted 20 upon the condition of any public street or work property of CITY, or upon the 21 illegality or unconstitutionality of any municipal ordinance of CITY that 22 SHERIFF has enforced, or upon any act or omission of CIT`(, or its elected 23 and appointed officials, officers, agents, employees, subcontractors or 24 independent contractors related to this Agreement, including, but not limited 25 to, any act or omission related to the maintenance or condition of any vehicle 26 or motorcycle that is owned or possessed by CITY and used by COUNTY 27 personnel in the performance of this Agreement, for property damage, bodily 28 injury or death or any other element of damage of any kind or nature, and Page 19 of 26 1 L. INDEMNIFICATION: (Continued) 2 CITY shall defend, at its expense including attorney fees, and with counsel 3 approved in writing by COUNTY, COUNTY and its elected and appointed 4 officials, officers, agents, employees, subcontractors and 'Independent 5 contractors in any legal action or claim of any kind based or asserted upon 6 such condition of public street or work or property, or illegality or 7 unconstitutionality of a municipal ordinance, or alleged acts or omissions. If B judgment is entered against CITY and COUNTY by a court of competent 9 jurisdiction because of the concurrent active negligence of either party, CITY 10 and COUNTY agree that liability will be apportioned as determined by the 11 court. Neither party shall request a jury apportionment. 12 2. COUNTY shall indemnify and hold harmless CITY and its elected and 13 appointed officials, officers, agents, employees, subcontractors and 14 independent contractors from any claim, demand or liability whatsoever 15 based or asserted upon any act or omission of COUNTY or its elected and 16 appointed officials, officers, agents, employees, subcontractors or 17 independent contractors related to this Agreement, for property damage, 18 bodily injury or death or any other element of damage of any kind or nature, 19 and COUNTY shall defend, at its expense, including attorney fees, and with 20 counsel approved in writing by CITY, CITY and its elected and appointed 21 officials; officers, agents, employees, subcontractors and independent 22. contractors in any legal action or claim of any kind based or asserted upon 23 such alleged acts or omissions. 24 M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: 25 1 . COUNTY has established a Traffic Violator Apprehension Program ["the 26 Program"], which is operated by SHERIFF, and is designed to reduce 27 vehicle accidents caused by unlicensed drivers and drivers whose licenses 28 are suspended and to educate the public about the requirements of the Page 20 of 26 1 M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued) 2 Vehicle Code and related safety issues with regard to driver licensing, 3 vehicle registration, vehicle operation, and vehicle parking. The Program 4 operates throughout the unincorporated areas of the COUNTY and in the 6 cities that contract with COUNTY for SHERIFF's law enforcement services, 6 without regard to jurisdictional boundaries, because an area-wide 7 approach to reduction of traffic accidents and driver education is most 8 effective in preventing traffic accidents. In order for CITY to participate in s the Program, CITY has adopted a fee pursuant to Vehicle Code section 10 22850.5, in the amount and under the terms and conditions set forth in the 11 TVAP resolution that is attached to this Agreement as Attachment D and 12 incorporated into this Agreement by reference, and has directed that the 13 revenue from such fee be used for the Program. CITY's participation in 14 the Program may be terminated at any time by rescission or amendment of 15 the TVAP resolution that is attached to this Agreement as Attachment D. 16 In the event CITY 1) amends said TVAP resolution, or rescinds said TVAP 17 resolution and adopts a new TVAP resolution pertaining to the above- 18 referenced fee and the Program, and 2) remains a participant in the 19 Program thereafter, CITY's Manager, on behalf of CITY, and SHERIFF, on 20 behalf of COUNTY, have authority to execute an amendment to this 21 Agreement to substitute CITY's amended or new TVAP resolution for 22 Attachment D to the Agreement, as long as said amendment to this 23 Agreement does not materially change any other provision of this 24 Agreement. 25 2. COUNTY will make available for review, at the request of CITY, all financial 26 data related to the Program as may be requested by CITY. 27 3. Fee revenue generated by COUNTY and participating cities will be used to 28 fund the following positions, which will be assigned to the Program: Page 21 of 26 I M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued) 2 • Ten one hundredths of one (0.10) Sergeant 3 (8 hours per two-week pay period) 4 0 One (1) Staff Specialist s (80 hours per two-week pay period) 6 • One (1) Office Specialist 7 (80 hours per two-week pay period) s 4. Fee revenue generated by CITY may be used to reimburse CITY for s expenditures for equipment and/or supplies directly in support of the Program. 10 In order for an expenditure for equipment and/or supplies to be eligible for 11 reimbursement, CITY shall submit a request for and obtain pre-approval of the 12 expenditure by using the form as shown in Attachment E. The request shall 13 be submitted within the budget schedule established by SHERIFF. SHERIFF 14 shall approve the expenditure only if both of the following conditions are 15 satisfied: 1) there are sufficient Program funds, attributable to revenue 16 generated by CITY's fee, to pay for the requested purchase, and 2) CITY will 17 use the equipment and/or supplies, during their entire useful life, only for 18 purposes authorized by its TVAP resolution in effect at the time of purchase. 19 In the event that CITY terminates its participation in the Program, CITY agrees 20 that the equipment purchased by CITY and reimbursed by Program funds will 21 continue to be used, during the remainder of its useful life, exclusively for the 22 purposes authorized by CITY's TVAP resolution in effect at the time of 23 purchase. 24 In the event the fees adopted by COUNTY, CITY and other participating 25 jurisdictions are not adequate to continue operation of the Program at the level 26 at which it operated previously, COUNTY, at the option of CITY, will reduce 27 the level of Program service to be provided to CITY or will continue to provide 28 the existing level of Program services. COUNTY will charge CITY the cost of Page 22 of 26 1 M. TRAFFIC 'VIOLATOR APPREHENSION PROGRAM: (Continued) 2 any Program operations that exceed the revenue generated by fees. Such 3 charges shall be in addition to the Maximum Obligation of CITY set forth in 4 Subsection G-3 of this Agreement. The amount of any revenue shortfall s charged to CITY will be determined, at the time the revenue shortfall is 6 experienced, according to CITY's share of Program services rendered. In the 7 event of a reduction in level of Program service, termination of Program 8 service or adjustment of costs, the parties shall execute an amendment to the 9 Agreement so providing. Decisions about how to reduce the level of Program 10 service provided to CITY shall be made by SHERIFF with the approval of 11 CITY. 12 N. MOBILE DATA COMPUTERS: 13 1. As part of the law enforcement services to be provided to CITY, COUNTY 14 has provided, or will provide, mobile data computers (hereinafter called 15 "MDCs") that are or will be mounted in patrol vehicles and motorcycles, 16 designated by COUNTY for use within CITY limits. 17 2. SHERIFF has the exclusive right to use said MDCs for law enforcement 18 services related to this Agreement. 19 3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition 20 and installation of MDCs that are or will be mounted in patrol vehicles and 21 motorcycles assigned to CITY, and b) recurring costs, as deemed 22 necessary by COUNTY, including the costs of maintenance and 23 contributions to a fund for replacement and upgrade of such MDCs when 24 they become functionally or technologically obsolete. 25 The costs to be paid by CITY for recurring costs, including maintenance 26 and replacement/upgrade of MDCs, are included in the costs set forth in 27 Subsection G-2 and the Maximum Obligation of CITY set forth in 28 Subsection G-3 of this Agreement unless CITY has already paid such Page 23 of 26 1 N. MOBILE DATA COMPUTERS: (Continued) 2 costs. CITY shall not be charged additional amounts for maintenance or 3 replacement/upgrade of said MDCs during the period July 1, 2015 through 4 June 30, 2016. 5 4. If, following the initial acquisition of MDCs referenced above, CITY requires s MDCs for additional patrol cars or motorcycles designated for use in the 7 CITY, or for CITY's Emergency Operations Center, COUNTY will purchase a said additional MDCs. Upon demand by COUNTY, CITY will pay to 9 COUNTY a) the full costs of acquisition and installation of said additional 10 MDC's, and b) the full recurring costs for said MDCs, as deemed 11 necessary by COUNTY, including the costs of maintenance, and 12 contributions to a fund for replacement and upgrade of such MDCs when 13 they become functionally or technologically obsolete. Said costs related to 14 additional MDCs are not included in, and are in addition to, the costs set 15 forth in Subsection G-2 and the Maximum Obligation of CITY set forth in 16 Subsection G-3 of this Agreement. 17 5. COUNTY will replace and/or upgrade MDCs as needed. The costs of 18 replacing/upgrading MDCs shall be paid by COUNTY from the 19 replacement/upgrade funds to be paid by CITY in accordance with the 20 foregoing. CITY shall not be charged any additional charge to replace or 21 upgrade MDCs. 22 O. EXCITATION UNITS: 23 1. As part of the law enforcement services to be provided to CITY, COUNTY 24 has provided, or will provide, E-Citation units designated by COUNTY for 25 use within CITY limits. 26 2. SHERIFF has the exclusive right to use said E-Citation units for law 27 enforcement services related to this Agreement.. 28 3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of Page 24 of 26 1 0. E-CITATION UNITS: (Continued) 2 E-Citation units that are assigned to CITY, and b) recurring costs, as deemed 3 necessary by COUNTY, including the costs of maintenance and contributions 4 to a fund for replacement and upgrade of such E-Citation units when they 5 become functionally or technologically obsolete. 6 The costs to be paid by CITY for recurring costs, including maintenance and 7 replacement/upgrade of E-Citation units, are included in the costs set forth in 8 Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection 9 G-3 of this Agreement unless CITY has already paid such costs. CITY shall 10 not be charged additional amounts for maintenance or replacement/upgrade 11 of said E-Citation units during the period July 1, 2015 through June 30, 12 2016. 13 4. If, following the initial acquisition of E-Citation units referenced above, CITY 14 requires E-Citation units designated for use in CITY, COUNTY will purchase 15 said additional E-Citation units.. Upon demand by COUNTY, CITY will pay to 16 COUNTY a) the full costs of acquisition of said additional E-Citation units, 17 and b) the full recurring costs for said E-Citation units, as deemed necessary 18 by COUNTY, including the costs of maintenance, and contributions to a fund 19 for replacement and upgrade of such E-Citation units when they become 20 functionally or technologically obsolete. Said costs related to additional 21 E-Citation units are not included in, and are in addition to, the costs set forth 22 in Subsection G-2 and the Maximum Obligation of CITY set forth in 23 Subsection G-3 of this Agreement. 24 5. COUNTY will replace and/or upgrade E-Citation units as needed. The costs 25 of replacing/upgrading E-Citation units shall be paid by COUNTY from the 26 replacement/upgrade funds to be paid by CITY in accordance with the 27 foregoing. CITY shall not be charged any additional charge to replace or 2.8 upgrade E-Citation units_ Page 25 of 26 1 IN WITNESS WHEREOF, the parties have executed the AGREEMENT 2 in the County of a` anrge, State of California. 3 ,�: DATED: 4 i CITY OF SAN JUAN CAPISTRANO 5 ATTEST: 1City Clerk "_ Mayor s APPROVED ASTO FORM: 9 10 BY Ci Attorney 11 ---------------------.....,_-------------------------...._....-------------------__ __. __ _ ____-------------_- 12 DATED: 13 COUNTY OF O 14 is BY-_-- 16 Y- _16 Chairr#1an f the B and of Supervisors County of Orange, California 17 18 SIGNED AND CERTIFIED THAT A COPY OF THIS 18 AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD PER G.C. Sec. 25103, Reso 79-1535 20 Attest: 21 r} , Robin Stieier r Interim Clerk of the Board 23 County of Orange, California APPROVED AS TO FORM: 24 Office of the County Counsel Orange County, California 25 26 _ Deputy 27 28 DATED: f Page 26 of 26 ATTACHMENT A 2 CITY OF SAN JUAN CAPISTRANO 3 ORDINANCE NO. 785 (5-24.01 MC) 4 ORDINANCE NO. 417 (5-18.02 MC) 5 ORDINANCE NO.869 ( 9-3.503 MC) 6 LICENSING 7 8 DANCE INSTRUCTOR (NUDE) 9 DANCE STUDIO (NUDE) 10 ESCORT 11 ESCORT BUREAU i2 FIGURE MODEL (NUDE) 13 FIGURE MODEL STUDIO (NUDE) 14 GUN DEALER 15 INTERLOCUTRIX (NUDE) t6 INTRODUCTORY SERVICE 17 JUNK COLLECTOR 18 JUNK DEALER 19 MASSAGE PARLOR (Includes FBI Fees) 20 MASSAGIST (Includes FBI Fees) 21 PEDDLER 22 POOLROOM 23 PUBLIC DANCE 24 RAP SESSION (NUDE) 25 SECONDHAND DEALER (Pawnbroker) 26 TAXICAB STAND 27 28 ATTACHMENT B COUNTY BILLING POLICY APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992 i. POLICY All County agencies/departments/districts (County) governed by the Board of Supervisors shall bill contracting entities for materials and/or services provided under contract in accordance with the following standardized billing and collection policy. Billing frequency is dependent on whether the contract is a fixed price or actual cost contract. Payment due date is designed to be both responsive to the County's cash flow needs and reasonable enough as to not require special processing by the contracting entity. If payments are not received by the required due dates, a late payment fee shall be computed and billed to the contracting entity in accordance with the requirements of this procedure. Noticing herein shall affect the liability, including prejudgment interest, of the contracting party for services or materials in as much as this is a {policy to enact standard billing practices. II. DEFINITIONS A. Contract for the purposes of thiscolicy - A contract is a formal written agreement, a purchase order from the contracting entity, or any other acceptable mutual understanding between the contracting parties. B. Received by the County - The phrase "received by the County", as used in Section VI of this policy, refers to the date a payment is received by the County. It is defined as the date the payment is in the County's possession. It is not the date the payment is posted or deposited by the County. III. FIXED PRICE CONTRACTS A. Fixed Price (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non-recurring provision of materials and/or services shall be issued no later than five (5) working days after delivery by the County of the materials and/or services. Examples of such one-time, non-recurring provision of materials and/or services might be a city contracting with the Sheriff for security service at a parade or sporting event: or, a city purchasing a computer listing containing certain city-requested data. Payment due date shall be invoice date plus 30 days. B. Fixed Price (On-going/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued according to the following frequency: 1. Annual Billings that total $10,000 or less per 12-month period shall be billed via one (1) annual invoice. Annual invoices will be issued for each 12-month period of the contract, or portions thereof. Invoices shall be issued no later than five working days after the beginning of each 12-month period. Payment due date shall be invoice date plus 30 days. Page 1 of 4 2. Quarterly Billings that are greater than $10,000 but not more than $200,000 per 12.•- month period, shall be billed in quarterly installments. Quarterly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into four (4) installments. Invoices shall be issued no later than 30 days after the beginning of each quarter. Payment due date shall be 60 days after the beginning of each calendar quarter. 3. Monthly Billings that are greater than $200,000 per 12-month period shall be billed in monthly installments. Monthly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into 12 installments. Invoices shall be issued on or before the first day of each service month. Payment due date shall be 30 days after the beginning of each service month. An example of a fixed price contract for ongoing, recurring provision of materials and/or services might be a city contracting with the Sheriff for law enforcement services. IV. ACTUAL COST CONTRACTS A. Actual Cost (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non-recurring provision of materials and/or services shall be issued after delivery by the County of the materials and/or services and no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days. B. Actual Cost (Ongoing/Recurring Contracts - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued on a monthly basis and shall represent the cost of materials and/or services provided to the contracting entity during the previous calendar month. Such invoices shall be issued no later than 15 days after the close of the monthly billing period. if the County agency/department/di strict does not utilize a monthly billing cycle, the invoice shall be issued no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days. Examples of actual cost contracts for the ongoing, recurring provision of materials and/or services might be a city contracting with the County for communications equipment repair or waste disposal at a County landfill. V. PAYMENT DUE DATES Notwithstanding the provisions of Sections II and III above, payment due date shall be at least invoice date plus 30 days_ If the County is late in issuing an invoice, the contracting entity would always have at least invoice date plus 30 days to pay. If the County is early in issuing an invoice, the contracting entity would still have a payment due date of either 60 days after the beginning of the quarter (quarterly invoices) or 30 days after the beginning of the service month (monthly invoices). (EXAMPLES: An invoice for October service, dated and issued October 8 (late) would have a payment due date of November 7. An invoice for August service, dated and issued July 20 (early) would have a payment due date of August 30.) Page 2of4 VI. LATE CHARGES The late payment of any invoiced amount by a contracting entity will cause the County to incur costs not contemplated by the County/contracting entity agreement, the exact amount of such cost will be extremely difficult to ascertain. Such costs include, but are not limited to, costs such as administrative follow-up and processing of delinquent notices, increased accounting costs, etc. Late charges will be assessed in the following situations: Over-the-counter payments will be assessed a late charge if any payment is not received by the County by the payment due date. Payments transmitted to the County via the U.S. Mail that have the payer's postage meter mark will be assessed a late charge if any payment is not received by the County by the payment due date plus one day. Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office postmark dated after the payment due date will be assessed a late charge. The late charge assessed in each of these situations shall be three-quarters of one percent (0.75%) of the payment due and unpaid plus $100.00 for late payments made within 30 days of the payment due date. An additional charge of three-quarters of one percent (0.75%) of said payment shall be added for each additional 30-day period that the payment remains unpaid. Late charges shall be added to the payment and invoiced to the contracting entity in accordance with this policy. VII. COLLECTIONS Any invoice remaining unpaid 90 days after the invoice date shall be referred to the Auditor- Controller for subsequent collection action, such as deduction from contracting entity moneys on deposit with the County Treasurer in accordance with Government Code Section 907 and any other applicable provision of law. Non-payment of invoices and applicable late charges will constitute a breach of contract for which the County retains all legal remedies including termination of the contract. VIII. DISCOUNT FOR EARLY PAYMENT Any payment received by the County from a contracting entity 20 days or more before the payment due date shall be entitled to a discount of one-quarter of one percent (0.25%). If the contracting entity takes a discount, and the payment is received by the County less than 20 days before the payment due date: County staff shall immediately notify the contracting entity by telephone that the discount should not have been taken and that the balance is due by the original payment due date. If the balance is not received by the County in accordance with the dates as specified in Section VII, applicable late charges shall be calculated on the balance due. Page 3 of 4 IX. DEFERRED REVENUE At fiscal year end, any portion of revenue invoiced (not necessarily received) during the fiscal year being closed out that represents charges or prepayment for materials and/or services for the upcoming fiscal year shall be reclassified from a revenue account to a deferred revenue account (liability). In the new fiscal year the deferred revenue shall be reclassified to a revenue account. (EXAMPLE: On June 1, 19X1, a city is invoiced $48,000 which represents charges for the 12-month period June 1, 19X1 to May 31, 19X2. The amount to be reclassified to deferred revenue would be $44,000, representing 11/12ths of the total amount. In July 19X1, the $44,000 would be reclassified to revenue.) Reclassification entries shall be made by Auditor-Controller Agency Accounting units, or for those agencies/departments/districts without such a unit, the agency/department/district shall notify the Auditor-Controller of the amounts to be reclassified. X. COST RECOVERY All County agencies/department/districts shall include all costs of providing contracted services in contract rates. Including all direct costs, allocated indirect costs such as departmental and County (CWCAP) overhead, and cost of capital financing. XI. EXISTING CONTRACTS Billing terms and provisions contained in existing contracting entity agreements (existing as of the date this policy is approved by the Board of Supervisors) shall remain in effect for the life of the contract. However, when these existing contracts are renegotiated, they shall contain the billing provisions as set forth in this policy. XII. DEVIATIONS FROM POLICY Deviations from this policy shall be approved by the Board of Supervisors. Proposed deviations by agencies/departments/districts shall be submitted to the CEO for concurrence in advance of filing an Agenda Item Transmittal (AIT) with the Clerk of the Board. The CEO, or his/her designee, shall advise the agency/department/district of approval or disapproval of the proposed deviations. If a County agency/department/district submits a contract to the Board of Supervisors for approval, and the billing provisions in the contract deviate from this policy, the agency/department/district shall specifically advise the Board of Supervisors in the AIT of the deviation, the reason for the deviation, and of the CEO's recommendation relative thereto. Page 4 of 4 ATTACHMENT C POLICY FOR DISTRIBUTION OF FORFEITED AND SEIZED ASSETS BACKGROUND The Orange County Sheriff's Department provides contract law enforcement services to cities in Orange County. Because of the increased likelihood that contracted patrol or investigation personnel may become involved in significant narcotic seizures, which could affect law enforcement services provided by the Sheriff's Department to contract cities, the following policy is in effect. 1. NON-RNSP CONTRACTED PATROL AND INVESTIGATION OFFICERS When assets (cash or property) are seized in CITY by contracted patrol or investigation personnel other than RNSP personnel, and subsequently forfeited to COUNTY, the forfeited assets shall be shared with CITY as set forth below, for the purpose of augmenting law enforcement services in CITY, subject to approval by the forfeiting agency (U.S. Attorney or State) of such sharing and use of forfeited assets. A portion of forfeited assets may be retained by COUNTY's Sheriff Department, hereinafter referred to as "SHERIFF", to pay for departmental expenses not recovered through law enforcement contracts. In such cases, SHERIFF shall apply to the forfeiting agency for the return of a share of the assets to COUNTY. In his application, SHERIFF shall specify the percentage of shared assets returned to COUNTY that will be used to augment law enforcement services in CITY and the use of said assets by CITY. In those cases in which assets are seized within CITY by non-RNSP personnel assigned to CITY pursuant to this Agreement, without the involvement of other law enforcement personnel, and in which the seizure is a result solely of activities self-initiated by non-RNSP SHERIFF personnel assigned to CITY or initiated by said personnel in response to calls for service within CITY, SHERIFF shall apply to have all of the assets used to augment CITY law enforcement services. In those cases in which non-RNSP SHERIFF personnel assigned to CITY pursuant to this Agreement play an ancillary role in a seizure or in which other law enforcement personnel are involved in a seizure, SHERIFF shall determine the percentage of the total forfeited assets for which he will apply to augment CITY's law enforcement services. This determination will be based on the circumstances of the seizure, including the pro-rata involvement of all personnel, including those assigned to CITY. Each seizure will be evaluated on an individual and independent basis, and said evaluations will be available for review to CITY's manager. Examples of those incidents which would be evaluated as set forth in this section include situations in which a contract patrol deputy provides uniformed backup at a SHERIFF's Narcotic Bureau search warrant location or in which contract investigators participate in the service of a search warrant that was initiated by non-contract law enforcement personnel. Page 1 of 2 NON-RNSP CONTRACTED PATROL AND INVESTIGATION OFFICERS (Continued) Assets (cash or property) that are returned to COUNTY by the forfeiting agency with the understanding that they will be used to augment CITY law enforcement services shall be used by CITY and COUNTY only for such purposes. If the forfeiting agency attaches additional or more specific conditions to the use of said assets, CITY and COUNTY shall also abide by those conditions. SHERIFF and CITY's manager shall determine the specific use of said assets within the conditions imposed by the forfeiting agency. Subject to conditions imposed by the forfeiting agency and to the requirement that forfeited assets be used to augment law enforcement services, COUNTY shall place forfeited cash, or cash from the sale of forfeited assets in an interest-bearing account for use in CITY in compliance with the forfeiting agency's regulations. 2. CONTRACTED REGIONAL NARCOTICS SUPPRESSION PROGRAM (RNSP) OFFICERS Assets forfeited as a result of activities conducted by contracted RNSP officers will be used to augment CITY's law enforcement services. Because activities of this type result from the efforts of both contracted officers and other RNSP officers, the percentage of sharing will be determined pursuant to the RNSP Memorandum of Understanding in effect at the time of the seizure. Said Memorandum of Understanding provides that assets are distributed according to percentage amounts based on the number of sworn personnel participating in the RNSP at the time of the seizure. The number of personnel in RNSP, as well as the number of participating agencies in RNSP, may fluctuate during the course of a contract year, thereby affecting the percentage amounts distributed to participating agencies. The percentage amounts distributed to participating agencies may also be affected by action taken by the RNSP Executive Board. CITY will use RNSP forfeited assets only to augment CITY's law enforcement services. If the forfeiting agency or applicable RNSP Memorandum of Understanding attaches any additional or more specific conditions on the use of said assets, CITY shall abide by those conditions. SHERIFF and CITY's manager shall determine the specific use of said assets within the conditions imposed by the forfeiting agency and the RNSP Memorandum of Understanding. Subject to conditions imposed by the forfeiting agency and the RNSP Memorandum of Understanding and to the requirement that RNSP forfeited assets be used to augment law enforcement services, COUNTY shall place forfeited cash or cash from the sale of forfeited assets in an interest-bearing account for use in CITY in compliance with the forfeiting agency's regulations and the RNSP Memorandum of Understanding. Page 2 of 2 6/2103 ATTACHMENT D RESOLUTION NO. 00-7-18-4 ORANGE COUNTY SHERIFFS DEPARTMENT TRAFFIC VIOLATOR APPREHENSION PROGRAM A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE ORANGE COUNTY SHERIFFS DEPARTMENT TRAFFIC VIOLATOR APPREHENSION PROGRAM WHEREAS, the City of San Juan Capistrano contracts with the Orange County Sheriffs Department for law enforcement services; and, WHEREAS,as a contract City, San Juan Capistrano is eligible to participate in the County's new Traffic Violator Apprehension Program; and, WHEREAS, the goals of the Traffic Violator Apprehension Program are to reduce the number of collisions involving suspended or unlicensed drivers, to reduce the number of hit and run collisions, to establish a public education program to deter violators, and to establish a cost recovery system to pay for continued enforcement; and, WHEREAS,the Traffic Violator Apprehension Program is funded by a Traffic Safety Grant from the State of California and on-going revenues will be generated from the collection of vehicle impound fees within the unincorporated areas of the County and participating cities that contract for law enforcement services with the Orange County Sheriff's Department; and, WHEREAS,the County Board of Supervisors has established a fee of$50 for each vehicle towed/stored/impounded as a result of negligent operation of a vehicle and a $152 fee for each vehicle impounded for 30 days, based on the actual administrative costs for the identification and apprehension of drivers with suspended or revoked licenses or unlicensed motorists; and, WHEREAS, all of the impound fees will be collected by the County and deposited into a Traffic Violator Apprehension Fund for use by this program exclusively. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby resolve, determine and order as follows: SECTION 1.Authorize the City of San Juan Capjstrano to participate in the Traffic Violator Apprehension Fund; and, _1 SECTION 2. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 18th day of July, 2000_ aLLE AMP13E MAYOR ATTEST: 2CHYER�YL N N, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITU OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 00-7-18-4, adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 18th day of July, 2000, by the following vote: AYES: Council Members Bathgate, Greiner, Bart, Swerdlin and Mayor Campbell NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JO SQ , CITY CLERK -2- ORANGE COUNTY SHE,RIFF-CORONER TRAFFIC VIOLATOR APPREHENSION PROGRAM }• d nin rap q,..� � 4 _ :Refs sk {i i P •tr• -w�d: { 4r -�r y5} , i..T (ITY ... _ i K �,. �rN�` , I Participating City Request to Purchase From the TVA in FY Date .a APPLICABILTY -% QUANTITY ITEM DESCRIPTION TO TVA PROGRAM ESTIMATED COST f Z. THE CITY CERTIFIES THAT THE EQUIPMENT PURCHASED BY CITY AND TO BE REIMBURSED BY PROGRAM FUNDS WILL BE USED FOR.ITS ENTIRE USEFUL LIFE EXCLUSIVELY FOR THE PURPOSES OF THE TRAFFIC VIOLATOR APPREHENSION PROGRAM- CITY MANAGER REQL Es,T-: 1! Printed Name u. Signature: DATE {?.lf A-NN(;L COUNTY S H ER1I F-CORO ER.DEPAR I I11E_I I kr ce Recommended For A n)val CITY POLICE SERVICES CHIEFMANAGER—TVA PROGRAM � 1, D 0 M Z i OCSD BUDGET M -USE ONLY ORANGE COUNTY SHERIFF'S DEPARTMENT SHERIFF-CORONER SANDRA HUTCHENS May 10, 2017 Mr. Benjamin Siegel, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr. Siegel: Enclosed are three original sets of the Second Amendment to the Five-Year Law Enforcement Services Agreement with the Orange County Sheriff-Coroner. The total cost for the period of July 1, 2017 to June 30, 2018 is $9,729,656. After the City Council approves the Agreement, please obtain the necessary signatures on each of the three original sets and return them to me for completion of the approval process. A copy of the final spreadsheet of the Fiscal Year 2017-18 contract is also attached for your information. If you have any questions, please call me at (714) 634-6686. Sincerely, � l Lynn Yamada, Gtr itract Manager Law Enforcement Contracts Enclosures C.' Lieutenant Scott Spalding, Chief of Police Services (SJC) Jacob Green, Assistant City Manager (SJC) Ken Al-Imam, Interim Finance Director (SJC) Michelle Bannigan, Assistant Finance Director (SJC) 320 N.FLOWER STREFT,SANTA ANA, CA 92703(714)547-7000 Integrity without compromise•Service above self•Professionalism in the performance of duty-Vigilance in safeguarding our community ATTACHMENT 2 CITY OF SAN JUAN CAPISTRANO Add: FY 2017-18 Vacancy Credits(estimate) (2)MDC-Motors FISCAL YEAR 2017-2018 YEAR 3 OF 5 YEAR TERM Share: Reallocation of Shared Motorcycle Sergeant with MDC FINAL (tray 5,2017) SALARIES&EMPLOYEE BENEFITS INAIRECT coSTS DIRECT PURCHASE- - _VICES. - - -WIN -- SERVICES G9111YTY SAVINL'i5f NO POSITIONS SALARY OVERTIME BENEFITS POST PAY SUPPLIES TRANSP. DEPT.OH DIV.OH TRAINING OH OTHER REVENUE TOTAL I 1 t.�euEena^:i '?O.4"21 0. v'=, Q 6.083 0 6.0::6 21-267 2.634 3.513 6 0 370,194 5 'Serr11earf 14 r'atrol+1 Admtnislrativaj n^--4.385 Q 643.337 E0.355 50.415 0 30.04Q 119.695 13.1?0 15.765 0 C 1.557.345 e imvos"tvftr 225.M4 0 227.982: ;7.649 12.66 0 1^-,916 19.928 5.269_ .54Eu C__ 3 627.302 15 lDS Il PBt d 1.556.125 Q 1.571.895 4[:7.995 91.245 0 40,120 359,595 39.50~ 37.170 D- it 3.M-655 2 1--W11MotOrc>rle 211759 C. 214.146 13,45.5 12.166 3 12,716 47,848- 5,26aa 6 JE^ Q 523,94a 1 D5 II CcvrmunEM Suclvod 1-.3.875 0 t04.793 61-W 6.083 0 kooa 23.973 2,K- 2 479 0 0 256,577 1 :1510•OET 103.675 Q 104.753. 6.733 6.Cw.3 5 6,QU 23.977 2,n34 2,47E 0 0 256.577 175'4-Extra Hpp -. - 0;6,0X2 01 5$.002 27 SuD1oW Ssrety V,U21.Wd W (3,427.= 9206.135- 11164241 s0 5162.,216M6,547 - 071.018 612,294 1165.042 so 57,52@.9576 I 2 Cc mmjritySernces OhCcr sns.514 0 65.OEr. n 12-768! 0 12X16' 47,9,,6 0 2,372 �; 255.896 1 Como nrevenl o::SFec>a1 0 4.261, 0 31.115 .. 6.0t3, G e.^0&: 1 756, 0 1.21-. D 0 1nn,5117 I 3 Sub1alal Profaaalenlll $160.151 $o $96.247 -so 5171.2.18 7114 1116.02 1149.734 su %a.5e6, 54 $0 5304.00+ I 30 TOTAL STAFF 7.674.409 I RECIONALISHARED STAFF _ -36 T-a'"IC-Sa';pnar.: 7 31'•6 S.B15 1 1:523 S yeC 524 2.57 37 4 763 :43; ?811 3 15.5QQ 4 Trar,'ic Dupu,v5l,.vW'I 7.37w 3x.41 1.367 38.327 1.968.. 1,776 '.388 7561 3f,•:' 77 775 Q 75,135 2 T'alli,c Inv:E*cative As=_islanf 8.573 21 5,343 Q 1196. 0 87q:. 805 C 201 C v 18,300 1 Tvlic 01int,S.eva1:51 7,31°Y 3.643 5 1.9552 ... 0 44= G 439 703 0 82 0 0 7,278 ti,'i AUt Th.ell•Sesta°1t 5.77°.4 2YAO 7:2 2.666! 2-5 126 tat 122 252 51. 64 0 0 7.185 2 AvA,hVI-Ir,ve3limior 8.774 15.7.'1.5 1 alt; 15.194 5.209 ass 2.348 813 I.F6 957 404 Q 0 39,8b9 ' Autahet T . Irwn;tr•a1,ve4sv&barl 5.77"7, 4.,71 43_ 2.:'54 0 428 0 4001 1,51 C 9{• C 4 A,Ss.6 A4tc Thal,, C.fi:n Sw =is1 5.M 2438 719 ",826 C 423 0 4G7I 451 0 7: 0 0 6.9n6 DET-Serceanl 'I.S3% 55,839 1e"".187 16.251 +.L40 726 0 7717 4sla.:._ 313 560 Q '1 52,734 DET•InVaSLgGlrir _ 10.83'6 14,227 7.975 14,041 1,035 72'5 0 7T-, 4^.:� 3'3 -521 4 0 44.170 a^e.C7n,CcSDe.^.a;11s1 5'.554q 3:485: t3s7� 4.861; Q 423 _ 41; 123 .. 76 Q 7 6,523 Courts-ImestipbveAss 51an4 27.83% 25.652. 348 17,785 0 2.555 2387 2.523 772 a 605 u 0 51,681 ' 7111='rrcr^}F'^5nrcpart-F.W 9.c145b 9,095 1 1.1`48 6.86`8 532 GS, - 414 354 182 246 „ 22,970 i 17.90 subtotal 1 5.429 d, 126.dti6 ?.281 410.106.106 $5.3.1}7 f 54.973 3f},421 !;!.to 14,03 --SO 59 3.3'5613:7 s��.,ws--8X05~®r:o-v.m;-,3 swssvrsiv=i.,e:Fr 1-+e Page 1 of 2 Prirtod:5111 0..2C17 9:01 AM CITY OF SAN JUAN CAPISTRANO Add: FY 2017-1 S Vacancy Credits(Estimate) (2)MDC-Motors FISCAL YEAR 2017-2018 YEAR 3 OF 5 YEAR TERM Share: Reallocation of Shared Motorcycle Sergeant with MDC FINAL (May a,2017) SALARIES&EMPLOYEE BENEFITS INDIRECT COSTS -- ADOn•IONAL REGULAR ! SERVICES& -. COUNTY SAVINGS1 NO COST&q E'1£NU _ SALARY OVERTIME BENEFITS POST PAY SUPPLIES TRANSP. DEPT.OH DIV.OH TRAINING OH OTHER REVENUE TOTAL OBRr-;IfiC 759.550 ..E-i9rm2-t3,WarhncyC•*9�-FY20t7-18 ...._ 0. 0.0001 I {15 .006. (1 5 Annua Leave(Pav�,owrs&T®rminal,dn Ply! -.__. . _ _ ._.__. ......_.. I" 1 p 51.527 51.627 3'll^:I;ral Pa,, �-- _-.....__-.]. �.._ ! - ... 29.574 29.670 v _..� - - �. _�,_- — 0 8500 L 3 aI Ass:ssanct Canir _ Ova1ne 6:255 I -. . 27.275 3 E•C[latld'1 __T— _T —. v_ _ _ _ 1 3.217. Entranced 1 ra41I1L59`.f5 _.. _ 64,927_ _._.. 44.927 Flofidav PDT.Cum:)&Stra,giil Time _ -- 132 472 132 472 3 ou 3,053 h OC.-A culvl,ar:"is cA_ 58.562 i a mm-pncurringccais 23.07 23.07"I .y 7 _—_ P � 5 Ois•Call PAW - _ f fi — 134 Patmi Tral7lr Crsal Allo a6un?FTB) _ -.. .- ®_ ?. - _ ._ Patrol Video Srsl[m 1,7VS} A-qu rW.n �-_ _. -._�_ »T. � _.—__ 23,6aa 23.M9 11 Patrol Vldc:-�Q1ret3m 01V& 3'1c-urrrnS7 Gos's IRei,rarr rnl Pa'e rl .,-.,ni,rY 2017.0{Gr;.ssj PeGr�nall Ran is n n.�4x�rx4,E r,,:nrisl#bl&l:��antpi}� --- V 1r,A'.xi �{{{ 16.429 ..—._.._.... Pevenue,Fale2 A 7-+lc I t17;&i' (37.199} Remnue,.Traanirw❑ mtur€tlrnSn: -- -- .. t7.i3i+1 {7.199] 7,-w9mrtsl1oa:-Va9_13 Y4ti \Y.Iigd jP IgluZ e5-.and Mani-etc _... 379.0" 379.E341€1 Su6f0ta} 319 5094.{{40 (512,042) SG 578.407 34D0.939 L0 SO 3132.5{15 $11046 37117,372 !324,5791 $1.490.435 I FY 2017-16 FINAL COWRACT TOTAL 53.33tl,$J0 r 312U.EQ0 5.3,7.35.616 3213,41 Y 3231.115 $400317 __190.9 3_ P86.6m 12tlM1 S FY2uir,17°FINAL ADvUSTED CONTRACT TOTAL $3.246,631 {$18.505} 50,972-167 5585.653 $).3395,433 5214.092 3237,•126� 5393,383 i 5180,7617 575&570 5225,28S 594,791 (553.183) 53u.?OS ,",c:,9ti r' >,Isr?9:!,. 151 �,F,i .,33.650' 522,9291 ssl.af7' 517.01E i5 32.619+ 56508877 {SS.e?41 $i�r.469 f%G`'2016 vacancy CrCdIE applied in FY'2Q 16-17 oonaact= (4371,711$1 Adjusted FY 2016-17 contract= $9,343.803 Adjusted variance$= $365.753 At%orSlaf varkince%= 4..7"s Sar J,m Gtp--%Y217-18 S-1&.e WFlral FY i7°:? Page 2 G(2 Prinled:5/16?2C 179:01 AIA 1 SECOND AMENDMENT TO AGREEMENT 2 BETWEEN THE 3 CITY OF SAN JUAN CAPISTRANO 4 AND THE 5 COUNTY OF ORANGE 6 7 THIS SECOND AMENDMENT TO AGREEMENT, entered into this First s day of May 2017, which date is enumerated for purposes of reference only, by and 9 between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY„ io and the COUNTY OF ORANGE, a political subdivision of the State of California, 11 hereinafter referred to as "COUNTY", to amend effective July 1, 2017, that certain 12 Agreement between the parties commencing July 1, 2015, hereinafter referred to as 13 the "Agreement". M 1. For the period July 1, 2017 through June 30, 2018, REGULAR SERVICES BY 15 COUNTY, Subsection 0-4 of the Agreement is amended to read as follows: 16 "C-4. The level of service, other than for licensing, to be provided by the COUNTY 17 for the period July 1, 2017 through June 30, 2018, is set forth in Attachment 18 F and incorporated herein by this reference." 1g 2. For the period July 1, 2017 through June 30, 2018, PATROL VIDEO SYSTEMS, 20 Subsection E-3 of the Agreement is amended to read as follows: 21 "E-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and 22 installation of Patrol Video Systems that are or will be mounted in patrol 23 vehicles assigned to CITY, and b) recurring costs, as deemed necessary by 24 COUNTY, including the costs of maintenance and contributions to a fund for 25 replacement and upgrade of such PVS when they become functionally or 26 technologically obsolete. 27 The costs to be paid by CITY for recurring costs, including maintenance and 28 replacement/upgrade of PVS, are included in the costs set forth in Page 1 of 6 1 Attachment G and the Maximum Obligation of CITY set forth in Subsection 2 G-2 of this Agreement unless CITY has already paid such costs. CITY shall a not be charged additional amounts for maintenance or replacement/upgrade 4 of said PVS during the period July 1, 2017 through June 30, 2018.,' 5 3. For the period July 1, 2017 through June 30, 2018, PAYMENT, Subsection G-2 of 6 the Agreement is amended to read as follows: 7 "G-2. Unless the level of service as set forth in Attachment F is increased or 8 decreased by mutual agreement of the parties, or CITY is required to pay 9 for increases as set forth in Subsection G-4, the Maximum Obligation of 10 CITY for services set forth in Attachment F of this Amendment, other than 11 Licensing Services, to be provided by the COUNTY for the period July 1, 12 2017 through June 30, 2018, shall be $9,729,656, as set forth in 13 Attachment G. 14 The overtime costs included in the Agreement are only an estimate. 15 COUNTY shall notify CITY of actual overtime worked during each fiscal year. 16 If actual overtime worked is above or below budgeted amounts, billings will 17 be adjusted accordingly at the end of the fiscal year. Actual overtime costs 18 may exceed CITY's Maximum Obligation." 18 4. For the period July 1, 2017 through June 30, 2018, PAYMENT, Subsections G-4a, 20 G-4b and G-6 of the Agreement are amended to read as follows: 21 "G-4a. At the time this Agreement is executed, there are unresolved issues 22 pertaining to potential changes in salaries and benefits for COUNTY 23 employees. The costs of such potential changes are not included in the 24 FY 2017-18 cost set forth in Attachment G nor in the FY 2017-18 25 Maximum Obligation of CITY set forth in Subsection G-2 of this 26 Agreement. If the changes result in the COUNTY incurring or becoming 27 obligated to pay for increased cost for or on account of personnel whose 28 costs are included in the calculations of costs charged to CITY hereunder, Page 2 of 6 1 CITY shall pay COUNTY, in addition to the Maximum Obligation set forth 2 in Subsection G-2 of this Agreement, the full costs of said increases to the 3 extent such increases are attributable to work performed by such 4 personnel during the period July 1, 2017 through June 30, 2018, and s CITY's Maximum Obligation hereunder shall be deemed to have 6 increased accordingly. CITY shall pay COUNTY in full for such increases 7 on a pro-rata basis over the portion of the period between July 1, 2017 8 and June 30, 2018 remaining after COUNTY notifies CITY that increases s are payable. If the changes result in the COUNTY incurring or becoming 10 obligated to pay for decreased costs for or on account of personnel whose 11 costs are included in the calculations of costs charged to CITY hereunder, 12 COUNTY shall reduce the amount owed by the CITY to the extent such 13 decreases are attributable to work performed by such personnel during 14 the period July 1, 2017 through June 30, 2018, and CITY's Maximum 15 Obligation hereunder shall be deemed to have decreased accordingly. 16 COUNTY shall reduce required payment by CITY in full for such 17 decreases on a pro-rata basis over the portion of the period between July 18 1, 2017 and June 30, 2018 remaining after COUNTY notifies CITY that 19 the Maximum Obligation has decreased. 20 G-4ba If CITY is required to pay for increases as set forth in Subsection G-4a 21 above, COUNTY, at the request of CITY, will thereafter reduce the level 22 of service to be provided to CITY as set forth in Attachment F of this 23 Agreement to a level that will make the Maximum Obligation of CITY 24 hereunder for the period July 1, 2017 through June 30, 2018 an amount 28 specified by CITY that is equivalent to or higher than the Maximum 26 Obligation set forth in Subsection G-2 for said period at the time this 27 Agreement originally was executed. The purpose of such adjustment of 28 service levels will be to give CITY the option of keeping its MaArrrurn Page 3of6 1 Obligation hereunder at the pre-increase level or at any other higher or 2 lower level specified by CITY. In the event of such reduction in level of 3 service and adjustment of costs, the parties shall execute an amendment 4 to this Agreement so providing. Decisions about how to reduce the level 5 of service provided to CITY shall be made by SHERIFF with the approval 6 of CITY. 7 G-0. COUNTY shall invoice CITY monthly, one-twelfth (1/12) of the Maximum s Obligation of CITY. If a determination is made that increases described s in Subsection G-4 must be paid, COUNTY thereafter shall include the 10 pro-rata charges for such increases in its monthly invoices to CITY for the 11 balance of the period between July 1, 2017 and June 30, 2018." 12 5. For the period July 1, 2017 through June 30, 2018, TRAFFIC VIOLATOR 13 APPREHENSION PROGRAM, Subsection M-3 of the Agreement is amended to 14 read as follows: 15 "M-3. Fee revenue generated by COUNTY and participating cities will be used to 16 fund the following positions, which will be assigned to the Program: 17 Ten one hundredths of one (0.10) Sergeant 18 (8 hours per two-week pay period) 19 One (1) Staff Specialist 20 (80 hours per two-week pay period) 21 One (1) Office Specialist 22 (80 hours per two-week pay period)" 23 f. For the period July 1, 2017 through June 30, 2018, MOBILE DATA 24 COMPUTERS, Subsection N-3 of the Agreement is amended to read as follows: 25 "N-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition 26 and installation of MDCs that are or will be mounted in patrol vehicles and 27 motorcycles assigned to CITY, and b) recurring costs, as deemed 28 necessary by COUNTY, including the costs of maintenance and Page 4 of 6 1 contributions to a fund for replacement and upgrade of such MDCs when 2 they become functionally or technologically obsolete. 3 The costs to be paid by CITY for recurring costs, including maintenance 4 and replacement/upgrade of MDCs, are included in the costs set forth in 6 Attachment G and the Maximum Obligation of CITY set forth in Subsection 6 G-2 of this Agreement unless CITY has already paid such costs. CITY 7 shall not be charged additional amounts for maintenance or a replacement/upgrade of said MDCs during the period July 1, 2017 through s June 30, 2018.,' 10 7. For the period July 1, 2017 through June 30, 2016, &CITATION UNITS Subsection 11 0-3 of the Agreement is amended to read as follows. 12 "0.3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of 13 E-Citation units that are assigned to CITY, and b) recurring costs, as deemed 14 necessary by COUNTY, including the costs of maintenance and contributions 15 to a fund for replacement and upgrade of such E-Citation units when they 16 become functionally or technologically obsolete. 17 The costs to be paid by CITY for recurring costs, including maintenance and 18 replacement/upgrade of E-Citation units, are included in the costs set forth in 19 Attachment G and the Maximum Obligation of CITY set forth in Subsection 20 G-2 of this Agreement unless CITY has already paid such costs. CITY shall 21 not be charged additional amounts for maintenance or replace ment/upgrade 22 of said E-Citation units during the period July 1, 2017 through June 30, 23 2018." 24 8. All other provisions of the Agreement, to the extent that they are not in conflict 25 with this SECOND AMENDMENT TO AGREEMENT, remain unchanged 26 // 27 f/ 28 // Page 5 of 6 I IN WITNESS WHEREOF, the parties have executed the SECOND 2 AMENDMENT TO AGREEMENT in the County of Orange, State of California. 3 DATED: 4 CITY OF SAN JUAN CAPISTRANO 5 ATTEST:- 6 City Clerk 7 BY: Mayor a APPROVED AS TO FORM: 9 1 o BY:. City Attorney 11 ----------------------------------------------------------------------------.-----------------..------------- ---- 12 DATED: 13 COUNTY OF ORANGE 14 15 BY: 16 Chairwoman of the Board of Supervisors County of Orange, California 17 18 SIGNED AND CERTIFIED THAT A COPY OF THIS 19 AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD PER G.C. Sec. 25103, Reso 79-1535 20 Attest: 21 22 Robin Stieler - Clerk of the Board 23 County of Orange, California APPROVED AS TO FORM: Office of the County Counsel 24 County of Orange, California 25 26 BY: --- - Deputy 27 ' ? 213 DATED——- Page ATED._ _ ...�— Page 6 of 6 ATTACHMENT F ORANGE COUNTY SHERIFF-CORONER FY 2017-18 LAW ENFORCEMENT CONTRACT CITY OF SAN JUAN CAPISTRANO "REGULAR SERVICES BY COUNTY" (Subsection C-#) LEVEL OF SERVICE PROVIDED BY SHERIFF: Titie Detail Quantity Frequency MANAGEMENT: _- Lieutenant1 1.a0 SUPERVISION: _ Sergeant Patrol 4.00 each, 80 hrs./ Br two wk. pa period Sergeant Administrative 1.00 80 hrs./per two wk. pay period INVESTIGATION_ SERVICES: Investigator 2.00 each, 80 hrs./per two wk. Lay period PATROL AND TRAFFIC SERVICES*: Deputy Sheriff 11 -Patrol I Patrol 15.00 each, 80 hrsJ per two wk.pay period Deputy Sheriff 11 -Motor Motorc cle 2.00 each, 80 hrs.)per two wk. pay period ADDITIONAL SERVICES*: Crime Prevention Specialist Crime Prevention 1.00 80 hrs./per two wk.pay period _ Community Services Officer Parking Control 2.00 each, 80 hrs./per two wk. pay period Deputy Sheriff 11 Community Support 1.00 80 hrs./per two wk. pay period Deputy Sheriff II DET 1.00 80 hrs./per two wk. pay period Deputy Sheriff II 1 Extra Help As needed TOTAL 30.00 Deployment to be determined by SHERIFF in cooperation with CITY Manager REGIONAL 1 SHARED STAFF: _ Title Regional Team Quantity %s Allocation TRAFFIC: Sergeant Traffic 0.60 7.31% Deputy Sheriff II Traffic 4.00 7.31% Investigative Assistant Traffic 2.00 7.31% Office Specialist Traffic 1.00 7.31% AUTO THEFT: Sergeant Auto Theft 0.30 6.77% _. Investigator _ _. Auto Theft 2.00 6.77% Investigative Assistant Auto Theft 1.00 6.77% Office S ecialist Auto Theft 1.00 6.77% DET: Ser eant DET1.00 11.93% Investigator DET 1.00 11.93% SUBPOENA: Office Specialist Subpoena 1.00 6.95% COURTS: Investi ative Assistant Courts 2.00 21.83% MOTORCYCLE shared Supervision : Sergeant Motorc le Su ervision 1.00 6.90% TOTAL 17.90 Paget d1 ATTACHMENT G ORANGE COUNTY SHERIFF-CORONER FY 2017-18 LAW ENFORCEMENT CONTRACT CITY OF SAN JUAN CAPISTRANO "PAYMENT" (Subsection G-2) COST OF SERVICES PROVIDED BY SIIERIF Subse tion 0-23: - -_ _ -- --- - Cost of Service Cast of Service Title J Detail Quantity _(each) Total MANAGEMENT: - 1.00 370,100 $ 370,100 Lieutenant SUPERVISION: Sergeant Patrol 4.OfJ $ 311,4691$ 1.245,8_76 Sergeant Administrative 1A0 3 311,469 $ 311,469 INVESTIGATION SERVICES: Investigator 2.00 $ 313,751 $ 627,602 PATROL AND TRAFFIC SERVICES: Deputv Sheriff II-Patrol Patrol 15.00 $ 256,577 $ 3,84$:655 _Deputy Sheriff II-Motor Motorcvcle 2,00 1.9241 523,848 ADDITIONAL SERVICES: - -- Crime Preveniton Specialist Crime Prevention 1.00 $ 100,507 $ 100,507 Communit Services Officer Parking Control 2.00 $ 122,746 $ 245,496 Deputy Sheriff II Community Support 1.00 $ 256,577 $ 256,577 Deputy Sheriff li DET 1.00 $ 256,577 $ 256,577 Deputy Sheriff II Extra Help $ 88.002 TOTAL POSITIONS 30.00 $ 7,974,609 REGIONAL{S14AREI3 STAFF: Title Regional Team Quantic %Allocation Cost TRAFFIC: Sergeant Traffic 0.60 7.31% $ 15,500 Deputy Sheriff It Traffic 4.00 7.31% $ 75,136 Investigative Assistant Traffic 2.00 7.31% $ 16,310 Office Specialist Traffic 1.00 7.31% $ 7,276 AUTO THEFT: Sargeant _ Auto Theft 0.30 6.771% $ 7,185 InvestigatorAuto Theft 2.00 6.77% $ 39,669 Investigative Assistant _ Auto Theft 1.00 6.77% $ .8,546 Office Specialist Auto Theft 1.00 6.77% $ 6,906 DET: Seroeant DET 1.00 11.93% $ 52,734 Investigator DET 1,00 11.93% $ 44,170 SUBPOENA: Office Specialist Subpoena 1.00 6.95% $ 6,523 COURTS: Investigative Assistant Courts 2.00 21.8 % $ 51,681 MOTORCYCLE shared Su sloe Ser eant Motors le Supervision 1.00 6.90% $ 22,970 TOTAL REGI )NAL/SHARED 17.90 $ 356,612 OnIER CHARGES AND CREDITS(Subsection G-2): OTHER CHARGES: Sitar( ilf[lS"$ltlt�lafl#t Annual leave paydowns and apportionmant of cast of leave balances paid at end of amployrnent;premium pay for bilingual staff;contract administration;data line charges;direst services and supplies;Enhanced helicopter response services;E- Citation recurring costs for three(3)units;facility loaso;holiday pay;Integrated Law&justice of Orange County fees;Mobile Data Computer(MDC)recurring cost for seventeen(17)units;on-call pay;overtime;patrol training cost allocation;Patrol Video System(PVS) recurring cost for eleven(11)units;and transportation charges. CREGTITS: {rr��ltw Il1C };.Estimated vacancy credits;false alarm fees reimbursement for training and miscellaneous programs;and retirement rate discount for FY 1017-18. TOTAL OTTER CHARGES AND CREDITS , S 1,4913±435- TOTAL 097 OF SERVICES (Subsection G-2) $ 9,729,656 Orange County Sheriff-Coroner Department(OCSD) Law Enforcement Contract(LEC) Assumptions FY 2017-18—3rd Estimates/FINAL The Law Enforcement Contract Cost Study has been updated for FY 2017-18 (3"d Estimates/Final). Subsequent to the 2nd Estimates,the shared Motor Sergeant in Mission Viejo was reallocated to share 100% of the position versus 50% of the position. In addition, an internal review of the FY 2017-18 cost model was performed which resulted in a net decrease in overhead rates. The cost model changes are isolated to the FY 2017-18 cost model thus no other prior contract years were affected. Costs reflect statistical data from FY 2015-16 and updated rates from the 2017-18 County Budget Instructions. Below are the assumptions used in the 3rd Estimates and Final cost study. FY 2016-17 assumptions are shown for comparative purposes where appropriate. Assumption changes (from 2nd Estimate vs. 3rd Estimates) will be highlighted in yellow below. Direct Personnel Cost • Annual Hours of 2,080 are based on the number of paid days in FY 2017-18. o Hours in FY 2016-17 totaled 2,088. • Salary & Wages: Salary increases are projected as follows: o Orange County Employees Association (OCEA) ■ 2.5% Cost of Living Adjustment (COLA) effective 7/7/17 ■ A one-time lump sum payment of$500 o Orange County Management Association (OCMA) M 2.75% for performance compensation effective 7/7/17 o Association of Orange County Deputy Sheriffs (AOCDS) 1.5% COLA effective 7/7/17 ■ 1.5%COLA effective 1/5/18 o Association of County Law Enforcement Managers (ACLEM) ■ 1.5% COLA effective 7/7/17 ■ 1.5% COLA effective 1/5/18 The following rates are updated based on the FY 2017-18 Budget Instructions: o Retirement(See Attachment A for detail of the retirement componcnts). GroupFY 2016-17 FY 2017-18 Increase Variance FY 2017-18 LEC 2nd Est /o % 1 Est. Association of Orange County Deputy Sheriffs 67.32% 70.95% 3.63% 5.39% 72.15% (AOCDS Law Management(ML) 67.02% 1 71.85% 4.83% 7.21% 70.95% General 32.19% 32.71% 0.52% 1.62% 32.71% o Retirement- STAR Cola o Accidental Death & Dismemberment Insurance —rate increased for sworn staff only ("Benefits" category). o Dental Insurance o Health Insurance per month decreased from $862.46 to $789.79 (-8.4%) for professional staff and increased to $1,281.11 from $1,229.51 (+4.0%) for safety personnel.Both rates are based on the department average from the County's FY 2017- 18 Salary & Benefit Forecasting System. Page 1 of 5 5t9ls 7 ATTACHMENT 3 Orange County Sheriff-Coroner Department Law Enforcement Contract(LEC) Assumptions FY 2017-18-3rd Estimates/Final o Life Insurance o Medicare Insurance o Optional Benefit Plan (OBP) o Other Insurance o Salary Continuance Insurance o Unemployment o Workers' Compensation rate increased from 7.99%to 8.63% for Safety personnel. • Services and Supplies (S&S) o Services and Supplies cost are updated based on the FY 2015-16 S&S expenditures made at the Division level. FY 2016-17 FY 2017-18 Variance North Division Villa Park $ 3,267 $ 4,401 1,134 South Division $ 1,150 $ 2,094 994 o Liability Insurance decreased from $ 4,140 to $3,989(-3.6%). FY 2016-17 FY 2017-18 Variance Liability Cost $ 13,946,643 $ 13,920,923 (25,720 % Chane Base Year -0.18% • Overheads - Includes Department, Division, Training and County-Wide Cost Allocation Plan (CWCAP) which are updated to reflect the most current staffing levels. The following is the Department and Division cost per person comparison: Cost Per Person FY 2016-17 FY 2017-18 Variance %Change FY 2017-18 %change 3rd Est. 2nd Est. (2nd vs.3rd) Department Overhead $ 5,740 $ 6.O08 $ 268 4.67% $ 6,076 -1.14x, Division Overhead " Southwest Patrol 23,976 23,973 (3) -0.01% 23,887 0.4% Southeast Patrol 23,559 23.585 26 0.11% 23,353 1,0% San Clemente Patrol 18,339 17,981 (358) -1.95% 17,888 0.5% North Patrol- Stanton 16,098 15,206 (892) -5.54% 15,071 0.9% North Patrol-Villa Park 23,051 22,636 (415) -1.80% 22,504 0.6% North Patrol-Yorba Linda 16,098 15,206 (892) -5.54% 15,071 0.9% Southwest Investigation 48,956 59,964 11,008 22.49% 58,653 2.2i, Southeast Investigation 47,792 48,274 482 1.01% 47,602 1.4% San Clemente Investigation 48,956 59,964 11,008 22.49% 58,653 2.2% North Investigation-Villa Park 42,498 47,396 4,898 11.53% 47,409 0.0 Training Overhead 2,555 2634 79 3.09% 2,668 -1.31%, Page 2 of 5 5/9/17 Orange County Sheriff-Coroner Department Law Enforcement Contract(LEC) Assumptions FY 2017-18—3rd Estimates/Final o Department overhead decreased due to an increase in position counts to allocate costs which results in a decreased rate/person. o Division overhead increased due to a change in the AD&D rate and change in other overhead rates. In addition, rates increased due to the reallocation of the Motor Sergeant previously shared with the City of Mission Viejo. o Training overhead decreased due to an increase in position counts to allocate costs which results in a decreased rate/person. The following costs are included in the Division Overhead above: FY 2016-17 FY 2017-18 Variance % FY 2017-18 %Change Cost Per Position 3'a Est. Chane (2"d Est.) (2"d Vs.3rd) Captain- Southwest $ 1,668 $ 1,768 100 6.00% $ 1,808 -2.32% Captain- Southeast 1,703 1,888 185 10.86% 1,840 2.61% Captain- North 1,392 1,751 359 25.79% 1,751 0.00% Department Commander 2,519 2,706 187 7.42% 2,704 0.07% Emergency Communic. Bureau 11,593 10,907 (686) -5.92% 10,773 1.24% o Division Overhead for Southwest decreased primarily due to the reduction of the per person Department Overhead rate and Training Overhead rate. o Division Overhead for Southeast increased primarily due to the reallocation of the Motor Sergeant previously shared. o Division Overhead for the Department Commander increased due to a change in the overhead rate. o Division Overhead for the Emergency Communications Bureau increased due to a change in the position counts for cost allocation. The following is the CWCAP rate comparison: arison: Division FY 2016-17 FY 2017-18 j Variance South 2.28% 2.24% -0.04% North 2.52% 2.68% 0.16% Stanton 2.34% 2.07% -0.27% OCTA 1.67% 1.77% 0.10% San Clemente 2.06% 1.98% -0.08% Yorba Linda 1.63% 1.91% 0.28% Page 3 of 5 5/9/17 Orange County Sheriff-Coroner Department Law Enforcement Contract(LEC) Assumptions FY 2017-18—3rd Estimates/Final Shared or Regional Staff Positions • The Shared or Regional Staff positions include Direct Enforcement Team (DET), Regional Traffic, Auto Theft, and In-custody costs which are allocated based on FY 2015-16 actual case load statistics. Due to the relocation of the Motor Sergeant to Southwest Operations as part of the Traffic Office (see note below), costs related to the regional teams decreased as costs are spread over a wider base. • The Subpoena Clerks' cost is allocated based on each city's direct purchased Deputy Sheriff II (DSII), Investigators, and Community Services Officer(CSO) positions. • For 3`d Estimates, the Motorcycle Sergeant position (previously shared 50% with Mission Viejo and 50% to cities with motor deputies) was reallocated and relocated to the Southwest Operations/Traffic Bureau, For 3rd Estimates, 100% of the Motorcycle Sergeant position, MDC for the Motor Sergeant, repair/maintenance, consumables and motorcycle replacement costs (amortized over four years) has been allocated to all cities with motor deputies. The cost is allocated based on the number of motorcycle deputies in FY 2016-17. Following is a breakdown of the Shared Motor Sergeant cost allocation: Total Motor Sergeant Shared Costs= $ 333,064 DSII Motors Allocation Cost (FY 16-17) % Allocation Aliso Viejo 2 6.897% $ 22,970 Dana Point 1 3.448% 11,485 Laguna Hills 2 6.897% 22,970 Laguna Niguel 4 13.793% 45,940 Laguna Woods 0 0.000% - Lake Forest 3 10.345% 34,455 Mission Viejo 7 24.138% 80,395 Rancho Santa Margarita 2 6.897% 22,970 San Clemente 2 6.897% 22,970 Sa n J ua n Ca pistra no 2 6.897% 22,970 Stanton 1 3.448% 11,485 Villa Park 0 0.000% - Yorba Linda 3 10.345% 34,455 Total 29 100.00% $ 333,064 Page 4 of 5 Orange County Sheriff-Coroner Department Law Enforcement Contract(LEC) Assumptions FY 2017-18—3rd Estimates/Final Additional Cost/Revenue • The following categories have been updated to reflect the final FY 2017-18 cost or revenue: o Annual Leave Pay—(Consist of Termination Pay and Annual Leave pay down). o Bilingual Pay o Contract Administration o Credit to Stanton for services and supplies related to deployment from Stanton. o Data line charge o Direct Services & Supplies o E-Citation o Enhanced Helicopter Response Services o Holiday Pay: Comp & Straight Time o Integrated Law& Justice Agency of Orange County(ILJAOC) o Mobile Data Computer (MDC) Recurring & Replacement Costs (includes MDC's for Motors based on motor position counts). o On-Call Pay o Overtime Projection costs are estimated and based on agreed upon hours with City/Agency concurrence. o Patrol Training reflects the administrative and overtime backfill costs. o Patrol Video System (PVS) o Retirement Rebate (or Pension Prepayment Discount) o Revenue/False Alarm o Revenue/Training Reimbursement o Southeast Substation Facility Expense Cost is based on the scheduled FY 2017-18 lease payments and reconciled common operating expenses and is allocated to the South Contract Cities and Unincorporated Patrol excluding San Clemente. o Transportation Costs o Vacancy Credits for FY 2017-18 are an estimated amount based on City/Agency concurrence. o Bureau of State and Community Corrections (BSCC) funding was not distributed to OCSD for FY 2016-17 thus no credits were applied in FY 2017-18's contract. 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