18-0425_ORANGE, COUNTY OF_3rd Amd to Agreement 1 THIRD AMENDMENT TO AGREEMENT
2 BETWEEN THE
3 CITY OF SAN JUAN CAPISTRANO
4 AND THE
5 COUNTY OF ORANGE
6
7 THIS THIRD AMENDMENT TO AGREEMENT, entered into this
8 Twenty-Fifth day of April 2018, which date is enumerated for purposes of reference
9 only, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to
10 as "CITY" and the COUNTY OF ORANGE, a political subdivision of the State of
11 California, hereinafter referred to as "COUNTY", to amend effective July 1, 2018, that
12 certain Agreement between the parties commencing July 1, 2015, hereinafter
13 referred to as the "Agreement".
14 1. For the period July 1, 2018 through June 30, 2019, REGULAR SERVICES BY
15 COUNTY, Subsection C-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, 2018 through June 30, 2019, is set forth in Attachment
18 F and incorporated herein by this reference."
19 2. For the period July 1, 2018 through June 30, 2019, REGULAR SERVICES BY
20 COUNTY, Subsection C-10 is added to the Agreement to read as follows:
21 "C-10. With the limitations set forth below, SHERIFF, on behalf of COUNTY, and
22 CITY Manager, on behalf of CITY, are authorized to execute written
23 amendments to this Agreement to increase or decrease the level of service
24 set forth in Attachment F, when SHERIFF and CITY Manager mutually agree
25 that such increase or decrease in the level of service is appropriate. Any
26 such amendment to the Agreement shall concomitantly increase or decrease
27 the cost of services payable by CITY set forth in Attachment G and
28 incorporated herein by this reference, and the Maximum Obligation of CITY
Page 1 of 7
1 set forth in Subsection G-2, in accordance with the current year's COUNTY
2 law enforcement cost study. SHERIFF and CITY Manager shall file copies
3 of any such amendments to this Agreement with the Clerk of COUNTY's
4 Board of Supervisors and CITY's Clerk. Amendments to this Agreement
5 executed by SHERIFF and CITY Manager may not, in the aggregate,
6 increase or decrease the cost of services payable by CITY by more than one
7 percent (1%) of the total cost originally set forth in Attachment G and the
8 Maximum Obligation originally set forth in Subsection G-2 for FY 2018-19.
9 Prior approval by COUNTY's Board of Supervisors and CITY's Council is
io required before execution of any amendment that brings the aggregate total
11 of changes in costs payable by CITY to more than one percent (1%) of the
12 total cost originally set forth in Attachment G and the Maximum Obligation
13 originally set forth in Subsection G-2 of this Agreement for FY 2018-19.
14 3. For the period July 1, 2018 through June 30, 2019, PATROL VIDEO SYSTEMS,
15 Subsection E-3 of the Agreement is amended to read as follows:
16 "E-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and
17 installation of Patrol Video Systems that are or will be mounted in patrol
18 vehicles assigned to CITY, and b) recurring costs, as deemed necessary by
19 COUNTY, including the costs of maintenance and contributions to a fund for
20 replacement and upgrade of such PVS when they become functionally or
21 technologically obsolete.
22 The costs to be paid by CITY for recurring costs, including maintenance and
23 replacement/upgrade of PVS, are included in the costs set forth in
24 Attachment G and the Maximum Obligation of CITY set forth in Subsection
25 G-2 of this Agreement unless CITY has already paid such costs. CITY shall
26 not be charged additional amounts for maintenance or replacement/upgrade
27 of said PVS during the period July 1, 2018 through June 30, 2019."
28
Page 2 of 7
1 4. For the period July 1, 2018 through June 30, 2019, PAYMENT, Subsection G-2 of
2 the Agreement is amended to read as follows:
3 "G-2. Unless the level of service as set forth in Attachment F is increased or
4 decreased by mutual agreement of the parties, or CITY is required to pay
5 for increases as set forth in Subsection G-4, the Maximum Obligation of
6 CITY for services set forth in Attachment F of this Amendment, other than
7 Licensing Services, to be provided by the COUNTY for the period July 1,
8 2018 through June 30, 2019, shall be $10,291,020, as set forth in
9 Attachment G.
io The overtime costs included in the Agreement are only an estimate.
11 COUNTY shall notify CITY of actual overtime worked during each fiscal year.
12 If actual overtime worked is above or below budgeted amounts, billings will
13 be adjusted accordingly at the end of the fiscal year. Actual overtime costs
14 may exceed CITY's Maximum Obligation."
15 5. For the period July 1, 2018 through June 30, 2019, PAYMENT, Subsections G-4a,
16 G-4b and G-6 of the Agreement are amended to read as follows:
17 "G-4a. At the time this Agreement is executed, there are unresolved issues
18 pertaining to potential changes in salaries and benefits for COUNTY
19 employees. The costs of such potential changes are not included in the
20 FY 2018-19 cost set forth in Attachment G nor in the FY 2018-19
21 Maximum Obligation of CITY set forth in Subsection G-2 of this
22 Agreement. If the changes result in the COUNTY incurring or becoming
23 obligated to pay for increased cost for or on account of personnel whose
24 costs are included in the calculations of costs charged to CITY hereunder,
25 CITY shall pay COUNTY, in addition to the Maximum Obligation set forth
26 in Subsection G-2 of this Agreement, the full costs of said increases to the
27 extent such increases are attributable to work performed by such
28 personnel during the period July 1, 2018 through June 30, 2019, and
Page 3 of 7
1 CITY's Maximum Obligation hereunder shall be deemed to have
2 increased accordingly. CITY shall pay COUNTY in full for such increases
3 on a pro-rata basis over the portion of the period between July 1, 2018
4 and June 30, 2019 remaining after COUNTY notifies CITY that increases
5 are payable. If the changes result in the COUNTY incurring or becoming
6 obligated to pay for decreased costs for or on account of personnel whose
7 costs are included in the calculations of costs charged to CITY hereunder,
s COUNTY shall reduce the amount owed by the CITY to the extent such
9 decreases are attributable to work performed by such personnel during
10 the period July 1, 2018 through June 30, 2019, and CITY's Maximum
11 Obligation hereunder shall be deemed to have decreased accordingly.
12 COUNTY shall reduce required payment by CITY in full for such
13 decreases on a pro-rata basis over the portion of the period between
14 July 1, 2018 and June 30, 2019 remaining after COUNTY notifies CITY
15 that the Maximum Obligation has decreased.
16 G-4b. If CITY is required to pay for increases as set forth in Subsection G-4a
17 above, COUNTY, at the request of CITY, will thereafter reduce the level
18 of service to be provided to CITY as set forth in Attachment F of this
19 Agreement to a level that will make the Maximum Obligation of CITY
20 hereunder for the period July 1, 2018 through June 30, 2019 an amount
21 specified by CITY that is equivalent to or higher than the Maximum
22 Obligation set forth in Subsection G-2 for said period at the time this
23 Agreement originally was executed. The purpose of such adjustment of
24 service levels will be to give CITY the option of keeping its Maximum
25 Obligation hereunder at the pre-increase level or at any other higher or
26 lower level specified by CITY. In the event of such reduction in level of
27 service and adjustment of costs, the parties shall execute an amendment
28 to this Agreement so providing. Decisions about how to reduce the level
Page 4 of 7
1 of service provided to CITY shall be made by SHERIFF with the approval
2 of CITY.
3 G-6. COUNTY shall invoice CITY monthly, one-twelfth (1/12) of the Maximum
4 Obligation of CITY. If a determination is made that increases described
5 in Subsection G-4 must be paid, COUNTY thereafter shall include the
6 pro-rata charges for such increases in its monthly invoices to CITY for the
7 balance of the period between July 1, 2018 and June 30, 2019."
8 6. Effective July 1, 2018, TRAFFIC VIOLATOR APPREHENSION PROGRAM,
9 Subsection M-3 of the Agreement is amended to read as follows:
10 "M-3. Fee revenue generated by COUNTY and participating cities will be used to
11 fund the following positions, which will be assigned to the Program:
12 • Ten one hundredths of one (0.10) Sergeant
13 (8 hours per two-week pay period)
14 • One (1) Staff Specialist
15 (80 hours per two-week pay period)
16 • One (1) Office Specialist
17 (80 hours per two-week pay period)"
18 7. For the period July 1, 2018 through June 30, 2019, MOBILE DATA
19 COMPUTERS, Subsection N-3 of the Agreement is amended to read as follows:
20 "N-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition
21 and installation of MDCs that are or will be mounted in patrol vehicles and
22 motorcycles assigned to CITY, and b) recurring costs, as deemed
23 necessary by COUNTY, including the costs of maintenance and
24 contributions to a fund for replacement and upgrade of such MDCs when
25 they become functionally or technologically obsolete.
26 The costs to be paid by CITY for recurring costs, including maintenance
27 and replacement/upgrade of MDCs, are included in the costs set forth in
28 Attachment G and the Maximum Obligation of CITY set forth in Subsection
Page 5 of 7
1 G-2 of this Agreement unless CITY has already paid such costs. CITY
2 shall not be charged additional amounts for maintenance or
3 replacement/upgrade of said MDCs during the period July 1, 2018 through
4 June 30, 2019."
5 8. For the period July 1, 2018 through June 30, 2019, E-CITATION UNITS Subsection
6 0-3 of the Agreement is amended to read as follows:
7 "0.3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of
8 E-Citation units that are assigned to CITY, and b) recurring costs, as deemed
9 necessary by COUNTY, including the costs of maintenance and contributions
10 to a fund for replacement and upgrade of such E-Citation units when they
11 become functionally or technologically obsolete.
12 The costs to be paid by CITY for recurring costs, including maintenance and
13 replacement/upgrade of E-Citation units, are included in the costs set forth in
14 Attachment G and the Maximum Obligation of CITY set forth in Subsection
15 G-2 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 E-Citation units during the period July 1, 2018 through June 30,
18 2019."
19 9. All other provisions of the Agreement, to the extent that they are not in conflict
20 with this THIRD AMENDMENT TO AGREEMENT, remain unchanged
21 1/
22 1/
23 1/
24 /1
25 //
26 //
27 //
28 1/
Page 6 of 7
1 IN WITNESS WHEREOF, the parties have executed the THIRD
2 AMENDMENT TO AGREEMENT in the County of Orange, State of California.
3 DATED: t �O
4 L �' , I CITY OF SAN JUAN C PISTRANO
5 ATTEST:
Cly Clerk 0
6 �-
7 BY: f--�
Mayor
8
APPROVED AS,TO FORM:
9
10 BY: �`
Cit Attorney
11 (�
12 DATED: (01?-(eli
13
COUNTY OF ORANGE
14ti p20-
,10
15BY
:
16 Chairman 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 Attes •
21 f0A-ror
22 Robin -tieler
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: 'G1/2l %a--
Deputy
27
67(0 r28 DATED:
Page 7 of 7
ATTACHMENT F
ORANGE COUNTY SHERIFF-CORONER
FY 2018-19 LAW ENFORCEMENT CONTRACT
CITY OF SAN JUAN CAPISTRANO
"REGULAR SERVICES BY COUNTY"
(Subsection C-4)
LEVEL OF SERVICE PROVIDED BY SHERIFF:
Title Detail Quantity Frequency
MANAGEMENT:'"
Lieutenant 1.00
SUPERVISION: -
Sergeant Patrol 4.00 each, 80 hrs./per two wk. pay period
Sergeant Administrative 1.00 80 hrs./per two wk. pay period
INVESTIGATION-SERVICES:'.
Investigator 2.00 each, 80 hrs./per two wk. pay period
PATROL AND TRAFFIC SERVICES*:.
Deputy Sheriff II -Patrol Patrol 15.00 each, 80 hrs./per two wk. pay period
Deputy Sheriff II -Motor Motorcycle 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 II 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 Extra Help As needed
*
Deployment to be determined by SHERIFF in cooperation with CITY Manager
REGIONAL/SHARED STAFF:
Title Regional Team Quantity %Allocation
Sergeant Traffic 0.60 6.61%
Deputy Sheriff II Traffic 4.00 6.61%
Investigative Assistant Traffic 2.00 6.61%
Office Specialist Traffic 1.00 6.61%
AUTO THEFT: ''.. . . :.;
Sergeant Auto Theft 0.30 _ 4.84%
Investigator Auto Theft 2.00 4.84%
Investigative Assistant Auto Theft 1.00 4.84%
Office Specialist Auto Theft 1.00 4.84%
Sergeant DET 1.00 12.19%
Investigator DET 1.00 12.19%
:SUBPOENA: . ..
Office Specialist Subpoena 1.00 6.92%
COURTS: -
Investigative Assistant Courts 2.00 21.54%
MOTORCYCLE'shared Supervision):: . - '
Sergeant Motorcyle Supervision 1.00 6.45%
TOTAL 17
Page 1 of 1
ATTACHMENT G
•
ORANGE COUNTY SHERIFF-CORONER
FY 2018-19 LAW ENFORCEMENT CONTRACT
CITY OF SAN JUAN CAPISTRANO
"PAYMENT"
(Subsection G-2)
COST OF SERVICES PROVIDED BY SHERIFF(Subsection G-2):
Cost of Service Cost of Service
Title Detail Quantity (each) Total
MANAGEMENT: .
Lieutenant 1.00 $ 379,122 $ 379,122
SUPERVISION:_. . - . " -
Sergeant _ Patrol 4.00 $ 326,575 $ 1,306,300
Sergeant Administrative 1.00 $ 326,575 $ 326,575
INVESTIGATION SERVICES: • ' . : " . .
Investigator 2.00 $ 320,454 $ 640,908
PATROL AND TRAFFIC SERVICES: . .
Deputy Sheriff II-Patrol Patrol 15.00 $ 268,748 $ 4,031,220
Deputy Sheriff II-Motor Motorcycle 2.00 $ 274,176 $ 548,352
ADDITIONAL SERVICES: - ,
Crime Preveniton Specialist Crime Prevention 1.00 $ 101,927 $ 101,927
Community Services Officer Parking Control 2.00 $ 123,914 $ 247,828
Deputy Sheriff II Community Support 1.00 $ 268,748 $ 268,748
Deputy Sheriff II DET 1.00 $ 268,748 $ 268,748
Deputy Sheriff II Extra Help $ 75,658
' 'TOTALPOSITIONS." .• . ', - . . . 30.00 ._ . . ' $ . 8,195,386
REGIONAL/SHARED STAFF:
Title Regional Team Quantity %Allocation Cost$
TRAFFIC:L .
Sergeant Traffic 0.60 6.61% $ 15,353
Deputy Sheriff II Traffic 4.00 _ 6.61% $ 74,327
Investigative Assistant Traffic 2.00 6.61% $ 16,735
Office Specialist Traffic 1.00 6.61% $ 6,750
AUTO,THEFT:
Sergeant Auto Theft 0.30 _ 4.84% $ 5,638
Investigator Auto Theft 2.00 4.84% $ 30,089
Investigative Assistant Auto Theft _ 1.00 4.84% $ 6,329
Office Specialist Auto Theft 1.00 4.84% $ 4,982
Sergeant DET 1.00 12.19% $ 58,140
Investigator DET 1.00 12.19% $ 51,299
Office Specialist Subpoena 1.00 6.92% $ 6,502
COURTS:` ..
Investigative Assistant Courts 2.00 21.54% $ 52,405
-MOTORCYCLE(shared Supervision): •: . . . ". . - . , ." '
Sergeant Motorcyle Supervision 1.00 6.45% $ 22,527
TOTAL REGIONAL/SHARED : .. : '17.90' : $ .351,076
OTHER CHARGES AND CREDITS(Subsection G-2):
i :. OTHER CHARGES:= •
..-_._ . -..._.-_��,-_.-•- ------_._.vim_.-__ _ .. .----__ - - -' "`• - - = - - _.. .-:..r•--:. . . . . : : _:.. .,
Other Charges include: Annual leave paydowns and apportionment of cost of leave balances paid at end of employment;premium pay
for bilingual staff;contract administration;data line charges;direct services and supplies;Enhanced helicopter response services;E-
Citation recurring costs for three(3)units;facility lease;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.
CREDITS:
Credits include:Estimated vacancy credits;false alarm fees reimbursement for training and miscellaneous retirement
programs;and retirement rate
discount for FY 2018-19.
TOTAL'OTHER CHARGES AND CREDITS-. ; •: . , . "$ 1,744,558 -
TOTAL COST:OF SERVICES-::(S'iibsection G-2),'. . : , . . .$. 10,291,020
Page 1 of 1