18-0611_ORANGE, COUNTY OF_E16_Agenda ReportTO:
FROM:
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
~njamin Siegel, City Manager
SUBMITTED BY: Jacob Green, Assistant City Manager ¥
DATE : June11 ,2018
6/11/2018
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SUBJECT: Third Amendment to the Law Enforcement Services Agreement for
Fiscal Year 2018-19 (Orange County Sheriff's Department)
RECOMMENDATION:
Approve the Third 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 $10,291,020, subject to the approval
of the Operating Budget for Fiscal Year 2018-19.
EXECUTIVE SUMMARY :
The City of San Juan Capistrano has contracted with the Orange County Sheriff's
Department (OCSD) for law enforcement services since incorporating in 1961. This is
the third amendment to the five-year agreement (Attachment 1) that began on July 1 ,
2015.
Staff is recommending approval of the Third Amendment (Attachment 2) to the Five-
Year Law Enforcement Services Agreement. The cost for law enforcement services for
Fiscal Year 2018-19 is estimated to be $10,291,020, which is a 5 .77% increase
compared to the Fiscal Year 2017-18 estimate of $9,729,656. The primary cause for
the contract cost increase is salary and wage increases resulting from contract
negotiations between the County of Orange Board of Supervisors and the OCSD labor
unions. Additional factors contributing to the escalating contract costs inClude an
increase in OCSD transportation costs, department overhead, and training overhead
expenditures.
City Council Agenda Report
June 11 , 2018
Page 2 of 4
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
to submit a proposed staffing level and financial obligation update each year to the
Council for approval. The OCSD has submitted the Third Amendment to the Agreement
for Council approval for the period of July 1, 2018 to June 30, 2019 . The attached
document entitled "OCSD Law Enforcement Contract Assumptions " details the
proposed staffing levels for the coming year, associated costs , and assumptions that
were used to formulate these projections (Attachment 3).
The Fiscal Year 2018-19 direct staffing level of 30 full-time OCSD employees is the
same as Fiscal Year 2017-18.
The following chart depicts the City's dedicated law enforcement staffing resources :
QUANTITY DEDICATED POSITIONS
1 Lieutenant
5 Sergeant (4 Patrol + 1 Administrative)
2 Investigator
15 OS II Patrol
2 OS II Motorcycle
1 OS II Community Support
1 OS II-OET
OS 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 2018-19, the City will share resources of 17 .90 full -time employees , the
same shared staffing allocation as 2017-18 .
City Council Agenda Report
June 11, 2018
Page 3 of 4
The following chart depicts the City's shared law enforcement staffing resources:
QUANTITY REGIONAL I SHARED STAFF % ALLOCATION
0 .6 Traffic-Sergeant 6 .61%
4 Traffic-Deputy Sheriff II 6 .61%
2 Traffic -Investigative Assistant 6 .61%
1 Traffic-Office Specialist 6.61%
0 .3 Auto Theft -Sergeant 4 .84%
2 Auto Theft -Investigator 4 .84%
1 Auto Theft -Investigative Assistant 4.84 %
1 Auto Theft-Office Specialist 4 .84%
1 DET-Sergeant 12 .19 %
1 DET-Investigator 12 .19%
1 Subpoena -Office Specialist 6 .92%
2 Courts -Investigative Assistant 21 .54%
1 Motorcycle Sergeant + MDC 6.45%
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, 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.
Notwithstanding the above, given the annual increases in law enforcement contract
costs, on September 5, 2017, the Council entered into a memorandum of understanding
with eight other municipalities that contract with the OCSD for law enforcement services
to conduct a cost and efficiency study. The study is underway and is anticipated to be
completed during the 2018-19 fiscal year.
FISCAL IMPACT:
The cost of law enforcement services for Fiscal Year 2018-19 is estimated to be
$10,291,020, which is a 5 .77% increase compared to the Fiscal Year 2017-18 estimate
of $9,729,656.
The amount budgeted for contracted law enforcement services as set forth in the
proposed Fiscal Year 2018-19 operating budget provides sufficient funding for this
amendment.
City Council Agenda Report
June 11, 2018
Page 4 of 4
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 Third Amendment to the Five-Year Law Enforcement
Services Agreement with the Orange County Sheriff's Department would not be an
activity with potential to cause significant effect on the environment and therefore is
exempt from CEQA.
PRIOR CITY COUNCIL R EVI EW :
• 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 .
• 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.
• On June 6, 2017, the Council approved the Second 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. Carl Bulanek, Chief of Police Services, Orange County Sheriff's Department
Lynn Yamada, Contracts Manager, Orange County Sheriff's Department
ATTACHMENT(S):
Attachment 1 -Five-Year Agreement for Law Enforcement Services
Attachment 2 -Fiscal Year 2018-19 Law Enforcement Services Agreement
Attachment 3-Fiscal Year 2018-19 Cost Estimates/Assumptions/Adjustments
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FIVE-YEAR AGREEMENT
BETWEEN THE
CITY OF SAN JUAN CAPISTRANO
AND THE
COUNTY OF ORANGE
7 THIS AGREEMENT, entered into this First day of May 2015 , which
8 date is enumerated for purposes of reference only, by and between the CITY OF
9 SAN JUAN CAPISTRANO, hereinafte r 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 W HEREAS, 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:
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ATTACHMENT 1
T ABLE OF CONTENT S
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3 SECTION PAGE
4 A. Term 3
5 B. Optional Termination 3
6 C. Regular Services by COUNTY 3
7 D. Enhanced and Supplemental Services by County 7
8 E. Patrol Video Systems 9
9 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
iS L. Indemnification 19
16 M. Traffic Violator Apprehension Program 20
17 N. Mobile Data Computers 23
18 0. E-Citation Units 24
19 Signature Page 26
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TERM:
The term of this Agreement shalL be for five (5) years, commencing July 1,
2015 and terminating June 30, 2020, unless earlier terminated by either party
in the manner set forth herein.
OPTIONAl TERMINATION:
COUNTY or CITY may terminate this Agreement, without cause, upon one-
hundred and eighty (180) days written notice to the other party.
REGULAR SERVICES BY COUNTY:
1. COUNTY, through its Sheriff-Coroner and deputies, officers and
employees, hereinafter referred to as "SHERIFF," shall render to CITY law
enforcement services as hereinafter provided. Such services shall include
the enforcement of lawful State statutes and lawful municipal ordinances of
CITY other than licensing ordinances.
2. The night, day and evening patrol and supervisory shifts will be established
by SHERIFF. Personnel of each shift may work varying a nd different times
and may be deployed to other shifts when, in the opinion of SHERIFF and
CITY Manager, the need arises. Any long-term shift deployment change
will be reported to the City Council.
3. Eacl1 fiscal year, COUNTY shall submit to CITY, in writing, a
recommended level of service for the following fiscal year. CITY shall
remit to COUNTY, in writing , its response to the recommended level of
service, It the parties are unable to agree by June 30 of any fiscal year on
the level of service to be provided by COUNTY to CITY or on the amount
to be paid by CITY for services to be provided by COUNTY tor the
following fiscal year. this Agreement will terminate as of September 30 of
the following fiscal year . If the parti es do not agree by June 30 on the levei
of service and cost of service for the following fiscal year, between . .July
and September 30 of the following fi s cal year, COUNTY w11l provide
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REGULAR SERVICES BY COUNTY: (Continued}
the level of service provided in preceding fiscal year, and CITY shall be
obligated to pay the costs of such services. The full cost of such services
may exceed the cost of similar services provided in the prior fiscal year .
4. The level of service, other than for licensing, to be provided by the
COUNTY for the period July 1, 2015 through June 30, 2016, shall be as
follows:
Management:
• One (1) Lieutenant
Supervision:
• Four (4) Sergeants-Patrol
(each 80 hours per two week pay period)
• One ( i ) Sergeant -Administrative
(80 hours per two-week pay period)
Investigation Services:
• Two (2) Investigators
(each 80 hours per two-week pay period)
Patrolrrratfic Services:
• Fourteen (14) Deputy Sheriff lis-Patrol
(each 80 hours per two-week pay period)
• One (1) Deputy Sheriff II-Speci a l Enforcement
(Directed Enforcement Team -DET)
(80 hours per two-week pay period)
s Three (3) Deputy Sheriff lis·· Motorcycle
(each 80 hours per two--week pay period)
Deployment to b e determined by SHERIFF in cooperation with CITY
manager .
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REGULAR SERVICES BY COUNTY: (Continued)
Community Support Unit:
• One (1) Deputy Sheriff II
(80 hours per two-week pay period)
• One (1) Crime Prevention Specialist
(80 hours per two-week pay period)
Parking Control:
• Two (2} Community Services Officers
(each 80 hours per two-week pay period)
Regional/ Shared Staff:
• 7.91 percent of sixty one hundredths of one (0.60) Sergeant-Traffic
• 7.91 percent of four (4) Deputy Sheriff lis-Traffic
• 7.91 percent of two (2) Investigative Assistants-Traffic
,. 7.91 percent of one (1) Office Specialist-Traffic
• 5 .38 percent of thiriy one hundredths of one (0.30) Sergeant-
Auto Theft
• 5.38 percent of two (2) Investigators-Auto Theft
• 5.38 percent of one (1) Investigative Assistant-Auto Theft
• 5.38 percent of one ( 1) Office Specialist-Auto Theft
• 12.21 percent of one (1) Sergeant-Directed Enforcement Team (DET)
• 12.21 percent of one (1) Investigator-Directed Enforcement Team (DET)
e 6.97 percent of one (1) Office Specialist-.Subpoena
• 13.86 percent of two (2) Investigative Assistants -Court
e 9.38 percent of one half of one (0.50) Motorcycle Sergeant
5 . For any service listed in Subsection C -4 of this Agreement that is provided
to CITY at less than 1 00°1o of a full-time SHERIFF position, COUNTY
retains the option to terminate such serv1ce in the event the other city or
cities which contract(s) for the balance of the time of the employee
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c. REGUlAR SERVICES BY COUNTY: (Continued)
providing the service no longer pay(s) for such service and CITY does not
request the Agreement be amended to pay 1 00% of the cost of the
employee providing such service. The Maximum Obligation of CITY set
forth in Subsection G-3 will be adjusted accordingly.
6. All services contracted for in this Agreement may not be operational on the
precise date specified in this Agreement. In those instances, SHERIFF
shall notify CITY Manager of the date or dates such service or services are
to be implemented. SHERIFF ·shall reduce the monthly charges to CITY,
based on the actual date of implementation of the service or services.
Charges shall be reduced on the next monthly billing tendered in
accordance with Subsection G-6 of this Agreement.
7. During emergencies, such as a mutual aid situation, SHERIFF will attempt
to leave in CITY the Lieutenant in charge of CITY Police Services. If
SHERIFF determines that the Lieutenant is needed elsewhere , SHERIFF
will notify CITY's Manager within four (4) hours. SHERIFF will return the
Lieutenant to CITY as soon as possible once the emergency situation is
under control.
8. With respect to the licensing ordinances of CITY listed in Attachment A
hereto, which is incorporated herein by this reference, SHERIFF shall
receive applications for CITY licenses pursuant to said ordinances and
complete tnvestigations relating to such applications. Said investigations
s.l1all be forwarded to CITY Manager. COUNTY shall not provide any
advisory, administrative, hearing or iitigation attorney support or .services
related to licen s ing . COUNTY shall not provide any administrative or
investigatory services related to the licensing ordinances listed m
Attachment A, hereto , except the investigations relating to initial
applications for which this subsection provides .
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REGULAR SERVICES BY COUNTY: (Continued)
9. COUNTY or CITY, upon thirty (30) days notice and mutual written
agreement,· shall increase or decrease the service levels provided herein,
and the obligation of CITY to pay for services shall be concomitantly
adjusted.
ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY:
Enhanced services fo r events on CITY property . At the request of CITY,
through its City Manager, SHERIFF may provide enhanced law enforcement
services for functions, such as community events, conducted on property that is
owned, leased or operated by CITY. SHERIFF shall determine personnel and
equipment needed for such enhanced services . To the extent the services
provided at such events are at a level greater than that specified in Subsection
C-4 of this Agreement, CITY shall reimburse COUNTY for such additional
services , at an amount computed by SHERIFF , based on the current year's
COUNTY law enforcement cost study . The cost of these enhanced services
shall be in addition to the Maximum Obligation of CITY set forth in Subsection
G-3 of this Agreement. SHERIFF shall bill CITY immediately after each such
event.
Sup pl e m e ntal se rvi c es fo r occasional events operated by private individuals
a nd entities on non -CITY p roperty. At the request of CITY, through its City
Manager, and within the limitations set forth in this subsection D-2 , SHERIFF
may provide supplemental law enforcement services to preserve the peace at
special events or occurrences that occur on an occasional basis and are
operated by private individuals or private entities on non-CITY property.
SHERIFF shall determin e personnel and equipmen t need ed for such
supplemental services, and will provide su c h supplem e ntal services only if
SHERIFF is able to do so without reducing the normal and regula r ongoing
service s that SHERIFF otherwise would provide to CITY pursuant to this
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D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued)
Agreement. Such supplemental services shall be provided only by regularly
appointed full-time peace officers, at rates of pay governed by a Memorandum
of Understanding between COUNTY and the bargaining unit(s) representing
the peace officers providing the services . Such supplemental services shall
include only law enforcement duties and shall not include services authorized
to be provided by a private patrol operator, as defined in Section 7582.1 of the
Business and Professions Code. Law enforcement support functions ,
including, but not limited to , clerical functions and forensic science services,
may be performed by non-peace officer personnel if the services do not
involve patrol or keeping the peace and are incidental to the provision of law
enforcement services. CITY shall reimburse COUNTY its full, actual costs of
providing such supplemental services at an amount computed by SHERIFF,
based on the current year's COUNTY law enforcement cost study. The cost
of these supplemental services shall be in addition to the Max imum Obliga tion
of CITY set forth in Subsection G-3 of this Agreement. SHERIFF shall bill
CITY immediately after each such event.
3 . S uppl eme n ta l se rvi ces for events op e ra ted b y p ublic en tit ies on no n-C IT Y
pro p erty . At the request of CITY ; th rough its City Manager, and within the
limitations set forth in this subsection D-3, SHERIFF may provide
supplemental la w enforcement services to preserve the peace at special
events or occurrenc e s that o ccur on an occasional basis and are operated by
public entities on non -CITY property. SHERIFF sh a ll determine personnel and
equipment ne e ded fo r such supplemental servi c es, and will provide su ch
s upplemental serv ices only if SHERIFF is able to do so without redu c ing
services that SHERIFF otherwi s e would provide to CITY pursuant to thi s
Agreement. CITY shall reimburse COUNTY its full , actual co s ts of providing
such supplemental services at an amount computed by SHER IFF , based on
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D.
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ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued)
the current year's COUNTY law enforcement cost study. The cost of these
supplemental services shall be in addition to the Maximum Obligation of CITY
set forth in Subsection G-3 of this Agreement. SHERIFF shall bill CITY
immediately after each such event.
4. Notwithstanding the foregoing, CITY, through its permit process, may utilize the
services of SHERIFF at events, for which CITY issues permits, that are
operated by private individuals or entities or public entities. SHERIFF shall
determine personnel and equipment needed for said events. If said events
are in addition to the level of services listed in Subsection C-4 of this
Agreement, CITY shall reimburse COUNTY for such additional services at an
amount computed by SHERIFF, based upon the current year's COUNTY law
enforcement cost study. The cost of these services shall be in addition to the
Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement.
SHERIFF shall bill CITY immediately after said services are rendered.
5. In accordance with Government Code 51350, COUNTY has adopted Board
Resolution 89-1160 which identifies Countywide services, including but not
limited to helicopter response. SHERIFF through this contract provides
enhanced helicopter response services. The cost of enhanced helicopter
response services is included in the cost of services set forth in Subsection G-
2 and in the Maximum Obligation of CITY set forth in Subsection G --3 .
COUNTY shall not charge any additional amounts for enhanced helicopter
services afte r the cost of services set forth in Subsection G-2 and in the
Maximum Obligation set forth in Subsection G <J has been established m any
fiscal year without written notification to the CITY .
PATROl VIDEO SYSTEMS:
l . As part of the law enforcement services provided to CITY, COUNTY has
provided, or wil! provide patrol video systems (hereinafter calle(J "PVS '')
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E. PATROL VIDEO SYSTEMS: (Continued)
that will be mounted in the patrol vehicles designated by COUNTY for use
within CITY service area.
2. SHERIFF has the exclusive right to use said PVS for law enforcement
services related to this Agreement.
3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and
installation of Patrol Video Systems that are or will be mounted in patrol
vehicles assigned to CITY, and b) recurring costs, as deemed necessary by
COUNTY, including the costs of maintenance and contributions to a fund for
replacement and upgrade of such PVS when they become functionally or
technologically obsolete.
The costs to be paid by CITY for recurring costs , including maintenance and
replacement/upgrade of PVS, are included in the costs set forth in
Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection
G-3 of thi s Agre e ment unles s CITY has a lready pa id such c osts. CITY shalf
not be c h arge d additional amounts for maintenance or replacement/upgrade
of said PVS during the period July 1, 2015 through June 30, 2016 .
4 . If , following the initial acqui s ition of PVS referenced above, CITY requires
PVS for addition a l patrol cars designated for use in the CITY service area,
COUNTY will purchase said additional PVS. Upon demand by COUNTY,
CITY will pay to COUNTY a) th e full costs of acquisition and in st allation of
sa id additi o nal PVS , and b) the full re c urring co sts for sa id PV S, as de e m ed
n ec es s a ry by COUNT Y , including the co s ts of m a intenance, and
contributions to a fund for replacement and upgrade of such PVS when they
b ecome functionally or technologically obsolete. Said costs related to
a.dcJitional PVS are not included in , and are in addition to , the costs set forth
in Subsection G-2 and the Maximum Obligation ot CITY set forth in
Subsection G-3 of this Agreement.
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PATROL VIDEO SYSTEMS: (Continued)
5. County will replace and/or upgrade PVS as needed. The costs of
replacing/upgrade PVS shall be paid by COUNTY from the
repiacement/upgrade funds to be paid by CITY in accordance with the
foregoing. CITY shall not be charged any additional charge to replace or
upgrade PVS.
LICENSING SERVICES BY CITY:
Upon receipt from SHERIFF of investigations of applications for licenses
referred to in Subsection C-8 of this Agreement, CITY Manager shall
determine whether to grant or deny the licenses and will issue the licenses or
notify the applicants of denial. CITY shall provide all attorney services related
to the granting, denial, revocation and administration of said licenses and the
enforcement of CITY ordinances pertaining to said licenses.
PAYMENT:
1 . Purs uant to Government Code Se ction 51 350 , CITY agrees to pay to
COUNTY the full costs of performing the services mutually agreed upon in
this Agreement. The cost of services includes salaries, wages, benefits,
mileage, services, supplies, equipment, and divisional, departmental and
COUNTY General overhead.
2. Unless the level of service described in Subsection C-4 is increased or
decreased, or CITY is require d to pay for increases as set forth in
Subsection G-4 . n1e co st of services describ e d in Subsection C-4 of this
Agre ement, othe r than Licensing Se rvices , to b e provide d by th e COUNTY
for th e period July 1, 2 015 through June 30 , 20i 6, shall be as fo!iow s:
SERVICE
Management:
• One (1) Lieutenant
@ $319 ,245/each
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COST OF SERVICE
$ 319 ,245
G. PAYMENT: (Continued)
2 SERVICE COST OF SERVICE
3 Supervision:
4 • Four (4) Sergeants-Patrol
sl @ $277,869/each $ 1,111,476
6 • One (1) Sergeant-Administrative
7 @ $277,869/each $ 277,869
8 Investigation Services:
9 • Two (2) Investigators
10 @ $275,999/each $ 551,998
11 Patrol/Traffic Services:
12 • Fourteen (14) Deputy Sheriff lis-Patrol
13 1 @ $230,739/each $ 3,230,346
14 • One (1) Deputy Sheriff II -Special Enforcement
15 (Directed Enforcement Team-DET)
16 @ $230,739/each $ 230,739
17 • Three (3) Deputy Sheriff lis -Motorcycle
18 @ $235,922/each $ 707,766
19 Community Support Unit:
20 • One (1) Deputy Sheriff II
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
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G. PAYMENT: (Continued)
2 SERVICE COST OF SERVICE
3 Regional/ Shared Staff:
4 • 7.91% of sixty one hundredths of one (0.60) Sergeant -Traffic
5 @ $281 ,289/each $ 13,350
6 • 7.91% of four (4) Deputy Sheriff lis-Traffic
7 @ 245,706/each $ 77,741
8 • 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 @ $91,980/each $ 4,949
20 • 12.21% of one (1) Sergeant-Directed Enforcement Team (DET)
21 @ $379,854/each $ 46,380
22 • 12.21% of one (1) Investigator-Directed Enforcement Team (DET)
23 @ $300,961/each $ 36,747
24 • 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
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PAYMENT: (Continued)
SERVICE COST OF SERVICE
• 9.38% of one half of one (0.50) Motorcycle Sergeant
@ $308,496/each
Other Charges and Credits:
$ 14,468
$ 1,176,721
Charges: 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; E-citation; enhanced helicopter response
services; facility lease; holiday pay: camp and straight time;
Integrated Law & Justice Agency of Orange County; mobile data
computer (MDC) recurring costs; on-call pay; overtime; patrol
training cost allocation; patrol video system (PVS) recurring costs;
retirement rate discount expenses (interest and cost of issuance);
training; transportation costs including vehicle fuel, mileage
interest for replacement vehicles and maintenance.
Credits: Local assistance funding; false alarm fees; overtime rate
adjustment; reimbursement for training and miscellaneous
programs; retirement rate discount FY 2015-16.
TOTAL COST OF SERVICES $ 8.453,9.3_0
3. Unless the level of service described in Subsection C-4 ls increased or
decreased, or CITY is required to pay for increases as set forth in
Subsection G-4, the Maxirnum Obligation of CITY for services, other than
Licensing Services that are referenced in Subsection C-4 of this Agreement
and rendered by COUNTY between .July 1, 2015 and June 30, 2016, is
$8A53.930.
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G. PAYMENT: (Continued)
4-a. At the time this Agreement is executed, there are unresolved issues
pertaining to potential changes in salaries and benefits for COUNTY
employees. The costs of such potentiai changes are not included in the
FY 2015-16 cost set forth in subsection G-2 nor in the FY 2015-16
Maximum Obligation of CITY set forth in Subsection G-3 of this
Agreement. If the changes result in the COUNTY incurring or becoming
obligated to pay for increased cost for or on account of personnel whose
costs are included in the calculations of costs charged to CITY hereunder,
CITY shall pay COUNTY, in addition to the Maximum Obligation set forth
in Subsection G-3 of this Agreement, the full costs of said increases to the
extent such increases to the are attributable to work performed by such
· personnel during the period July 1, 2015 through June 30, 2016, and
CITY's Maximum Obligation hereunder shall be deemed to have
increased accordingly. CITY shall pay COUNTY in full for such increases
on a pro-rata basis over the portion of the period between July 1, 2015
and June 30, 2016 remaining after COUNTY notifies CITY that increases
are payable. If the changes result in the COUNTY incurring or becoming
obligated to pay for decreased costs for or on account of personnel whose
costs are included in the calculations of costs charged to CITY hereunder,
COUNTY shall reduce the amount owed by the CITY to the extent such
decreases are attributable to work performed by such personnel during
the period July i, 2015 through June 30, 2016, and CITY's Maximum
Obligation hereunder shall be deemed to have decreased accordingly.
COUNTY shall reduce required payment by CITY in full for such
decreases on a pro-rata basis over the portion of the period between July
1, 2015 and June 30, 2016 remaining after COUNTY notifies CITY that
the Maximum Obligation has decreased.
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G.
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PAYMENT: (Continued)
4-b. If CITY is required to pay for increases as set forth in Subsection G-4a
above, COUNTY, at the request of CITY, will thereafter reduce the level
of service to be provided to CITY pursuant to Subsection C-4 of this
Agreement to a level that will make the Maximum Obligation of CITY
hereunder for the period July 1, 2015 through June 30, 2016 an amount
specified by CITY that is equivalent to or higher than the Maximum
Obligation set forth in Subsection G-3 for said period at the time this
Agreement originally was executed. The purpose of such adjustment of
service levels will be to give CITY the option of keeping its Maximum
Obligation hereunder at the pre-increase level or at any other higher or
lower level specified by CITY. In the event of such reduction in level of
service and adjustment of costs, the parties shall execute an amendment
to this Agreement so providing. Decisions about how to reduce the level
of service provided to CITY shall be made by SHERIFF with the approval
of CITY.
5. The Maximum Obligation of CITY for services provided for the 12-month
periods commencing July 1, 2016 , 2017, 2018 and 2019, will be
determined annually by COUNTY and approved by CITY .
6. COUNTY shall invoice CITY monthly, one-twelfth (1/12) of the Maximum
Obligation of CITY . If a determination is made that increases described in
Subsection G-4 must be paid , COUNTY thereafter shall include the pro-
rata charges for such increases in its monthly invoices to CITY for the
balance of the period berNeen July 1, 2015 and June 30 , 2016.
7. CITY shall pay COUNTY in accordance with COUNTY Board of
Supervisors' approved County Billing Policy, which is attached hereto as
Attachment B, and incorporated herein by this reference .
Page 16 of 26
G. PAYMENT: (Continued)
2 8. COUNTY shall charge CITY late payment penalties in accordance with
3 County Billing Policy.
4 9. As payment for the Licensing Services described in Subsection C-8 of this
s Agreement, COUNTY shall retain all fees paid by applicants for licenses,
6 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 thi s Agre e m e nt with respect to the d ivision of the increased fees
16 betwe en CITY and COUNTY.
17 10. Fees generated or collected by SHERIFF contract personnel for copying of
18 doc uments 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 whi c h is incorporated herein by thi s ref e ren ce .
23 H. NOTICES:
24 1. Except for the notices provided for in Subsection 2 of this Section, all
:?s 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:
2e //
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NOTICES: (Continued)
CITY: ATTN: CITY MANAGER
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
COUNTY: ATTN: CONTRACT MANAGER
SHERIFF-CORONER DEPARTMENT
320 NORTH FLOWER STREET, SUITE 108
SANTA ANA, CA 92703
2. Termination notices shall be effective when written and deposited in the
United States mail, certified, return receipt requested and addressed as
above.
STATUS OF COUNTY:
COUNTY is, and shall at all times be deemed to be, an independent
contractor. Nothing herein contained shall be construed as creating the
relationship of employer and employee, or principal and agent, between CITY
and COUNTY or any of COUNTY's agents or employees. COUNTY and its
SHERIFF shall retain all authority for rendition of services, standards of
performance, control of personnel, and other matters incident to the
performance of services by COUNTY pursuant to this Agreement COUNTY ,
its agents and employees, shall not be entitled to any rights or privileges of
CITY employees and shall not be considered in any manner to be CITY
e mployees.
STAT E AUDIT:
Pursuant to Government Code Section 8546 .7, CITY and COUNTY shall be
s ubJect to e xamination and audit by the State Audito r for a period of three (3 )
years after final payment by CITY to COUNTY under this Agreement . CITY
and COUNTY s hall retain all records relating to the performance of thi s
Agreement for said three -year period . except that records pertaining to any
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STATE AUDIT: (Continued)
audit then in progress, or any claim or litigation shall be retained beyond said
three-year period until final resolution of said audit, claim or litigation.
AlTERAT ION OF TERMS:
This Agreement futly expresses all understanding of CITY and COUNTY with
respect to the subject matter of this Agreement, and shall constitute the total
Agreement between the parties for these purposes. No addition to, or
alteration of, the terms of this Agreement shall be valid unless made in writing,
formally approved and executed by duly authorized agents of both parties.
INDEMNIFICATION:
1. COUNTY, its officers, agents, employees, subcontractors and independent
contractors shall not be deemed to have assumed any liability for the
negligence or any other act or omission of CITY or any of its officers, agents,
employees, subcontractors or independent contractors, or for any dangerous
or defective condition of any public street or work or prope rty of C ITY, or for
any illegality or unconstitutionality of C ITY's municipal ordin a n c es. CIT Y
shall indemnify and hold harmless COUNTY and its elected and appointed
officials, officers, agents, employees, subcontractors and independent
contractors from any claim, demand or liability whatsoever based or asserted
upon the condition of any public street or work property of CITY, or upon the
il!egality or unconstitutionality of any municipal ordinance of CITY that
SHERIFF has enforced, or upon any act or omission of CITY , or its elected
and appointed officials. officers, agents, ernployees, subcontractors or
mdependent contractors related to this Agreement, including , but not limited
to, any act or omission related to the maintenance or condition of any vehlclt'.1
or motorcycle that is owned or possessed by CITY and used by COUNTY
personnel in the pertormance of this Agreement, for property damage, bodily
injury or death or any other element of damage of any kind or nature. and
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M.
INDEMNIFICAT ION: (Continued)
CITY shall defend, at its expense including attorney fees, and with counsel
approved in writing by COUNTY, COUNTY and its elected and appointed
officials, officers, agents , employees, subcontractors and independent
contractors in any legal action or claim of any kind based or asserted upon
such condition of public street or work or property, or illegality or
unconstitutionality of a municipal ordinance, or alleged acts or omissions . If
judgment is entered against CITY and COUNTY by a court of competent
jurisdiction because of the concurrent active negligence of either party, CITY
and COUNTY agree that liability will be apportioned as determined by the
court . Neither party shall request a jury apportionment.
2. COUNTY shall indemnify and hold harmless CITY and its elected and
appointed officials, officers , agents, employees, subcontractors and
independent contractors from any claim, demand or liability whatsoever
based or asserted upon any act or omission of COUNTY or its elected and
appointed officials, officers, agents, employees, subcontractors or
independent contractors related to this Agreement, for property damage,
bodily injury or death or any other element of damage of any kind or nature,
and COUNTY shall defend, at its expense, including attorney fees, and with
counsel approved in writing by CITY, CITY and its elected and appointed
officials , officers, agents . employ£~es. subcontractors and independ£:mt
contractors in any legal action or claim of any kind based or asserted upon
such alleged acts or omissions.
TRAfFIC VIOLATOR APPREHENSION PROGRAM:
1 . COUNTY has established a Traffic Violator Apprehension Program (''the
Program"]. which is operated by SHERIFF, and is designed to reduce
vehicie accidents caused by uniicensed drivers and drivers whose licenses
are suspended and to educate the public about the requirements of the
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M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
Vehicle Code and related safety issues with regard to driver licensing,
vehicle registration, vehicle operation, and vehicle parking. The Program
operates throughout the unincorporated areas of the COUNTY and in the
cities that contract with COUNTY for SHERIFF's law enforcement services,
without regard to jurisdictional boundaries, because an area-wide
approach to reduction of traffic accidents and driver education is most
effective in preventing traffic accidents. In order for CITY to participate in
the Program, CITY has adopted a fee pursuant to Vehicle Code section
22850.5, in the amount and under the terms and conditions set forth in the
TVAP resolution that is attached to this Agreement as Attachment 0 and
incorporated into this Agreement by reference, and has directed that the
revenue from such fee be used for the Program. CITY's participation in
the Program may be terminated at any time by rescission or amendment of
the TVAP re solution that is attached to this Agreement as Attachment D.
In the event CITY 1) amends said TVAP resolution, or rescinds said TVAP
resolution and adopts a new TVAP resolution pertaining to the above-
referenced fee and the Program, and 2} remains a participant in the
Program thereafter, CITY's Manager, on behalf of CITY, and SHERIFF, on
behalf of COUNTY, have authority to execute an amendment to this
Agreement to substitute CITY's amended or new TVAP resolution for
Attachment 0 to the Agreement, as long as said amendment to this
Agreement does not materially change any other provision of this
Agreement.
2. COUNTY will make available for review, at the requ es t of CITY , all financial
data related to the Program as may be requested by CITY.
3 . Fee revenue generated by COUNTY and participating cities will be used to .
fund the following positions , which will be assigned to the Program :
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TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
• Ten one hundredths of one (0.1 0) Sergeant
(8 hours per two-week pay period)
• One (1) Staff Specialist
(80 hours per two-week pay period)
• One (1) Office Specialist
(80 hours per two-week pay period)
4. Fee revenue generated by CITY may be used to reimburse CITY for
expenditures for equipment and/or supplies directly in support of the Program.
In order for an expenditure for equipment and/or supplies to be eligible for
reimbursement, CITY shall submit a request for and obtain pre-approval of the
expenditure by using the form as shown in Attachment E. The request shall
be submitted within the budget schedule established by SHERIFF. SHERIFF
shall approve the expenditure only if both of the following conditions are
satisfied : 1) there are sufficien t Program funds , attributable to revenue
generated by CITY 's fee , to pay tor the requested purchase, and 2) CITY will
use the equipment and/or supplies, during their entire useful life, only tor
purposes authorized by its TVAP resolution in effect at the time of purchase.
In the event that CITY terminates its participation in the Program, CITY agrees
that the equipment purchased by CITY and reimbursed by Program funds will
continue to be used, during the remainder of its useful life, exclusively for the
purposes authorized by CITY's TVAP resolution in effect at the time of
purchase .
In the event the fees adopted by COUNTY, CITY and oth e r participating
jurisdictions are not adequate to continue operation of the Program at the level
at which it operated previou s ly . COUNTY , at the option of CITY . will reduce
the level of Program service to be provided to CITY or will continue to provide
the existing level of Program services . COUNTY will charge CITY the cost of
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M.
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TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
any Program operations that exceed the revenue generated by fees. Such
charges shall be in addition to the Maximum Obligation of CITY set forth in
Subsection G-3 of this Agreement. The amount of any revenue shortfall
charged to CITY will be determined, at the time the revenue shortfall is
experienced, according to CITY's share of Program services r.endered. In the
event of a reduction in level of Program service , termination of Program
service or adjustment of costs, the parties shall execute an amendment to the
Agreement so providing. Decisions about how to reduce the level of Program
service provided to CITY shall be made by SHERIFF with the approval of
CITY.
MOBILE DATA COMPUTERS:
1. As part of the law enforcement services to be provided to CITY, COUNTY
has provided, or will provide, mobile data computers (hereinafter called
"MDCs") that are or will be mounted in patrol vehicles and motorcycles,
designated by COUNTY for use within CITY limits.
2. SHERIFF has the exclusive right to use said MDCs for law enforcement
services related to this Agreement.
3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition
and installation of MDCs that are or will be mounted in patrol vehicles and
motorcycles assigned to CITY. and b) recurring costs, as deemed
nece s sary by COUNTY, including the costs of maintenance and
contributions to a fund for replac e ment and upgrade of such MOCs when
they b e com e functionally· or technologically obsole te.
Th e costs to be paid by CITY for recurring co sts , including m a intenan ce
and replacement/upgrade of MDC s, are included in the cost s set forth in
Subsection G -2 and the Maximum Obligation of CITY set forth in
Subsection G-3 of this Agreement unless CITY has already paid such
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MOBILE DATA COMPUTERS: (Continued)
costs. CITY shall not be charged additional amounts for maintenance or
replacement/upgrade of said MDCs during the period July 1, 2015 through
June 30, 2016 .
4. If, following the initial acquisition of MDCs referenced above, CITY requires
MDCs for additional patrol cars or motorcycles designated for use in the
CITY, or for CITY's Emergency Operations Center, COUNTY will purchase
said additional MDCs. Upon demand by COUNTY, CITY will pay to
COUNTY a) the full costs of acquisition and installation of said additional
MDC's, and b) the full recurring costs for said MDCs, as deemed
necessary by COUNTY, including the costs of maintenance, and
contributions to a fund for replacement and upgrade of such MDCs when
they become functionally or technologically obsolete. Said costs related to
additional MDCs are not included in , and are in addition to, the costs set
forth in S ubsection G-2 and the Maximum Obligation of C ITY set forth in
Subsection G-3 of this Agree ment.
5. COUNTY will replace and/or upgrade MDCs as needed. The costs of
replacing/upgrading MDCs shall be paid by COUNTY from the
repl acement/up g rade funds to be paid by CITY in accordance with the
foregoing. CITY shall not be charged any additional charge to replace or
upgrade MDC s .
E-CITATION UNITS:
1. As part of the law enforcement services to be provided to CITY, COUNTY
has provided, or will provide, E-Citation units designated by COUNTY for
use within CITY limits .
2. SHERIFF has the exclusive right to use said E-Citation units for law
enforcement services relatf.:d to this Agreement.
3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition ot
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0. E-CITATION UNITS: (Continued)
E-Citation units that are assigned to CITY, and b) recurring costs, as deemed
necessary by COUNTY, including the costs of maintenance and contributions
to a fund for replacement and upgrade of such E-Citation units when they
become functionally or technologically obsolete.
The costs to be paid by CITY for recurring costs, including maintenance and
replacement/upgrade of E-Citation units, are included In the costs set forth in
Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection
G-3 of this Agreement unless CITY has already paid such costs. CITY shall
not be charged additional amounts for maintenance or replacement/upgrade
of said E-Citation units during the period July 1, 2015 through June 30,
2016.
4. If, following the initial acquisition of E-Citation units referenced above, CITY
requires E-Citation units designated tor use in CITY, COUNTY will purchase
said additional E-Citation units. Upon demand by COUNTY. CITY will pay to
COUNTY a) the full costs of acquisition of said additionai E-Citation units,
and b) the full recurring costs for said E-Citation units, as deemed necessary
by COUNTY, including the costs of maintenance, and contributions to a fund
for replacement and upgrade of such E·Citation units when they become
functionally or technologically obsolete. Said costs related to additional
E-Citation units are not included in, and are in addition to , the costs se1 fotih
in Subsection G-2 and the Maximum Obligation of CITY set forth in
Subsection G-3 of this A.greemEH"it.
5. COUNTY will rf.:!place and/or upgrado E-Citation units as nee ded. The costs
of replacmg/up~Jrading E-Citation units sh a ll be paid by COUNTY from the
replacement/upqrade funds to be p id by C IT ( tn a ccordanc !1 with th •
foregoing CITY shall not be charg ed a ny addlt1 o na l c harge to rep lace r
upgrade E-Citation units .
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in the Co un
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IN WITNESS W HEREOF , the parties have executed the AGREEMENT
of orange, State of California.
'\ · ~\ DATED :._~~r=:-t-lt-"--=,J ;,___,_/_.\,=--·-___ _ I/· /
I ' / CITY OF SAN JUAN CAPISTRANO
....__)
APPROVED Aa TO FORM :
sv Q"'/1/7) -, .>--
7 CiiY'*tto rney
Chair rhan pf the Bpard ot Supervisors
County of Orange, California
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: / . , r-
•' / I • J• ) / • • • ! i
-L -! ,;:/? L __L.:__' I . . .. 21
Robin Stieler ;?21 Interim Clerk of the Board
21 County of Orange, California
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APPROVED AS TO FORM:
Office of the County Counsel
Orange County , Ca lifornia
. /
BY:
Deputy
I ,
DATED: I---.. ~ .. ---
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 N0.869 ( 9-3.503 MC)
6 LICENSING
7
8 DANCE INSTRUCTOR (NUDE)
9 DANCE STUDIO (NUDE)
10 ESCORT
11 ESCORT BUREAU
12 FIGURE MODEL' (NUDE)
13 FIGURE MODEL STUDIO (NUDE)
14 GUN DEALER
15 II'JTERLOCUTRIX (NUDE)
16 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
~~4 RAP SESSION (NUDE)
25 SECONDHAf'.JD DEALER (Pawnbroker)
26 TAXICAB STAND
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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.
Nothing herein shall affect the liability, including pre-judgment interest, of the contracting
party tor services or materials in as much as this is a policy to enact standard billing
practices.
II. DEFINITIONS
A. Contract for the purposes of this policy -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 C ounty -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.
Ill. FIXED PRICE CONTRACTS
A. Fixed Price (One-Time/Non-Recu rring Contracts) -Invoices that represent a billing for a
one-time, non-recurring provision of materials and/or services shall be issued no iater
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 (Ongo1ng/Recurnnq Con tracts) -Invoices that represent a billing for an
ongoing, recurring provision of materials and/or services shall be issued according to the
following frequency~
Annual Billings that total $10,000 or less per i 2-rnonth period shall be billed via one
('I) annual invoice. Annual invoices will be issued for each 12-rnonth period of the
contract, or portions thereof Invoices shall be issued no later !han five working days
after the beginning of each 12-rnonth penod. 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 late r
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 , recu r ring provision of materials and/or
services might be a city contracting with the Sheriff for law enforcement services.
IV. ACTUAL COST CONTRACTS
A. Actu al Cost (O n e-T im e/Non-Recur ri ng 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. Actu al Cost (Ongoing/Recurring Co n tra cts) -Invoices that represent a billing for an
ongoing, recurring provision of material s and /or services shall be issued on a monthly
bas is and sh a ll re prese nt th e cost of mat erial s a nd/or services p rovid ed to th e
co ntrac ting entity during th e previou s cale nda r m onth . S uc h invoices sha ll b e iss u ed no
tater than 15 days after the close of the monthly billing p er iod. If th e County
a gency/d ep a rtm ent/di stri ct does not utilize a monthly billing cycl e, the invo ic e shall be
is s ued no late r than 15 day s after actual cost data is available. Payment due date shall
be invoice da te plus 30 days .
Exampl e s of actual c ost contracts for th e ongoing, recurring provision of materials and/or
servi ces might be a city c ontracting with the County for communi c ations equipme nt
repair or waste disposal at a County landfill.
V. PAYMENT DUE DATES
Notwithstanding the provisions of Sections II and til 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
1ssuing an invoice , the contracting entity would still have a payment due date o1 either 60
days after the beginning of the quarter (quarterly invoices) or 30 day s after the beginning o!
the service month (monthly invoices)
(EXAMPLES: An invoice for October service. dated and issued October 8 (late) would have
a payment clue date of November 7. An invoice for August service , dated and issued .July 20
(earl·y) would have a payment due date of August 30.)
Page 2 of 4
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 mar k 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 v ia 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 fo r 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 shalt 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
acco rdance 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.
Vlll. DISCOUNT FOR EARLY PAYMENT
Any payment received by the County frorn a contracting entity 20 days or more before the
payrnent due date shall be entitled to a discount of on~3-quarter of one percent (0.25'Yo). If
the contracting entity takes a discount, and the payment is received by the County less than
20 days before lhe payment due date, County staff shall immediately notify thEl 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 calcuiated 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 charg es or prepayment for materi a ls and/or services
for the upcoming fiscal year shall be reclassified from a revenue account to a deferred
revenue account (liability). !n 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.
XL 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 shalt 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
wilt 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
612!03
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
."" ATTACHMENT 0
RESOLUTION NO. 00-7-18-4
ORANGE COUNTY SHERIFFS DEPARTMENT TRAFFIC VIOLA TOR
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 drjvers, 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
Sheriffs 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.
ATIEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, 00 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:
NOES:
ABSTAIN:
ABSENT:
(SEAL)
Council Members Bathgate, Greiner, !!art, Swerdlin
and .Mayor Campbell
None
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TRAI<'FIC VIOLATOR APPREHENSION PROGRAM
.. CONT~CT CJ.TY
Panic:ipating City Rt:quvsi to Purchase From the TVA in FY Date
APPLICABILTY
QUANTITY lTEM DESCRIPTION TO TV A PROGRAM
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ESTIMATED COST
THE CITY CER T IFIES THAT THE EQUlP.ME NT PURCHASED BY CUY AND TO BE REIMBURSED BY PROGRA.,.\-1 FUNDS
Wll_L BE USED FOR ITS ENTIRE 'US EFUL LIFE EXCLUSIVELY FOR THE PURPOSES OF THE TRAFFIC VIOLATOR
l\PPREHEN SI0 :--.1 PROGR A M
ClTY MA~AGER REQl 'E:->T:
P1 imed !\a me:
Signarure· DATE
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ORANGE COU~TY SRIDI,UFF1-CORONER F>.EPAlriMEN't
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Recommended for Approval
CITY POLICE SERVICES CHIEF MAl'l'AGER-TVA PROGRAM
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THIRD AMENDMENT TO AGREEMENT
BETWEEN THE
CITY OF SAN JUAN CAPISTRANO
AND THE
COUNTY OF ORANGE
THIS THIRD AMENDMENT TO AGREEMENT, entered into this
a 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.
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19 2.
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For the period July 1, 2018 through June 30, 2019, REGULAR SERVICES BY
COUNTY , Subsection C-4 of the Agreement is amended to read as follows:
"C-4. The level of service, other than for licensing, to be provided by the COUNTY
for the period July 1, 2018 through June 30, 2019, is set forth in Attachment
F and incorporated herein by this reference ."
For the period July 1, 2018 through June 30, 2019, REGULAR SERVICES BY
COUNTY, Subsection C-10 is added to the Agreement to read as follows:
"C-10. With the limitations set forth below, SHERIFF, on behalf of COUNTY, and
CITY Manager, on behalf of CITY, are authorized to execute written
amendments to this Agreement to increase or decrease the level of service
set forth in Attachment F, when SHERIFF and CITY Manager mutually agree
that such increase or decrease in the level of service is appropriate. Any
such amendment to the Agreement shall concomitantly increase or decrease
the cost of services payable by CITY set forth in Attachment G and
incorporated herein by this reference, and the Maximum Obligation of CITY
Page 1 of 7
ATTACHMENT 2
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3.
set forth in Subsection G-2, in accordance with the current year's COUNTY
law enforcement cost study. SHERIFF and CITY Manager shall file copies
of any such amendments to this Agreement with the Clerk of COUNTY's
Board of Supervisors and CITY's Clerk. Amendments to this Agreement
executed by SHERIFF and CITY Manager may not, in the aggregate,
increase or decrease the cost of services payable by CITY by more than one
percent (1 %) of the total cost originally set forth in Attachment G and the
Maximum Obligation originally set forth in Subsection G-2 for FY 2018-19.
Prior approval by COUNTY's Board of Supervisors and CITY's Council is
required before execution of any amendment that brings the aggregate total
of changes in costs payable by CITY to more than one percent (1 %) of the
total cost originally set forth in Attachment G and the Maximum Obligation
originally set forth in Subsection G-2 of this Agreement for FY 2018-19.
For the period July 1, 2018 through June 30, 2019, PATROL VIDEO SYSTEMS,
Subsection E-3 of the Agreement is amended to read as follows:
"E-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and
installation of Patrol Video Systems that are or will be mounted in patrol
vehicles assigned to CITY, and b) recurring costs, as deemed necessary by
COUNTY, including the costs of maintenance and contributions to a fund for
replacement and upgrade of such PVS when they become functionally or
technologically obsolete.
The costs to be paid by CITY for recurring costs, including maintenance and
replacemenUupgrade of PVS , are included in the costs set forth in
Attachment G and the Maximum Obligation of CITY set forth in Subsection
G-2 of this Agreement unless CITY has already paid such costs. CITY shall
not be charged additional amounts for maintenance or replacemenUupgrade
of said PVS during the period July 1, 2018 through June 30, 2019 ."
Page 2 of 7
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For the period July 1, 2018 through June 30, 2019, PAYMENT, Subsection G-2 of
the Agreement is amended to read as follows:
"G-2. Unless the level of service as set forth in Attachment F is increased or
decreased by mutual agreement of the parties, or CITY is required to pay
for increases as set forth in Subsection G-4, the Maximum Obligation of
CITY for services set forth in Attachment F of this Amendment, other than
Licensing Services , to be provided by the COUNTY for the period July 1,
2018 through June 30, 2019 , shall be $10,291,020, as set forth in
Attachment G .
The overtime costs included in the Agreement are only an estimate.
COUNTY shall notify CITY of actual overtime worked during each fiscal year.
If actual overtime worked is above or below budgeted amounts, billings will
be adjusted accordingly at the end of the fiscal year. Actual overtime costs
may exceed CITY's Maximum Obligation."
For the period July 1, 2018 through June 30, 2019, PAYMENT, Subsections G-4a,
G-4b and G-6 of the Agreement are amended to read as follows:
"G-4a. At the time this Agreement is executed, there are unresolved issues
pertaining to potential changes in salaries and benefits for COUNTY
employees. The costs of such potential changes are not included in the
FY 2018-19 cost set forth in Attachment G nor in the FY 2018-19
Maximum Obligation of CITY set forth in Subsection G-2 of this
Agreement. If the changes result in the COUNTY incurring or becoming
obligated to pay for increased cost for or on account of personnel whose
costs are included in the calculations of costs charged to CITY hereunder,
CITY shall pay COUNTY, in addition to the Maximum Obligation set forth
in Subsection G-2 of this Agreement, the full costs of said increases to the
extent such increases are attributable to work performed by such
personnel during the period July 1, 2018 through June 30, 2019, and
Page 3 of 7
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G-4b .
CITY's Maximum Obligation hereunder shall be deemed to have
increased accordingly. CITY shall pay COUNTY in full for such increases
on a pro-rata basis over the portion of the period between July 1, 2018
and June 30, 2019 remaining after COUNTY notifies CITY that increases
are payable. If the changes result in the COUNTY incurring or becoming
obligated to pay for decreased costs for or on account of personnel whose
costs are included in the calculations of costs charged to CITY hereunder,
COUNTY shall reduce the amount owed by the CITY to the extent such
decreases are attributable to work performed by such personnel during
the period July 1, 2018 through June 30, 2019, and CITY's Maximum
Obligation hereunder shall be deemed to have decreased accordingly.
COUNTY shall reduce required payment by CITY in full for such
decreases on a pro-rata basis over the portion of the period between
July 1, 2018 and June 30, 2019 remaining after COUNTY notifies CITY
that the Maximum Obligation has decreased.
If CITY is required to pay for increases as set forth in Subsection G-4a
above, COUNTY, at the request of CITY , will thereafter reduce the level
of service to be provided to CITY as set forth in Attachment F of this
Agreement to a level that will make the Maximum Obligation of CITY
hereunder for the period July 1, 2018 through June 30, 2019 an amount
specified by CITY that is equivalent to or higher than the Maximum
Obligation set forth in Subsection G-2 for said period at the time this
Agreement originally was executed. The purpose of such adjustment of
service levels will be to give CITY the option of keeping its Maximum
Obligation hereunder at the pre-increase level or at any other higher or
lower level specified by CITY . In the event of such reduction in level of
service and adjustment of costs , the parties shall execute an amendment
to this Agreement so providing . Decisions about how to reduce the level
Page 4 of 7
2
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5
G-6.
of service provided to CITY shall be made by SHERIFF with the approval
of CITY.
COUNTY shall invoice CITY monthly, one-twelfth (1/12) of the Maximum
Obligation of CITY. If a determination is made that increases described
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 (0.1 0) 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
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9.
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G-2 of this Agreement unless CITY has already paid such costs . CITY
shall not be charged additional amounts for maintenance or
replacement/upgrade of said MDCs during the period July 1, 2018 through
June 30, 2019."
For the period July 1, 2018 through June 30, 2019, E-CITATION UNITS Subsection
0-3 of the Agreement is amended to read as follows:
"0.3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of
E-Citation units that are assigned to CITY, and b) recurring costs, as deemed
necessary by COUNTY, including the costs of maintenance and contributions
to a fund for replacement and upgrade of such E-Citation units when they
become functionally or technologically obsolete .
The costs to be paid by CITY for recurring costs, including maintenance and
replacement/upgrade of E-Citation units, are included in the costs set forth in
Attachment G and the Maximum Obligation of CITY set forth in Subsection
G-2 of this Agreement unless CITY has already paid such costs. CITY shall
not be charged additional amounts for maintenance or replacement/upgrade
of said E-Citation units during the period July 1, 2018 through June 30 ,
2019."
All other provisions of the Agreement , to the extent that they are not in conflict
with this THIRD AMENDMENT TO AGREEMENT, remain unchanged
Page 6 of 7
IN WITNESS WHEREOF, the parties have executed the THIRD
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
8
9 APPROVED AS TO FORM :
10 BY : -----------------------City Attorney
11 --------------------------------------------------------------------------------------------
12 DATED : -------------------
13
COUNTY OF ORANGE
14
15 BY: ---------------------------
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 Attest:
21
Robin Stieler 22 Clerk of the Board
23 County of Orange, California
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APPROVED AS TO FORM :
Office of the County Counsel
County of Orange, California
BY:Yt·~~
Deputy
DATED : S/t/;r
} 7
Page 7 of 7
ATIACHMENTF
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./ pe r 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
TOTAL 30.00
• Deployment to be determined by SHERIFF in cooperation with CITY Manager
REGIONAL I SHARED STAFF·
Title Regional Team Quantity % Allocation
TRAFFIC:
SerQeant 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%
DET:
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 17.90
Page 1 of 1
ORANGE COUNTY SHERIFF-CORONER
FY 2018-19 LAW ENFORCEMENT CONTRACT
CITY OF SAN JUAN CAPISTRANO
"PAYMENT"
(Subsection G-2)
COST OF SERVICES PROVIDED BY S H ERIFF !Subsec ti on G-21 :
Cost of Service
Title Detail Quantity (each)
MANAGEMENT:
Lieutenant 1.00 $ 379.122
SUPERV ISION :
Sergea nt Patrol 4 .00 $ 326,575
Sergeant Adm inistralive 1.00 $ 326,575
INV ESTI GA'T ION SERVIC ES:
Investigator 2 .00 $ 320 ,454
PATROL AND TRAFFI C SERVICES :
De puty Sheriff II -Patrol Patrol 15 .00 $ 268 .748
Deputy Sheriff II -Motor Motorcycle 2.00 $ 274 ,176
ADDITIONA L SERVICES :
Crime Preveniton Specialist Crime Prevention 1.00 $ 101.927
Community Services Officer Parking Control 2.00 $ 123,914
Deputy Sheriff II Community Support 1.00 $ 268,748
Deputy Sheriff II DET 1.00 $ 268,748
Deputy_ Sheriff II Extra Help
TOTAL POSITIONS 30 .00
REGIONAL I S H ARED STAFF·
Title Re giona l Team Quanti ty %Allocation
TRA FFI C:
Sergeant Traffic 0 .60 6.61%
Deputy Sheriff II Traffic 4 .00 6.61%
Investigative Assistant Traffic 2 .00 6 .61%
Office SQ_ecialist Traffic 1.00 6.61%
AUTO TH EFT :
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%
DET:
Sergeant DET 1.00 12.19%
Investig ator DET 1.00 12.19%
SUBPOENA :
Office Specialist Subpoena 1.00 6.92%
C::OURTS :
Investigative Assistant Courts 2 .00 21 .54 %
MOTORCYCL E (shared Superv ision):
Sergeant Motorcyle Supervision 1.00 6.45%
TOTAL REGIONAUSHARED 17.90
OTHER CHARGES AND CREDITS !Subsec ti on G-2):
OTHER CHARGES:
ATIACHMENTG
Cost of Service
Total
$ 379 ,122
$ 1,306,300
$ 326 ,575
$ 640 ,908
$ 4,03 1,220
$ 548 ,352
$ 101 ,927
$ 247 ,828
$ 268,748
$ 268,748
$ 75 ,658
$ 8 195 ,386
Cost$
$ 15 ,353
$ 74 ,327
$ 16,735
$ 6,750
$ 5.638
$ 30,089
$ 6 ,329
$ 4,982
$ 58,140
$ 51 ,299
$ 6 ,502
$ 52,405
$ 22.527
s 351 ,076
Other Charoes incl ude: 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 programs; and retirement rate
discount for FY 2018-19.
TOTAL O T HER CHARGES AND CREDITS $ 1 ,744 ,558
TOTAL COST OF SERVICES (Subsecti on G-2) $ 1 0,291 ,020
Page 1 of 1
)>
~
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w
CITY OF SAN JUAN CAPISTRANO
FISCAL YEAR 2018-2019
YEAR 4 OF 5 YEAR TERM -3RD AMENDMENT
FINAL
(April 24, 2018)
I DIREc:;T PURCHA:;E I NO POSITIONS
1 Lieutenant
5 Sergeant (4 Patrol+ 1 Administrative)
2 Investigator
15 OS II Patrol
2 OS II Motorcycle
1 OS II Community Support
1 OS 11-0ET
OS II -Extra Help
27 Subtotal Safety
2 Community Services Officer
1 Crime Prevention Spec ialist
3 Subtotal Prore&Si onal
30 TOTAL STAFF
REGIONAL I SHARED STAFF
0.6 Traffic-Sergeant 6 .61%
4 Traffic-Deputy Shenff II 6.61%
2 Traffic-Investigative Assistant 6 .61%
1 Traffic-Office Specialist 6 .61%
0.3 Aulo Theft-Sergeant 4 .84%
2 Auto Theft -Investigator 4,84%
1 Auto Theft -In vestigative Assistant 4 .84%
1 Auto Theft -Office Specialist 4 .84%
1 DET -Sergeant 12.19%
1 DET -Investigator 12.19%
1 Subpoena-Office Specialist 6.92%
2 Courts-Investigative Assistant 21 ,54%
1 Motorcycle Sergeant + MDC 6.45e/o
17.90 Subtotal
. ,. ·····.' ' ..... ,.~
SALARIES & EMPLOYEE BENEFITS
:;ERVIc:;ES &
SALARY OVERTIME BENEFITS POST PAY SUPPLIES
171,575 0 165,682 0 5,899
663,935 0 686,465 61,995 29,495
233,626 0 244,216 19,668 11,798
1,605,555 0 1,675,065 99,525 88,485
220,074 0 228,066 13,270 11,798
107,037 0 111,671 6,635 5.899
107,037 o I 111.671 6.635 5,899
$3,108,839 $0 $3,222,836 $207,728 $159,Zn
104,956 0 65.736 0 11,798
53 .789 0 31,609 0 5,899
,158 745 $0 $97,345 $0 :j'17,697
$3,267,584 $0 $3,320,181 $207,728 $176,970
5,699 1,830 5,633 492 234
29 ,981 3.429 29.954 1,754 1,560
7,964 5 5,478 0 780
3,273 19 1,829 0 390
2,088 671 2,064 180 98
11.594 47T 11 .634 953 655
2,983 69 2.027 0 327
2.381 32 1,333 0 327
16,882 14.177 17,886 1,512 719
14,846 12,187 15,479 1,199 719
3,452 0 1 ,914 0 408
26 ,073 801 18.031 0 2,541
8.760 1,005 8.862 800 381
$135,976 :>.34.69o $122,124 $6',890 $9,139
P .. , ... l .,, 2
I INDIRECT COSTS
I c:;OUNTY ::iAVINu::i/
TRANSP. DEPT. OH DIV.OH TRAINING OH OTHER REVENUE TOTAL
0 7,625 21,087 3,497 3,757 0 0 379,122
0 38,125 119,475 17,485 15.900 0 0 1,632,875
0 15,250 103,808 6,994 5.548 0 0 640,908
0 114,375 358,425 52.455 37.335 0 0 4,031,220
0 15.250 47.790 6.994 5,110 0 0 548,352
0 7.625 23,895 3,497 2,489 0 0 268,748
0 7,625 23,895 3,497 2,489 0 0 268,748
75.658 75,658
$0 $205,875 $698,375 $94,419 $72,628 $75,658 $0 $7,845,631
0 15,250 47,790 0 2 ,298 0 0 247,828
0 7,625 1,827 0 1.178 0 0 101,927
:j'0 ~22,875 ~49,617 ~0 3.476 -~0 ~0 ~349,755
$0 $228,750 $747,992 $94,419 $76,104 $75,658 $0 8,195,386
335 302 513 139 176 0 0 15.353
517 2,016 3,421 925 no 0 0 74,327
0 1,008 1.325 0 175 0 0 16,735
0 504 663 0 72 0 0 6,750
123 111 188 51 64 0 0 5,638
2,164 739 1 ,255 339 285 0 0 30 ,089
0 369 487 0 67 0 0 6.329
0 369 487 0 53 0 0 4,982
0 930 4 ,895 426 713 0 0 58,140
0 930 4 .895 426 618 0 0 51,299
0 527 126 0 75 0 0 6,502
298 3,285 787 0 589 0 0 52,405
935 492 835 226 231 0 0 22,527
$4,372 $11,582 $19,877 $2,532 $3,888 $0 $0 $3Sf,076
1o .-••• ,IJ·H.f fl r 4 ;~~
CITY OF SAN JUAN CAPISTRANO
FISCAL YEAR 2018-2019
YEAR 4 OF 5 YEAR TERM • 3RD AMENDMENT
FINAL
(April 24, 2018)
SALARIES & EMPLOYEE BENEFITS INDIRECT COSTS
ADDITIONAL REGULAR SERVICES & COUNTY SAVINGS/
NO COSTS/REVENUE SALARY OVERTIME BENEFITS POST PAY SUPPLIES TRANSP . DEPT. OH DIV.OH TRAINING OH OTHER REVENUE TOTAL
Overtime 714.956 50.621 15.658 781,235
cst1mate: vacancy Cred1t FY 2018-19 150,000) (150,000
Annual Leave (Pay Downs & Termination Pay) 12.3 ,930 123,930
Bilingual Pay 31 .956 31,956
BSCC Local Assistance Funding 0
Contract Administration 32,979 32,979
ata Line 4,447 4,447
DirectS & S 39,097 39,097
3 -Citation 3,211 3,211
Enhanced Helicopter Response Services 21,925 21,925
Facility Lease 44,392 44,392
!Holiday Pay: Como & Straight Time 135.389 135,389
Integrated Law & Justice Agency of Orange County 3.089 3,089
MDC -Acquisition Costs 0
17 MDC-Recurring Costs 59.374 59,374
On-Call Pay 18,583 18,583
Patrol Training Cost Allocation (FTB) 175,868 175,868
Patrol Video S ~stem (PVSJ-Acquisition 0
11 Patrol Video System (PVS)-Recurring Costs 26 .372 26,372
Retirement Rate Discount . FY 2018-19 (Gross) (85.357) 85,357)
Retirement Rate Discount (Expenses for Interest & Issuance) 23.406 23,406
Revenue/False Alarms (12,665 (12,665)
Revenue/Training Reimbursement (1,220) (1,220)
Transportation -Vehicle Fuel, Mneage Interest, and Ma1nt. etc. 468,547 468,547
Subtotal $0 $714.956 ($11.330 $0 $87,936 5490,472 $0 $0 $175,868 $15,658 $284.883 ($13,885 $1,744,558
fY 2018-19 FINAL CON!RACT TOTAL $3,40:1 ,560 $749,652 $3,430,975 $214,618 $274 .045 5494,844 $240,»< Hb r .o69 $272,819 ~lll>,b :>U ~~.:>'I' ~~,~,GG:>J >10. 91,020
FY 2017-18-FINAL CONTRACT TOTAL $3,326,636 $720,ti00 $3,235,696 $213,417 $271 ,115 $406,312 $190,213 $786,682 $212,769 $95,441 $295,314 ($24,539) $9 ,729.656
2 31% 4 .03% 6 04% 0.56% 1.08% 21 .79% 26.35% -2 39% 28 22% 0.22% 22.09% -43.42% 5.77%
$76.924 $29.052 $195,279 $1,201 ~ $88.532 $50,119 ($18.813) $60.050 $209 565.227 $10.654 $561,364
',...~~~ .,, .•••••• ?·" "'" P .. ~,~ .. 2 •. ,2 '• ,.., • l'}Jr/0'61 41 ;.1\1
Orange County Sheriff-Coroner Department
Law Enforcement Contract (LEC)
Assumptions
FY 2018-19-Second Estimate
The Law Enforcement Contract Cost Study has been updated for FY 2018-19. Costs
reflect statistical data from FY 2016-17 and updated rates from the FY 2018-19 County
Budget Instructions. Below are the assumptions used in the LEC Second Estimate . FY
2017-18 final assumptions are shown for comparative purposes where appropriate.
Direct Personnel Cost:
• Annual Hours of 2,080 are based on the number of paid days in FY 2018-19 .
o Hours in FY 2017-18 totaled 2 ,080
• Salary & Wages: Salary increases are projected as follows :
o Association of Orange County Deputy Sheriffs (AOCDS)
• 1. 5% COLA effective 7/6/18
• 1.5% COLA effective 1/4/19
o No increase has been projected for other bargaining units .
The following rates are updated based on the FY 2018-19 Budget Instructions:
o Retirement (See Attachment A for detail of the retirement components).
Group FY 2017-18 FY 2018-19 Increase Variance FY 2018-19
2"d Est % % 1st Est
Association of Orange
County Deputy Sheriffs 70 .95 % 73 .82% 2 .87 % 4 .04 % 72 .62 %
(AOCDS)
Law Management (ML) 71 .85% 73.92% 2.07% 2.88% 73 .12%
General 32 .71% 32 .07% -0 .64% -1 .97% 32 .17%
Note : Rettrement rates mcreased from 2nd Esttmates versus 1st Esttmates due to an
increase in the Retiree Medical Rates subsequent to the distribution of 1 st Estimates.
o Retirement -STAR Cola
o Accidental Death & Dismemberment Insurance
o Dental Insurance
o Health Insurance per month increased from $789.79 to $874 .61 (+10.7%)
for professional staff and $1,281.11 to $1,390 .73 (+8.6%) for safety
personnel. The rate for professional staff is based on the department
average from the County's FY 2018-19 Salary & Benefits Forecasting
System and the rate for safety personnel is based on the current AOCDS
Memorandum of Understanding (MOU).
o Life Insurance
o Medicare Insurance
o Optional Benefit Plan (OBP)
o Other Insurance
o Salary Continuance Insurance
Page 1 of 4
o Unemployment
o Workers' Compensation rate decreased from 8 .63% to 8.45% for Safety
personnel.
• Services and Supplies (S&S)
o Services and Supplies costs are updated based on the FY 2016-17 S&S
expenditures made at the Division level.
FY 2017-18 FY 2018-19 Variance$ Variance%
North Division _{_Villa Park) $4,401 $3,358 $(1 ,043) (23.7%)
South Division $2,094 $2,366 $272 13.0%
0 Liability Insurance decreased from $3 ,989 to $3 ,533 (-11.4%) per person .
FY 2017-18 FY 2018-19 Variance
liability Cost $ 13,920,923 $ 12,619,096 (1 ,301 ,827)
%Chanqe (Base Year) -9.35%
• Overheads -Includes Department, Division, Training and County-Wide Cost
Allocation Plan (CWCAP) which are updated to reflect the most current staffing
levels.
Jhe following is the Departmt?nt and Divi_sion cost per person comparison ~
Cost Per Person FY 2017-18 FY 2018-19 Variance %Change
2nd Est.
Department Overhead $ 6 ,008 $ 7,625 $ 1,617 26.91%
Division Overhead*
Southwest Patrol 23 ,973 23,895 (78) -0.33%
Southeast Patrol 23,585 23,522 (63) -0 .27%
San Clemente Patrol 17,981 17,920 (61) -0 .34%
North Patrol-Stanton 15,206 15,325 119 0.78%
North Patrol-Villa Park 22,636 49,465 26,829 118 .52%
North Patrol-Yorba Linda 15,206 15,325 119 0.78%
Southwest Investigation 59,964 51,904 (8,060) -13.44%
Southeast Investigation 48 ,274 56,008 7,734 16 .02%
San Clemente Investigation 59,964 51,904 (8,060) -13.44%
North Investigation-Villa Park 47,396 55,345 7,949 16.77%
Training Overhead 2,634 3,497 863 32 .76%
*All Patrol Overhead includes Captain, Emergency Communication Bureau (ECB), and
Department Commander costs .
Page 2 of 4
The following costs are included in the Division Overhead above :
Cost Per Position FY 2017-18 FY 2018-19 $ %
2nd Est. Variance Change
Captain-Southwest $ 1,768 $ 1,827 $ 59 3.34%
CaQ_tain -Southeast 1,888 1,968 80 4 .24%
Captain -North 1 ,751 1,801 50 2 .86%
Department Commander 2 ,706 2,808 102 3 .77%
EmerQency Communic. Bureau 10,907 10,611 (296) -2.71%
Th f II . th CWCAP t e 0 OWing IS e rae companson :
Division FY 2017-18 FY 2018-19 %Change
South 2.24% 2 .19% -0.05%
North 2 .68% 2.61% -0.07%
Stanton 2 .07% 2 .02% -0 .05%
OCTA 1 .77% 1.48% -0.29%
San Clemente 1 .98% 1.95% -0 .03%
Yorba Linda 1 .91% 1.87% -0.04%
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 2016-17 actual statistics .
• The Subpoena Clerks' cost is allocated based on each city's direct purchased
Deputy Sheriff II (DSII), Investigator, and Community Services Officer (CSO)
positions.
• The Motorcycle Sergeant cost is one Full Time Equivalent (FTE) position including
MDC, repair/maintenance, consumables and motorcycle replacement costs . The
cost is allocated to each participating city based on the number of motorcycle
deputies in FY 2017-18.
Additional Cost/Revenue:
• The following categories have been updated to reflect the final FY 2018-19 cost or
revenue:
o Annual Leave Pay-(Consist of Termination Pay and Annual Leave pay down)
o Bilingual Pay
o Contract Administration
o Data line charge
o Direct Services & Supplies
o E-Citation
o Enhanced Helicopter Response Services
o Southeast Substation Facility Expense Cost is based on the scheduled FY
2018-19 lease payments and reconciled common operating expenses. Costs
Page 3 of 4
are allocated to the South Contract Cities and Unincorporated Patrol excluding
San Clemente.
o Holiday Pay: Camp & Straight Time
o Integrated Law & Justice Agency of Orange County (ILJAOC)
o Mobile Data Computer (MDC) Recurring & Replacement Costs
o On-Call Pay
o Overtime Projection costs are estimated and based on agreed upon hours with
City/Agency concurrence
o Retirement Rebate (or Pension Prepayment Discount)
o Patrol Training reflects the administrative and overtime backfill costs
o Patrol Video System (PVS)
o False Alarm Revenue
o Training Reimbursement
o Transportation Cost
o Vacancy Credits for FY 2018-19 are estimated amount with City/Agency
concurrence
o Credit to Stanton for services and supplies related to deployment from Stanton
Page 4 of 4
Orange County Sheriff-Coroner Department
Retirement Rate Comparison
FY 2017-18 vs. FY 2018-19 SECOND ESTIMATE
TIER II -SAFETY· LAW ENF. (3% @ISO)
Rep. Unit: PO, PS *
Normal
Unfunded Accrued Actuarial liability (UAAL)
Pickup 1
Pickup 2 (Varies)
AOCDS Normal Reduction
Pension Prepayment Discount
Retiree Medical
Subtotal
Defined Contribution
Rep. Un1t: Ml •
Normal
Unfunded Accrued Actuarial Liability (UAAL)
Pickup 1
Pickup 2 (Varies)
Association of Orange County Deputy Sheriffs (AOCDS) Normal Reduction
Pension Prepayment Discount
Retiree Medical
Total
Subtotal
Defined Contribution
TIER11· GENERAL (2.7%@ 55)
Rep. Unit: C1, CS, GE, HP, SM, SO t
Normal
Unfunded Accrued Actuarial Liability (UAAL)
2.7% (Reverse Pickup)
Pension Prepayment Discount
Retiree Medical
PO· Peaca OffloerUnit
Ps-Supervloing Peace Offiter Unit
Ml-LaW Enforcement Management Unit
Cl· Offite Service$ Unit
C5-Community Serv1CI!S Un~
GE-General Unit
HP-Health.,.re Profe••lonal Unit
SM . supervi•orv Management Unit
so-Sheriffs Special Officer and Deputy Coroner Unit
X:IFY 2018-19\
FY 18·19 LEC STUDY-2ND ESTIMATE (3-8-18)
Ret. Comparision Page 1 of 1
Total
Total
FY2017·18
25.560%
36.990%
0.000%
0.000%
0.000%
0.000%
3.400%
65.950%
5.000%
70.950%
FY 2{117-18
25.560%
36.990%
0.000%
0.000%
0.000%
0.000%
7.300%
69.850%
2.000%
71.850%
FY 2017-18
13.191%
22.450%
-6.929"/o
0.000%
4.000%
32.712%
FY 2018-19 •
SECOND
Attachment A
ESTIMATE Variance
25.630% 0.07%
38.190% 1.20%
0.000% 0.00%
0.000% 0.00%
0.000% 0.00%
0.000% 0.00%
5.000%
68.820%
5.000%
73.820%
FVZ018-19·
SECOND
1.60%
2.87%
0.00%
2.87%
ESTIMATE Vana~
25.630% O.D7%
38.190%
0.000%
0.000%
O.OOO"A.
0.000%
8.100%
71.920%
2.000%
73.920%
FY2.018-19 •
SECOND
ESTIMATE
13.191%
21.720%
-6.743%
0.000%
3.900%
32.068%
1.20%
0.00%
0.00%
0.00%
0.00%
0.80%
2.07%
0.00%
2.07%
Variance
0.00%
-0.73%
0.19%
0.00%
-{).10%
-0.64%
Prepared by: r;;;
RevieYICd by:
PMI Dal e: 3129/2