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00-0501_ORANGE, COUNTY OF_Agreement1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS AGREEMENT, entered into this First day of May 2000, which date is enumerated for purposes of reference only, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and the COUNTY OF ORANGE, political subdivision of the State of California, hereinafter referred to as "COUNTY." WITNESSETH: WHEREAS, CITY wishes to contract with COUNTY for law enforcemen services; and WHEREAS, COUNTY is agreeable to the rendering of such services, a; authorized in Government Code Sections 51301 and 55632, on the terms an( conditions hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: Page 1 of 15 TABLE OF CONTENTS 2 3 SECTION PAGE 4 A. Term 3 5 B. Optional Termination 3 6 C. Regular Services by COUNTY 3 7 D. Special Services by COUNTY 6 8 E. Patrol Video Systems 7 9 F. Licensing Services by CITY 7 10 G. Payment 8 11 H. Notices 12 12 I. Status of COUNTY 13 13 J. State Audit 13 14 K. Alteration of Terms 13 15 L. Indemnification 13 16 Signature Page 15 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 15 14 15 18 17 18 19 20 21 22 1 23 24 25 28 27 28 A. TERM: The term of this Agreement shall be for (5) years, commencing July 1, 2000 and terminating June 30, 2005, unless earlier terminated by either party in the manner set forth herein. B. OPTIONAL TERMINATION: COUNTY or CITY may terminate this Agreement, without cause, upon on hundred and eighty (180) days written notice to the other parry. C. 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 enforcemen services as hereinafter provided. Such services shall include th 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 and 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. Each 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. If 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 for the following fiscal year, this Agreement will terminate as of September 30 of the following fiscal year. li the parties do not agree by June 30 on the level of service and cost of service for the following fiscal year, between July 1 and September 30 of the H Page 3 of 15 2 3 4 5 s 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 1 23 24 25 28 27 28 A. TERM: The term of this Agreement shall be for (5) years, commencing July 1, 2000 and terminating June 30, 2005, unless earlier terminated by either party in the manner set forth herein. B. OPTIONAL TERMINATION: COUNTY or CITY may terminate this Agreement, without cause, upon on hundred and eighty (180) days written notice to the other parry. C. 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 enforcemen services as hereinafter provided. Such services shall include th 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 and 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. Each 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. If 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 for the following fiscal year, this Agreement will terminate as of September 30 of the following fiscal year. li the parties do not agree by June 30 on the level of service and cost of service for the following fiscal year, between July 1 and September 30 of the H Page 3 of 15 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REGULAR SERVICES BY COUNTY (Continued) following fiscal year, COUNTY will provide the same level of service CITY shall be obligated to pay the costs of such services. 4. The level of service, other than for licensing, to be provided by the COU for the period July 1, 2000 through June 30, 2001, shall be as follows: Supervision: • One (1) Lieutenant (40 hours per week) • Two and 50 percent (2.5) Sergeants (40 hours per week per each Sergeant) Investigation Services: • Two (2) Investigators (each 80 hours per two-week pay period) Patrol/Traffic Services: • Fourteen (14) designated one -deputy units (40 hours per week, per unit) • Three (3) designated motorcycle units (40 hours per week, per unit) Deployment to be determined by SHERIFF in cooperation with CITY Manager. Community Support Unit: • Three (3) Deputy Sheriff II's (each 40 hours per week) Parking Control: • Two (2) Community Services Officers (each 40 hours per week) South County Regional Support Services: • 7 percent of one (1) Sergeant — Traffic • 6 percent of one (1) Investigator • 7 percent of three (3) Deputy Sheriff II's - Traffic • 7 percent of one (1) Investigative Assistant — Traffic • 10 percent of two (2) Investigative Assistants - Investigation Page 4 of 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REGULAR SERVICES BY COUNTY (Continued) following fiscal year, COUNTY will provide the same level of service CITY shall be obligated to pay the costs of such services. 4. The level of service, other than for licensing, to be provided by the COU for the period July 1, 2000 through June 30, 2001, shall be as follows: Supervision: • One (1) Lieutenant (40 hours per week) • Two and 50 percent (2.5) Sergeants (40 hours per week per each Sergeant) Investigation Services: • Two (2) Investigators (each 80 hours per two-week pay period) Patrol/Traffic Services: • Fourteen (14) designated one -deputy units (40 hours per week, per unit) • Three (3) designated motorcycle units (40 hours per week, per unit) Deployment to be determined by SHERIFF in cooperation with CITY Manager. Community Support Unit: • Three (3) Deputy Sheriff II's (each 40 hours per week) Parking Control: • Two (2) Community Services Officers (each 40 hours per week) South County Regional Support Services: • 7 percent of one (1) Sergeant — Traffic • 6 percent of one (1) Investigator • 7 percent of three (3) Deputy Sheriff II's - Traffic • 7 percent of one (1) Investigative Assistant — Traffic • 10 percent of two (2) Investigative Assistants - Investigation Page 4 of 15 • 0 1 REGULAR SERVICES BY COUNTY (Continued) 2 • 7 percent of one (1) Office Specialist - Traffic 3 • 11 percent of two (2) Office Technicians 4 5. For any service listed in Subsection C-4 of this Agreement that is provided 5 CITY at less than 100% of a full-time SHERIFF position, COUNTY retains t 6 option to terminate such service in the event other city or cities which contr< 7 for the balance of said employee's time no longer pays for such service a 8 CITY does not request the Agreement be amended to pay 100% of the cc s of the employee providing such service. The Maximum Obligation of Cl' 10 set forth in Subsection G-3 will be adjusted accordingly. 11 6. All services contracted for in this Agreement may not be operational on t 12 precise date specified in this Agreement. In those instances, SHERIFF sh 13 notify CITY Manager of the date or dates such service or services are to 14 implemented. COUNTY shall reduce the monthly charges to CITY, based 15 the actual date of implementation of the service or services. Charges sh 16 be reduced on the next monthly billing tendered in accordance w 17 Subsection G-6 of this Agreement. 18 7. During emergencies, such as a mutual aid situation, SHERIFF will attempt is leave in CITY the Lieutenant in charge of CITY Police Services. If SHERI 20 determines that the Lieutenant is needed elsewhere, SHERIFF will nol 21 CITY's Manager within four (4) hours. SHERIFF will return the Lieutenant 22 CITY as soon as possible once the emergency situation is under control. 23 8. With respect to the licensing ordinances of CITY listed in Attachment 24 which is attached hereto and incorporated herein by this reference, SHERI 25 shall receive applications for CITY licenses pursuant to said ordinances a 26 complete investigations relating to such applications. Said investigatic 27 shall be forwarded to CITY Manager. COUNTY shall not provide a 28 advisory, administrative, hearing or litigation attorney support or services Page 5 of 15 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 26 Ila REGULAR SERVICES BY COUNTY (Continued) related to licensing. COUNTY shall not provide any administrative o investigatory services related to the licensing ordinances listed in Attachment A, hereto, except the investigations relating to initial applications for whiO this subsection provides. 9. COUNTY or CITY, upon thirty (30) days notice and mutual written agreement shall increase or decrease the service levels provided herein, and th( obligation of CITY to pay for services shall be concomitantly adjusted. SPECIAL SERVICES BY COUNTY: 1. Security Services for Non -City Organization Functions At the request of CITY, SHERIFF may provide security services for non -CIT) organization functions, such as community events conducted on CIT) owned, leased or operated property. SHERIFF shall determine personne and equipment needed for such special events and shall provide an initia estimate of personnel and equipment costs to CITY. If such events are ii addition to the level -of -service listed in Section C-4 of this Agreement, CIT shall reimburse COUNTY for such services at an amount computed b, SHERIFF, based on the current year's Auditor -Controller's law enforcemen cost study. The cost of these services shall be in addition to the Maximun Obligation of CITY, set forth in Subsection G-3 of this Agreement. SHERI shall bill CITY immediately after said event is terminated. 2. Enhanced Law Enforcement Services At the request of CITY, SHERIFF, in his sole discretion, may provi enhanced law enforcement services within CITY. If SHERIFF determines it appropriate to provide the requested enhanced service and there is suffici staffing available, the type, time and place of said services shall be agr( upon by SHERIFF and CITY Manager. SHERIFF shall determine person and equipment needed for such service. If such service is in addition to or Page 6 of 15 0 0 1 SPECIAL SERVICES BY COUNTY (Continued) 2 greater than the level of service listed in Section C of this Agreement, CIT` 3 shall reimburse COUNTY for such service at an amount computed b, a SHERIFF, based on the current year's Auditor -Controller's law enforcemer 5 cost study. The cost of such service shall be in addition to the Maximum 5 Obligation of CITY as set forth in Section G-3 of this Agreement. COUNT` 7 shall bill CITY immediately after the service is completed. 8 E. PATROL VIDEO SYSTEMS: s As part of the law enforcement services provided to CITY, CITY has paid for, ani 10 COUNTY has provided, patrol video systems mounted in the patrol vehicle 11 designated by COUNTY for use within CITY limits. SHERIFF has the exclusive 12 right to use said video systems for law enforcement services related to thi 13 Agreement. 14 If CITY requires patrol video systems for additional patrol cars designated for us, 15 in CITY, COUNTY will purchase said patrol video systems. CITY will pa 15 COUNTY the cost of the new patrol video systems upon demand. The cost c 17 patrol video systems for additional patrol cars is not included in and is in additio 18 to the Maximum Obligation of CITY set forth in Subsection G-3. 19 COUNTY will replace existing patrol video systems as needed. The costs c 20 replacing existing patrol video systems are included in the cost of services se 21 forth in Section G-2 and in the Maximum Obligation of CITY set forth in Sectio 22 G-3. 23 F. LICENSING SERVICES BY CITY: 24 Upon receipt from COUNTY of investigations of applications for licenses referre 25 to in Subsection C-8 of this Agreement, CITY Manager shall determine whethe 28 to grant or deny the licenses and will issue the licenses or notify the applicants c 27 denial. CITY shall provide all attorney services related to the granting, denial, 28 Page 7 of 15 1 2 3 4 G. 5 6 8 9 10 11 12 13 14 15 16 n 18 19 20 21 22 23 24 25 26 27 28 s 0 SPECIAL SERVICES BY COUNTY (Continued) revocation and administration of said licenses and the enforcement of CITY ordinances pertaining to said licenses. PAYMENT: 1. Pursuant to Government Code Section 51350, CITY agrees to pay tc COUNTY the 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 Section C-4 is increased of decreased, or CITY is required to pay for increases as set forth in Section G- 4, the cost of services described in Section C-4 of this Agreement, other than Licensing Services, to be provided by the COUNTY for the period July 1, 2000 through June 30, 2001, shall be as follows: SERVICE COST OF SERVICE Supervision: • One (1) Lieutenant @ $161,350/each $ 161,350 • Two and 50 percent (2.5) Sergeants @ $152,812/each $ 382,030 Investigation Services: • Two (2) Investigators @ $145,800/each $ 291,600 Patrol/Traffic Services: • Fourteen (14) One -Deputy Units @ $134,799/unit $ 1,887,186 • Three (3) Motorcycle Units • @ $128,299/unit $ 384,897 Page 8 of 15 0 1 PAYMENT (Continued) 2 SERVICE COST OF SERVICE 3 Community Support Unit: 4 Three (3) Deputy Sheriff II's 5 @ $127,019/each $ 381,057 6 Parking Control: 7 • Two (2) Community Services Officers 8 @ $65,472/each $ 130,944 9 South County Regional Support: 10 • 7% of one (1) Sergeant — Traffic 11 @ $150,443/each $ 10,531 12 • 6% of one (1) Investigator 13 @ $124,801/each $ 7,488 14 • 7% of three (3) Deputy Sheriff II's - Traffic 15 @ $123,752/each $ 25,989 16 • 7% of one (1) Investigative Assistant - Traffic 17 @ $56,636/each $ 3,965 18 • 10% of two (2) Investigative Assistants — Investigation 19 @ $56,636/each $ 11,328 20 • 7% of one (1) Office Specialist - Traffic 21 @ $47,572/each $ 3,330 22 • 11 % of two (2) Office Technicians 23 @ $41,504/each $ 9,132 24 Other Charges and Credits: $ 146,621 25 Charsaes: Contract Management; premium pay for 28 bilingual staff; vacation, on-call and holiday pay; 27 mileage interest, and camera replacement. 28 Page 9 of 15 1 PAYMENT (Continued) 2 Credits: False alarm fees; reimbursement for 3 training and miscellaneous programs. 4 TOTAL COST OF SERVICES 3.837.448 5 3. Unless the level of service described in Section C-4 is increased c 5 decreased, or CITY is required to pay for increases as set forth in Subsectioi 7 G-4, the Maximum Obligation of CITY for services, other than Licensin 5 Services that are referenced in Section C-4 of this Agreement and renderer s by COUNTY between July 1, 2000 and June 30, 2001, is $3,837,448. 10 4. a. At the time this Agreement is executed, there are unresolved issue 11 pertaining to potential increases in salaries and benefits for COUNTY lay 12 enforcement management and professional staff. The costs of suc 13 potential increases are not included in the Maximum Obligation of CIT 14 set forth in Subsection G-3 of this Agreement. If COUNTY incurs c 15 becomes obligated to pay for any such increases for or on account c 15 personnel whose costs are included in the calculations of costs charged t 17 CITY hereunder, CITY shall pay COUNTY, in addition to the Maximur 18 Obligation set forth in Subsection G-3 of this Agreement, the full costs c is said increases to the extent such increases are attributable to wor 20 performed by such personnel during the term of this Agreement, an 21 CITY's Maximum Obligation hereunder shall be deemed to hav 22 increased accordingly. CITY shall pay COUNTY in full for such increase 23 on a pro -rata basis over the portion of the period between July 1, 200 24 and June 30, 2001 remaining after COUNTY notifies CITY that increase 25 are payable. 25 b. If CITY is required to pay for increases as set forth in Subsection G-4- 27 above, COUNTY, at the request of CITY, will thereafter reduce the level c 28 service to be provided to CITY pursuant to Subsection C-4 of this Page 10 of 15 0 0 1 PAYMENT (Continued) 2 Agreement to a level that will make the Maximum Obligation of CIT) 3 hereunder for the period July 1, 2000 through June 30, 2001 an amoun 4 specified by CITY that is equivalent to or higher than the Maximun 5 Obligation set forth in Subsection G-3 for said period at the time this 6 Agreement originally was executed. The purpose of such adjustment o 7 service levels will be to give CITY the option of keeping its Maximun 8 Obligation hereunder at the pre -increase level or at any other higher leve 9 specified by CITY. In the event of such reduction in level of service an( 10 adjustment of costs, the parties shall execute an amendment to thi! 11 Agreement so providing. Decisions about how to reduce the level o 12 service provided to CITY shall be made by SHERIFF with the approval o 13 CITY. 14 5. The Maximum Obligation of CITY for services provided for the 12 montl 15 period commencing July 1, 2001, 2002, 2003 and 2004, will be determine( 16 annually by COUNTY and approved by CITY. 17 6. COUNTY shall invoice CITY monthly, one -twelfth (1/12) of the Maximun 18 Obligation of CITY. 19 7. CITY shall pay COUNTY in accordance with COUNTY Board of Supervisors 20 approved County Billing Policy, which is attached hereto as Attachment B 21 and incorporated herein by this reference. 22 8. COUNTY shall charge CITY late payment penalties in accordance witl 23 County Billing Policy. 24 9. As payment for the Licensing Services described in Subsection C-8 of thi! 25 Agreement, COUNTY shall retain all fees paid by applicants for licenses 26 pursuant to CITY ordinances listed in Attachment A hereto. Retention of sail 27 fees by COUNTY shall constitute payment in full to COUNTY for cost: 28 incurred by COUNTY in performing the functions related to licensing Page 11 of 15 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I© PAYMENT (Continued) described in Subsection C-8; provided, however, that if any of said fees are waived or reduced by CITY, CITY shall pay to COUNTY the difference between the amount of fees retained by COUNTY and the fees that were sel forth in the ordinances listed in Attachment A as of July 1, 1996. Shoulc CITY increase the fee schedule for the licensing ordinances set forth it Attachment A, either party shall have the right to seek amendment of this Agreement with respect to the division of the increased fees between CITY and COUNTY. 10. Fees generated or collected by SHERIFF contract personnel for copying o' documents related to the services provided in this Agreement will be a COUNTY -established rates and will be credited to CITY on an annual basis. 11. Narcotic asset forfeitures will be handled pursuant to Attachment C hereto which is incorporated herein by this reference. NOTICES: 1. Except for the notices provided for in Subsection 2 of this Section, all notice: authorized or required by this Agreement shall be effective when written anc deposited in the United States mail, first class postage prepaid an( addressed as follows: CITY: ATTN: CITY MANAGER 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 COUNTY: ATTN: CONTRACT MANAGER SHERIFF -CORONER DEPARTMENT 320 NORTH FLOWER ST SANTA ANA, CA 92703 2. Termination notices shall be effective when written and deposited in United States mail, certified, return receipt requested and addressed above. Page 12 of 15 1 I. STATUS OF COUNTY: 2 COUNTY is, and shall at all times be deemed to be, an independent contractor. 3 Nothing herein contained shall be construed as creating the relationship o 4 employer and employee, or principal and agent, between CITY and COUNTY o 5 any of COUNTY's agents or employees. COUNTY and its SHERIFF shall retai 6 all authority for rendition of services, standards of performance, control o 7 personnel, and other matters incident to the performance of services b 8 COUNTY pursuant to this Agreement. COUNTY, its agents and employees, s shall not be entitled to any rights or privileges of CITY employees and shall no 10 be considered in any manner to be CITY employees. ii J. STATE AUDIT: 12 Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be 13 subject to examination and audit by the State Auditor for a period of three (3) 14 years after final payment by CITY to COUNTY under this Agreement. CITY and 15 COUNTY shall retain all records relating to the performance of this Agreement 16 for said three-year period, except that records pertaining to any audit then in 17 progress, or any claim or litigation shall be retained beyond said three-year 18 period until final resolution of said audit, claim or litigation. 19 K. ALTERATION OF TERMS: 20 This Agreement fully expresses all understanding of CITY and COUNTY with 21 respect to the subject matter of this Agreement, and shall constitute the total 22 Agreement between the parties for these purposes. No addition to, or alteration 23 of, the terms of this Agreement shall be valid unless made in writing, formally 24 approved and executed by duly authorized agents of both parties. 25 L. INDEMNIFICATION: 26 1. COUNTY, its officers, agents and employees shall not be deemed to have 27 assumed any liability for the negligence or any other act or omission of CITY 28 or any of its officers or employees, or for any dangerous or defective Page 13 of 15 1 INDEMNIFICATION (Continued) 2 condition of any public street or work or property of CITY, or for any illegality s or unconstitutionality of CITY's municipal ordinances. CITY shall indemnify 4 and hold COUNTY, its officers, agents, employees and independent 5 contractors free and harmless from any claim or liability whatsoever, based or 6 asserted upon the condition of any public street or work or property of CITY, 7 or upon the illegality or unconstitutionality of any municipal ordinances of 6 CITY that SHERIFF has enforced, or upon any act or omission of CITY, its s officers, agents, employees, subcontractors or independent contractors 10 related to this Agreement, for property damage, bodily injury or death or any 11 other element of damage of any kind or nature, and CITY shall defend at its 12 expense including attorney fees, COUNTY, its officers, agents, employees 13 and independent contractors in any legal action or claim of any kind based 14 upon such condition of public street or work or property, or alleged illegality of 15 unconstitutionality of a municipal ordinance, or alleged acts or omissions. 16 2. COUNTY shall indemnify and hold CITY, its officers, agents, employees and 17 independent contractors free and harmless from any claim or liability 18 whatsoever, based or asserted upon any act or omission of COUNTY, its 19 officers, agents, employees, subcontractors or independent contractors 20 related to this Agreement, for property damage, bodily injury or death or any 21 other element of damage of any kind or nature, and COUNTY shall defend, a 22 its expense including attorney fees, CITY, its officers, agents, employees and 23 independent contractors in any legal action or claim of any kind based upon 24 such alleged acts or omissions. 25 H 26 27 28 Page 14 of 15 y . • 1 IN WITNESS WHEREOF, the parties have executed the AGREEMENT i 2 the County of Orange, State of California. 3 Jul S 2000 DATED: Y 4 CITY OF SAN JUAN CAPISTRANO 5 ATTEST( d� s Ci*tkkk BY: 7 Co ene C ell ayor a APPROVED AS TO FORM: s 10 BY: City Attorney 11 -------------------------------------------------------------------------------------------------------------------- 12 13 DATED: 14 COUNTY OF ORANGE 15 16 BY: Chairman of the Board of 17 Supervisors 18 SIGNED AND CERTIFIED THAT A COPY 19 OF THIS DOCUMENT HAS BEEN DELIVERED TO THE C AIRMAN OF THE BOARD. zo BY: ! 21 Darlene J. Bloom 22 Clerk of the Board of Supervisors of Orange County, California 23 APPROVED AS TO FORM: 24 Laurence M. Watson, County Counsel 25 Orange County, California 2s BY:, Deputy 27 DATED: 28 5/25/00 Page 15 of 15 1 2, 3 4 5 6 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 28 27 28 06/07/00 CITY OF SAN JUAN CAPISTRANO ORDINANCE NO. 5-24.01 ORDINANCE NO. 5-18.02 ORDINANCE NO. 9-3.626 LICENSING DANCE INSTRUCTOR (NUDE) DANCE STUDIO (NUDE) ESCORT ESCORT BUREAU FIGURE MODEL (NUDE) FIGURE MODEL STUDIO (NUDE) GUN DEALER INTERLOCUTRIX (NUDE) INTRODUCTORY SERVICE JUNK COLLECTOR JUNK DEALER MASSAGE PARLOR (Includes FBI Fees) MASSAGIST (Includes FBI Fees) PEDDLER POOLROOM PUBLIC DANCE RAP SESSION (NUDE) SECONDHAND DEALER (Pawnbroker) TAXICAB STAND ATTACHMENT COUNTY BILLING POLICY POLICY ATTACHMENT B All County agencies/departments/districts (County) governed by the Board of Supervisors shall bill contracting entities for materiels 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 prejudgment interest, of the contracting party for services or materiels 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 County - The phrase "received by the County," as used in Section VI of this policy, refers to the date a payment is received by the County. It is defined as the date the payment is in the County's possession. It is not the date the payment is posted or deposited by the County. III. FIXED PRICE CONTRACTS A. Fixed Price (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non-recurring provision of materiels and/or services shall be issued no later than five (5) working days after delivery by the County of the materiels and/or services. Examples of such one-time, non-recurring provision of materiels 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 (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materiels and/or services shall be issued according to the following frequency: Annual Billings that total $10,000 or less, per 12 -month period, shall be billed via one (1) annual invoice. Annual invoices will be issued for each 12 -month period of the contract, or portions thereof. Invoices shall be issued no later than five working days after the beginning of each 12 -month period. Payment due date shall be invoice date plus 30 days. Page 1 of 4 2. Quarterly Billings that are greater than $10,000, but not more than $200,000 per 12 - month period, shall be billed in quarterly installments. Quarterly invoices will be issued representing the contract amount for each 12 -month period of the contract, or portions thereof, prorated into four (4) installments. Invoices shall be issued no later than 30 days after the beginning of each quarter. Payment due date shall be 60 days after the beginning of each calendar quarter. 3. Monthly Billings that are greater than $200,000, per 12 -month period, shall be billed in monthly installments. Monthly invoices will be issued representing the contract amount for each 12 -month period of the contract, or portions thereof, prorated into 12 installments. Invoices shall be issued on or before the first day of each service month. Payment due date shall be 30 days after the beginning of each service month. An example of a fixed price contract for ongoing, recurring provision of materiels and/or services might be a city contracting with the Sheriff for law enforcement services. IV. ACTUAL COST CONTRACTS A. Actual Cost (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non-recurring provision of materiels and/or services shall be issued after delivery by the County of the materiels and/or services and no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days. B. Actual Cost (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materiels and/or services shall be issued on a monthly basis and shall represent the cost of materiels and/or services provided to the contracting entity during the previous calendar month. Such invoices shall be issued no later than 15 days after the close of the monthly billing period. If the County agency/department/district does not utilize a monthly billing cycle, the invoice shall be issued no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days. Examples of actual cost contracts for the ongoing, recurring provision of materiels and/or services might be a city contracting with the County for communications equipment repair or waste disposal at a County landfill. V. PAYMENT DUE DATES Notwithstanding the provisions of Sections II and III above, payment due date shall be at least invoice date plus 30 days. If the County is late in issuing an invoice, the contracting entity would always have at least invoice date plus 30 days to pay. If the County is early in issuing an invoice, the contracting entity would still have a payment due date of either 60 days after the beginning of the quarter (quarterly invoices) or 30 days after the beginning of the service month (monthly invoices). (EXAMPLES: An invoice for October service, dated and issued October 8 (late) would have a payment due date of November 7. An invoice for August service, dated and issued July 20 (early) would have a payment due date of August 30.) Page 2 of 4 0 VI. LATE CHARGES 0 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 payor's postage meter mark will be assessed a late charge if any payment is not received by the County by the payment due date plus one day. — Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office postmark dated after the payment due date will be assessed a late charge. The late charge assessed in each of these situations shall be three-quarters of one percent (0.75%) of the payment due and unpaid plus $100.00 for late payments made within 30 days of the payment due date. An additional charge of three-quarters of one percent (0.75%) of said payment shall be added for each additional 30 -day period that the payment remains unpaid. Late charges shall be added to the payment and invoiced to the contracting entity in accordance with this policy. VII. COLLECTIONS Any invoice remaining unpaid 90 days after the invoice date shall be referred to the Auditor - Controller for subsequent collection action, such as deduction from contracting entity monies on deposit with the County Treasurer in accordance with Government Code Section 907 and any other applicable provision of law. Non-payment of invoices and applicable late charges will constitute a breach of contract for which the County retains all legal remedies including termination of the contract. VIII. DISCOUNT FOR EARLY PAYMENT Any payment received by the County from a contracting entity 20 days or more before the payment due date shall be entitled to a discount of one-quarter of one percent (0.25%). If the contracting entity takes a discount, and the payment is received by the County less than 20 days before the payment due date, County staff shall immediately notify the contracting entity by telephone that the discount should not have been taken and that the balance is due by the original payment due date. If the balance is not received by the County in accordance with the dates as specified in Section VII, applicable late charges shall be calculated on the balance due. Page 3 of 4 U IX. DEFERRED REVENUE 0 At fiscal year end, any portion of revenue invoiced (not necessarily received) during the fiscal year being closed out that represents charges or prepayment for materiels and/or services for the upcoming fiscal year shall be reclassified from a revenue account to a deferred revenue account (liability). In the new fiscal year the deferred revenue shall be reclassified to a revenue account. (EXAMPLE: On June 1, 19X1, a city is invoiced $48,000 which represents charges for the 12 -month period June 1, 19X1 to May 31, 19X2. The amount to be reclassified to deferred revenue would be $44,000, representing 11/12ths of the total amount. In July 19X1, the $44,000 would be reclassified to revenue.) Reclassification entries shall be made by Auditor -Controller Agency Accounting units, or for those agencies/departments/districts without such a unit, the agency/department/district shall notify the Auditor -Controller of the amounts to be reclassified. X. COST RECOVERY All County agencies/department/districts shall include all costs of providing contracted services in contract rates. Including all direct costs, allocated indirect costs such as departmental and County (CWCAP) overhead, and cost of capital financing. XI. EXISTING CONTRACTS Billing terms and provisions contained in existing contracting entity agreements (existing as of the date this policy is approved by the Board of Supervisors) shall remain in effect for the life of the contract. However, when these existing contracts are renegotiated, they shall contain the billing provisions as set forth in this policy. XII. DEVIATIONS FROM POLICY Deviations from this policy shall be approved by the Board of Supervisors. Proposed deviations by agencies/departments/districts shall be submitted to the CEO for concurrence in advance of filing an Agenda Item Transmittal (AIT) with the Clerk of the Board. The CEO, or his/her designee, shall advise the agency/department/district of approval or disapproval of the proposed deviations. If a County agency/department/district submits a contract to the Board of Supervisors for approval, and the billing provisions in the contract deviate from this policy, the agency/department/district shall specifically advise the Board of Supervisors in the AIT of the deviation, the reason for the deviation, and of the CEO's recommendation relative thereto. Page 4 of 4 ATTACHMENT C POLICY FOR DISTRIBUTION OF FORFEITED AND SEIZED ASSETS BACKGROUND The Orange County Sheriff's Department provides contract law enforcement services to cities in Orange County. Because of the increased likelihood that contracted patrol or investigation personnel may become involved in significant narcotic seizures, which could affect law enforcement services provided by the Sheriffs Department to contract cities, the following policy is in effect. NON-RNSP CONTRACTED PATROL AND INVESTIGATION OFFICERS When assets (cash or property) are seized in CITY by contracted patrol or investigation personnel other than RNSP personnel, and subsequently forfeited to COUNTY, the forfeited assets shall be shared with CITY as set forth below, for the purpose of augmenting law enforcement services in CITY, subject to approval by the forfeiting agency (U.S. Attorney or State) of such sharing and use of forfeited assets. A portion of forfeited assets may be retained by COUNTY's Sheriff Department, hereinafter referred to as "SHERIFF", to pay for departmental expenses not recovered through law enforcement contracts. In such cases, SHERIFF shall apply to the forfeiting agency for the return of a share of the assets to COUNTY. In his application, SHERIFF shall specify the percentage of shared assets returned to COUNTY that will be used to augment law enforcement services in CITY and the use of said assets by CITY. In those cases in which assets are seized within CITY by non-RNSP personnel assigned to CITY pursuant to this Agreement, without the involvement of other law enforcement personnel, and in which the seizure is a result solely of activities self -initiated by non-RNSP SHERIFF personnel assigned to CITY or initiated by said personnel in response to calls for service within CITY, SHERIFF shall apply to have all of the assets used to augment CITY law enforcement services. In those cases in which non-RNSP SHERIFF personnel assigned to CITY pursuant to this Agreement play an ancillary role in a seizure or in which other law enforcement personnel are involved in a seizure, SHERIFF shall determine the percentage of the total forfeited assets for which he will apply to augment CITY's law enforcement services. This determination will be based on the circumstances of the seizure, including the pro -rata involvement of all personnel, including those assigned to CITY. Each seizure will be evaluated on an individual and independent basis, and said evaluations will be available for review to CITY's manager. Examples of those incidents which would be evaluated as set forth in this section include situations in which a contract patrol deputy provides uniformed backup at a SHERIFF's Narcotic Bureau search warrant location or in which contract investigators participate in the service of a search warrant that was initiated by non -contract law enforcement personnel. Page 1 of 2 0 0 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 the interest-bearing account (Agency 139) for use in CITY in compliance with the forfeiting agency's regulations. 2. CONTRACTED REGIONAL NARCOTICS SUPPRESSION PROGRAM (RNSP) OFFICERS Assets forfeited as a result of activities conducted by contracted RNSP officers will be used to augment CITY's law enforcement services. Because activities of this type result from the efforts of both contracted officers and other RNSP officers, the percentage of sharing will be determined pursuant to the RNSP Memorandum of Understanding in effect at the time of the seizure. Said Memorandum of Understanding provides that assets are distributed according to percentage amounts based on the number of sworn personnel participating in the RNSP at the time of the seizure. The number of personnel in RNSP, as well as the number of participating agencies in RNSP, may fluctuate during the course of a contract year, thereby affecting the percentage amounts distributed to participating agencies. The percentage amounts distributed to participating agencies may also be affected by action taken by the RNSP Executive Board. CITY will use RNSP forfeited assets only to augment CITY's law enforcement services. If the forfeiting agency or applicable RNSP Memorandum of Understanding attaches any additional or more specific conditions on the use of said assets, CITY shall abide by those conditions. SHERIFF and CITY's manager shall determine the specific use of said assets within the conditions imposed by the forfeiting agency and the RNSP Memorandum of Understanding. Subject to conditions imposed by the forfeiting agency and the RNSP Memorandum of Understanding and to the requirement that RNSP forfeited assets be used to augment law enforcement services, COUNTY shall place forfeited cash or cash from the sale of forfeited assets in the interest-bearing account (Agency 139) for use in CITY in compliance with the forfeiting agency's regulations and the RNSP Memorandum of Understanding. Page 2 of 2 4/23/97