03-0701_ORANGE, COUNTY OF_4th Amd to AgreementI FOURTH AMENDMENT TO AGREEMENT
2 BETWEEN THE
3 CITY OF SAN JUAN CAPISTRANO
4 AND THE
5 COUNTY OF ORANGE
6
7 THIS FOURTH AMENDMENT TO AGREEMENT is entered into this
8 First day of July 2003, which date is enumerated for purposes of reference only, by
s and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as
io "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, 2003, that
12 certain Agreement between the parties commencing July 1, 2000, hereinafter referred
13 to as the "Agreement".
14 1. REGULAR SERVICES BY COUNTY
15 For the period July 1, 2003, through June 30, 2004, Subsection C-4 of the
16 Agreement is amended to read as follows:
17 'A. The level of service, other than for licensing, to be provided by COUNTY for the
18 period July 1, 2003 through June 30, 2004, shall be as follows:
is Supervision:
20 • One (1) Lieutenant (40 hours per week)
21 • Four (4) Sergeants (one Sergeant equals 40 hours per week)
22 Investigation Services:
23 • Two (2) Investigators (each 80 hours per two-week pay period)
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C
1 Patrol/Traffic Services:
2 • Fifteen (15) designated one -deputy units
3 (40 hours per week, per unit)
4 • Three (3) designated motorcycle units
5 (40 hours per week, per unit)
6 Deployment to be determined by SHERIFF in cooperation with CITY manager.
7 Community Support Unit:
8 • Three (3) Deputy Sheriff II's (each 40 hours per week)
s Parking Control:
io • Two (2) Community Services Officers (each 40 hours per week)
11 Shared Staff South County Regional Support Services:
12 • 6.54 percent of one (1) Sergeant - Traffic
13 • 6.54 percent of three (3) Deputy Sheriff II's - Traffic
14 • 6.54 percent of two (2) Investigative Assistants - Traffic
15 • 6.54 percent of one (1) Office Specialist — Traffic
16 • 7.38 percent of one (1) Investigator
17 • 7.38 percent of one and one half (1.5) Office Specialists
18 • 11.68 percent of two (2) Investigative Assistants — South Court
is • 11.54 percent of one half of one (.5) Motorcycle Sergeant
20 2. For the period of July 1, 2003 through June 30, 2004, Subsections G-2, G-3, G-4
21 of the Agreement are amended to read as follows:
22 "2. Unless the level of service described in Subsection C-4 is increased or
23 decreased, or CITY is required to pay for increases as set forth in Subsection
24 G-4, the cost of services described in Subsection C-4 of this Agreement, other
25 than Licensing Services, to be provided by the COUNTY for the period July 1,
26 2003 through June 30, 2004, shall be as follows:
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SERVICE
COST OF SERVICE
Supervision:
• One (1) Lieutenant
@ $213,245/each
$
213,245
• Four (4) Sergeants
@ $190,920/each
$
763,680
Patrol/Traffic Services:
• Thirteen (13) Patrol Units — Class "A" Vehicle
@ $166,523/units
$
2,164,799
• Two (2) Patrol Units — Class "H" Vehicle
@ $167,343/units
$
334,686
• Three (3) Motorcycle Patrol Units
@ $161,125/Unit
$
483,375
Community Support Unit:
• Three (3) Deputy Sheriff ll's
@ $159,679/each
$
479,037
Investigation Services:
• Two (2) Investigators
@ $183,352/each
$
366,704
Parking Control:
Two (2) Community Services Officers
@ $82,450/each
$
164,900
South County Regional Support:
• 6.54% of one (1) Sergeant - Traffic
@ $174,836/each
$
11,434
• 6.54% of three (3) Deputy Sheriff II's - Traffic
@ $143,179/each
$
28,092
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SERVICE COST OF SERVICE
• 6.54% of one (1) Office Specialist - Traffic
@ $57,897/each
• 6.54% of two (2) Investigative Assistants - Traffic
@ $66,945/each
• 7.38% of one (1) Investigator
@ $158,993/each
11.68% of two (2) Investigative Assistants — South Court
@ $70,323/each
• 7.38% of one and one half (1.5) Office Specialists
@ $57,523/each
11.54% of one half of one (5) Motorcycle Sergeant
@ $195,511/each
Other Charges and Credits:
Charaes: MDC recurring cost; Contract Management;
premium pay for bilingual staff; annual leave,
vacation, on-call and holiday pay; mileage interest;
camera replacement, and shared difference of an
Investigator and Sergeant.
Credits: False alarm fees; reimbursement for training
and miscellaneous programs; employee contribution
for retirement.
TOTAL COST OF SERVICES
$ 3,786
$ 8,756
$ 11,734
$ 16,427
J
$ 11,277
$ 223,049
3. Unless the level of service described in Subsection C-4 is increased or
decreased, or CITY is required to pay for increases as set forth in
Subsection G-4, the Maximum Obligation of CITY for services, other than
Licensing Services, that are referenced in Subsection C-4 of this Agreement
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1 and rendered by COUNTY between July 1, 2003 and June 30, 2004, is
2 $5,291,349.
3 4. a. At the time this Fourth Amendment is executed, there are unresolved
4 issues pertaining to potential increases in salaries and benefits for
5 COUNTY employees. The costs of such potential increases are not
5 included in the Fiscal Year 2003-04 costs set forth in Subsection G-2 nor
7 in the Fiscal Year 2003-04 Maximum Obligation of CITY set forth in
a Subsection G-3 of this Fourth Amendment. If COUNTY incurs or
9 becomes obligated to pay for any such increases for or on account of
10 personnel whose costs are included in the calculations of costs charged
11 to CITY hereunder, CITY shall pay COUNTY, in addition to the Maximum
12 Obligation set forth in Subsection G-3 of this Fourth Amendment, the full
13 costs of said increases to the extent such increases are attributable to
14 work performed by such personnel during the period July 1, 2003
15 through June 30, 2004, and CITY's Maximum Obligation hereunder shall
15 be deemed to have increased accordingly. CITY shall pay COUNTY in
17 full for such increases on a pro -rata basis over the portion of the period
18 between July 1, 2003 and June 30, 2004 remaining after COUNTY
19 notifies CITY that increases are payable.
20 b. If CITY is required to pay for increases as set forth in Subsection G -4-a
21 above, COUNTY, at the request of CITY, will thereafter reduce the level
22 of service to be provided to CITY pursuant to Subsection C-4 of this
23 Fourth Amendment to a level that will make the Maximum Obligation of
24 CITY hereunder an amount specified by CITY that is equivalent to or
25 higher than the Maximum Obligation set forth in Subsection G-3 of this
25 Fourth Amendment at the time it originally was executed. The purpose
27 of such adjustment of service levels will be to give CITY the option of
28 keeping its Maximum Obligation hereunder at the pre -increase level or at
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any other higher 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 the 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."
3. Effective July 1, 2003, Section M of the Agreement is amended to read as follows:
"M. TRAFFIC VIOLATOR APPREHENSION PROGRAM
COUNTY has established a Traffic Violator Apprehension Program ["the
Program"], which is operated by SHERIFF, and is designed to reduce vehicle
accidents caused by unlicensed drivers and drivers whose licenses are
suspended and to educate the public about the requirements of the 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 resolution that is attached hereto as
Exhibit D 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
resolution that is attached hereto as Exhibit D.
COUNTY will make available for review, at the request of CITY, all financial
data related to the Program as may be requested by CITY.
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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1 • One Staff Analyst
2 (40 hours per week)
3 • One Information Processing Specialist
4 (40 hours per week)
s • One Deputy Sheriff II
s (40 hours per week)
7 • One Investigative Assistant
a (40 hours per week)
s In the event the fees adopted by COUNTY, CITY and other participating
10 jurisdictions are not adequate to continue operation of the Program at the level
11 at which it operated previously, COUNTY, at the option of CITY, will reduce the
12 level of Program service to be provided to CITY or will continue to provide the
13 existing level of Program services. COUNTY will charge CITY the cost of any
14 Program operations that exceed the revenue generated by fees. Such charges
15 shall be in addition to the Maximum Obligation of CITY set forth in Subsection
16 G-3 of this Agreement. The amount of any revenue shortfall charged to CITY
17 will be determined, at the time the revenue shortfall is experienced, according
18 to CITY's share of Program services rendered. In the event of a reduction in
19 level of Program service, termination of Program service or adjustment of costs,
20 the parties shall execute an amendment to this Agreement so providing.
21 Decisions about how to reduce the level of Program service provided to CITY
22 shall be made by SHERIFF with the approval of CITY."
23 4. For the period July 1, 2003 through June 30, 2004, Subsection N is added to read
24 as follows:
25 "N. MOBILE DATA COMPUTERS
26 1. As part of the law enforcement services to be provided to CITY, COUNTY
27 has provided, or will provide, mobile data computers (hereinafter called
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1 "MDCs") that are or will be mounted in patrol vehicles designated by
2 COUNTY for use within CITY limits.
3 2. SHERIFF has the exclusive right to use said MDCs for law enforcement
4 services related to this Agreement.
s 3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and
6 installation of MDCs that are or will be mounted in patrol vehicles assigned
7 to CITY, and b) recurring costs, as deemed necessary by COUNTY,
8 including the costs of maintenance and contributions to a fund for
s replacement and upgrade of such MDCs when they become functionally or
10 technologically obsolete.
ii (i) CITY's obligation to COUNTY for the acquisition cost of the MDCs
12 to be installed in CITY vehicles prior to September 1, 2003
13 (estimated at $203,443) is in addition to and is not included in the
14 costs set forth in Subsection G-2 and the Maximum Obligation of
15 CITY set forth in Subsection G-3 of this Fourth Amendment.
16 COUNTY shall notify CITY of the actual amount owing to COUNTY
17 for said acquisition costs. COUNTY understands that CITY plans to
18 reimburse COUNTY for said acquisition costs using funding from a
19 grant for which CITY already has applied or plans to apply.
20 Irrespective of whether CITY receives said grant funding, CITY shall
21 pay COUNTY, by July 31, 2003 or 30 days after notification by
22 County of the actual costs, whichever is later, for the full acquisition
23 cost of said MDCs.
24 (ii) The costs to be paid by CITY for recurring costs, including
25 maintenance and replacement/upgrade of MDCs, are included in
26 the costs set forth in Subsection G-2 and the Maximum Obligation
27 of CITY set forth in Subsection G-3 of this Fourth Amendment
28 unless CITY has already paid such costs. CITY shall not be
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charged additional amounts
for maintenance or
replacement/upgrade of said MDCs during the period July 1, 2003
through June 30, 2004.
4. If, following the initial acquisition of MDCs referenced above, CITY requires
MDCs for additional patrol cars designated for use in the CITY, 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 MDCs, 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 Subsection G-2 and the Maximum Obligation of CITY set forth in
Subsection G-3 of this Fourth Amendment.
5. COUNTY will replace and/or upgrade MDCs as needed. The costs of
replacing/upgrading MDCs shall be paid by COUNTY from the replacement/
upgrade funds to be paid by CITY in accordance with the foregoing. CITY
shall not be charged any additional charge to replace or upgrade MDCs."
6. All other provisions of the Agreement, as previously amended, to the extent that
they are not in conflict with this FOURTH AMENDMENT TO AGREEMENT, remain
unchanged.
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IN WITNESS WHEREOF, the parties have executed the FOURTH
AMENDMENT TO AGREEMENT in the County of Orange, State of California.
DATED: —7 a Oo 3
ATTEST:
City Clerk
U i
DATED:
COUNTY OF ORANG
BY: 7Irw4li31►--
CITY OF
ISTRANO
�� Mayor
APPROVED AS TO FORM:
BY:
Attorney
Chair of the Board of
Supervisors
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE MAN OF THE BOARD.
BY: {-f7
Clerk of the Board of
of Orange County,
APPROVED AS TO FORM:
Benjamin P. de Mayo, County Counsel
Orange County, California
Deputy
DATED: Ci/,e/o3
6/11/03 _�
Page 10 of 10
EXHIBIT D
RESOLUTION NO. 00-7-18-4
ORANGE COUNTY SHERIFFS DEPARTMENT TRAFFIC VIOLATOR
APPREHENSION PROGRAM
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE
ORANGE COUNTY SHERIFFS DEPARTMENT TRAFFIC VIOLATOR
APPREHENSION PROGRAM
WHEREAS, the City of San Juan Capistrano contracts with the Orange
County Sheriffs Department for law enforcement services; and,
WHEREAS, as a contract City, San Juan Capistrano is eligible to participate
in the County's new Traffic Violator Apprehension Program; and,
WHEREAS, the goals of the Traffic Violator Apprehension Program are to
reduce the number of collisions involving suspended or unlicensed drivers, to reduce the
number of hit and run collisions, to establish a public education program to deter violators,
and to establish a cost recovery system to pay for continued enforcement; and,
WHEREAS, the Traffic Violator Apprehension Program is funded by a Traffic
Safety Grant from the State of California and on-going revenues will be generated from the
collection of vehicle impound fees within the unincorporated areas of the County and
participating cities that contract for law enforcement services with the Orange County
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 forthe 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 Capistrano to participate in the
Traffic Violator Apprehension Fund; and,
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SECTION 2. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 18th day of July, 2000.
OLLE AMPBE MAYOR
ATTEST:
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, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 00-7-18-4, adopted by the City Council of the City of San Juan Capistrano,
California, at a regular meeting thereof held on the 18th day of July, 2000, by the following
vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin
and Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNSOW, CITY CLERK
_2_