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02-0701_ORANGE, COUNTY OF_3rd Amd to Agreement2 3 4 5 6 7 No M 10 11 12 13 14 15 16 17 18 1s 20 21 22 23 24 25 26 27 28 0 0 THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS THIRD AMENDMENT TO AGREEMENT is entered into this First day of July 2002, 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, a political subdivision of the State of California, hereinafter referred to as "COUNTY", to amend, effective July 1, 2002, that certain Agreement between the parties commencing July 1, 2000, hereinafter referred to as the "Agreement". 1. REGULAR SERVICES BY COUNTY For the period July 1, 2002, through June 30, 2003, Subsection C-4 of the Agreement is amended to read as follows: 'A. The level of service, other than for licensing, to be provided by the COUNTY for the period July 1, 2002 through June 30, 2003, shall be as follows: Supervision: • One (1) Lieutenant (40 hours per week) • Four (4) Sergeants (one Sergeant equals 40 hours per week) Investigation Services: Two (2) Investigators (each 80 hours per two-week pay period) Patrol/Traffic Services: Fifteen (15) designated one -deputy units (40 hours per week, per unit) H Page 1 of 7 C 1 • Three (3) designated motorcycle units 2 (40 hours per week, per unit) 3 Deployment to be determined by SHERIFF in cooperation with CITY manager. 4 Community Support Unit: 5 • Three (3) Deputy Sheriff II's (each 40 hours per week) 6 Parking Control: 7 • Two (2) Community Services Officers (each 40 hours per week) s Shared Staff South County Regional Support Services: s • 6.68 percent of one (1) Investigator 10 • 6.22 percent of one (1) Sergeant - Traffic 11 • 6.22 percent of three (3) Deputy Sheriff [I's - Traffic 12 • 6.22 percent of two (2) Investigative Assistants - Traffic 13 • 13.80 percent of two (2) Investigative Assistants — South Court 14 • 6.22 percent of one (1) Office Specialist — Traffic 15 • 6.68 percent of one and one half (1.5) Office Specialists 16 • 11.54 percent of one half of one (.5) Motorcycle Sergeant 17 2. For the period of July 1, 2002 through June 30, 2003, Subsections G-2 and G-3 of 18 the Agreement are amended to read as follows: 19 "2. Unless the level of service described in Subsection C-4 is increased or 20 decreased, the cost of services described in Subsection C-4 of this Agreement, 21 other than Licensing Services, to be provided by the COUNTY for the period 22 July 1, 2002 through June 30, 2003, shall be as follows: 23 SERVICE COST OF SERVICE 24 Patrol/Traffic Services: 25 Fifteen (15) Patrol Units 26 @ $154,480/units $2,317,200 27 28 Page 2 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 n 18 19 20 21 22 23 24 25 26 27 28 0 0 SERVICE • Three (3) Motorcycle Patrol Units @ $148,957/Unit Community Support Unit: • Three (3) Deputy Sheriff H's @ $146,336/each Investigation Services: • Two (2) Investigators @ $174,886/each Supervision: • One (1) Lieutenant @ $195,732/each • Four (4) Sergeants @ $175,014/each Parking Control: • Two (2) Community Services Officers @ $80,189/each South County Regional Support: • 6.68% of one (1) Investigator @ $138,390/each • 6.22% of one (1) Sergeant - Traffic @ $177,137/each • 6.22% of three (3) Deputy Sheriff II's - Traffic @ $133,581/each • 6.22% of one (1) Office Specialist - Traffic @ $54,462/each • 6.22% of two (2) Investigative Assistants -Traffic @ $64,421 /each Page 3 of 7 COST OF SERVICE $ 446,871 $ 439,008 $ 349,772 $ 195,732 $ 700,056 $ 160,378 $ 9,244 $ 24,927 $ 3,388 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 0 0 SERVICE COST OF SERVICE • 13.80% of two (2) Investigative Assistants — South Court @ $64,020/each $ 17,671 • 6.68% of one and one half (1.5) Office Specialists - Traffic @ $54,462/each $ 5,456 • 11.54% of one half of one (5) Motorcycle Sergeant @ $183,037/each $ 10,560 Other Charges and Credits: $ 128,356 Charges: 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, Deputy Sheriff II overtime. Credits: False alarm fees; reimbursement for training and miscellaneous programs; employee contribution for retirement. TOTAL COST OF SERVICES 4.827.851 3. Unless the level of service described in Subsection C-4 is increased or decreased, the Maximum 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, 2002 and June 30, 2003, is $4,827,651." 3. For services rendered during the period July 1, 2002 through June 30, 2003 Subsection G-4 of the Agreement shall be inoperative. 4. Effective July 1, 2002, Section M of the Agreement is amended to read as follows: // // Page 4 of 7 1 2 3 4 5 s 7 8 9 10 12 13 14 15 18 17 18 19 20 21 22 23 24 25 25 27 28 "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: • One Sergeant (40 hours per week) One Information Processing Specialist (40 hours per week) One Deputy Sheriff II (40 hours per week) Page 5 of 7 1 • One Investigative Assistant 2 (40 hours per week) 3 In the event the fees adopted by COUNTY, CITY and other participating 4 jurisdictions are not adequate to continue operation of the Program at the level 5 at which it operated previously, COUNTY, at the option of CITY, will reduce the 6 level of Program service to be provided to CITY or will continue to provide the 7 existing level of Program services. COUNTY will charge CITY the cost of any 8 Program operations that exceed the revenue generated by fees. Such charges s shall be in addition to the Maximum Obligation of CITY set forth in Subsection 10 G-3 of this Agreement. The amount of any revenue shortfall charged to CITY 11 will be determined, at the time the revenue shortfall is experienced, according 12 to CITY's share of Program services rendered. In the event of a reduction in 13 level of Program service, termination of Program service or adjustment of costs, 14 the parties shall execute an amendment to this Agreement so providing. 15 Decisions about how to reduce the level of Program service provided to CITY 16 shall be made by SHERIFF with the approval of CITY." 17 5. All other provisions of the Agreement, as previously amended, to the extent that 18 they are not in conflict with this THIRD AMENDMENT TO AGREEMENT, remain 19 unchanged. 20 H 21 H 22 H 23 H 24 H 25 // 26 H 27 28 Page 6 of 7 1 2 3 4 5 s 7 8 s 10 11 12 13 14 15 16 17 18 1s 20 21 22 23 24 25 26 27 4M • • IN WITNESS WHEREOF, the parties have executed the THIRD AMENDMENT TO AGREEMENT in the County of Orange, State of California. DATED: '� - I& -0 -;L— CITY OF SAN JUAN CAPISTRANO City Clerk BY�gate Diane Baaye APPROVED AS TO FORM: BY: City Attorney DATED: 67 - 25--0-2- COUNTY 5-'UZ COUNTY OF ORANGE BY: 47 Chair of the Boarof""" Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOAR BY: t` / - Darlene J. Bloom RN�P� Clerk of the Board of Supervise of Orange County, California APPROVED AS TO FORM: Benjamin P. de Mayo, County Counsel Orange County, California BY: Deputy DATED: 6/25/02 Page 7 of 7 • 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 anc 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, I ATTEST: • SECTION 2. The City Clerk shall certify to the adoption of this resolution. ►ir PASSED, APPROVED, AND ADOPTED this 18th day of July, 2000. OLLE AMP BEL , MAYOR 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, x California, at a regular meeting thereof held on the 18th day of July, 2000, by the following vote: AYES: Council Members Bathgate, Greiner, dart, Swerdlin and Mayor Campbell NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOH9SOK, CITY CLERK -2-