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01-0501_ORANGE, COUNTY OF_2nd Amd to AgreementI 1 SECOND AMENDMENT TO AGREEMENT 2 BETWEEN THE 3 CITY OF SAN JUAN CAPISTRANO 4 AND THE 5 COUNTY OF ORANGE 6 7 THIS SECOND AMENDMENT TO AGREEMENT is entered into this 8 First day of May 2001, which date is enumerated for purposes of reference only, by 9 and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as to "CITY", and the COUNTY OF ORANGE, a political subdivision of the State of ii California, hereinafter referred to as "COUNTY", to amend, effective July 1, 2001, 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, 2001, through June 30, 2002, 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 the COUNTY for 18 the period July 1, 2001 through June 30, 2002, shall be as follows: 19 Supervision: 20 • One (1) Lieutenant (40 hours per week) 21 • Four (4) Sergeants 22 (one Sergeant equals 40 hours per week) 23 Investigation Services: 24 Two (2) Investigators (each 80 hours per two-week pay period) 25 26 H 27 28 Page 1 of 9 C 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 L Patrol/Traffic Services: • Fifteen (15) 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: • 6 percent of one (1) Investigator • 10 percent of one (1) Sergeant - Traffic • 10 percent of three (3) Deputy Sheriff ll's - Traffic • 10 percent of two (2) Investigative Assistants - Traffic • 12 percent of two (2) Investigative Assistants — Investigation • 10 percent of one (1) Office Specialist — Traffic 2 Section E of the Agreement is amended to read as follows: "E. PATROL VIDEO SYSTEMS: As part of the law enforcement services provided to CITY, CITY has paid for and COUNTY has provided, patrol video systems mounted in the patrol vehicles designated by COUNTY for use within CITY limits. SHERIFF has the exclusive right to use said video systems for law enforcement services related to this Agreement. If CITY requires patrol video systems for additional patrol cars designated for use in CITY, COUNTY will purchase said patrol video systems. CITY will pay Page 2 of 9 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 L Patrol/Traffic Services: • Fifteen (15) 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: • 6 percent of one (1) Investigator • 10 percent of one (1) Sergeant - Traffic • 10 percent of three (3) Deputy Sheriff ll's - Traffic • 10 percent of two (2) Investigative Assistants - Traffic • 12 percent of two (2) Investigative Assistants — Investigation • 10 percent of one (1) Office Specialist — Traffic 2 Section E of the Agreement is amended to read as follows: "E. PATROL VIDEO SYSTEMS: As part of the law enforcement services provided to CITY, CITY has paid for and COUNTY has provided, patrol video systems mounted in the patrol vehicles designated by COUNTY for use within CITY limits. SHERIFF has the exclusive right to use said video systems for law enforcement services related to this Agreement. If CITY requires patrol video systems for additional patrol cars designated for use in CITY, COUNTY will purchase said patrol video systems. CITY will pay Page 2 of 9 1 2 3 4 51 M 71 8 9 10 11 12 13 14 15 1 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY the cost of the new patrol video systems upon demand. Except as otherwise indicated, the cost of patrol video systems for additional patrol cars is not included in and is in addition to the Maximum Obligation of CITY set forth in Subsection G-3. COUNTY will replace existing patrol video systems as needed. The costs of replacing existing patrol videos systems are included in the cost of services set forth in Section G-2 and in the Maximum Obligation of CITY set forth in Section G-3" 3. For the period of July 1, 2001 through June 30, 2002, Subsections G-2, G-3 and G-4 of the Agreement are amended to read as follows: "2. 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 cost of services described in Subsection C-4 of this Agreement, other than Licensing Services, to be provided by the COUNTY for the period July 1, 2001 through June 30, 2002, shall be as follows: SERVICE COST OF SERVICE Patrol/Traffic Services: • Fifteen (15) Patrol Units @ $138,682/units $2,080,230 • Three (3) Motorcycle Patrol Units @ $131,861/Unit $ 395,583 Community Support Unit: • Three (3) Deputy Sheriff II's @ $130,470/each $ 391,410 Investigation Services: • Two (2) Investigators @ $144,329/each $ 288,658 Page 3 of 9 1 2 3 4 5 6 7 8 9 10 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 SERVICE COST OF SERVICE Supervision: • One (1) Lieutenant @ $164,297/each • Four (4) Sergeants @ $155,549/each Parking Control: • Two (2) Community Services Officers @ $71,106/each South County Regional Support: • 6% of one (1) Investigator @ $124,416/each • 10% of one (1) Sergeant - Traffic @ $154,116/each • 10% of three (3) Deputy Sheriff II's - Traffic @ $119,099/each • 10% of one (1) Office Specialist - Traffic @ $50,194/each • 10% of two (2) Investigative Assistants - Traffic @ $55,664/each • 12% of two (2) Investigative Assistants — Investigation @ $57,079/each Other Charges and Credits: Charges: Contract Management; premium pay for bilingual staff; vacation, on-call and holiday pay; mileage interest; camera replacement, and shared costs of one sergeant with San Clemente and Mission Viejo. Page 4 of 9 $ 164,297 $ 622,196 $ 142,212 $ 7,463 $ 15,408 $ 35,718 $ 5,016 $ 11,125 $ 13,690 $ 183,793 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 Fh 111 0 0 Credits: False alarm fees; reimbursement for training and miscellaneous programs. TOTAL COST OF SERVICES 4.356.799 4. 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 and rendered by COUNTY between July 1, 2001 and June 30, 2002, is $4,356,799. 4. a. At the time this Agreement is executed, there are unresolved issues pertaining to potential increases in salaries and benefits for COUNTY law enforcement management and increases in COUNTY contributions towards employee retirement. The costs of such potential increases are not included in the Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement. If COUNTY incurs or becomes obligated to pay for any such increases 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 are attributable to work performed by such personnel during the term of this Agreement, 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, 2001 and June 30, 2002 remaining after COUNTY notifies CITY that increases are payable. b. If CITY is required to pay for increases as set forth in Subsection G -4-a Page 5 of 9 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 0 0 above, COUNTY, at the request of CITY, will thereafter reduce the level of service to be provided to CITY pursuant to Subsection C-3 of this Agreement to a level that will make the Maximum Obligation of CITY hereunder an amount specified by CITY that is equivalent to or higher than the Maximum Obligation set forth in Subsection G-3 of this Agreement at the time it 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 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." 3. Section M is added to the Agreement to read as follows: 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 23 24 25 26 27 28 IF/I 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 Page 6 of 9 0 0 1 accidents. In order for CITY to participate in the Program, CITY has adopted a 2 fee pursuant to Vehicle Code section 22850.5, in the amount and under the 3 terms and conditions set forth in the resolution that is attached hereto as 4 Exhibit D and incorporated into this Agreement by reference, and has directed 5 that the revenue from such fee be used for Program. CITY's participation in the 6 Program may be terminated at any time by rescission or amendment of the 7 resolution that is attached hereto as Exhibit D. 8 COUNTY will make available for review, at the request of CITY, all financial 9 data related to the Program as may be requested by CITY. 10 Fee revenue generated by COUNTY and participating cities will be used to fund 11 the following positions, which will be assigned to the Program: 12 • One Sergeant 13 (40 hours per week) 14 . One Information Processing Specialist 15 (40 hours per week) 16 • 50 percent of one Deputy Sheriff II 17 (20 hours per week) 18 • 50 percent of one Investigative Assistant 19 (20 hours per week) 20 Additional Program personnel currently are funded by a grant from the State of 21 California to COUNTY. 22 Upon the conclusion of said initial partial grant funding of the Program, and in 23 the event the fees adopted by COUNTY, CITY and other participating 24 jurisdictions are not then adequate to continue operation of the Program at the 25 level at which it operated previously, COUNTY, at the option of CITY, will 28 reduce the level of Program service to be provided to CITY or will continue to 27 provide the existing level of Program services. COUNTY will charge CITY the 28 cost of any Program operations that exceed the revenue generated by fees. Page 7 of 9 1 The amount of any revenue shortfall charged to CITY will be determined, at the 2 time the revenue shortfall is experienced, according to CITY's share of Program 3 services rendered. In the event of a reduction in level of Program service, 4 termination of Program service or adjustment of costs, the parties shall execute 5 an amendment to this Agreement so providing. Decisions about how to reduce 6 the level of Program service provided to CITY shall be made by SHERIFF with 7 the approval of CITY. 8 4. All other provisions of the Agreement, as previously amended and to the extent 9 that they are not in conflict with this SECOND AMENDMENT TO AGREEMENT, 10 remain unchanged. 11 12 13 14 15 16 H 17 H 18 19 20 21 22 23 24 25 26 27 28 Page 8 of 9 1 IN WITNESS WHEREOF, the parties have executed the SECOND 2 AMENDMENT TO AGREEMENT in the County of Orange, State of California. 3 DATED: 200 .� CITY OF SAN JUAN CAPISTRANO 5 ATTES City Clerk s BY: Mayor 8 APPROVED AS TO FORM: s 10 BY: ty Attorney 11 ---------------------------------------------------------------------------------------------------------------- 12 13 DATED: 14 COUNTY OF ORANGE 15 16 BY: hair of the Board of 17 Supervisors 18 SIGNED AND CERTIFIED THAT A COPY 19 OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. tic >• o 20 BY: 21 Darlene m 22 Clerk of the Board of Supervisors of Orange County, California 23 24 APPROVED AS TO FORM: 25 Laurence M. Watson, County Counsel Orange County, California 2s BY: 27 Deputy 28 DATED: 6/8/01 Page 9 of 9 1 2 3 4 5 6 8 s 10 11 12 13 14 15 16 n 18 19 20 21 22 23 24 25 26 27 28 06118/01 0 0 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 C] POLICY COUNTY BILLING POLICY a 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. 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. 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: 1. Annual Billings that total $10,000 or less, per (1) annual invoice. Annual invoices will be contract, or portions thereof. Invoices shall after the beginning of each 12 -month period. plus 30 days. Page 1 of 4 12 -month period, shall be billed via one issued for each 12 -month period of the be issued no later than five working days Payment due date shall be invoice date 0 0 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. 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 10 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 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 9 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 0 0 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. 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 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 • • 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, -1-