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19-0605_ORANGE, COUNTY OF_Fourth Amd to Agreement1 2 3 4 5 6 7 8 I 10 11 '12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FOURTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS FOURTH AMENDMENT TO AGREEMENT, entered into this Fifth day of June 2019, 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 politicalsubdivision of the State of California, hereinafter referred to as "COUNTY", to amend effective July 1 ,2019, that certain Agreement between the parties commencing July 1, 2015, hereinafter referred to as the "Agreement". 1. For the period July 1,2019 through June 30,2020, REGULAR SERVICES BY COUNTY, Subsection C-4 of the Agreement is amended to read as follows: "C-4. The level of service, other than for licensing, to be provided by the COUNTY forthe period July 1 ,2019 through June 30,2020, is setforth in Attachment F and incorporated herein by this reference." 2. For the period July 1 , 2019 through June 30, 2020, REGULAR SERVICES BY COUNTY, Subsection C-10 is added to the Agreement to read as follows: "C-10. With the limitations set forth below, SHERIFF, on behalf of COUNTY, and CITY Manager, on behalf of CITY, are authorized to execute written amendments to this Agreement to increase or decrease the level of service set forth in Attachment F, when SHERIFF and CITY Manager mutually agree that such increase or decrease in the level of service is appropriate. Any such amendment to the Agreement shall concomitantly increase or decrease the cost of services payable by CITY set forth in Attachment G and incorporated herein by this reference, and the Maximum Obligation of CITY set forth in Page 1 of7 I 2 3 4 5 6 7 I I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Subsection G-2, in accordance with the current year's COUNTY law enforcement cost study. SHERIFF and CITY Manager shallfile copies of any such amendments to this Agreement with the Clerk of COUNTY's Board of Supervisors and CITY's Clerk. Amendments to this Agreement executed by SHERIFF and CITY Manager may not, in the aggregate, increase or decrease the cost of services payable by CITY by more than one percent (1%) of the total cost originally set forth in Attachment G and the Maximum Obligation originally set forth in Subsection G-2 for FY 2019-20. Prior approval by COUNTY's Board of Supervisors and CITY's Council is required before execution of any amendment that brings the aggregate total of changes in costs payable by CITY to more than one percent (1%) of the total cost originally set forth in Attachment G and the Maximum Obligation originally set forth in Subsection G-2 of this Agreement for FY 2019-20. 3. For the period July 1 , 2019 through June 30, 2020, PATROL VIDEO SYSTEMS, Subsection E-3 of the Agreement is amended to read as follows: "E-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and installation of Patrol Video Systems that are or will be mounted in patrol vehicles assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such PVS when they become functionally or technologically obsolete. The costs to be paid by CITY for recurring costs, including maintenance and replacemenUupgrade of PVS, are included in the costs set forth in Attachment G and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or replacemenVupgrade of said PVS during the period July 1 ,2019 through June 30,2020." ll Page 2 of 7 'l 2 3 4 5 6 7 I I 10 "t1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. For the period July 1 , 2019 through June 30, 2020, PAYMENT, Subsection G-2 of the Agreement is amended to read as follows: "G-2. Unless the level of service as set forth in Attachment F is increased or decreased by mutual agreement of the parties, or CITY is required to pay for increases as set forth in Subsection G-4, the Maximum Obligation of CITY for services set forth in Attachment F of this Amendment, other than Licensing Services, to be provided by the COUNTY for the period July 1, 2019 through June 30, 2020, shall be $10,475,599, as set forth in Attachment G. The overtime costs included in the Agreement are only an estimate. COUNTY shall notify CITY of actual overtime worked during each fiscal year. lf actual overtime worked is above or below budgeted amounts, billings will be adjusted accordingly at the end of the fiscal year. Actual overtime costs may exceed CITY's Maximum Obligation." 5. For the period July 1 , 2019 through June 30, 2020, PAYMENT, Subsections G-4a, G-4b and G-6 of the Agreement are amended to read as follows: "G-Aa. At the time this Agreement is executed, there are unresolved issues pertaining to potential changes in salaries and benefits for COUNTY employees. The costs of such potential changes are not included in the FY 2019-20 cost set forth in Attachment G nor in the FY 2019-20 Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. lf the changes result in the COUNTY incurring or becoming obligated to pay for increased cost for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, CITY shall pay COUNTY, in addition to the Maximum Obligation set forth in Subsection G- 2 of this Agreement, the full costs of said increases to the extent such increases are attributable to work performed by such personnel during the period July 1 ,2019 through June 30,2020, and CITY's Maximum Obligation Page 3 of 7 1 2 3 4 5 6 7 I 9 10 11 12 13 14 15 16 17 18 19 20 2',| 22 23 24 25 26 27 28 G-4b. 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 , 2019 and June 30, 2O2O remaining after COUNTY notifies CITY that increases are payable. lf the changes result in the COUNTY incurring or becoming obligated to pay for decreased costs for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, COUNTY shall reduce the amount owed by the CITY to the extent such decreases are attributable to work performed by such personnel during the period July 1 , 2019 through June 30,2020, and CITY's Maximum Obligation hereunder shall be deemed to have decreased accordingly. COUNTY shall reduce required payment by CITY in full for such decreases on a pro-rata basis over the portion of the period between July 1 ,2019 and June 30,2020 remaining after COUNTY notifies CITY that the Maximum Obligation has decreased. lf CITY is required to pay for increases as set forth in Subsection G-4a above, COUNTY, at the request of CITY, willthereafter reduce the level of service to be provided to CITY as set forth in Attachment F of this Agreement to a level that will make the Maximum Obligation of CITY hereunder for the period July 1 , 2019 through June 30, 2020 an amount specified by CITY that is equivalent to or higher than the Maximum Obligation set forth in Subsection G-2 for said period at the time this Agreement originally was executed. The purpose of such adjustment of service levels will be to give CITY the option of keeping its Maximum Obligation hereunder at the pre-increase level or at any other higher or lower tevel specified by CITY. ln 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 il Page 4ol7 1 2 3 4 5 6 7 8 I 10 11 't2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of service provided to CITY shall be made by SHERIFF with the approval of CITY. G-6. COUNTY shall invoice CITY monthly, one-twelfth (1112) of the Maximum Obligation of CITY. lf a determination is made that increases described in Subsection G-4 must be paid, COUNTY thereafter shall include the pro- rata charges for such increases in its monthly invoices to CITY for the balance of the period between July 1 ,2019 and June 30,2020." 6. For the period July 1 ,2019 through June 30,2020, MOBILE DATA COMPUTERS, Subsection N-3 of the Agreement is amended to read as follows: "N-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and installation of MDCs that are or will be mounted in patrol vehicles and motorcycles assigned to CITY, and b) recurring costs, as deemed 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. The costs to be paid by CITY for recurring costs, including maintenance and replacemenUupgrade of MDCs, are included in the costs set forth in Attachment G and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or replacemenUupgrade of said MDCs during the period July 1 ,2019 through June 30,2020." 7. Forthe period July 1,2019 through June 30,2020, E-CITATION UNITS Subsection O-3 of the Agreement is amended to read as follows: "O.3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of E- Citation units that are assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete. Page 5 of 7 1 2 3 4 5 6 7 I I 10 't1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 il il il il il il il il il il il il il il il il il il il The costs to be paid by CITY for recurring costs, including maintenance and replacemenVupgrade of E-Citation units, are included in the costs set forth in Attachment G and the Maximum Obligation of CITY set forth in Subsection G- 2 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or replacemenUupgrade of said E-Citation units during the period July 1 ,2019 through June 30,2020." All other provisions of the Agreement, to the extent that they are not in conflict with this FOURTH AMENDMENT TO AGREEMENT, remain unchanged il Page 6 of 7 • 1 IN WITNESS WHEREOF, the parties have executed the FOURTH 2 AMENDMENT Ti REEMENT in the County of Orange, State of California. 3 DATED: g9.-//' 4 I , / CITY OF SAN JUAN CAPISTRANO 5 ATTEST: I ' mirti y�'lerk 6 7 BYY .V, -- ayor 8 APPROVED AS TO FORM: 9 10 City Attorney 11 12 DATED: /CI 13 COUNTY OF ORANGE 14 J . � I I J /.t .is 15 BY: 16 Chairwoman of the Board of Supervisors County of Orange, California 17 18 SIGNED AND CERTIFIED THAT A COPY OF.THIS 19 AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD PER G.C. Se . 25103, Reso 79-1535 20 Attest: 21 V� 22 70-Wr . g%r41• Robi Stieler VY Cler f the Board 23 County of Orange, California APPROVED AS TO FORM: Office of the County Counsel 24 County of Orange, California 25 2s BY: Deputy 27 28 DATED: Page 7 of 7 ATTACHMENT F ORANGE COUNTY SHERIFF.CORONER FY 2019.20 LAW ENFORCEMENT CONTRACT CITY OF SAN JUAN CAPISTRANO ''REGULAR SERVICES BY COUNTY'' (Subsection G'4) Quantity FrequencyDetailTitle MANAGEMENT: 1.00Lieutenant su two wk.each 80 hrs./4.00PatrolSerqeant 1.00 80 hrs./ per two wk. pay PeriodAdministrativeSeroeant INVESTIGATION SERVIGES: 2.00 two wk.each 80 hrs./lnvestioator PATROL Al,lD TRAFFIC SERVIGES.: each, 80 hrs./ per two wk. PaY Period15.00PatrolDeputy Sheriff ll -Patrol two wk2.00 80 hrs./two wkCrime Prevention 1.00 hrs./ Crime Sheriff ll SERVIGES*: two wk.each 80 hrs./2.00Parking ControlCommunity Services Officer 1.00 80 hrs./ per two wk. pay PeriodCommunitv SuoportDeputy Sheriff ll 1.00 80 hrs./ per two wk. pay PeriodDETDeoutv Sheriff ll 1,039 hoursExtra HelpCadet 30.00TOTAL * Deployment to be determined by SHERIFF in cooperation with CITY Manager Quantity % AlocationReqional TeamTitle TRAFFIG: 0-60TrafficSeroeant 4.00 6.83%Trafficil 6.83%2.OOTrafficlnvestioative Assistant 1.00 6.83o/oTrafficOffice Soecialist AUTO THEFT: 0.30 3.85%Auto TheftSeroeant 3.85%2.00Auto Theftlnvestioator 3.85%1.00Auto Theftlnvestioative Assistant 1.00 3.85%Auto TheftOffice Specialist DET: 11.00DETSeroeant 1.00 79o/o COURTS: 1 17.90TOTAL Pag€ 1 of I ATTACI{MENT G ORANGE COUNTY SHERIFF-CORONER FY 2019-20 LAW ENFORCEMENT CONTRACT CITY OF SAN JUAN CAPISTRANO .,PAYMENT' (Subsection G-2) OTHER GHARGES AND CREDITS (subsect¡on G'zì: OT}IER C}IARGES: Other Charoes include: Annual leav€ paydowns and apporl¡onmsnt of cost ol l€ave balancos paid at €nd of employmenl; prsmium pay f"r bilinsu"l .tafi, ""*"ll and educalion incentive pay; contract administration; data line charges; services and supplies; Enhanced helicopier response serv¡ces; E-Citation recußing costs for three (3) units; facility leasè; holiday pay; lntegrated Law & Justice of Orange County fees; Mobilè Data Computer (MDC) acquisition cost for one ('l ) unit, recuning cost for e¡ghteen (18) units: overtime; patrol lraining cost ailocation; Patrol V¡deo System (PVS) recuring cost for elêven (1 1) units; and transportation charges. CREDIlS: CtgdÍlfjoç!¿dg: Estimated vacancy credits; false alarm feos reimbursement for training and miscellaneous programs; and retirement rate discount for FY 2019-20. -i T¡tls Detail Cluant¡tv Cost of Service (oach) Cost of Serv¡ce Total iIANAGEMENT: Lieutenant 1_00 s 392.160 $392,160 suPERV|Sloil: Seroeant Patrol 4.00 $333,287 1 148 Seroeânl ,Adm¡nistrel¡ve 1.00 $333,287 s 333.287 ¡NVESTIGAIION SERVICES: lnveslioâlor 2.00 s 323.640 $647.280 ÞÀÎROL AND IRAFFIC SERVICES: Deoutv Sheriff ll -Patrol Patrol 15.00 $274.640 $4.119,600 Deoutv Sheriff ll -Motor Môlorcvcle )¡o $279.840 $559.680 ADOIÎIONAL SERVICES: Crime Prevention Speciáli8t 1.00 $104,314 $104.314 Communitv Services Offìcer Parkino Control 2.OO $127.268 $254,536 Deoutv Sheriff ll Communitv Suooort 1.00 s 274.640 $274,640 Deoutv Sheriff ll DET 1.00 s 274.640 $274,640 Cadet Exlrâ Helo $22.649 TOTAL POSITIONS 30.00 3 8.315.93¡l T¡tle Rooional Team Ouent¡tv o/o Allocation Cost i TRAFFIC: Serqeant Traffic 0.60 6.83%$14.866 Traffic 4.00 6.83%$81.231 I nvestioative Assistant Traffic 2.00 6.83%$19,312 Office Soecialisl Traffic '1.00 6.83%$7,140 Seroêenl Autô Theft 0.30 3.850/.$4,202 lnvestiqator Auto Theft 2.OO 3.85%s 24.141 I nv€slioative Assigtant Auto Theft 1.00 3.85%$5.031 Office Soecialist Auto Theft 1_00 3.85o/o $4.080 DET: Sêtoeent DET 1.00 12.67o/o $58,838 lnvestiqator DET 1.00 12.670/"$53.566 SUBPOENA: Off¡ce Soec¡al¡st SubDoena 1.00 6.75%s 6.525 lnvestioâtive Assistant Courls 2.00 15.'lO%$37,900 MOÎORCYCLE (lhared Suporvlslon): Sêrqeant Molôrcvle SuDervision 1.00 6.67o/o $23,350 TOTAL REG¡ONAUSI{ARED t1.eo 3 :t40,r82 Pago 1 of I