19-0605_ORANGE, COUNTY OF_Fourth Amd to Agreement1
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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
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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."
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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
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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
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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.
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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
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•
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:
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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
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