20-0501_ORANGE, COUNTY OF_Law Enforcement Agreement
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FIVE–YEAR AGREEMENT
BETWEEN THE
CITY OF SAN JUAN CAPISTRANO
AND THE
COUNTY OF ORANGE
THIS AGREEMENT, entered into this First day of May 2020, 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.”
WITNESSETH:
WHEREAS, CITY wishes to contract with COUNTY for law
enforcement services; and
WHEREAS, COUNTY is agreeable to the rendering of such services,
as authorized in Government Code Sections 51301 and 55632, on the terms and
conditions hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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A. TERM:
The term of this Agreement shall be for five (5) years, commencing
July 1, 2020 and terminating June 30, 2025, unless earlier terminated by either
party in the manner set forth herein.
B. OPTIONAL TERMINATION:
COUNTY or CITY may terminate this Agreement, without cause, upon one -
hundred and eighty (180) days written notice to the other party.
C. REGULAR SERVICES BY COUNTY:
1. COUNTY, through its Sheriff-Coroner and deputies, officers and
employees, hereinafter referred to as “SHERIFF,” shall render to CITY law
enforcement services as hereinafter provided. Suc h services shall include
the enforcement of lawful State statutes and lawful municipal ordinances of
CITY other than licensing ordinances.
2. The night, day and evening patrol and supervisory shifts will be established
by SHERIFF. Personnel of each shift may work varying and different times
and may be deployed to other shifts when, in the opinion of SHERIFF and
CITY Manager, the need arises. Any long-term shift deployment change
will be reported to the City Council.
3. Each fiscal year, COUNTY shall submit to CITY, in writing, a recommended
level of service for the following fiscal year. CITY shall remit to COUNTY, in
writing, its response to the recommended level of service. If the parties are
unable to agree by June 30 of any fiscal year on the level of serv ice to be
provided by COUNTY to CITY or on the amount to be paid by CITY for
services to be provided by COUNTY for the following fiscal year, this
Agreement will terminate as of September 30 of the following fiscal year. If
the parties do not agree by Jun e 30 on the level of service and cost of
service for the following fiscal year, between July 1 and September 30 of
the following fiscal year, COUNTY will provide the level of service provided
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C. REGULAR SERVICES BY COUNTY: (Continued)
in the preceding fiscal year, and CITY shall be obligated to pay the costs of
such services. The full cost of such services may exceed the cost of similar
services provided in the prior fiscal year.
4. The level of service, other than for licensing, to be provided by the
COUNTY for the period July 1, 2020 through June 30, 2021, is set forth in
Attachment A and incorporated herein by this reference.
5. For any service listed in Attachment A of this Agreement that is provided to
CITY at less than 100% of a full-time SHERIFF position, COUNTY retains
the option to terminate such service in the event the other city or cities
which contract(s) for the balance of the time of the employee providing the
service no longer pay(s) for such service and CITY does not request the
Agreement be amended to pay 100% of the cost of the employee providing
such service. The Maximum Obligation of CITY set forth in Subsection G -2
will be adjusted accordingly.
6. All services contracted for in this Agreement may not be operational on the
precise date specified in this Agreement. In those instances, SHERIFF
shall notify CITY Manager of the date or dates such service or services are
to be implemented. SHERIFF shall reduce the monthly charges to CITY,
based on the actual date of implementation of the service or s ervices.
Charges shall be reduced on the next monthly billing tendered in
accordance with Subsection G-5 of this Agreement.
7. During emergencies, such as a mutual aid situation, SHERIFF will attempt
to leave in CITY the Lieutenant in charge of CITY Police S ervices. If
SHERIFF determines that the Lieutenant is needed elsewhere, SHERIFF
will notify CITY’s Manager within four (4) hours. SHERIFF will return the
Lieutenant to CITY as soon as possible once the emergency situation is
under control.
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C. REGULAR SERVICES BY COUNTY: (Continued)
8. With respect to the licensing ordinances of CITY listed in Attachment B
hereto, which is incorporated herein by this reference, SHERIFF shall
receive applications for CITY licenses pursuant to said ordinances and
complete investigations relating to such applications. Said investigations
shall be forwarded to CITY Manager. COUNTY shall not provide any
advisory, administrative, hearing or litigation attorney support or services
related to licensing. COUNTY shall not provide any administrative or
investigatory services related to the licensing ordinances listed in
Attachment B, hereto, except the investigations relating to initial
applications for which this subsection provides.
9. COUNTY or CITY, upon thirty (30) days notice and mutual written
agreement, shall increase or decrease the service levels provided herein,
and the obligation of CITY to pay for services shall be concomitantly
adjusted.
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 A, when SHERIFF and CITY Manager mutually agree
that such increase or decrease in the level of service is ap propriate. Any
such amendment to the Agreement shall concomitantly increase or decrease
the cost of services payable by CITY set forth in Attachment C and
incorporated herein by this reference, and the Maximum Obligation of CITY
set forth in Subsection G-2, in accordance with the current year’s COUNTY
law enforcement cost study. SHERIFF and CITY Manager shall file 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,
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C. REGULAR SERVICES BY COUNTY: (Continued)
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 C and the
Maximum Obligation originally set forth in Subsection G-2 for FY 2020-21.
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 C and the Maximum Obligation
originally set forth in Subsection G-2 of this Agreement for FY 2020-21.
D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY:
1. Enhanced services for events on CITY property. At the request of CITY,
through its City Manager, SHERIFF may provide enhanced law enforcement
services for functions, such as community events, conducted on property
that is owned, leased or operated by CITY. SHERIFF shall determi ne
personnel and equipment needed for such enhanced services. To the
extent the services provided at such events are at a level greater than that
specified in Attachment C of this Agreement, CITY shall reimburse COUNTY
for such additional services, at an amount computed by SHERIFF, based on
the current year's COUNTY law enforcement cost study. The cost of these
enhanced services shall be in addition to the Maximum Obligation of CITY
set forth in Subsection G-2 of this Agreement. SHERIFF shall bill CITY
immediately after each such event.
2. Supplemental services for occasional events operated by private individuals
and entities on non-CITY property. At the request of CITY, through its City
Manager, and within the limitations set forth in this subsection D -2,
SHERIFF may provide supplemental law enforcement services to preserve
the peace at special events or occurrences that occur on an occasional
basis and are operated by private individuals or private
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D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued)
entities on non-CITY property.
SHERIFF shall determine personnel and equipment needed for such
supplemental services, and will provide such supplemental services only if
SHERIFF is able to do so without reducing the normal and regular ongoing
services that SHERIFF otherwise would provide to CITY pursuant to this
Agreement. Such supplemental services shall be provided only by regularly
appointed full-time peace officers, at rates of pay governed by a
Memorandum of Understanding between COUNTY and the bargaining
unit(s) representing the peace officers providing the services. Such
supplemental services shall include only law enforcement duties and shall
not include services authorized to be provided by a private patrol operator,
as defined in Section 7582.1 of the Business and Professions Code. Law
enforcement support functions, including, but not limited to, clerical
functions and forensic science services, may be performed by non -peace
officer personnel if the services do not involve patrol or keeping the peace
and are incidental to the provision of law enforcement services. CITY shall
reimburse COUNTY its full, actual costs of providing such supplemental
services at an amount computed by SHERIFF, based on the current year's
COUNTY law enforcement cost study. The cost of these supplemental
services shall be in addition to the Maximum Obligation of CITY set forth in
Subsection G-2 of this Agreement. SHERIFF shall bill CITY immediately
after each such event.
3. Supplemental services for events operated by p ublic entities on non-CITY
property. At the request of CITY, through its City Manager, and within the
limitations set forth in this subsection D-3, SHERIFF may provide
supplemental law enforcement services to preserve the peace at special
events or occurrences that occur on an occasional basis and are operated
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D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued)
by public entities on non-CITY property. SHERIFF shall determine
personnel and equipment needed for such supplemental services, and will
provide such supplemental services only if SHERIFF is able to do so
without reducing services that SHERIFF otherwise would provide to CITY
pursuant to this Agreement. CITY shall reimburse COUNTY its full, actual
costs of providing such supplemental service s at an amount computed by
SHERIFF, based on the current year's COUNTY law enforcement cost
study. The cost of these supplemental services shall be in addition to the
Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement.
SHERIFF shall bill CITY immediately after each such event.
4. Notwithstanding the foregoing, CITY, through its permit process, may utilize
the services of SHERIFF at events, for which CITY issues permits, that are
operated by private individuals or entities or public entit ies. SHERIFF shall
determine personnel and equipment needed for said events. If said events
are in addition to the level of services listed in Attachment C of this
Agreement, CITY shall reimburse COUNTY for such additional services at
an amount computed by SHERIFF, based upon the current year’s COUNTY
law enforcement cost study. The cost of these services shall be in addition
to the Maximum Obligation of CITY set forth in Subsection G -2 of this
Agreement. SHERIFF shall bill CITY immediately after said services are
rendered.
5. In accordance with Government Code 51350, COUNTY has adopted Board
Resolution 89-1160 which identifies Countywide services, including but not
limited to helicopter response. SHERIFF through this contract provides
enhanced helicopter response services. The cost of enhanced helicopter
response services is included in the cost of services set forth in Attachment
A and in the Maximum Obligation of CITY set forth in Subsection G-2.
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D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued)
COUNTY shall not charge any additional amounts for enhanced helicopter
services after the cost of services set forth in Attachment A and in the
Maximum Obligation set forth in Subsection G -2 has been established in
any fiscal year without written notification to the CITY.
E. PATROL VIDEO SYSTEMS:
1. As part of the law enforcement services provided to CITY, COUNTY has
provided, or will provide patrol video systems (hereinafter called “PVS”) that
will be mounted in the patrol vehicles designated by COUNTY f or use within
CITY service area.
2. SHERIFF has the exclusive right to use said PVS for law enforcement
services related to this Agreement.
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
replacement/upgrade of PVS, are included in the costs set forth in
Attachment C 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 replacement/upgrade
of said PVS during the period July 1, 20 20 through June 30, 2021.
4. If, following the initial acquisition of PVS referenced above, CITY requires
PVS for additional patrol cars designated for use in the CITY service area,
COUNTY will purchase said additional PVS. Upon demand by COUNTY,
CITY will pay to COUNTY a) the full costs of acquisition and installation of
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E. PATROL VIDEO SYSTEMS: (Continued)
said additional PVS, and b) the full recurring costs for said PVS, 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. Said costs related to
additional PVS are not included in, and are in addition to, the costs set forth
in Attachment A and the Maximum Obligation of CITY set forth in Subsection
G-2 of this Agreement.
5. County will replace and/or upgrade PVS as needed. The costs of
replacing/upgrade PVS 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 PVS after the cost of PVS set forth in Attachment C and in
Maximum Obligation set forth in G-2 has been established in any fiscal year
without written notification to the CITY.
F. LICENSING SERVICES BY CITY:
Upon receipt from SHERIFF of investigations of applications for licenses
referred to in Subsection C-8 of this Agreement, CITY Manager shall determine
whether to grant or deny the licenses and will issue the licenses or notify the
applicants of denial. CITY shall provide all attorney services related to the
granting, denial, revocation and administration of said licenses and the
enforcement of CITY ordinances pertaining to said licenses.
G. PAYMENT:
1. Pursuant to Government Code Section 51350, CITY agrees to pay to
COUNTY the full costs of performing the services mutually agreed upon in
this Agreement. The cost of services includes salaries, wages, benefits,
mileage, services, supplies, equipment, and divisional, departmental and
COUNTY General overhead.
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G. PAYMENT: (Continued)
2. Unless the level of service as set forth in Attachment C, is increased or
decreased by mutual agreement of the parties, or CITY is required to pay
for increases as set forth in Subsection G-3, the Maximum Obligation of
CITY for services set forth in Attachment C of this Agreement, other than
Licensing Services, to be provided by the COUNTY for the period July 1,
2020 through June 30, 2021 shall be $10,816,378, as set forth in
Attachment A. The overtime costs included in the Agreement are only an
estimate. COUNTY shall notify CITY of actual overtime worked during
each fiscal year. If 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.
3a. At the time this Agreement is executed, there may be 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
2020-21 cost set forth in Attachment C nor in the FY 2020-21 Maximum
Obligation of CITY set forth in Subsection G-2 of this Agreement. If 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 to the extent such increases are attributable to work performed by
such personnel during the period July 1, 2020 through June 30, 2021, 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, 2020 and June 30,
2021 remaining after COUNTY notifies CITY that increases are payable.
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G. PAYMENT: (Continued)
If 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, 2020 through June 30, 2021, 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, 20 20 and June 30,
2021 remaining after COUNTY notifies CITY that the Maximum Obligation
has decreased.
3b. If CITY is required to pay for increases as set forth in Subsection G-3a
above, COUNTY, at the request of CITY, will thereafter reduce the level of
service to be provided to CITY as set forth in Attachment C of this
Agreement to a level that will make the Maximum Obligation of CITY
hereunder for the period July 1, 2020 through June 30, 2021 an amount
specified by CITY that is equivalent to or higher than the Maxi mum
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 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.
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G. PAYMENT: (Continued)
4. The Maximum Obligation of CITY for services provided for the 12 -month
periods commencing July 1, 2021, 2022, 2023 and 2024, will be determined
annually by COUNTY and approved by CITY.
5. COUNTY shall invoice CITY monthly, one-twelfth (1/12) of the Maximum
Obligation of CITY. If a determination is made that increases described in
Subsection G-2 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, 20 20 and June 30, 2021.
6. CITY shall pay COUNTY in accordance with COUNTY Board of
Supervisors’ approved County Billing Policy, which is attached hereto as
Attachment D, and incorporated herein by this reference.
7. COUNTY shall charge CITY late payment penalties in accordance with
County Billing Policy.
8. As payment for the Licensing Services described in Subsection C -8 of this
Agreement, COUNTY shall retain all fees paid by applicants for licenses,
pursuant to CITY ordinances listed in Attachment B hereto. Retention of
said fees by COUNTY shall constitute payment in full to COUNTY for costs
incurred by COUNTY in performing the functions related to licensing
described in Subsection C-8; provided, however, that if any of said fees are
waived or reduced by CITY, CITY shall pay to COUNTY the difference
between the amount of fees retained by COUNTY and the fees that were
set forth in the ordinances listed in Attachment B as of July 1, 2020. Should
CITY increase the fee schedule for the licensing ordinances set forth in
Attachment B, either party shall have the right to seek amendment of this
Agreement with respect to the division of the increased fees between CITY
and COUNTY.
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G. PAYMENT: (Continued)
9. Fees generated or collected by SHERIFF contract personnel for copying of
documents related to the services provided in this Agreement will be at
COUNTY-established rates and will be credited to CITY on an annual basis.
10. Narcotic asset forfeitures will be handled pursuant to Attachment E hereto,
which is incorporated herein by this reference.
H. NOTICES:
1. Except for the notices provided for in Subsection 2 of this Section, all
notices authorized or required by this Agreemen t shall be effective when
written and deposited in the United States mail, first class postage prepaid
and addressed as follows:
CITY: ATTN: CITY MANAGER
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
COUNTY: ATTN: CONTRACT MANAGER
SHERIFF-CORONER DEPARTMENT
320 NORTH FLOWER STREET, SUITE 108
SANTA ANA, CA 92703
2. Termination notices shall be effective when written and deposited in the
United States mail, certified, return receipt requested and addressed as
above.
I. STATUS OF COUNTY:
COUNTY is, and shall at all times be deemed to be, an independent contractor.
Nothing herein contained shall be construed as creating the relationship of
employer and employee, or principal and agent, between CITY and COUNTY
or any of COUNTY’s agents or employees. COUNTY and its SHERIFF shall
retain all authority for rendition of services, standards of performance, control
of personnel, and other matters incident to the performance of services by
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I. STATUS OF COUNTY: (Continued)
COUNTY pursuant to this Agreement. COUNTY, its agents and employees,
shall not be entitled to any rights or privileges of CITY employees and shall not
be considered in any manner to be CITY employees.
J. STATE AUDIT:
Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be
subject to examination and audit by the State Auditor for a period of three (3)
years after final payment by CITY to COUNTY under this Agreement. CITY
and COUNTY shall retain all records relating to the performance of this
Agreement for said three-year period, except that records pertaining to any
audit then in progress, or any claim or litigation shall be retained beyond said
three-year period until final resolution of said audit, claim or litigation.
K. ALTERATION OF TERMS:
This Agreement fully expresses all understanding of CITY and COUNTY with
respect to the subject matter of this Agreement, and shall constitute the total
Agreement between the parties for these purposes. No addition to, or
alteration of, the terms of this Agreement shall be valid unless made in writing,
formally approved and executed by duly authorized agents of both parties.
L. INDEMNIFICATION:
1. COUNTY, its officers, agents, employees, subcontractors and independent
contractors shall not be deemed to have assumed any liability f or the
negligence or any other act or omission of CITY or any of its officers, agents,
employees, subcontractors or independent contractors, or for any dangerous
or defective condition of any public street or work or property of CITY, or for
any illegality or unconstitutionality of CITY’s municipal ordinances. CITY
shall indemnify and hold harmless COUNTY and its elected and appointed
officials, officers, agents, employees, subcontractors and independent
contractors from any claim, demand or liability what soever based or asserted
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L. INDEMNIFICATION: (Continued)
upon the condition of any public street or work property of CITY, or upon the
illegality or unconstitutionality of any municipal ordinance of CITY that
SHERIFF has enforced, or upon any act or omiss ion of CITY, or its elected
and appointed officials, officers, agents, employees, subcontractors or
independent contractors related to this Agreement, including, but not limited
to, any act or omission related to the maintenance or condition of any vehicle
or motorcycle that is owned or possessed by CITY and used by COUNTY
personnel in the performance of this Agreement, for property damage, bodily
injury or death or any other element of damage of any kind or nature, and
CITY shall defend, at its expense including attorney fees, and with counsel
approved in writing by COUNTY, COUNTY and its elected and appointed
officials, officers, agents, employees, subcontractors and independent
contractors in any legal action or claim of any kind based or asserted upon
such condition of public street or work or property, or illegality or
unconstitutionality of a municipal ordinance, or alleged acts or omissions. If
judgment is entered against CITY and COUNTY by a court of competent
jurisdiction because of the concurrent a ctive negligence of either party, CITY
and COUNTY agree that liability will be apportioned as determined by the
court. Neither party shall request a jury apportionment.
2. COUNTY shall indemnify and hold harmless CITY and its elected and
appointed officials, officers, agents, employees, subcontractors and
independent contractors from any claim, demand or liability whatsoever
based or asserted upon any act or omission of COUNTY or its elected and
appointed officials, officers, agents, employees, subcontractors or
independent contractors related to this Agreement, for property damage,
bodily injury or death or any other element of damage of any kind or nature,
and COUNTY shall defend, at its expense, including attorney fees, and with
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L. INDEMNIFICATION: (Continued)
counsel approved in writing by CITY, CITY and its elected and appointed
officials, officers, agents, employees, subcontractors and independent
contractors in any legal action or claim of any kind based or asserted upon
such alleged acts or omissions.
M. TRAFFIC VIOLATOR APPREHENSION PROGRAM:
1. 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 area s 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 TVAP resolution
that is attached to this Agreement as Attachment F 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 TVAP resolutio n
that is attached to this Agreement as Attachment F. In the event CITY 1)
amends said TVAP resolution, or rescinds said TVAP resolution and adopts
a new TVAP resolution pertaining to the above -referenced fee and the
Program, and 2) remains a participant in the Program thereafter, CITY’s
Manager, on behalf of CITY, and SHERIFF, on behalf of COUNTY, have
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M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
authority to execute an amendment to this Agreement to substitute CITY’s
amended or new TVAP resolution for Attachment F to the Agreement, as
long as said amendment to this Agreement does not materially change any
other provision of this Agreement.
2. COUNTY will make available for review, at the request of CITY, all financial
data related to the Program as may be requested by CITY.
3. Fee revenue generated by COUNTY and participating cities will be used to
fund the following positions, which will be assigned to the Program:
Ten one hundredths of one (0.10) Sergeant
(8 hours per two-week pay period)
One (1) Staff Specialist
(80 hours per two-week pay period)
One (1) Office Specialist
(80 hours per two-week pay period)
4. Fee revenue generated by CITY may be used to reimburse CITY for
expenditures for equipment and/or supplies directly in support of the
Program. In order for an expenditure for equipment and/or supplies to be
eligible for reimbursement, CITY shall submit a request for and obtain pre -
approval of the expenditure by using the form as shown in Attachment G.
The request shall be submitted within the budget schedule established by
SHERIFF. SHERIFF shall approve the expenditure only if both of the
following conditions are satisfied: 1) there are sufficient Program funds,
attributable to revenue generated by CITY’s fee, to pay for the requested
purchase, and 2) CITY will use the equipment and/or supplies, during their
entire useful life, only for purposes authorized by its TVAP resolution in
effect at the time of purchase.
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M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
In the event that CITY terminates its participation in the Program, CITY
agrees that the equipment purchased by CITY and reimbursed by Program
funds will continue to be used, during the remainder of its useful life,
exclusively for the purposes authorized by CITY’s TVAP resolution in effect
at the time of purchase.
In the event the fees adopted by COUNTY, CITY and other participating
jurisdictions are not adequate to continue operation of the Program at the
level at which it operated previously, COUNTY, at the option of CITY, will
reduce the level of Program service to be provided to CITY or will continue
to provide the existing level of Program services. COUNTY will charge CITY
the cost of any Program operations that exceed the revenue generated by
fees. Such charges shall be in addition to the Maximum Obligation of CITY
set forth in Subsection G-2 of this Agreement. The amount of any revenue
shortfall charged to CITY will be determined, at the time the revenue
shortfall is experienced, according to CITY’s share of Program service s
rendered. In the event of a reduction in level of Program service,
termination of Program service or adjustment of costs, the parties shall
execute an amendment to the Agreement so providing. Decisions about
how to reduce the level of Program service p rovided to CITY shall be made
by SHERIFF with the approval of CITY.
N. MOBILE DATA COMPUTERS:
1. As part of the law enforcement services to be provided to CITY, COUNTY
has provided, or will provide, mobile data computers (hereinafter called
“MDCs”) that are or will be mounted in patrol vehicles and motorcycles,
designated by COUNTY for use within CITY limits.
2. SHERIFF has the exclusive right to use said MDCs for law enforcement
services related to this Agreement.
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N. MOBILE DATA COMPUTERS: (Continued)
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 replacement/upgrade of MDCs, are included in the cos ts set forth in
Attachment A 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
replacement/upgrade of said MDCs during the period July 1, 2020 through
June 30, 2021.
4. If, following the initial acquisition of MDCs referenced above, CITY requires
MDCs for additional patrol cars or motorcycles designated for use in the
CITY, or for CITY’s Emergency Operations Center, 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
MDC’s, 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
Attachment A and the Maximum Obligation of CITY set forth in Subsection
G-2 of this Agreement.
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N. MOBILE DATA COMPUTERS: (Continued)
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.
O. E-CITATION UNITS:
1. As part of the law enforcement services to be provided to CITY, COUNTY
has provided, or will provide, E-Citation units designated by COUNTY for
use within CITY limits.
2. SHERIFF has the exclusive right to use said E-Citation units for law
enforcement services related to this Agreement.
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.
The costs to be paid by CITY for recurring costs, including maintenance
and replacement/upgrade of E-Citation units, are included in the costs set
forth in Attachment A 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
replacement/upgrade of said E-Citation units during the period July 1, 2020
through June 30, 2021.
4. If, following the initial acquisition of E-Citation units referenced above, CITY
requires additional E-Citation units designated for use in CITY, COUNTY
will purchase said additional E-Citation units. Upon demand by COUNTY,
CITY will pay to COUNTY a) the full costs of acquisition of said additional
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O. E-CITATION UNITS: (Continued)
E-Citation units, and b) the full recurring costs for said E -Citation units, 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. Said costs
related to additional E-Citation units are not included in, and are in addition
to, the costs set forth in Attachment A and the Maximum Obligation of CITY
set forth in Subsection G-2 of this Agreement.
5. COUNTY will replace and/or upgrade E-Citation units as needed. The costs
of replacing/upgrading E-Citation units shall be paid by COUNTY from the
replacement/upgrade funds to be paid by CITY in accordan ce with the
foregoing. CITY shall not be charged any additional charge to replace or
upgrade E-Citation units.
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ATTACHMENT A
LEVEL OF SERVICE PROVIDED BY SHERIFF:
Title Detail Quantity Frequency
MANAGEMENT:
Lieutenant 1.00
SUPERVISION:
Sergeant Patrol 4.00 each, 80 hrs./ per two wk. pay period
Sergeant Administrative 1.00 80 hrs./ per two wk. pay period
INVESTIGATION SERVICES:
Investigator 2.00 each, 80 hrs./ per two wk. pay period
PATROL AND TRAFFIC SERVICES*:
Deputy Sheriff II -Patrol Patrol 15.00 each, 80 hrs./ per two wk. pay period
Deputy Sheriff II -Motor Motorcycle 2.00 each, 80 hrs./ per two wk. pay period
ADDITIONAL SERVICES*:
Crime Prevention Specialist Crime Prevention 1.00 80 hrs./ per two wk. pay period
Community Services Officer Parking Control 2.00 each, 80 hrs./ per two wk. pay period
Deputy Sheriff II Community Support 1.00 80 hrs./ per two wk. pay period
Deputy Sheriff II DET 1.00 80 hrs./ per two wk. pay period
Cadet Extra Help 1,039 hours
TOTAL 30.00
* Deployment to be determined by SHERIFF in cooperation with CITY Manager
REGIONAL / SHARED STAFF:
Title Regional Team Quantity % Allocation
TRAFFIC:
Sergeant Traffic 0.60 6.94%
Deputy Sheriff II Traffic 4.00 6.94%
Investigative Assistant Traffic 2.00 6.94%
Office Specialist Traffic 1.00 6.94%
AUTO THEFT:
Sergeant Auto Theft 0.30 5.46%
Investigator Auto Theft 2.00 5.46%
Investigative Assistant Auto Theft 1.00 5.46%
Office Specialist Auto Theft 1.00 5.46%
DET:
Sergeant DET 1.00 5.87%
Investigator DET 1.00 5.87%
SUBPOENA:
Office Specialist Subpoena 1.00 6.75%
COURTS:
Investigative Assistant Courts 2.00 16.07%
Office Specialist Courts 0.80 16.07%
MOTORCYCLE (shared Supervision):
Sergeant Motorcyle Supervision 1.00 7.14%
TOTAL 18.70
"REGULAR SERVICES BY COUNTY"
(Subsection C-4)
CITY OF SAN JUAN CAPISTRANO
ORANGE COUNTY SHERIFF-CORONER
FY 2020-21 LAW ENFORCEMENT CONTRACT
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ATTACHMENT B
CITY OF SAN JUAN CAPISTRANO
ORDINANCE NO. 785 (5-24.01 MC)
ORDINANCE NO. 417 (5-18.02 MC)
ORDINANCE NO.869 ( 9-3.503 MC)
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
POOL ROOM
PUBLIC DANCE
RAP SESSION (NUDE)
SECONDHAND DEALER (Pawnbroker)
TAXICAB STAND
ATTACHMENT C
COST OF SERVICES PROVIDED BY SHERIFF (Subsection G-2):
Title Detail Quantity
Cost of Service
(each)
Cost of Service
Total
MANAGEMENT:
Lieutenant 1.00 411,853$ 411,853$
SUPERVISION:
Sergeant Patrol 4.00 344,949$ 1,379,796$
Sergeant Administrative 1.00 344,949$ 344,949$
INVESTIGATION SERVICES:
Investigator 2.00 338,270$ 676,540$
PATROL AND TRAFFIC SERVICES:
Deputy Sheriff II -Patrol Patrol 15.00 284,298$ 4,264,470$
Deputy Sheriff II -Motor Motorcycle 2.00 289,384$ 578,768$
ADDITIONAL SERVICES:
Crime Prevention Specialist 1.00 109,792$ 109,792$
Community Services Officer Parking Control 2.00 132,511$ 265,022$
Deputy Sheriff II Community Support 1.00 284,298$ 284,298$
Deputy Sheriff II DET 1.00 284,298$ 284,298$
Cadet Extra Help 30,786$
TOTAL POSITIONS 30.00 8,630,572$
REGIONAL / SHARED STAFF:
Title Regional Team Quantity % Allocation Cost $
TRAFFIC:
Sergeant Traffic 0.60 6.94%18,128$
Deputy Sheriff II Traffic 4.00 6.94%94,478$
Investigative Assistant Traffic 2.00 6.94%19,337$
Office Specialist Traffic 1.00 6.94%7,672$
AUTO THEFT:
Sergeant Auto Theft 0.30 5.46%7,121$
Investigator Auto Theft 2.00 5.46%36,941$
Investigative Assistant Auto Theft 1.00 5.46%7,597$
Office Specialist Auto Theft 1.00 5.46%5,946$
DET:
Sergeant DET 1.00 5.87%23,278$
Investigator DET 1.00 5.87%24,065$
SUBPOENA:
Office Specialist Subpoena 1.00 6.75%6,720$
COURTS:
Investigative Assistant Courts 2.00 16.07%44,009$
Office Specialist Courts 0.80 16.07%12,996$
MOTORCYCLE (shared Supervision):
Sergeant Motorcyle Supervision 1.00 7.14%24,970$
TOTAL REGIONAL/SHARED 18.70 333,258$
OTHER CHARGES AND CREDITS (Subsection G-2):
OTHER CHARGES:
CREDITS:
TOTAL OTHER CHARGES AND CREDITS 1,852,548$
TOTAL COST OF SERVICES (Subsection G-2)10,816,378$
ORANGE COUNTY SHERIFF-CORONER
FY 2020-21 LAW ENFORCEMENT CONTRACT
CITY OF SAN JUAN CAPISTRANO
"PAYMENT"
(Subsection G-2)
Credits include: AB109 (2011 Public Safety Realingment); estimated vacancy credits; false alarm fees reimbursement for training and
miscellaneous programs; and retirement rate discount for FY 2020-21.
Other Charges include: Annual leave paydowns and apportionment of cost of leave balances paid at end of employment; premium pay
for bilingual staff, on-call pay and education incentive pay; contract administration; data line charges; E-Citation recurring costs for three
(3) units; Enhanced helicopter response services; facility lease; holiday pay; Integrated Law & Justice of Orange County fees; Mobile
Data Computer (MDC) recurring cost for eighteen (18) units; overtime; patrol training cost allocation; Patrol Video System (PVS)
recurring cost for eleven (11) units; services and supplies; and transportation charges.
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ATTACHMENT D
COUNTY BILLING POLICY
APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992
I. POLICY
All County agencies/departments/districts (County) governed by the Board of Supervisors
shall bill contracting entities for materials 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 pre-judgment interest, of the contracting
party for services or materials in as much as this is a policy to enact standard billing
practices.
II. 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.
III. FIXED PRICE CONTRACTS
A. Fixed Price (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a
one-time, non-recurring provision of materials and/or services shall be issued no later
than five (5) working days after delivery by the County of the materials and/or services.
Examples of such one-time, non-recurring provision of materials 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 materials and/or services shall be issued according to the
following frequency:
1. Annual Billings that total $10,000 or less per 12-month period shall be billed via one
(1) annual invoice. Annual invoices will be issued for each 12-month period of the
contract, or portions thereof. Invoices shall be issued no later than five working days
after the beginning of each 12-month period. Payment due date shall be invoice date
plus 30 days.
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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 ser vice
month.
An example of a fixed price contract for ongoing, recurring provision of materials 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 materials and/or services shall be issued after
delivery by the County of the materials 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.
B. Actual Cost (Ongoing/Recurring Contracts) - Invoices that represent a billing for an
ongoing, recurring provision of materials and/or services shall be issued on a monthly
basis and shall represent the cost of materials 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 materials 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.)
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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 payer’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
moneys 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.
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IX. DEFERRED REVENUE
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 materials 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.
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5/7/2020 Rev.
ATTACHMENT E
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.
CONTRACTED PATROL AND INVESTIGATION OFFICERS
When assets (cash or property) are seized in CITY by contracted patrol or investigation
personnel, and subsequently forfeited to COUNTY’s Sheriff Department, hereinafter referred
to as “SHERIFF”, the forfeited assets shall be shared with CITY as set forth below, for the
purpose of augmenting law enforcement services in CITY, subject to guidelines by the forfeiting
agency of such sharing and use of forfeited assets. A portion of forfeited assets may be
retained by SHERIFF, to pay for departmental expenses not recovered through law
enforcement contracts.
In such cases, pursuant to the forfeiting agency’s guidelines, SHERIFF shall apply to the
forfeiting agency for the return of a share of assets. In his application, SHERIFF shall specify
the percentage of shared assets returned to SHERIFF 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 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 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 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.
Assets (cash or property) that are returned to SHERIFF by the forfeiting agency with the
understanding that they will be used to augment CITY law enforcement services shall be used
by CITY and SHERIFF only for such purposes. If the forfeiting agency attaches additional or
more specific conditions to the use of said assets, CITY and SHERIFF 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.
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ATTACHMENT F
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 for the 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 Capjstrano 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.
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 18thday of July, 2000, by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members Bathgate, Greiner, llart, Swerdlin
and Mayor T Campbell
None
None
None
(SEAL)
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OlLEAWeeM: AYOR
OCSD
BUDGET
USE ONLY R E Q U E S T CERTIFICATION A P P R O V A L S ORANGE COUNTY SHERIFF-CORONER
TRAFFIC VIOLATOR APPREHENSION PROGRAM
CONTRACT CITY
Participating City Request to Purchase From the TVA in FY Date
APPLICABILTY
QUANTITY ITEM DESCRIPTION TO TVA PROGRAM ESTIMATED COST
THE CITY CERTIFIES THAT THE EQUIPMENT PURCHASED BY CITY AND TO BE REIMBURSED BY PROGRAM FUNDS
WILL BE USED FOR ITS ENTIRE USEFUL LIFE EXCLUSIVELY FOR THE PURPOSES OF THE TRAFFIC VIOLATOR
APPREHENSION PROGRAM
CITY MANAGER REQUEST:
Printed Name
Signature: DATE
Recommended For Approval
CITY POLICE SERVICES CHIEF MANAGER – TVA PROGRAM
ORANGE COUNTY SHERIFF-CORONER DEPARTMENT ATTACHMENT G