00-0501_ORANGE, COUNTY OF_Agreement (2)1 AGREEMENT
2 BETWEEN THE
3 CITY OF SAN JUAN CAPISTRANO
4 AND THE
5 COUNTY OF ORANGE
6
7 THIS AGREEMENT, entered into this First day of May 2000, which date i
6 enumerated for purposes of reference only, by and between the CITY OF SAN JUAI
s CAPISTRANO, hereinafter referred to as "CITY" and the COUNTY OF ORANGE, ,
10 political subdivision of the State of California, hereinafter referred to as "COUNTY."
11 WITNESSETH:
12 WHEREAS, CITY wishes to contract with COUNTY for law enforcemer
13 services; and
14 WHEREAS, COUNTY is agreeable to the rendering of such services, a
15 authorized in Government Code Sections 51301 and 55632, on the terms an
16 conditions hereinafter set forth.
17 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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TABLE OF CONTENTS
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SECTION
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A.
Term
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B.
Optional Termination
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C.
Regular Services by COUNTY
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D.
Special Services by COUNTY
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E.
Patrol Video Systems
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F.
Licensing Services by CITY
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G.
Payment
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H.
Notices
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I.
Status of COUNTY
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J.
State Audit
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K.
Alteration of Terms
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L.
Indemnification
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Signature Page
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/!
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A. TERM:
The term of this Agreement shall be for (5) years, commencing July 1, 2000
terminating June 30, 2005, unless earlier terminated by either party in
manner set forth herein.
B. OPTIONAL TERMINATION:
COUNTY or CITY may terminate this Agreement, without cause, upon
hundred and eighty (180) days written notice to the other party.
C. REGULAR SERVICES BY COUNTY:
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1. COUNTY, through its Sheriff -Coroner and deputies, officers and
hereinafter referred to as "SHERIFF," shall render to CITY law enforce
services as hereinafter provided. Such services shall include
enforcement of lawful State statutes and lawful municipal ordinances of C
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 anc
CITY Manager, the need arises. Any long-term shift deployment change wil
be reported to the City Council.
3. Each fiscal year, COUNTY shall submit to CITY, in writing, a recommendec
level of service for the following fiscal year. CITY shall remit to COUNTY, it
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 service to be
provided by COUNTY to CITY or on the amount to be paid by CITY foi
services to be provided by COUNTY for the following fiscal year, this
Agreement will terminate as of September 30 of the following fiscal year. I -
the parties do not agree by June 30 on the level of service and cost of service
for the following fiscal year, between July 1 and September 30 of the
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I REGULAR SERVICES BY COUNTY (Continued)
2 following fiscal year, COUNTY will provide the same level of service
3 CITY shall be obligated to pay the costs of such services.
4 4. The level of service, other than for licensing, to be provided by the COU
5 for the period July 1, 2000 through June 30, 2001, shall be as follows:
6 Supervision:
7 e One (1) Lieutenant (40 hours per week)
8 e Two and 50 percent (2.5) Sergeants
s (40 hours per week per each Sergeant)
10 Investigation Services:
» e Two (2) Investigators (each 80 hours per two-week pay period)
12 Patrol/Traffic Services:
13 a Fourteen (14) designated one-deputy units
14 (40 hours per week, per unit)
15 a Three (3) designated motorcycle units
16 (40 hours per week, per unit)
17 Deployment to be determined by SHERIFF in cooperation with CITY
18 Manager.
19 Community Support Unit:
20 a Three (3) Deputy Sheriff II's (each 40 hours per week)
21 Parking Control:
22 a Two (2) Community Services Officers (each 40 hours per week)
23 South County Regional Support Services:
24 e 7 percent of one (1) Sergeant — Traffic
25 e 6 percent of one (1) Investigator
26 e 7 percent of three (3) Deputy Sheriff II's - Traffic
27 e 7 percent of one (1) Investigative Assistant— Traffic
28 a 10 percent of two (2) Investigative Assistants - Investigation
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1 REGULAR SERVICES BY COUNTY (Continued)
2 • 7 percent of one (1) Office Specialist - Traffic
3 • 11 percent of two (2) Office Technicians
4 5. For any service listed in Subsection C-4 of this Agreement that is provided tc
5 CITY at less than 100% of a full-time SHERIFF position, COUNTY retains the
6 option to terminate such service in the event other city or cities which contract
7 for the balance of said employee's time no longer pays for such service and
8 CITY does not request the Agreement be amended to pay 100% of the cost
s of the employee providing such service. The Maximum Obligation of CITY
10 set forth in Subsection G-3 will be adjusted accordingly.
11 6. All services contracted for in this Agreement may not be operational on the
12 precise date specified in this Agreement. In those instances, SHERIFF shall
13 notify CITY Manager of the date or dates such service or services are to be
14 implemented. COUNTY shall reduce the monthly charges to CITY, based on
15 the actual date of implementation of the service or services. Charges shall
16 be reduced on the next monthly billing tendered in accordance with
17 Subsection G-6 of this Agreement.
18 7. During emergencies, such as a mutual aid situation, SHERIFF will attempt tc
19 leave in CITY the Lieutenant in charge of CITY Police Services. If SHERIFF
20 determines that the Lieutenant is needed elsewhere, SHERIFF will notify
21 CITY's Manager within four (4) hours. SHERIFF will return the Lieutenant tc
22 CITY as soon as possible once the emergency situation is under control.
23 8. With respect to the licensing ordinances of CITY listed in Attachment A.
24 which is attached hereto and incorporated herein by this reference, SHERIFF
25 shall receive applications for CITY licenses pursuant to said ordinances anc
26 complete investigations relating to such applications. Said investigation:
27 shall be forwarded to CITY Manager. COUNTY shall not provide any
28 advisory, administrative, hearing or litigation attorney support or services
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REGULAR SERVICES BY COUNTY (Continued)
related to licensing. COUNTY shall not provide any administrative o
investigatory services related to the licensing ordinances listed in Attachment
A, hereto, except the investigations relating to initial applications for whicl
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.
SPECIAL SERVICES BY COUNTY:
1. Security Services for Non -City Organization Functions
At the request of CITY, SHERIFF may provide security services for non -CITY
organization functions, such as community events conducted on CITY
owned, leased or operated property. SHERIFF shall determine personnel
and equipment needed for such special events and shall provide an initial
estimate of personnel and equipment costs to CITY. If such events are in
addition to the level -of -service listed in Section C-4 of this Agreement, CITY
shall reimburse COUNTY for such services at an amount computed by
SHERIFF, based on the current year's Auditor -Controller's law enforcement
cost study. The cost of these services shall be in addition to the Maximurr
Obligation of CITY, set forth in Subsection G-3 of this Agreement. SHERIFF
shall bill CITY immediately after said event is terminated.
2. Enhanced Law Enforcement Services
At the request of CITY, SHERIFF, in his sole discretion, may provide
enhanced law enforcement services within CITY. If SHERIFF determines it is
appropriate to provide the requested enhanced service and there is sufficien
staffing available, the type, time and place of said services shall be agrees
upon by SHERIFF and CITY Manager. SHERIFF shall determine personne
and equipment needed for such service. If such service is in addition to or
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SPECIAL SERVICES BY COUNTY (Continued)
greater than the level of service listed in Section C of this Agreement, C
shall reimburse COUNTY for such service at an amount computed
SHERIFF, based on the current year's Auditor -Controller's law enforcerr
cost study. The cost of such service shall be in addition to the Maximum
Obligation of CITY as set forth in Section G-3 of this Agreement. COUNT
shall bill CITY immediately after the service is completed.
I E. PATROL VIDEO SYSTEMS:
IF
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As part of the law enforcement services provided to CITY, CITY has paid for, a
COUNTY has provided, patrol video systems mounted in the patrol vehic
designated by COUNTY for use within CITY limits. SHERIFF has the exclus
right to use said video systems for law enforcement services related to tl
Agreement.
If CITY requires patrol video systems for additional patrol cars designated for u
in CITY, COUNTY will purchase said patrol video systems. CITY will r
COUNTY the cost of the new patrol video systems upon demand. The cost
patrol video systems for additional patrol cars is not included in and is in addit
to the Maximum Obligation of CITY set forth in Subsection G-3.
COUNTY will replace existing patrol video systems as needed. The costs
replacing existing patrol video systems are included in the cost of services
forth in Section G-2 and in the Maximum Obligation of CITY set forth in Sec
G-3.
LICENSING SERVICES BY CITY:
Upon receipt from COUNTY of investigations of applications for licenses referr
to in Subsection C-8 of this Agreement, CITY Manager shall determine whett
to grant or deny the licenses and will issue the licenses or notify the applicants
denial. CITY shall provide all attorney services related to the granting, denial,
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SPECIAL SERVICES BY COUNTY (Continued)
revocation and administration of said licenses and the enforcement of CITY
ordinances pertaining to said licenses.
PAYMENT:
1. Pursuant to Government Code Section 51350, CITY agrees to pay to
COUNTY the costs of performing the services mutually agreed upon in thi�
Agreement. The cost of services includes salaries, wages, benefits, mileage,
services, supplies, equipment, and divisional, departmental and COUNTY
General overhead.
2. Unless the level of service described in Section C-4 is increased or
decreased, or CITY is required to pay for increases as set forth in Section G-
4, the cost of services described in Section C-4 of this Agreement, other than
Licensing Services, to be provided by the COUNTY for the period July 1,
2000 through June 30, 2001, shall be as follows:
SERVICE COST OF SERVICE
Supervision:
• One (1) Lieutenant
@ $161,350/each $ 161,350
• Two and 50 percent (2.5) Sergeants
@ $152,812/each $ 382,030
Investigation Services:
• Two (2) Investigators
@ $145,800/each $ 291,600
Patrol/Traffic Services:
• Fourteen (14) One -Deputy Units
@ $134,799/unit $ 1,887,186
• Three (3) Motorcycle Units
• @ $128,299/unit $ 384,897
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PAYMENT (Continued)
SERVICE COST OF SERVICE
Community Support Unit:
• Three (3) Deputy Sheriff II's
@ $127,019/each
$
381,057
Parking Control:
• Two (2) Community Services Officers
@ $65,472/each
$
130,944
South County Regional Support:
• 7% of one (1) Sergeant — Traffic
@ $150,443/each
$
10,531
• 6% of one (1) Investigator
@ $124,801 /each
$
7,488
7% of three (3) Deputy Sheriff II's - Traffic
@ $123,752/each
$
25,989
• 7% of one (1) Investigative Assistant - Traffic
@ $56,636/each
$
3,965
• 10% of two (2) Investigative Assistants — Investigation
@ $56,636/each
$
11,328
• 7% of one (1) Office Specialist - Traffic
@ $47,572/each
$
3,330
• 11 % of two (2) Office Technicians
@ $41,504/each
$
9,132
Other Charges and Credits:
$
146,621
Charges: Contract Management; premium pay for
bilingual staff; vacation, on-call and holiday pay;
mileage interest, and camera replacement.
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PAYMENT (Continued)
Credits: False alarm fees; reimbursement for
training and miscellaneous programs.
TOTAL COST OF SERVICES 3.837.448
3. Unless the level of service described in Section C-4 is increased
decreased, or CITY is required to pay for increases as set forth in Subsec
G-4, the Maximum Obligation of CITY for services, other than Licen
Services that are referenced in Section C-4 of this Agreement and rend(
by COUNTY between July 1, 2000 and June 30, 2001, is $3,837,448.
4. a. At the time this Agreement is executed, there are unresolved isE
pertaining to potential increases in salaries and benefits for COUNTY
enforcement management and professional staff. The costs of SL
potential increases are not included in the Maximum Obligation of Cl'
set forth in Subsection G-3 of this Agreement. If COUNTY incurs
becomes obligated to pay for any such increases for or on account
personnel whose costs are included in the calculations of costs charged
CITY hereunder, CITY shall pay COUNTY, in addition to the Maxim(
Obligation set forth in Subsection G-3 of this Agreement, the full costs
said increases to the extent such increases are attributable to we
performed by such personnel during the term of this Agreement, a
CITY's Maximum Obligation hereunder shall be deemed to ha
increased accordingly. CITY shall pay COUNTY in full for such increas
on a pro -rata basis over the portion of the period between July 1, 20
and June 30, 2001 remaining after COUNTY notifies CITY that increas
are payable.
b. If CITY is required to pay for increases as set forth in Subsection G -d
above, COUNTY, at the request of CITY, will thereafter reduce the level
service to be provided to CITY pursuant to Subsection C-4 of this
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PAYMENT (Continued)
Agreement to a level that will make the Maximum Obligation of CI
hereunder for the period July 1, 2000 through June 30, 2001 an amo
specified by CITY that is equivalent to or higher than the Maxim
Obligation set forth in Subsection G-3 for said period at the time 1
Agreement originally was executed. The purpose of such adjustment
service levels will be to give CITY the option of keeping its Maximi
Obligation hereunder at the pre -increase level or at any other higher le
specified by CITY. In the event of such reduction in level of service a
adjustment of costs, the parties shall execute an amendment to t
Agreement so providing. Decisions about how to reduce the level
service provided to CITY shall be made by SHERIFF with the approval
CITY.
5. The Maximum Obligation of CITY for services provided for the 12 m
period commencing July 1, 2001, 2002, 2003 and 2004, will be determ
annually by COUNTY and approved by CITY.
6. COUNTY shall invoice CITY monthly, one -twelfth (1/12) of the Maxir
Obligation of CITY.
7. CITY shall pay COUNTY in accordance with COUNTY Board of Supervisc
approved County Billing Policy, which is attached hereto as Attachment
and incorporated herein by this reference.
8. COUNTY shall charge CITY late payment penalties in accordance v
County Billing Policy.
9. 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 A hereto. Retention of saic
fees by COUNTY shall constitute payment in full to COUNTY for cost!
incurred by COUNTY in performing the functions related to licensing
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PAYMENT (Continued)
described in Subsection C-8; provided, however, that if any of said fees a
waived or reduced by CITY, CITY shall pay to COUNTY the differenc
between the amount of fees retained by COUNTY and the fees that were s
forth in the ordinances listed in Attachment A as of July 1, 1996. Shou
CITY increase the fee schedule for the licensing ordinances set forth
Attachment A, either party shall have the right to seek amendment of this
Agreement with respect to the division of the increased fees between Cll
and COUNTY.
10. Fees generated or collected by SHERIFF contract personnel for copying
documents related to the services provided in this Agreement will be
COUNTY -established rates and will be credited to CITY on an annual basis.
11. Narcotic asset forfeitures will be handled pursuant to Attachment C he
which is incorporated herein by this reference.
NOTICES:
1. Except for the notices provided for in Subsection 2 of this Section, all no
authorized or required by this Agreement shall be effective when written
deposited in the United States mail, first class postage prepaid
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 ST
SANTA ANA, CA 92703
2. Termination notices shall be effective when written and deposited in
United States mail, certified, return receipt requested and addressed
above.
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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 o
employer and employee, or principal and agent, between CITY and COUNTY o
any of COUNTY's agents or employees. COUNTY and its SHERIFF shall retair
all authority for rendition of services, standards of performance, control o
personnel, and other matters incident to the performance of services b)
COUNTY pursuant to this Agreement. COUNTY, its agents and employees
shall not be entitled to any rights or privileges of CITY employees and shall no
be considered in any manner to be CITY employees.
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 anc
COUNTY shall retain all records relating to the performance of this Agreemen
for said three-year period, except that records pertaining to any audit then it
progress, or any claim or litigation shall be retained beyond said three -yea
period until final resolution of said audit, claim or litigation.
ALTERATION OF TERMS:
This Agreement fully expresses all understanding of CITY and COUNTY witl
respect to the subject matter of this Agreement, and shall constitute the tota
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, formal['.
approved and executed by duly authorized agents of both parties.
INDEMNIFICATION:
1. COUNTY, its officers, agents and employees shall not be deemed to have
assumed any liability for the negligence or any other act or omission of CITY
or any of its officers or employees, or for any dangerous or defective
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INDEMNIFICATION (Continued)
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 COUNTY, its officers, agents, employees and independent
contractors free and harmless from any claim or liability whatsoever, based o
asserted upon the condition of any public street or work or property of CITY,
or upon the illegality or unconstitutionality of any municipal ordinances of
CITY that SHERIFF has enforced, or upon any act or omission of CITY, its
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 CITY shall defend at its
expense including attorney fees, COUNTY, its officers, agents, employees
and independent contractors in any legal action or claim of any kind based
upon such condition of public street or work or property, or alleged illegality o
unconstitutionality of a municipal ordinance, or alleged acts or omissions.
2. COUNTY shall indemnify and hold CITY, its officers, agents, employees and
independent contractors free and harmless from any claim or liability
whatsoever, based or asserted upon any act or omission of COUNTY, its
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, a
its expense including attorney fees, CITY, its officers, agents, employees and
independent contractors in any legal action or claim of any kind based upon
such alleged acts or omissions.
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1 IN WITNESS WHEREOF, the parties have executed the AGREEMENT i
2 the County of Orange, State of California.
3 Jul 5 2000
DATED: Y
4
5 ATTEST=�2G'� �`�!«O�
/y CITY OF SAN JUAN CAPISTRANO
s
BY:
7 Co ene C ell ayor
s APPROVED AS TO FORM:
s ^
10 BY:
City Attorney
11
--------------------------------------------------------------------------------------------------------------------'
12
13 DATED: R—`— DD
14 COUNTY OF ORANGE
15
1s BY:
Chairman of the Board of
17 Supervisors
1e SIGNED AND CERTIFIED THAT A COPY
19 OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE C AIRMAN OF THE BOARD.
20
BY:
21 Darlene J. Bloom
22 Clerk of the Board of Supervisors
of Orange County, California
23
APPROVED AS TO FORM:
24 Laurence M. Watson, County Counsel
25 Orange County, California
26 BY: CM —
Deputy
27
DATED: ��t`/trJ
28
5125/00
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06107/00
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/
COUNTY BILLING POLICY
POLICY
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.
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 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 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.
Page 1 of 4
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.
B. 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.)
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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 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.
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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 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.
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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.
1. 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.
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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.
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4/23/97