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05-0501_ORANGE, COUNTY OF_Agreement1 2 3 4 5 6 7 8 s 10 11 12 13 14 15 16 17 18 1s 20 21 22 23 24 25 26 27 28 AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS AGREEMENT, entered into this First day of May 2005, 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: Page 1 of 21 TABLE OF CONTENTS 2 3 SECTION PAGE 4 A. Term 3 5 B. Optional Termination 3 6 C. Regular Services by COUNTY 3 7 D. Special Services by COUNTY 7 8 E. Patrol Video Systems 8 9 F. Licensing Services by CITY 8 10 G. Payment 9 » H. Notices 13 12 I. Status of COUNTY 14 13 J. State Audit 14 14 K. Alteration of Terms 15 15 L. Indemnification 15 16 M. Traffic Violator Apprehension Program 16 17 N. Mobile Data Computers 19 18 Signature Page 21 19 20 21 22 23 H 24 25 26 27 28 Page 2 of 21 1 2 3 a 5 6 6 10 11 12 13 14 15 16 n 19 1s 20 21 22 A. TERM: The term of this Agreement shall be for (5) years, commencing July 1, 2005 and terminating June 30, 2010, unless earlier terminated by either party in the manner set forth herein. B. OPTIONAL TERMINATION: 1. 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: 23 24 25 26 27 28 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. Such 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 service 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 June 30 on the level of service and cost of Page 3 of 21 1 2 3 4 5 6 7 8 s 10 11 12 13 14 15 16 17 18 1s 20 21 22 23 24 25 26 27 28 REGULAR SERVICES BY COUNTY (Continued) 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 in 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, 2005 through June 30, 2006, shall be as follows: Supervision: • One (1) Lieutenant (80 hours per two-week pay period) • Four (4) Sergeants (one Sergeant equals 40 hours per week) Investigation Services: • Two (2) Investigators (each 80 hours per two-week pay period) Patrol/Traffic Services: • Fifteen (15) designated one -deputy units (80 hours per two-week pay period, per unit) • Three (3) designated motorcycle units (80 hours per two-week pay period, per unit) Deployment to be determined by SHERIFF in cooperation with CITY manager. Community Support Unit: • Three (3) Deputy Sheriff II's (each 80 hours per two-week pay period) Parking Control: • Two (2) Community Services Officers (each 80 hours per two-week pay period) Page 4 of 21 1 2 3 4 5 M. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REGULAR SERVICES BY COUNTY (Continued) Shared Staff South County Regional Support Services: 7.33 percent of three-fourths of one (.75) Sergeant — Traffic • 7.33 percent of three (3) Deputy Sheriff II's — Traffic 7.33 percent of two (2) Investigative Assistants — Traffic 7.33 percent of one and one half (1.5) Office Specialists — Traffic • 8.41 percent of one (1) Investigator — Auto Theft 8.41 percent of one (1) Office Specialist — Auto Theft • 9.73 percent of three (3) Investigative Assistants — Court • 11.11 percent of one half of one (.5) Motorcycle Sergeant 5. For any service listed in Subsection C-4 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-3 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 services. Charges shall be reduced on the next monthly billing tendered in accordance with Subsection G-6 of this Agreement. Page 5 of 21 1 REGULAR SERVICES BY COUNTY (Continued) 2 7. During emergencies, such as a mutual aid situation, SHERIFF will attempt 3 to leave in CITY the Lieutenant in charge of CITY Police Services. If 4 SHERIFF determines that the Lieutenant is needed elsewhere, SHERIFF 5 will notify CITY's Manager within four (4) hours. SHERIFF will return the 6 Lieutenant to CITY as soon as possible once the emergency situation is 7 under control. 8 8. With respect to the licensing ordinances of CITY listed in Attachment A 9 hereto, which is incorporated herein by this reference, SHERIFF shall 10 receive applications for CITY licenses pursuant to said ordinances and ii complete investigations relating to such applications. Said investigations 12 shall be forwarded to CITY Manager. COUNTY shall not provide any 13 advisory, administrative, hearing or litigation attorney support or services 14 related to licensing. COUNTY shall not provide any administrative or 15 investigatory services related to the licensing ordinances listed in 16 Attachment A, hereto, except the investigations relating to initial 17 applications for which this subsection provides. 18 9. COUNTY or CITY, upon thirty (30) days notice and mutual written 19 agreement, shall increase or decrease the service levels provided herein, 20 and the obligation of CITY to pay for services shall be concomitantly 21 adjusted. 22 D. SPECIAL SERVICES BY COUNTY: 23 1. Patrol Services for Non -City Organization Functions 24 At the request of CITY, SHERIFF may provide patrol services for non -CITY 25 organization functions, such as community events, conducted on CITY 26 owned, leased or operated property. SHERIFF shall determine personnel 27 28 Page 6 of 21 1 SPECIAL SERVICES BY COUNTY (Continued) 2 and equipment needed for such special events and shall provide an initial 3 estimate of personnel and equipment costs to CITY. If such events are in a addition to the level -of -service listed in Subsection C-4 of this Agreement, s CITY shall reimburse COUNTY for such services at an amount computed 6 by SHERIFF, based on the current year's law enforcement cost study. The 7 cost of these services shall be in addition to the Maximum Obligation of a CITY, set forth in Subsection G-3 of this Agreement. SHERIFF shall bill s CITY immediately after said event is terminated. 10 2. Enhanced Law Enforcement Services 11 At the request of CITY, SHERIFF, in his sole discretion, may provide 12 enhanced law enforcement services within CITY. If SHERIFF determines it 13 is appropriate to provide the requested enhanced service and there is 14 sufficient staffing available, the type, time and place of said services shall 1e be agreed upon by SHERIFF and CITY Manager. SHERIFF shall is determine personnel and equipment needed for such service. If such 17 service is in addition to or greater than the level of service listed in Section is C of this Agreement, CITY shall reimburse COUNTY for such service at an is amount computed by SHERIFF, based on the current year's law 20 enforcement cost study. The cost of such service shall be in addition to the 21 Maximum Obligation of CITY as set forth in Subsection G-3 of this 22 Agreement. COUNTY shall bill CITY immediately after the service is 23 completed. 24 E. PATROL VIDEO SYSTEMS: 25 As part of the law enforcement services provided to CITY, CITY has paid for, 26 and COUNTY has provided, patrol video systems mounted in the patrol 27 28 Page 7 of 21 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I© PATROL VIDEO SYSTEMS (Continued) vehicles designated by COUNTY for use within CITY limits. SHERIFF has the exclusive right to use said video systems for law enforcement services related to this Agreement. If CITY requires patrol video systems for additional patrol cars designated for use in CITY, COUNTY will purchase said patrol video systems. CITY will pay COUNTY the cost of the new patrol video systems upon demand. The cost of patrol video systems for additional patrol cars is not included in and is in addition to the Maximum Obligation of CITY set forth in Subsection G-3. COUNTY will replace existing patrol video systems as needed. The costs of replacing existing patrol video systems are included in the cost of services set forth in Subsection G-2 and in the Maximum Obligation of CITY set forth in Subsection G-3. 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. I G. PAYMENT: 1// 1// 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. Page 8 of 21 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 04A 21 22 23 24 25 26 27 28 PAYMENT (Continued) 2. Unless the level of service described in Subsection C-4 is increased or decreased, or CITY is required to pay for increases as set forth in Subsection G-4, the cost of services described in Subsection C-4 of this Agreement, other than Licensing Services, to be provided by the COUNTY for the period July 1, 2005 through June 30, 2006, shall be as follows: SERVICE COST OF SERVICE Supervision: • One (1) Lieutenant @ $219,691/each $ 219,691 • Four (4) Sergeants @ $213,143/each $ 852,572 Patrol/Traffic Services: • Fourteen (14) Patrol Units @ $177,741/unit $ 2,488,374 • One (1) Patrol Unit — Special Enforcement @ $167,027/unit $ 167,027 • Three (3) Motorcycle Patrol Units @ $171,583/unit $ 514,749 Community Support Unit: • Three (3) Deputy Sheriff ll's @ $168,501/each $ 505,503 Investigation Services: • Two (2) Investigators @ $202,159/each $ 404,318 Page 9 of 21 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PAYMENT (Continued) SERVICE COST OF SERVICE Parking Control: • Two (2) Community Services Officers @ $87,243/each $ South County Regional Support: 7.33% of three-fourths of one (.75) Sergeant - Traffic @ $221,581 /each $ • 7.33% of three (3) Deputy Sheriff II's - Traffic @ $159,724/each $ • 7.33% of one and one half (1.5) Office Specialists - Traffic @ $61,208/each $ • 7.33% of two (2) Investigative Assistants - Traffic @ $71,603/each $ • 8.41 % of one (1) Investigator —Auto Theft @ $188,059/each $ • 8.41 % of one (1) Office Specialist — Auto Theft @ $61,259/each $ • 9.73% of three (3) Investigative Assistants — Court @ $76,171/each $ 11.11% of one half of one (.5) Motorcycle Sergeant @ $210,071/each $ Other Charges and Credits: $ Charges: MDC recurring cost; Contract Management; premium pay for bilingual staff; annual leave, vacation, on-call and holiday pay; mileage interest; video camera replacement, data line; services and supplies; vehicle rental. Page 10 of 21 12,182 35,124 6,730 10,497 15,816 5,152 22,234 11,670 289,261 2 M 4 5 6 7 6E ME 10 11 12 13 14 15 16 17 22 23 24 25 26 27 26 I // PAYMENT (Continued) Credits: False alarm fees; reimbursement for training and miscellaneous programs; cost difference of a deputy investigator rotational position and an investigator. TOTAL COST OF SERVICES S 5.735.386 3. Unless the level of service described in Subsection C-4 is increased or decreased, or CITY is required to pay for increases as set forth in Subsection G-4, the Maximum Obligation of CITY for services, other than Licensing Services that are referenced in Subsection C-4 of this Agreement and rendered by COUNTY between July 1, 2005 and June 30, 2006, is $5,735,386. 4. a. At the time this Agreement is executed, there are unresolved issues pertaining to potential increases in salaries and benefits for COUNTY employees. The costs of such potential increases are not included in the FY 2005-06 cost set forth in subsection G-2 nor in the FY 2005-06 Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement. If COUNTY incurs or becomes obligated to pay for any such increases for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, CITY shall pay COUNTY, in addition to the Maximum Obligation set forth in Subsection G-3 of this Agreement, the full costs of said increases to the extent such increases are attributable to work performed by such personnel during the term of this Agreement, and CITY's Maximum Obligation hereunder shall be deemed to have increased accordingly. CITY shall pay COUNTY in full for such increases on a pro -rata basis over the portion of the period between July 1, 2005 and June 30, 2006 remaining after COUNTY notifies CITY that increases are payable. Page 11 of 21 1 2 3 4 5 ME 7 8 9 10 11 12 13 14 15 16 n 18 19 20 21 22 23 24 25 26 27 28 PAYMENT (Continued) If CITY is required to pay for increases as set forth in Subsection G -4-a above, COUNTY, at the request of CITY, will thereafter reduce the level of service to be provided to CITY pursuant to Subsection C-4 of this Agreement to a level that will make the Maximum Obligation of CITY hereunder for the period July 1, 2005 through June 30, 2006 an amount specified by CITY that is equivalent to or higher than the Maximum Obligation set forth in Subsection G-3 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 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. 5. The Maximum Obligation of CITY for services provided for the 12 month periods commencing July 1, 2006, 2007, 2008 and 2009, will be determined annually by COUNTY and approved by CITY. 6. 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-4 must be paid, COUNTY thereafter shall include the pro -rata charges for such increases in its monthly invoices to CITY for the balance of the period between July 1, 2005 and June 30, 2006. 7. CITY shall pay COUNTY in accordance with COUNTY Board of Supervisors' approved County Billing Policy, which is attached hereto as Attachment B, and incorporated herein by this reference. Page 12 of 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11:1 In PAYMENT (Continued) 8. COUNTY shall charge CITY late payment penalties in accordance with 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 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 A as of July 1, 2005. Should CITY increase the fee schedule for the licensing ordinances set forth in Attachment A, 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. 10. 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. 11. Narcotic asset forfeitures will be handled pursuant to Attachment C hereto, which is incorporated herein by this reference. NOTICES: 1. Except for the notices provided for in Subsection 2 of this Section, all notices authorized or required by this Agreement shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows: Page 13 of 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Fa NOTICES (Continued) CITY: ATTN: CITY MANAGER 32400PASEO 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 the United States mail, certified, return receipt requested and addressed as above. 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 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. 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. Page 14 of 21 1 K. 2 3 4 5 6 7 8 s 10 11 12 13 14 15 18 17 18 1s 20 21 22 23 24 25 28 27 28 I1A 1// 1// 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. INDEMNIFICATION: 1. COUNTY, its officers, agents, employees, subcontractors and independent contractors 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, agents, employees, subcontractors or independent contractors, or for 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 COUNTY, its officers, agents, employees, subcontractors and independent contractors free and harmless from any claim or liability whatsoever based or asserted upon the condition of any public street or work or property of CITY, or upon the illegality or unconstitutionality of any municipal ordinance 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, 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, COUNTY, its officers, agents, employees, Page 15 of 21 1 INDEMNIFICATION (Continued) 2 subcontractors and independent contractors in any legal action or claim of s any kind based upon such condition of public street or work or property, or a illegality or unconstitutionality of a municipal ordinance, or alleged acts or s omissions. 6 2. COUNTY shall indemnify and hold CITY, its officers, agents, employees, 7 subcontractors and independent contractors free and harmless from any 6 claim or liability whatsoever based or asserted upon any act or omission of s COUNTY, its officers, agents, employees, subcontractors or independent 10 contractors related to this Agreement, for property damage, bodily injury or ii death or any other element of damage of any kind or nature, and COUNTY 12 shall defend, at its expense, including attorney fees, CITY, its officers, is agents, employees, subcontractors and independent contractors in any is legal action or claim of any kind based upon such alleged acts or is omissions. 16 M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: 17 1. COUNTY has established a Traffic Violator Apprehension Program ["the is Program"], which is operated by SHERIFF, and is designed to reduce is vehicle accidents caused by unlicensed drivers and drivers whose licenses 20 are suspended and to educate the public about the requirements of the 21 Vehicle Code and related safety issues with regard to driver licensing, 22 vehicle registration, vehicle operation, and vehicle parking. The Program 23 operates throughout the unincorporated areas of the COUNTY and in the 24 cities that contract with COUNTY for SHERIFF's law enforcement services, 26 without regard to jurisdictional boundaries, because an area -wide approach 26 to reduction of traffic accidents and driver education is most effective in 27 preventing traffic accidents. In order for CITY to participate in the Program, 2s Page 16 of 21 1 2 3 4 5 v 12 13 14 15 16 n 18 1s 20 21 22 23 24 25 26 27 2s TRAFFIC VIOLATOR APPREHENSION PROGRAM (Continued) 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 NAP resolution that is attached to this Agreement as Attachment D 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 resolution that is attached to this Agreement as Attachment D. 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 authority to execute an amendment to this Agreement to substitute CITY's amended or new TVAP resolution for Attachment D 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: • One fourth of one (.25) Sergeant (20 hours per two-week pay period) • One (1) Staff Analyst (80 hours per two-week pay period) • One (1) Information Processing Specialist (80 hours per two-week pay period) Page 17 of 21 1 2 3 4 5 6 7 8 s 10 12 13 14 15 16 17 18 1s 20 21 22 23 24 25 26 27 28 H TRAFFIC VIOLATOR APPREHENSION PROGRAM (Continued) • One (1) Deputy Sheriff II (80 hours per two-week pay, period) • One (1) Investigative Assistant (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 E. 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. 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 NAP 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 Page 18 of 21 1 2 3 a 5 6 7 M. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IQ 1H 1// TRAFFIC VIOLATOR APPREHENSION PROGRAM (Continued) 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-3 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 services 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 provided to CITY shall be made by SHERIFF with the approval of CITY. 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. 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. Page 19 of 21 I MOBILE DATA COMPUTERS (Continued) 2 The costs to be paid by CITY for recurring costs, including maintenance 3 and replacement/upgrade of MDCs, are included in the costs set forth in 4 Subsection G-2 and the Maximum Obligation of CITY set forth in 5 Subsection G-3 of this Agreement unless CITY has already paid such 6 costs. CITY shall not be charged additional amounts for maintenance or 7 replacement/upgrade of said MDCs during the period July 1, 2005 through 8 June 30, 2006. s 4. If, following the initial acquisition of MDCs referenced above, CITY requires 10 MDCs for additional patrol cars or motorcycles designated for use in the 11 CITY, or for CITY's Emergency Operations Center, COUNTY will purchase 12 said additional MDCs. Upon demand by COUNTY, CITY will pay to 13 COUNTY a) the full costs of acquisition and installation of said additional 14 MDC's, and b) the full recurring costs for said MDCs, as deemed necessary 15 by COUNTY, including the costs of maintenance, and contributions to a 16 fund for replacement and upgrade of such MDCs when they become 17 functionally or technologically obsolete. Said costs related to additional 18 MDCs are not included in, and are in addition to, the costs set forth in is Subsection G-2 and the Maximum Obligation of CITY set forth in 20 Subsection G-3 of this Agreement. 21 5. COUNTY will replace and/or upgrade MDCs as needed. The costs of 22 replacing/upgrading MDCs shall be paid by COUNTY from the replacement/ 23 upgrade funds to be paid by CITY in accordance with the foregoing. CITY 24 shall not be charged any additional charge to replace or upgrade MDCs. 25 26 27 // 28 Page 20 of 21 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2s 27 28 IN WITNESS WHEREOF, the parties have executed the AGREEMENT in the County of Orange, State of California. V DATED: 6 " 21-,20& SJ 26 Z/NCITY OF SAN JUAN CAPISTRANO City Clerk �.i i i i�r 'R _D AS TO •- DATED: (pla$(oS COUNT�Ij QF_O,RA GE Chair of the and 4of-- Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. BY: Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: Benjamin P. de Mayo, County Counsel Orange County, California BY: K✓ stwa;t Dep��u�tyyy DATED: 57040.0 5/25/05 Page 21 of 21 Attorney 1 ATTACHMENT A 2 CITY OF SAN JUAN CAPISTRANO 3 ORDINANCE NO. 785 (5-24.01 MC) 4 ORDINANCE NO. 417 (5-18.02 MC) 5 ORDINANCE NO.869 (9-3.503 MC) 6 LICENSING 7 8 DANCE INSTRUCTOR (NUDE) s DANCE STUDIO (NUDE) 10 ESCORT 11 ESCORT BUREAU 12 FIGURE MODEL (NUDE) 13 FIGURE MODEL STUDIO (NUDE) 14 GUN DEALER 15 INTERLOCUTRIX (NUDE) is INTRODUCTORY SERVICE n JUNK COLLECTOR 18 JUNK DEALER 19 MASSAGE PARLOR (Includes FBI Fees) 20 MASSAGIST (Includes FBI Fees) 21 PEDDLER 22 POOLROOM 23 PUBLIC DANCE 24 RAP SESSION (NUDE) 25 SECONDHAND DEALER (Pawnbroker) 28 TAXICAB STAND 27 28 05!25105 ATTACHMENT B COUNTY BILLING POLICY APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992 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. 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: 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 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 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.) Page 2 of 4 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. Page 3 of 4 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. Page 4 of 4 ATTACHMENT C POLICY FOR DISTRIBUTION OF FORFEITED AND SEIZED ASSETS XeTZT6D ►p The Orange County Sheriff's Department provides contract law enforcement services to cities in Orange County. Because of the increased likelihood that contracted patrol or investigation personnel may become involved in significant narcotic seizures, which could affect law enforcement services provided by the Sheriff's Department to contract cities, the following policy is in effect. NON-RNSP CONTRACTED PATROL AND INVESTIGATION OFFICERS When assets (cash or property) are seized in CITY by contracted patrol or investigation personnel other than RNSP personnel, and subsequently forfeited to COUNTY, the forfeited assets shall be shared with CITY as set forth below, for the purpose of augmenting law enforcement services in CITY, subject to approval by the forfeiting agency (U.S. Attorney or State) of such sharing and use of forfeited assets. A portion of forfeited assets may be retained by COUNTY's Sheriff Department, hereinafter referred to as "SHERIFF", to pay for departmental expenses not recovered through law enforcement contracts. In such cases, SHERIFF shall apply to the forfeiting agency for the return of a share of the assets to COUNTY. In his application, SHERIFF shall specify the percentage of shared assets returned to COUNTY that will be used to augment law enforcement services in CITY and the use of said assets by CITY. In those cases in which assets are seized within CITY by non-RNSP personnel assigned to CITY pursuant to this Agreement, without the involvement of other law enforcement personnel, and in which the seizure is a result solely of activities self -initiated by non-RNSP SHERIFF personnel assigned to CITY or initiated by said personnel in response to calls for service within CITY, SHERIFF shall apply to have all of the assets used to augment CITY law enforcement services. In those cases in which non-RNSP SHERIFF personnel assigned to CITY pursuant to this Agreement play an ancillary role in a seizure or in which other law enforcement personnel are involved in a seizure, SHERIFF shall determine the percentage of the total forfeited assets for which he will apply to augment CITY's law enforcement services. This determination will be based on the circumstances of the seizure, including the pro -rata involvement of all personnel, including those assigned to CITY. Each seizure will be evaluated on an individual and independent basis, and said evaluations will be available for review to CITY's manager. Examples of those incidents which would be evaluated as set forth in this section include situations in which a contract patrol deputy provides uniformed backup at a SHERIFF's Narcotic Bureau search warrant location or in which contract investigators participate in the service of a search warrant that was initiated by non -contract law enforcement personnel. Page 1 of 2 NON-RNSP CONTRACTED PATROL AND INVESTIGATION OFFICERS (Continued) Assets (cash or property) that are returned to COUNTY by the forfeiting agency with the understanding that they will be used to augment CITY law enforcement services shall be used by CITY and COUNTY only for such purposes. If the forfeiting agency attaches additional or more specific conditions to the use of said assets, CITY and COUNTY shall also abide by those conditions. SHERIFF and CITY's manager shall determine the specific use of said assets within the conditions imposed by the forfeiting agency. Subject to conditions imposed by the forfeiting agency and to the requirement that forfeited assets be used to augment law enforcement services, COUNTY shall place forfeited cash, or cash from the sale of forfeited assets in the interest-bearing account (Agency 139) for use in CITY in compliance with the forfeiting agency's regulations. 2. CONTRACTED REGIONAL NARCOTICS SUPPRESSION PROGRAM (RNSP) OFFICERS Assets forfeited as a result of activities conducted by contracted RNSP officers will be used to augment CITY's law enforcement services. Because activities of this type result from the efforts of both contracted officers and other RNSP officers, the percentage of sharing will be determined pursuant to the RNSP Memorandum of Understanding in effect at the time of the seizure. Said Memorandum of Understanding provides that assets are distributed according to percentage amounts based on the number of sworn personnel participating in the RNSP at the time of the seizure. The number of personnel in RNSP, as well as the number of participating agencies in RNSP, may fluctuate during the course of a contract year, thereby affecting the percentage amounts distributed to participating agencies. The percentage amounts distributed to participating agencies may also be affected by action taken by the RNSP Executive Board. CITY will use RNSP forfeited assets only to augment CITY's law enforcement services. If the forfeiting agency or applicable RNSP Memorandum of Understanding attaches any additional or more specific conditions on the use of said assets, CITY shall abide by those conditions. SHERIFF and CITY's manager shall determine the specific use of said assets within the conditions imposed by the forfeiting agency and the RNSP Memorandum of Understanding. Subject to conditions imposed by the forfeiting agency and the RNSP Memorandum of Understanding and to the requirement that RNSP forfeited assets be used to augment law enforcement services, COUNTY shall place forfeited cash or cash from the sale of forfeited assets in the interest-bearing account (Agency 139) for use in CITY in compliance with the forfeiting agency's regulations and the RNSP Memorandum of Understanding. Page 2 of 2 4/23/97 ATTAC FPAFM D RESOLUTION NO. 00-7-18-4 ORANGE COUNTY SHERIFFS DEPARTMENT TRAFFIC VIOLATOR APPREHENSION PROGRAM A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE ORANGE COUNTY SHERIFFS DEPARTMENT TRAFFIC VIOLATOR APPREHENSION PROGRAM WHEREAS, the City of San Juan Capistrano contracts with the Orange County Sheriffs Department for law enforcement services; and, WHEREAS, as a contract City, San Juan Capistrano is eligible to participate in the County's new Traffic Violator Apprehension Program; and, WHEREAS, the goals of the Traffic Violator Apprehension Program are to reduce the number of collisions involving suspended or unlicensed drivers, to reduce the number of hit and run collisions, to establish a public education program to deter violators, and to establish a cost recovery system to pay for continued enforcement; and, WHEREAS, the Traffic Violator Apprehension Program is funded by a Traffic Safety Grant from the State of California and on-going revenues will be generated from the collection of vehicle impound fees within the unincorporated areas of the County and participating cities that contract for law enforcement services with the Orange County Sheriffs Department; and, WHEREAS, the County Board of Supervisors has established a fee of $50 for each vehicle towed/stored/impounded as a result of negligent operation of a vehicle and a $152 fee for each vehicle impounded for 30 days, based on the actual administrative costs 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 Capistrano to participate in the Traffic Violator Apprehension Fund; and, -1- 428 SECTION 2. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 18th day of July, 2000. k ,,-60EEiWFAGPBER, MAYOR ATTEST: PIRWIM •,i� 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 18th day of July, 2000, by the following vote: AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and Mayor Campbell NOES: None ABSTAIN: None ABSENT: None (SEAL) i CHERYL JO SO , CITY CLERK -2- ATTACHMENT E