Loading...
06-0601_ORANGE, COUNTY OF_Agreement 1st Amd2 3 4 5 6 7 M M 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS FIRST AMENDMENT TO AGREEMENT is entered into this First day of June 2006, 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", to amend, effective July 1, 2006, that certain Agreement between the parties commencing July 1, 2005, hereinafter referred to as the "Agreement". 1. For the period July 1, 2006, through June 30, 2007, Subsection C-4 of the the Agreement is amended to read as follows: "4. The level of service, other than for licensing, to be provided by COUNTY for the period July 1, 2006 through June 30, 2007, shall be as follows: Supervision: • One (1) Lieutenant (80 hours per two week pay period) • Four (4) Sergeants (each 80 hours per two week pay period) Investigation Services: 0 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. Page 1 of 12 2 3 4 5 6 7 F*A M 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Community Support Unit: * Three (3) Deputy Sheriff ]I's (each 80 hours per two week pay period) Parking Control: Two (2) Community Services Officers (each 80 hours per two week pay period) Shared Staff South County Regional Support Services: 0 7.15 percent of three-fourths of one (.75) Sergeant — Traffic 0 7.15 percent of three (3) Deputy Sheriff 11's — Traffic 0 7.15 percent of two (2) Investigative Assistants — Traffic 0 7.15 percent of one and one half (1.5) Office Specialists — Traffic 0 5.34 percent of one (1) Investigator — Auto Theft * 5.34 percent of one (1) Office Specialist — Auto Theft 0 10.15 percent of three (3) Investigative Assistants — Court 0 10.00 percent of one half of one (.5) Motorcycle Sergeant" 2. Effective July 1, 2006, Section D. SPECIAL SERVICES will be amended to read as I // follows: "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 determine 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 Subsection C-4 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 Page 2 of 12 I G-3 of this Agreement. SHERIFF shall bill CITY immediately after each such 2 event. 3 2. Supplemental services for occasional events operated by private individuals 4 and entities on non -CITY Property. At the request of CITY, through its City 5 Manager, and within the limitations set forth in this subsection D(2), SHERIFF 6 may provide supplemental law enforcement services to preserve the peace at 7 special events or occurrences that occur on an occasional basis and are 8 operated by private individuals or private entities on non -CITY property. 9 SHERIFF shall determine personnel and equipment needed for such 10 supplemental services, and will provide such supplemental services only if 11 SHERIFF is able to do so without reducing the normal and regular ongoing 12 services that SHERIFF otherwise would provide to CITY pursuant to this 13 Agreement. Such supplemental services shall be provided only by regularly 14 appointed full-time peace officers, at rates of pay governed by a Memorandum 15 of Understanding between COUNTY and the bargaining unit(s) representing the 16 peace officers providing the services. Such supplemental services shall include 17 only law enforcement duties and shall not include services authorized to be 18 provided by a private patrol operator, as defined in Section 7582.1 of the 19 Business and Professions Code. Law enforcement support functions, including, 20 but not limited to, clerical functions and forensic science services, may be 21 performed by non -peace officer personnel if the services do not involve patrol 22 or keeping the peace and are incidental to the provision of law enforcement 23 services. CITY shall reimburse COUNTY its full, actual costs of providing such 24 supplemental services at an amount computed by SHERIFF, based on the 25 current year's COUNTY law enforcement cost study. The cost of these 26 supplemental services shall be in addition to the Maximum Obligation of CITY 27 set forth in Subsection G-3 of this Agreement. SHERIFF shall bill CITY 28 immediately after each such event. Page 3 of 12 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 3. Supplemental services for events operated bv public 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 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 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-3 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 the Sheriff at events, for which CITY issues permits, that are operated by private individuals or entities or public entities. SHERIFF shall determine personnel and equipment needed for said events. If said events are in addition to the level of services listed in Subsection C-4 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-3 of this Agreement. Sheriff shall bill CITY immediately after said services are rendered." Page 4 of 12 1 2 3 4 5 6 7 8 9 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. For the period of July 1, 2006 through June 30, 2007, Subsections G-2, G-3, G-4, and G-6 of the Agreement are amended to read as follows: "G-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, 2006 through June 30, 2007, shall be as follows: SERVICE COST OF SERVICE Supervision: • One (1) Lieutenant @ $230,221 /each $ 230,221 • Four (4) Sergeants @ $223,291 /each $ 893,164 Patrol/Traffic Services: • Fourteen (14) Patrol Units @ $187,243/unit $ 2,621,402 • One (1) Patrol Unit — Special Enforcement @ $173,245/unit $ 173,245 • Three (3) Motorcycle Patrol Units @ $177,847/unit $ 533,541 Community Support Unit: Three (3) Deputy Sheriff I I's @ $175,162/each $ 525,486 Investigation Services: Two (2) Investigators @ $214,481 /each $ 428,962 Page 5 of 12 2 3 4 1 5 6 7 8 M 101 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE COST OF SERVICE Parking Control: Two (2) Community Services Officers @ $89,678/each $ South County Regional Support: 0 7.15% of three-fourths of one (.75) Sergeant - Traffic @ $200,700/each $ 0 7.15% of three (3) Deputy Sheriff 11's - Traffic @ $158,082/each $ a 7.15% of one and one half (1.5) Office Specialists - Traffic @ $64,181/each $ 0 7.15% of two (2) Investigative Assistants - Traffic @ $71,894/each $ 0 5.34% of one (1) Investigator — Auto Theft @ $179,664/each $ 0 5.34% of one (1) Office Specialist — Auto Theft @ $64,623/each $ 10. 15% of three (3) Investigative Assistants — Court @ $75,140/each $ 10.00% of one half of one (5) Motorcycle Sergeant @ $217,191/each $ Other Charges and Credits: $ Charges: MDC recurring cost; Contract management; premium pay for bilingual staff; annual leave, on-call and holiday pay; data line charges; mileage interest; video camera replacement; services and supplies. Page 6 of 12 179,356 10,763 33,909 am 10,281 9,594 3,451 10,860 295,861 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 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 "G-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, 2006 and June 30, 2007, is $5,989,859." "G-4 a. At the time this First Amendment 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 Fiscal Year 2006-07 costs set forth in Subsection G-2 nor in the Fiscal Year 2006-07 Maximum Obligation of CITY set forth in Subsection G-3 of this First Amendment. 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 First Amendment, the full costs of said increases to the extent such increases are attributable to work performed by such personnel during the period July 1, 2006 through June 30, 2007, 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, 2006 and June 30, 2007 remaining after COUNTY notifies CITY that increases are payable. b. 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 Page 7 of 12 1 2 3 4 5 A 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 service to be provided to CITY pursuant to Subsection C-4 of this First Amendment to a level that will make the Maximum Obligation of CITY hereunder an amount specified by CITY that is equivalent to or higher than the Maximum Obligation set forth in Subsection G-3 of this First Amendment at the time it 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 the 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." "G-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, 2006 and June 30, 2007." 4. Effective July 1, 2006, Section L, INDEMNIFICATION is amended to read as follows: "I. 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 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 whatsoever based or asserted upon the condition of any public street or work property of CITY, or upon the illegality or Page 8 of 12 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 I // unconstitutionality of any municipal ordinance of CITY that SHERIFF has enforced, or upon any act or omission 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 active 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 counsel approved in writing by CITY, CITY and its elected and appointed officials, officers, agents, Page 9 of 12 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 employees, subcontractors and independent contractors in any legal action or claim of any kind based or asserted upon such alleged acts or omissions." 5. Effective July 1, 2006, Subsection M-3 of the Agreement is amended to read as follows: W-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 Specialist (80 hours per two week pay period) • One (1) Information Processing Specialist (80 hours per two week pay period) • One (1) Deputy Sheriff 11 (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)" 6. Effective July 1, 2006, Subsection N-3 of the Agreement is amended to read as follows: "N-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and installation of MDCs that are or will be mounted in patrol vehicles and motorcycles assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund or 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 costs set forth in Page 10 of 12 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 Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection G-3 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, 2006 through June 30, 2007." 7. All other provisions of the Agreement, as previously amended, to the extent that they are not in conflict with this FIRST AMENDMENT TO AGREEMENT, remain unchanged. H H H H H H H H H H H H H H Page 11 of 12 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 I IN WITNESS WHEREOF, the parties have executed the FIRST AMENDMENT TO AGREEMENT in the County of Orange, State of California. DATED: /aW06 CITY 09AN JUA'N CAPISTRANO ATTES 7 City Clerk BY: I Kayor APPROVED AS TO FORM: BY: Q � —'� r -l-, ity Attorney COUNTY OF ORANGE BY: ioj� �rK Chair of the BcKard of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CVAIRMAN OF THE BOARD. BY: Erloo'm Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: Office of the County Counsel Orange County, California Deputy DATED: 617/06 Page 12 of 12