06-0601_ORANGE, COUNTY OF_Agreement 1st Amd2
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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.
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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
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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
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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.
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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."
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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
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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.
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179,356
10,763
33,909
am
10,281
9,594
3,451
10,860
295,861
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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
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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
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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,
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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
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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.
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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
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