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07-0701_ORANGE, COUNTY OF_Agreement 2nd Amd1 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 SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS SECOND AMENDMENT TO AGREEMENT is entered into this FIRST day of May 2007, 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, 2007, that certain Agreement between the parties commencing July 1, 2005, hereinafter referred to as the "Agreement". 1. For the period July 1, 2007 through June 30, 2008, 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, 2007 through June 30, 2008, 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: • 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) • Two (2) 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 7 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 0 0 Community Support Unit: • Four (4) Deputy Sheriff II (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 and South County Regional Support Services: • 8.36 percent of one half of one (.5) Sergeant — Traffic • 8.36 percent of four (4) Deputy Sheriff IIs — Traffic • 8.36 percent of one (1) investigative Assistant — Traffic • 8.36 percent of one (1) Office Specialist — Traffic 5.89 percent of one fourth of one (.25) Sergeant — Auto Theft • 5.89 percent of two (2) Investigators — Auto Theft • 5.89 percent of one (1) Investigative Assistant — Auto Theft • 5.89 percent of one (1) Office Specialist — Auto Theft 10.03 percent of three (3) Investigative Assistants — Court • 6.66 percent of one half of one (.5) Motorcycle Sergeant" 2. For the period of July 1, 2007 through June 30, 2008, 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, 2007 through June 30, 2008, shall be as follows: SERVICE COST OF SERVICE Supervision: • One (1) Lieutenant @ $241,904/each $ 241,904 Page 2 of 7 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 26 27 28 SERVICE COST OF SERVICE Supervision: • Four (4) Sergeants @ $229,154/each $ 916,616 Investigation Services: • Two (2) Investigators @ $230,4151each $ 460,830 Patrol/Traffic Services: • Fourteen (14) Patrol Units @ $195,750/unit $ 2,740,500 • One (1) Patrol Unit -- Special Enforcement @ $180,057/unit $ 180,057 • Two (2) Motorcycle Patrol Units @ $184,742/unit $ 369,484 Community Support Unit: • Three (3) Deputy Sheriff IIs @ $182,513/each $ 547,539 • One (1) Deputy Sheriff II @ $180,057/each $ 180,057 Parking Control: • Two (2) Community Services Officers @ $94,820/each $ 189,640 Shared Staff and South County Regional Support Services: • 8.36% of one half of one (5) Sergeant - Traffic @ $214,716/each $ 8,975 • 8.36% of four (4) Deputy Sheriff IIs - Traffic @ $167,193/each $ 55,909 Page 3of7 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 SERVICE COST OF SERVICE • 8.36% of one (1) Investigative Assistant - Traffic @ $77,508/each $ 6,480 • 8.36% of one (1) Office Specialist - Traffic @ $69,841 /each $ 5,838 • 5.89% of one fourth of one (.25) Sergeant — Auto Theft @ $214,716/each $ 3,162 • 5.89% of two (2) Investigator — Auto Theft @ $185,256/each $ 21,823 5.89% of one (1) Investigative Assistant — Auto Theft @ $77,5081each $ 4,565 • 5.89% of one (1) Office Specialist — Auto Theft @ $68,297/each $ 4,023 • 10.03% of three (3) Investigative Assistants — Court @ $80,684/each $ 24,278 6.66% of one half of one (5) Motorcycle Sergeant @ $223,272/each $ 7,440 Other Charges and Credits: $ 280,911 Charges: MDC recurring cost; Contract management; premium pay for bilingual staff; annual leave, on-call and holiday pay; data line charges; mileage interest for new and replacement vehicles; video camera replacement; services and supplies. 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 6,250,031" "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 Page 4 of 7 1; 21 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-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, 2007 and June 30, 2008, is $6,250,031." "G-4 a. At the time this SECOND 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 2007-08 costs set forth in Subsection G-2 nor in the Fiscal Year 2007-08 Maximum Obligation of CITY set forth in Subsection G-3 of this SECOND 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 SECOND 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, 2007 through June 30, 2008, 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, 2007 and June 30, 2008 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 service to be provided to CITY pursuant to Subsection C-4 of this SECOND 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 SECOND 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 Page 5 of 7 1 2 3 4 5 s 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • 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 (1112) 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, 2007 and June 30, 2008." 3. For the period July 1, 2007 through June 30, 2008, Subsection N-3 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 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, 2007 through June 30, 2008." 4. All other provisions of the Agreement, as previously amended, to the extent that they are not in conflict with this SECOND AMENDMENT TO AGREEMENT, remain unchanged. Page 6 of 7 2 3 4 5 6 71 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed the SECOND AMENDMENT TO AGREEMENT in the County of Orange, State of California. DATED: :J 0-k I ATTES DATED: & /.-;�(p t d 7 COUNTY 9F ORANGE BY: Chair of the Board Iq Supervisors CITY O SAN JUAN CAPISTRANO BY: Sa AA evato -Mayor APPROVED AS TO FORM: BY: w(O-A J ct-''1(b ,, City Attorney SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THEAIRMAN HE BOARD. *A___ BY: A Darlene J. BI om Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: Office of the County Counsel Orange County, California BY: / C 1 C ( '4 'k2e l -- Deputy �7 DATED: 5!1!07 Page 7 of 7 320 N. FLOWER STREET SANTA ANA, CA 92703 (714) 647-7000 OHERIFF-CORONER DEPARTM& Ms. Meg Monahan, MMC City Clerk City of San Juan, Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 COUNTY OF ORANGE CALIFORNIA MICHAEL S. CARONA SHERIFF -CORONER July 13, 2007 Re: FY 2007-2008 Second Amendment for Law Enforcement Services Dear Ms. Monahan: UNDERSHERIFF JO ANN GALISKY ASSISTANT SHERIFFS JACK ANDERSON STEVE BISHOP DANIEL MARTINI CHARLES WALTERS Enclosed is the fully -executed Second Amendment to the Five Year Agreement with the Sheriff -Coroner. The Amendment is in the amount of 56,250,031 and covers the period July 1, 2007 through June 30, 2008. Also enclosed is a copy of the Minute Order of the Orange County Board of Supervisors June 26, 2007, meeting. If you have any questions, please call me at (714) 834-3352. Sincerely, / Patricia Bello, Contract Manager Law Enforcement Contracts Enclosures Cc: Captain Ron White Lieutenant Mike Betzler Director Rick Dostal Michael Cantor, Senior Management Analyst PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE FOLLOWING CITIES AND AGENCIES: ALISO VIEJO - DANA POINT - LAGUNA HILLS - LAGUNA NIGUEL - LAGUNA WOODS - LAKE FOREST - MISSION VIEJO RANCHO SANTA MARGARITA - SAN CLEMENTE - SAN JUAN CAPISTRANO - STANTON - VILLA PARK HARBORS, BEACHES & PARKS - JOHN WAYNE AIRPORT - OCTA - SUPERIOR COURT DRUG USE Is AB ORANGE COUNTY BOARD OF SUPERVISORS MINUTE ORDER June 26, 2007 Submitting AgencylDwartment: Sheriff -Coroner Approve amendment 2 to five-year agreement with San Juan Capistrano for law enforcement services, 711107 - 6/30108 ($6,250,031); and authorize Sheriff -Coroner to execute amendments under certain conditions - District 5 The following is action taken by the Board of Supervisors: APPROVED AS RECOMMENDED ® OTHER 47 Unanimous ® (1) NGUYEN: Y (2) MOORLACH: Y (3) CAMPBELL: Y (4) NORBY: Y (5) BATES: Y Vote Key: Y= Yes,- N=No; A=Abstain; X --Excused; B. 0. =Board Order Documents accompanying this matter: ❑ Resolution(s) ❑ Ordinances(s) ❑ Contract(s) Item No. 63 Special Notes: Copies sent to: CEO Sheriff -Coroner — Kathy Douglas — ,� d..,r Auditor " 6128107 I certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisors , Orange County, State of California. DARLENE J. BLOOM, Clerk of the Board By: Deputy TRANSMITTAL TO: Patricia Bello, Contract Manager Sheriff -Coroner Department, County of Orange 320 N. Flower Street Santa Ana, CA 92703 DATE: June 20, 2007 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: Second Amendment to the Law Enforcement Services Agreement Enclosed are the four original sets of the above mentioned Amendment, please forward one original set once it's fully executed. If you have questions concerning the agreement, please contact Michael Cantor, Senior Management Analyst (949) 234-4565. Cc: Michael Cantor, Senior Management Analyst Enclosure San .duan Capistrano: Preserving the Fast to Enhance the Future Op Pnnted on 100% recycled paper use 32400 PASEO AOELANTO s %, MEMBERS OF THE CITY COUNCIL SAN JUAN CAPiSTIRANO, CA 92875 SAM ALLEVATO (949) 493 1171 (949) 493-1053 FAX InlOArlAaifO �9�r THOMAS W. HRIBAR wwwsanjuancapistrano. org fSiRiIISXf� 1716 MARK NIELSEN 0, t JOE SOTO DR. LONDRES VSO TRANSMITTAL TO: Patricia Bello, Contract Manager Sheriff -Coroner Department, County of Orange 320 N. Flower Street Santa Ana, CA 92703 DATE: June 20, 2007 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: Second Amendment to the Law Enforcement Services Agreement Enclosed are the four original sets of the above mentioned Amendment, please forward one original set once it's fully executed. If you have questions concerning the agreement, please contact Michael Cantor, Senior Management Analyst (949) 234-4565. Cc: Michael Cantor, Senior Management Analyst Enclosure San .duan Capistrano: Preserving the Fast to Enhance the Future Op Pnnted on 100% recycled paper 320 N. FLOWER STREET SANTA ANA, CA 92703 (714) 647-7000 • SHERIFF -CORONER DEPARTMENT COUNTY OF ORANGE CALIFORNIA May 10, 2007 Mr. Dave Adams, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr. Adams: MAY 1 4 2007 MICHAEL S. CARONA SHERIFF -CORONER ASSISTANT SHERIFFS STEVE BISHOP JO ANN GALISKY KIM MARKUSON CHARLES L. WALTER$ Enclosed are four original sets of the Second Amendment to the Law Enforcement Services Agreement with the Orange County Sheriff -Coroner. The Amendment is for the period from July 1, 2007 to June 30, 2008, and the total cost is $6,250,031. Please have your Council approve the Amendment prior to June 30, 2007. Please obtain the necessary signatures on each of the four original sets and return them to me for completion of the approval process. If you have any questions, please call me at (714) 834-3352. Sincerely, Patricia Bello, Contract Manager Law Enforcement Contracts Enclosure Cc: Captain Ron White Lieutenant Mike Betzler Director Rick Dostal Mike Cantor, Senior Management Analyst PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE FOLLOWING CITIES AND AGENCIES: ALISO VIEJO . DANA POINT . LAGUNA HILLS . LAGUNANIGUEL • LAGUNA WOODS • LAKE FOREST . MISSION VIEJO ' RANCHO SANTA MARGARITA + SAN CLEMENTE • SAN JUAN CAPISTRANO •-STANTON • VILLA PARK HARBORS, BEACHES & PARKS • JOHN WAYNE AIRPORT + OCTA 9 SUPERIOR COURT • i 6/19/2007 AGENDA REPORT D4 TO: David F. Adams, City Manager tA` FROM: Michael Cantor, Senior Management Analyst SUBJECT: Consideration of the Second Amendment to the Agreement for Law Enforcement Services for Fiscal Year 2007-2008. RECOMMENDATION: By motion, approve the Second Amendment to the Five-year Agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services with the second year amount of $6,250,031 from July 1, 2007 to June 30, 2008. SITUATION: Since 1961, the City of San Juan Capistrano has contracted with the County of Orange for the Sheriff -Coroner Department to provide law enforcement services. In 2005, the City Council approved a new five-year Service Agreement between the County and the City which will expire on June 30, 2010. This is the second amendment to the new five- year service agreement that begins July 1, 2007 through June 30, 2008. The financial obligation of the City for services provided for the 12 month periods commencing on July 1, 2008 and 2009, will be determined annually by the county and approved by the City. The financial obligation from July 1, 2007 to June 30, 2008 is $6,250,031. Staffing for the new fiscal year agreement is as follows: Staff General Responsibility 1- Lieutenant Chief of Police Services 4 - Sergeants Field supervision and administrative duties 2 - Investigators Investigate general crimes in the Cit 21- Deputy Sheriffs Patrol, special enforcement, school resource officer, red-light camera administration, directed enforcement, and motorcycle traffic enforcement, among other duties 2 - Community Services Officers Parking enforcement and traffic accident investigation Agenda Report Page 2 June 19, 2007 Shared staff and South County Regional Support Services is as follows: Shared staff Res onsibili Sergeant 1 Traffic Deputy Sheriff II 4 Traffic Investigative Assistant (1 Traffic Office Specialist 1 Traffic Motorcycle Sergeant 1 Traffic Sergeant 1 Auto Theft Investigators 2 Auto Theft Investigative Assistant M Auto Theft Office S ecialist 1 Auto Theft Investigative Assistants 3 Court The Agreement (see Attachment 1) specifically describes the various services to be provided by the Sheriff's Department. COMMISSIONIBOARD REVIEW AND RECOMMENDATIONS: Not Applicable. FINANCIAL CONSIDERATIONS: The total cost of services is $6,250,031. The amount has been included in the 2007- 2008 fiscal year budget. Last year's services were $5,989,859. The increase is based on the following: • Annualized cost of salary and employee benefit increases negotiated in FY 2006-07 • Increased benefit rates for FY 2007-08 • Increased Division Services & Supplies cost • Transportation cost increases The Association of Orange County Deputy Sheriffs contract expired in October 2006, and there are currently salary and benefit issues that remain to be resolved. Therefore, the proposed agreement includes provisions that require the City to pay for the cost of any increase in compensation or benefits, or to adjust the service level to stay within the maximum obligation of the agreement. NOTIFICATION: Michael S. Carona, Sheriff -Coroner, Orange County Sheriffs Department Agenda Report Page 3 RECOMMENDATION: • June 19, 2007 By motion, approve the Second Amendment to the Five-year Agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services with the second year amount of $6,250,031 from July 1, 2007 to June 30, 2008. Respectfully submitted, Michael Cantor Senior Management Analyst Attachment: 1. Agreement 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 26 27 28 SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN .JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS SECOND AMENDMENT TO AGREEMENT is 'entered into this FIRST day of May 2007, 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, 2007, that certain Agreement between the parties commencing July 1, 2005, hereinafter referred to as the "Agreement". 1. For the period July 1, 2007 through June 30, 2008, 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, 2007 through June 30, 2008, 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: • 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) • Two (2) 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 7 I I ATTACHMENT 1 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 Community Support Unit: Four (4) Deputy Sheriff 11 (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 and South County Regional Support Services: + 8.36 percent of one half of one (.5) Sergeant — Traffic • 8.36 percent of four (4) Deputy Sheriff IIs — Traffic • 8.36 percent of one (1) Investigative Assistant — Traffic • 8.36 percent of one (1) Office Specialist — Traffic • 5.89 percent of one fourth of one (.25) Sergeant — Auto Theft • 5.89 percent of two (2) Investigators —Auto Theft + 5.89 percent of one (1) Investigative Assistant — Auto Theft • 5.89 percent of one (1) Office Specialist — Auto Theft • 10.03 percent of three (3) Investigative Assistants — Court • 6.66 percent of one half of one (.5) Motorcycle Sergeant" 2. For the period of July 1, 2007 through June 30, 2008, 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, 2007 through June 30, 2008, shall be as follows: SERVICE COST OF SERVICE Supervision: • One (1) Lieutenant @ $241,904/each $ 241,904 Page 2 of 7 2, 3 4 5 6 7 8 M 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 • • SERVICE COST OF SERVICE Supervision: • Four (4) Sergeants @ $229,154/each $ 996,616 Investigation Services: • Two (2) Investigators @ $230,415/each $ 460,830 Patrol/Traffic Services: • Fourteen (14) Patrol Units @ $195,750/unit $ 2,740,500 • One (1) Patrol Unit -- Special Enforcement @ $180,057/unit $ 180,057 • Two (2) Motorcycle Patrol Units @ $184,742/unit $ 369,484 Community Support Unit: • Three (3) Deputy Sheriff IIs @ $182,513/each $ 547,539 • One (1) Deputy Sheriff II @ $180,057/each $ 180,057 Parking Control: • Two (2) Community Services Officers @ $94,820/each $ 189,640 Shared Staff and South County Regional Support Services: • 8.36% of one half of one (5) Sergeant - Traffic @ $214,7161each $ 8,975 • 8.36% of four (4) Deputy Sheriff IIs - Traffic @ $167,193/each $ 55,909 Page 3 of 7 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 2s SERVICE COST OF SERVICE • 8.36% of one (1) Investigative Assistant - Traffic @ $77,508/each $ 6,480 • 8.36% of one (1) Office Specialist - Traffic @ $69,841 /each $ 5,838 • 5.89% of one fourth of one (.25) Sergeant — Auto Theft @ $214,716/each $ 3,162 5.89% of two (2) Investigator — Auto Theft @ $185,256/each $ 21,823 • 5.89% of one (1) investigative Assistant — Auto Theft @ $77,508/each $ 4,565 5.89% of one (1) Office Specialist — Auto Theft @ $68,297/each $ 4,023 • 10.03% of three (3) Investigative Assistants — Court @ $80,684/each $ 24,278 • 6.66% of one half of one (5) Motorcycle Sergeant @ $223,272/each $ 7,440 Other Charges and Credits: $ 280,911 Charges: MDC recurring cost; Contract management; premium pay for bilingual staff; annual leave, on-call and holiday pay; i data line charges; mileage interest for new and replacement vehicles; video camera replacement; services and supplies. 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 1-6,25U31 "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 Page 4 of 7 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, 2007 and June 30, 2008, is $6,250,031." "G-4 a. At the time this SECOND 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 2007-08 costs set forth in Subsection G-2 nor in the Fiscal Year 2007-08 Maximum Obligation of CITY set forth in Subsection G-3 of this SECOND 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 SECOND 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, 2007 through June 30, 2008, 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, 2007 and June 30, 2008 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 . service to be provided to CITY pursuant to Subsection C-4 of this SECOND 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 SECOND 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 Page 5 of 7 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 (1112) 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, 2007 and June 30, 2008." 3. For the period July 1, 2007 through June 30, 2008, Subsection N-3 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 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, 2007 through June 30, 2008." 4. All other provisions of the Agreement, as previously amended, to the extent that they are not in conflict with this SECOND AMENDMENT TO AGREEMENT, remain unchanged. Page 6 of 7 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed the SECOND AMENDMENT TO AGREEMENT in the County of Orange, State of California. City Clerk DATED: COUNTY OF ORANGE Im Chair of the Board of Supervisors DATED: CITY OF SAN JUAN CAPISTRANO I-.Yj Mayor APPROVED AS TO FORM: BY: bw&4' t4 City Attorney 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: Office of the County Counsel Orange County, Califfoolrnia i BY: / i C� c� Deputy DATED: S 7 /� 7 5l11Q7 Page 7 of 7 32.400 PASEO ADELANTO SAN JUAN CAPISTRANO, GA 92675 (949) 493-1171 (949) 493-1053 FAX W W Lt' sanjuancap istrano. org IR[OR PRRRIER � fS1RILVSXfO 1;JGi ITTb MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLE VATO THOMAS W. HRIBAR MARK NIELSEN s0E SOTO DR. LONDRES USO The City Council of San Juan Capistrano will meet at 7:00 p.m. on June 19, 2007 in the City Council Chamber in City Hall, to consider: "Consideration of the Second Amendment of the Agreement for Law Enforcement Services for Fiscal Year 2007- 2008." — Item No. D4. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, June 18, 2007 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Michael Cantor, Senior Management Analyst. You may contact that staff member at (949) 234-4565 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerke-sanivancepistrano.orq. Meg Monahan, MMC City Clerk cc: Michael S. Carona, Cheriff-Coroner, Orange County Sheriffs Department; Michael Cantor, Senior Management Analyst * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future CL' Printed on 100% recycled paper