04-0601_ORANGE, COUNTY OF_Agreement 5th Amd1
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FIFTH AMENDMENT TO AGREEMENT
BETWEEN THE
CITY OF SAN JUAN CAPISTRANO
AND THE
COUNTY OF ORANGE
THIS FIFTH AMENDMENT TO AGREEMENT is entered into this First
day of June 2004, 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, 2004, that certain
Agreement between the parties commencing July 1, 2000, hereinafter referred to as
the "Agreement'.
1. REGULAR SERVICES BY COUNTY
For the period July 1, 2004, through June 30, 2005, Subsection C-4 of 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, 2004 through June 30, 2005, shall be as follows:
Supervision:
• One (1) Lieutenant (40 hours per week)
• Four (4) Sergeants (one Sergeant equals 40 hours per week)
Investigation Services:
Two (2) Investigators (each 80 hours per two-week pay period)
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Patrol/Traffic Services:
• Fifteen (15) designated one -deputy units
(40 hours per week, per unit)
• Three (3) designated motorcycle units
(40 hours per week, per unit)
Deployment to be determined by SHERIFF in cooperation with CITY manager.
Community Support Unit:
Three (3) Deputy Sheriff II's (each 40 hours per week)
Parking Control:
Two (2) Community Services Officers (each 40 hours per week)
Shared Staff South County Regional Support Services:
7.94 percent of three-fourths of one (.75) Sergeant — Traffic
7.94 percent of three (3) Deputy Sheriff ll's — Traffic
7.94 percent of two (2) Investigative Assistants —Traffic
• 7.94 percent of one and one half (1.5) Office Specialists — Traffic
• 6.68 percent of one (1) Investigator — Auto Theft
6.68 percent of one (1) Office Specialist — Auto Theft
9.73 percent of three (3) Investigative Assistants — Court
• 11.54 percent of one half of one (.5) Motorcycle Sergeant
2. For the period of July 1, 2004 through June 30, 2005, Subsections G-2, G-3, G-4
of the Agreement are amended to read as follows:
"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,
2004 through June 30, 2005, shall be as follows:
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SERVICE COST OF SERVICE
Supervision:
• One (1) Lieutenant
@ $217,446/each
$
217,446
• Four (4) Sergeants
@ $195,678/each
$
782,712
Patrol/Traffic Services:
• Fifteen (15) Patrol Units
@ $166,426/unit
$
2,496,390
• Three (3) Motorcycle Patrol Units
@ $159,962/unit
$
479,886
Community Support Unit:
• Three (3) Deputy Sheriff II's
@ $158,453/each
$
475,359
Investigation Services:
• Two (2) Investigators
@ $184,984/each
$
369,968
Parking Control:
• Two (2) Community Services Officers
@ $84,784/each
$
169,568
South County Regional Support:
• 7.94% of three-fourths of one (.75) Sergeant - Traffic
@ $192,954/each
$
11,490
• 7.94% of three (3) Deputy Sheriff II's - Traffic
@ $144,057/each
$
34,314
• 7.94% of one and one half (1.5) Office Specialists - Traffic
@ $64,019/each
$
7,625
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SERVICE COST OF SERVICE
7.94 % of two (2) Investigative Assistants - Traffic
@ $72,092/each
• 6.68 % of one (1) Investigator — Auto Theft
@ $161,364/each
• 6.68% of one (1) Office Specialist — Auto Theft
@ $60,775/each
• 9.73% of three (3) Investigative Assistants — Court
@ $72,994/each
11.54% of one half of one (5) Motorcycle Sergeant
@ $201,070/each plus $993 for training equipment
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, and shared difference of
an Investigator and Sergeant; services and supplies.
Credits: False alarm fees; reimbursement for training
and miscellaneous programs; cost difference of a
deputy investigator rotational position and an
investigator.
$ 11,448
$ 10,779
$ 4,060
$ 21,307
$ 12,597
$ 227,030
TOTAL COST OF SERVICES 5.331.979
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, 2004 and June 30, 2005, is $5,331,979.
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4. a. At the time this Fifth 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 2004-05 costs set forth in Subsection G-2 nor in the Fiscal Year
2004-05 Maximum Obligation of CITY set forth in Subsection G-3 of this
Fifth 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 Fifth 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, 2004 through June 30, 2005, 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, 2004 and June 30, 2005 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 Fifth
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 Fifth
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
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service provided to CITY shall be made by SHERIFF with the approval of
CITY."
3. Effective July 1, 2004, Section M of the Agreement is amended to read as follows:
"M. TRAFFIC VIOLATOR APPREHENSION PROGRAM
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1. COUNTY has established a Traffic Violator Apprehension Program ["the
Program"], which is operated by SHERIFF, and is designed to reduce vehicle
accidents caused by unlicensed drivers and drivers whose licenses are
suspended and to educate the public about the requirements of the Vehicle
Code and related safety issues with regard to driver licensing, vehicle
registration, vehicle operation, and vehicle parking. The Program operates
throughout the unincorporated areas of the COUNTY and in the cities that
contract with COUNTY for SHERIFF's law enforcement services, without regard
to jurisdictional boundaries, because an area -wide approach to reduction of
traffic accidents and driver education is most effective in preventing traffic
accidents. In order for CITY to participate in the Program, 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 TVAP resolution that is attached to the
Agreement as Attachment D and incorporated into the 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 the 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 of the Agreement
to substitute CITY's amended or new TVAP resolution for Attachment D to the
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Agreement, as long as said amendment to the Agreement does not materially
change any other provision of the 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
(10 hours per week)
• One (1) Staff Analyst
(40 hours per week)
• One (1) Information Processing Specialist
(40 hours per week)
• One (1) Deputy Sheriff II
(40 hours per week)
• One (1) Investigative Assistant
(40 hours per week)
• Two (2) Office Specialists
(40 hours per week)
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)
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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 TVAP resolution in effect at the time of
purchase.
5. 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
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."
4. Effective July 1, 2004, Section N of the Agreement is amended to read as follows:
"N. MOBILE DATA COMPUTERS
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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.
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2. SHERIFF has the exclusive right to use said MDCs for law enforcement
services related to the 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.
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, 2004 through June 30, 2005.
4. If, following the initial acquisition of MDCs referenced above, CITY requires
MDCs for additional patrol cars or motorcycles designated for use in the CITY,
or for CITY Emergency Operations Center, COUNTY will purchase said
additional MDCs. Upon demand by COUNTY, CITY will pay to COUNTY a) the
full costs of acquisition and installation of said additional MDCs, and b) the full
recurring costs for said MDCs, 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. Said costs related to additional MDCs are not included in, and are in
addition to, the costs set forth in Subsection G-2 and the Maximum Obligation
of CITY set forth in Subsection G-3 of this Agreement.
5. COUNTY will replace and/or upgrade MDCs as needed. The costs of
replacing/upgrading MDCs shall be paid by COUNTY from the
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replacement/upgrade funds to be paid by CITY in accordance with the
foregoing. CITY shall not be charged any additional charge to replace or
upgrade MDCs."
5 All other provisions of the Agreement, as previously amended, to the extent that
they are not in conflict with this FIFTH AMENDMENT TO AGREEMENT, remain
unchanged.
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IN WITNESS WHEREOF, the parties have executed the FIFTH
AMENDMENT TO AGREEMENT in the County of Orange, State of California.
DATED:
/� rO S UAN CAPISTRANO
ATTE . { �City ClerkBY: a
IPP'•FORM:
BY: OOA L&A"LlIm"
DATED: L4
COUNTY
COUNTY OF ORANG
BY:
Chair of the Board of
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 Supervis
of Orange County, California
APPROVED AS TO FORM:
Benjamin P. de Mayo, County Counsel
Orange County, California
BY: c�
Deputy
DATED:
6/21104
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• • ATIACHMENt' 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,
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ATTEST:
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SECTION 2. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 18th day of July, 2000.
JQVINWN, CITY CLERK
OLLE AMPBE , MAYOR
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)
r'
CHERYL JOHRSOW, CITY CLERK
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