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22-0628_ORANGE, COUNTY OF_Minute OrderORANGE COUNTY BOARD OF SUPERVISORS MINUTE ORDER June 28, 2022 Submitting Agency/Department: Sheriff -Coroner Approve amendment 2 to five-year agreement with City of San Juan Capistrano for law enforcement services, 7/1/22 - 6/30/23 ($11,750,062; cumulative total $33,858,752); and authorize Sheriff -Coroner or designee to execute related amendments and extend agreement under certain conditions - District 5 The following is action taken by the Board of Supervisors: APPROVED AS RECOMMENDED ® OTHER O Unanimous ® (1) DO: Y (2) FOLEY: Y (3) WAGNER: Y (4) CHAFFEE: Y (5) BARTLET"T: Y Vote Key: Y=Yes; N=No; A=Abstain; X=Excused,• B.O. =Board Order Documents accompanying this matter: ❑ Resolution(s) 0 Ordinances(s) O Contract(s) Item No. 28 Special Notes: Copies sent to: Sheriff -Coroner / Lorena Watt M \1011F 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. Robin Stieler, Clerk of the Board By: Deputy 1 MEETING DATE: Agenda Item AGENDA STAFF REPORT LEGAL ENTITY TAKING ACTION: BOARD OF SUPERVISORS DISTRICT(S) SUBMITTING AGENCY/DEPARTMENT: DEPARTMENT CONTACT PERSON(S): ASR Control 22-000461 06/28/22 Board of Supervisors Sheriff -Coroner (Approved) Ross Caouette (714) 647-1807 Justin Montano (949) 443-6371 SUBJECT: Approve Second Amendment to San Juan Capistrano Agreement CEO CONCUR COUNTY COUNSEL REVIEW CLERK OF THE BOARD Concur Approved Agreement to Form Discussion 3 Votes Board Majority Budgeted: N/A Current Year Cost: N/A Annual Cost: FY 2022-23 $11,750,062 Staffing Impact: No # of Positions: Sole Source: N/A Current Fiscal Year Revenue: N/A Funding Source: Other: 100% (City of San Juan County Audit in last 3 years: No Capistrano) Prior Board Action: 6/22/2021932, 6/23/2020 #43, 6/25/2019 #34. 6/26/2018 #50 RECOMMENDED ACTION(S): 1. Approve the Second Amendment to the Five -Year Agreement with the City of San Juan Capistrano for law enforcement services for the term of July 1, 2022, through June 30, 2023. 2. Approve the FY 2022-23 charges for law enforcement services to the City of San Juan Capistrano in an amount not to exceed $11,750,062, for a revised cumulative contract total not to exceed $33,858,752. Delegate to the Sheriff -Coroner authority to execute written amendments to this law enforcement services agreement that increase or decrease the total FY 2022-23 cost of services by one percent or less of $11,750,062 and that do not materially change other provisions of the agreement. 4. Delegate to the Sheriff -Coroner authority to execute an amendment to this agreement to substitute the City of San Juan Capistrano's amended or new Traffic Violator Apprehension Program resolution, as long as the amendment does not materially change any other provision of this agreement. Page 1 :-a i ;2 z CEO CONCUR COUNTY COUNSEL REVIEW CLERK OF THE BOARD Concur Approved Agreement to Form Discussion 3 Votes Board Majority Budgeted: N/A Current Year Cost: N/A Annual Cost: FY 2022-23 $11,750,062 Staffing Impact: No # of Positions: Sole Source: N/A Current Fiscal Year Revenue: N/A Funding Source: Other: 100% (City of San Juan County Audit in last 3 years: No Capistrano) Prior Board Action: 6/22/2021932, 6/23/2020 #43, 6/25/2019 #34. 6/26/2018 #50 RECOMMENDED ACTION(S): 1. Approve the Second Amendment to the Five -Year Agreement with the City of San Juan Capistrano for law enforcement services for the term of July 1, 2022, through June 30, 2023. 2. Approve the FY 2022-23 charges for law enforcement services to the City of San Juan Capistrano in an amount not to exceed $11,750,062, for a revised cumulative contract total not to exceed $33,858,752. Delegate to the Sheriff -Coroner authority to execute written amendments to this law enforcement services agreement that increase or decrease the total FY 2022-23 cost of services by one percent or less of $11,750,062 and that do not materially change other provisions of the agreement. 4. Delegate to the Sheriff -Coroner authority to execute an amendment to this agreement to substitute the City of San Juan Capistrano's amended or new Traffic Violator Apprehension Program resolution, as long as the amendment does not materially change any other provision of this agreement. Page 1 SUMMARY: Approval of the Second Amendment to the Five -Year Agreement with the City of San Juan Capistrano will allow the Sheriff -Coroner Department to continue to provide law enforcement services to maintain the safety and welfare of residents of San Juan Capistrano. BACKGROUND INFORMATION: The City of San Juan Capistrano has been contracting with the County of Orange (County) for the Sheriff - Coroner Department (Sheriff) to provide law enforcement services since 1961. The table below notes when the Board of Supervisors (Board) approved the most recent agreements, amendments and any annual adjustment amount. Proposed law enforcement services for FY 2022-23 include the positions and service levels as noted on the table below. Position Title Captain Sergeant - Administrative Sergeants - Patrol Deputy Sheriff II - Patrol Deputy Sheriff II - Directed Enforcement Team Deputy Sheriff II - Motorcycle Deputy Sheriff II - Community Support Investigator Community Services Officer Crime Prevention Specialist Extra Help Cadet Page 2 Service Level 1.00 1.00 4.00 15.00 1.00 2.00 1.00 2.00 2.00 1.00 0.00 Amendment Number or Date Approved By Board Fiscal Year Agreement or Adjusted Amount Comments FY 2018-19 3 June 26, 2018 $10,291,020 Established service levels for FY 2018-19 FY 2018-19 n/a Adjusted January 30, 2019 $10,313,859 Adjusted as a result of ratified labor union contract negotiations FY 2019-20 4 June 25, 2019 $10,475,599 Established service levels for FY 2019-20 FY 2019-20 n/a Adjusted February 7, 2020 $10,659,841 Adjusted as a result of ratified labor union contract negotiations FY 2020-21 Agreement June 23, 2020 $10,816,378 Established service levels for FY 2020-21 FY 2021-22 1 June 22, 2021 $11,292,312 Established service levels for FY 2021-21 Proposed law enforcement services for FY 2022-23 include the positions and service levels as noted on the table below. Position Title Captain Sergeant - Administrative Sergeants - Patrol Deputy Sheriff II - Patrol Deputy Sheriff II - Directed Enforcement Team Deputy Sheriff II - Motorcycle Deputy Sheriff II - Community Support Investigator Community Services Officer Crime Prevention Specialist Extra Help Cadet Page 2 Service Level 1.00 1.00 4.00 15.00 1.00 2.00 1.00 2.00 2.00 1.00 0.00 The amendment to the agreement includes extra help services to be used as needed for Extra Help Cadet services. The total cost to the City of San Juan Capistrano for FY 2022-23 is $11,750,062, which include regional/shared staff. The Second Amendment to the Agreement costs include salaries, wages, employee benefits, services and supplies, transportation expenses, as well as division, department and County (County -Wide Cost Allocation Plan) overhead. The FY 2022-23 cost is 4.05 percent higher ($457,750) than the current fiscal year agreement amount of $11,292,312. The net increase is primarily due to updated salary and benefit changes approved by the Association of Orange County Deputy Sheriffs (AOCDS), Association of County Law Enforcement Managers (ACLEM), Orange County Managers Association (OCMA) and the Orange County Employees Association (OCEA). The AOCDS agreement was approved by the Board on October 8, 2019. The Board approved the ACLEM, OCMA and OCEA agreements on October 22, 2019.. The Body Worn Camera (BWC) program is now included as part of the cost to contract cities. The Patrol 'Video System (PVS) in car system is now integrated with the new BWC system as the In Car Video (ICV). This amendment to the agreement is submitted for approval less than 30 days prior to the start of the proposed agreement due to an extended negotiation period over the terms and conditions in the agreement, and the need to have the San Juan Capistrano City Council approval before presenting the agreement to the Board for approval. The San Juan Capistrano City Council approved this agreement at its June 7, 2022, meeting. FINANCIAL IMPACT: The City of San Juan Capistrano is responsible for 100 percent of the costs related to this agreement. Appropriations and Revenue for this agreement are included in Budget Control 060, Sheriff -Coroner FY 2022-23 Budget. Adjustments to reconcile positions and related appropriations and revenue to the adopted FY 2022-23 agreement will be requested in the FY 2022-23 Mid -Year Budget Report. STAFFING IMPACT: N/A ATTACHMENT(S): Attachment A - Second Amendment to the Agreement with San Juan Capistrano Attachment B - Redline Version of Agreement Page 3