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24-0601_ORANGE, COUNTY OF_6th Amd to Law Enforcement Agreement1 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 SIXTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS SIXTH AMENDMENT TO AGREEMENT, entered into this First day of June 2024, 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, 2024, that certain Agreement between the parties commencing July 1, 2020, hereinafter referred to as the "Agreement". 1. For the period July 1, 2024 through June 30, 2025, REGULAR SERVICES BY COUNTY, Subsection C-4 of the Agreement is amended to read as follows: "C-4. The level of service, other than for licensing, to be provided by the COUNTY for the period July 1, 2024 through June 30, 2025, is set forth in Attachment A. 2. For the period July 1, 2024 through June 30, 2025, PAYMENT, Subsections G-2, G -3a, G -3b, G-5, G-6, and G-8, of the Agreement are amended to read as follows: "G-2. Unless the level of service as set forth in Attachment A, is increased or decreased by mutual agreement of the parties, or CITY is required to pay for increases as set forth in Subsection G-3, the Maximum Obligation of CITY for services, other than Licensing Services, to be provided by the COUNTY for the period July 1, 2024 through June 30, 2025 shall be $13,509,666, as set forth in Attachment C. The overtime costs included in the Agreement are only an estimate. SHERIFF shall notify CITY of actual overtime worked during each fiscal Page 1 of 7 1 2 3 4 5 a 7 a s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 year. If actual overtime worked is above or below budgeted amounts, billings will be adjusted accordingly at the end of the fiscal year. Actual overtime costs may exceed CITY's Maximum Obligation. G -3a. At the time this Agreement is executed, there may be unresolved issues pertaining to potential changes in salaries and benefits for COUNTY employees. The costs of such potential changes are not included in the FY 2024-25 cost set forth in Attachment C nor in the FY 2024-25 Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. If the changes result in the COUNTY incurring or becoming obligated to pay for increased cost 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-2 of this Agreement, the full costs of said increases to the extent such increases to the extent such increases are attributable to work performed by such personnel during the period July 1, 2024 through June 30, 2025, 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, 2024 and June 30, 2025 remaining after COUNTY notifies CITY that increases are payable. If the changes result in the COUNTY incurring or becoming obligated to pay for decreased costs for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, COUNTY shall reduce the amount owed by the CITY to the extent such decreases are attributable to work performed by such personnel during the period July 1, 2024 through June 30, 2025, and CITY's Maximum Obligation hereunder shall be deemed to have decreased accordingly. COUNTY shall reduce required payment by CITY in full for such decreases on a pro -rata basis over the portion of the period between July 1, 2024 and Page 2 of 7 1 2 3 4 5 6 7 8 s 10 11 12 13 14 15 16 17 18 1s 20 21 22 23 24 25 26 27 28 June 30, 2025 remaining after COUNTY notifies CITY that the Maximum Obligation has decreased. G -3b. If CITY is required to pay for increases as set forth in Subsection G -3a above, COUNTY, at the request of CITY, will thereafter reduce the level of service to be provided to CITY as set forth in Attachment C of this Agreement to a level that will make the Maximum Obligation of CITY hereunder for the period July 1, 2024 through June 30, 2025 an amount specified by CITY that is equivalent to or higher than the Maximum Obligation set forth in Subsection G-2 for said period at the time this Agreement 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 or lower 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 this Agreement so providing. Decisions aoout now to leoucc L11W service provided to CITY shall be made by SHERIFF with the approval of CITY. G-5. 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-2 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, 2024 and June 30, 2025. G-6. CITY shall pay COUNTY in accordance with COUNTY Board of Supervisors' approved County Billing Policy, Attachment D. Payments made electronically via a credit card or through a banking system that charges Merchant Fees, Service Fees, or any other Fees shall be the responsibility of the City. If the County is charged any of the before mentioned fees, the City shall be responsible for payment of these fees to the County. Page 3 of 7 1 2 3 4 5 s 8 9 10 11 12 13 14 15 18 n 18 19 20 21 22 23 24 25 25 27 28 G-8. As payment for the Licensing Services described in Subsection C-8 of this Agreement, COUNTY shall retain all fees paid by applicants to the County for licenses, pursuant to CITY ordinances listed in Attachment B. Retention of said fees by COUNTY shall constitute payment in full to COUNTY for costs incurred by COUNTY in performing the functions related to licensing described in Subsection C-8; provided, however, that if any of said fees are waived or reduced by CITY, CITY shall pay to COUNTY the difference between the amount of fees retained by COUNTY and the fees that were set forth in the ordinances listed in Attachment B as of July 1, 2024. Should CITY increase the fee schedule for the licensing ordinances set forth in Attachment B, either party shall have the right to seek amendment of this Agreement with respect to the division of the increased fees between CITY and COUNTY." 13. For the period July 1, 2024 through June 30, 2025, SECTION P EQUIPMENT of the Agreement is added to read as follows: "1. As part of the law enforcement services to be provided to CITY, COUNTY shall purchase motorcycles and radios that meet certain law enforcement standards as determined by the COUNTY (hereinafter "Equipment"). 2. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of Equipment, b) recurring costs, c) the costs of maintenance, and d) replacement and upgrade of such Equipment when they become functionally or technologically obsolete, as deemed necessary by COUNTY. The costs to be paid by CITY are included in the costs set forth in Attachment B and the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement 3. The Equipment purchased by the COUNTY for services to the CITY shall be the property of the County. 4. Radios and motorcycles previously purchased by the CITY for COUNTY law enforcement services to the CITY shall be the property of and maintained by the Page 4 of 7 1 2 3 4 5 6 7 8 s 10 11 12 13 14 15 16 17 18 1s 20 21 22 23 24 25 26 27 28 CITY. Notwithstanding Subsection L of this Agreement, COUNTY shall be responsible to CITY for any damage to CITY radios and motorcycles caused by COUNTY's act or omission." 4. Effective July 1, 2024, Attachments A and B are amended as attached hereto. Attachments A and B are incorporated into this agreement by reference. 5. All other provisions of the Agreement, to the extent that they are not in conflict with this SIXTH AMENDMENT TO AGREEMENT, remain unchanged. Page 5 of 7 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 SIXTH AMENDMENT TO AGREEMENT in the County of Orange, State of California. DATED: 1 '- CITY OF SAN JUAN CAPISTRANO ATTEST: Cit BY'. APPROVED AS TO FORM: City Attorney DATED: COUNTY OF ORANGE BY: Chairman of the B and of Supervisors County of Orange, California SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD PER G.C. Sec. 25103, Reso 79-1535 Attest: Robin Stieler Clerk of the Board County of Orange. California APPROVED AS TO FORM: Office of the County Counsel County of Orange, California Decu919neG q' BY 1-3r't5's,o,iputy DATED Page 6 of 7 5/22/2024 ATTACHMENT A ORANGE COUNTY SHERIFF -CORONER FY 2024-26 LAW ENFORCEMENT CONTRACT CITY OF SAN JUAN CAPISTRANO "REGULAR SERVICES BY COUNTY" (Subsection C-4) LEVEL OF SERVIGE PKUv1UtU esi am=rarr. Frequency Title Detail Ouantiry MANAGEMENT: TRAFFIC: 0.60 Captain Sergeant 1.00 SUPERVISION: Investigator 4.00 each, 80 hrs./ per two wk. pa rind Sergeant Patrol 1.00 I 80 hrs./ EHI pay period Sergeant I Administrative Traffic 2.00 INVESTIGATION SERVICES: Office Specialist 2.00 each, 80 hrsJ per two wk. pay period Investigator AUTO THEFT: PATROL AND TRAFFIC SERVICES•: 17.00 each, 80 hrs./ er two wk. a period DeputySheriff 11 -Patrol Patrol 2.OD each, 80 hrs./ per two wk. pay period Deputy Sheriff II -Motor I Motorcycle Investigative Assistant Auto Theft ADDITIONAL SERVICES': 6.29% Office Specialist Auto Theft community Services Officer Parking Control 2.00 each, 80 hrs./ per two wk. pay period Deputy.Sheriff II Homelessness Liason Officer 1.00 80 hrs./ per two wk. pay penotl 1.00 DET 1.00 80 hrs./ per two wkpay period Deputy Sheriff 11 4.42% Investigator 1,039 hours Cadet 6d2 Help COURTS: TOTAL 31.00 Deployment to be determined by SHtwrr in cooperaucn wun U1 I 1 REGIONAL / SHAKtU s t At -P: Quantlty % Allocation Title Regional Team TRAFFIC: 0.60 6.95% Sergeant Traffic 6.95% Investigator Traffic 1.00 Deputy Sheriff 11 Traffic 3.00 6.95% Investigative Assistant Traffic 2.00 6.95% Office Specialist Traffic 1.00 6.95% AUTO THEFT: 629% Sergeant Auto Theft 0.30 Investigator Auto Theft 2.00 6.29% Investigative Assistant Auto Theft 1.00 6.29% Office Specialist Auto Theft 1.00 629% DET• DET 1.00 4.42% —Semeant 1.00 4.42% Investigator DET COURTS: 2.00 17.63% Investi• ative Assistant Courts MOTORCYCLE shared Su eryislon ,. Sergeant motorcyle Supervision 1.00 7.55% TOTAL - 16.90 1 F°pid1 ATTACHMENT C ORANGE COUNTY SHERIFF -CORONER FY 2024-25 LAW ENFORCEMENT CONTRACT CITY OF SAN JUAN CAPISTRANO "PAYMENT" (Subsection G-2) GUSd UY StKVIt.eD rrcawrury o. u Title Detail Ouanti Cost Of (each) Cost of Service T211 MANAGEMENT• Costa TRAFFIC: Captain 1.00 S 577,432 S 517.432 SUPERVISION: 6.95% 5 20,251 Inv6sliptor se earl Patrol 4.00 $- 406.174 1 S 1624,696 Sergeant AdMnislraive 1.00 $ 406.174 1 S 406,174 INVESTIGATION SERVICES: Investigative Assistant Officz, Specialaft Traffic Traffic 2.00 1.00 6.95% .6.95% Investigator 24,090 9,097 2.00 $ 389,168 S 778.335 PATROL AND TRAFFIC SERVICES: sergeant Auto Theft De Sheriff 11 -Patrol Deputy Sheriff 11 -Motor Pana 17.00 if 2.00 S 332,009 S 342.744 $ 5.644,153 IS 685,488 ADDITIONAL SERVICES: 2.00 6.29% $ 48.393 Invesbilative Assistant Auto Theft 1.0D 6.29% S Community Services Officer Parkin Control 2.00 $ 150063 S 300,126 De Sheriff II Homelossness Llason Office: 1.00 $ 332.009 $ 332,009 Deputy Sheriff it Cadet DET Extra Help 1.00 $ 332,009 S 332,009 s 37.900 TOTAL POSITIONS 4.42% 1 31.00 22,391 1 S 10652323 KCl51uNHL r JMAKCu.a TDIe Regional Team I Quantity */6 Allocation Costa TRAFFIC: Sergeant Traffic 0.60 6.95% 5 20,251 Inv6sliptor Traffic 1.00 6.95% S 24,445 Depuly Sheriff 11 Traffic 4.00 6.95% S 85,082. Investigative Assistant Officz, Specialaft Traffic Traffic 2.00 1.00 6.95% .6.95% $ S 24,090 9,097 AUTO THEFT: sergeant Auto Theft 1 0.30 6.29% S 9,157 Invese atw Auto Theft 2.00 6.29% $ 48.393 Invesbilative Assistant Auto Theft 1.0D 6.29% S 10,1744 Office Speclalat Aub Thai 7.00- 8.29°A $ 8,264 DET: Sergeant DET 1.00 4.42% $. 22,391 Investi atw DET 1 1.00 4.42x% S 19,977 COURTS:'Investigative Assistant Courts 1 2.00 17.63% $ 56,276 RCYCLE sha7ed Su ervlsion( - Moro le Supervision 1.00 33,838MOO TOTAL REGIONALISHARED 17.90 $ 372106 OTHER CHARGES AND CREDITS (Subsection G-2): OTHERCHARGES: Other Chances indudo: Annual leave Paydowns and oppodgnment of cast of leave balances paid at end ofempbymenl; Body Worn Camera (BWC) and In CaiYdeo (ICV): an (1) Blade and Mae Patrol Vat12m Including equipment; wnhad administration; data fine charges: E- eaagon recurring com for twa (2) upas; Enhanced heficapleiresponse seniors; fecal lease: hogday Pay; Integrated Las d Jusfoaor Orange County fees; Mobire Dour Consular OMOC) MMOM9 cast for ninetomr 09) unaa Eve ane: patrol Vawm ona'dowgon: Premium pay for bFmgual staff, education blcen0ve pay, on-cag par, nrvieee and supp9es; and transportation charges. CREDITS: QCdlb iicludb: A13109 (2011 Pubao Safely Realingment); eslinraled vacancy credits; false alarm fees reimbursement; reimaursement for tr Mhg and mbcetlaneous programs; rambumement for resgWBon. TOTAL OTHERCHARGES AND CREDITS _ . S'2,485,238 TOTAL COST OF SERVICES (subsection G-2) - 5-131609,666 Page t dl