15-0701_ORANGE, COUNTY OF_Agenda Report F2TO:
FROM:
City of San Juan Capistrano
Agenda Report
DATE: June 15, 2015
6/15/2015
F2
SUBJECT: Consideration of a Law Enforcement Agreement with the County of
Orange (Orange County Sheriff's Department)
RECOMMENDATION:
By motion, approve the Five-Year Law Enforcement Agreement with the County of
Orange and the first year financial obligation of $8,453,930, from July 1, 2015, to June
30, 2016.
EXECUTIVE SUMMARY:
The City of San Juan Capistrano has contracted with the County of Orange for law
enforcement services since incorporating in 1961. The proposed new Five-Year Law
Enforcement Agreement replaces the current Agreement that expires on June 30, 2015.
The recommendation is for approval of the Five-Year Law Enforcement Agreement with
the County of Orange and the first year financial obligation of $8,453,930, from July 1,
2015, to June 30, 2016. The proposed Agreement recommends changes in the number
of shared staffing resources and includes a cost increase of $584,070 or 7.42%, over
the Fiscal Year 2014-2015 Agreement, due to increases in wages, shared and regional
positions and workers' compensation and liability costs (Attachment 1 ).
DISCUSSION/ANALYSIS:
In 2010, the City of San Juan Capistrano and the County of Orange entered into a five
(5) year agreement for law enforcement services, which expires on June 30, 2015. The
proposal is a new Five-Year Law Enforcement Agreement, which requires the County to
submit a proposed staffing level and financial obligation each year to the City Council
for approval.
City Council Agenda Report
June 15, 2015
Page 2 of 4
The Fiscal Year 2014-2015 direct staffing level of 30 full-time Orange County Sheriff's
employees is the same for Fiscal Year 2015-2016. The City also shares law
enforcement resources with other South Orange County Cities . In Fiscal Year 2015-
2016, the City will share resources of 17.40 full-time employees. The additional 2.05
employees are added for a Direct Enforcement Team and an additional 0.50 allocation
for a traffic Sergeant. The Direct Enforcement Team is a plain clothes unit that focuses
on high priority crimes and was formerly allocated as division overhead . The shared
staff hours and costs allocated to the City of San Juan Capistrano in Fiscal Year 2015-
2016 are equivalent to 1.33 full time employees.
The chart below depicts the City's dedicated and shared law enforcement resources.
Fiscal Year Fiscal Year
Dedicated Staff 2014-2015 2015-2016 Change Responsibilities
Lieutenant 1.00 1.00 -Chief of Police Services
Sergeant 4.00 4.00 -Patrol
Sergeant 1.00 1.00 -Administration
Investigator 2.00 2.00 -Criminal Investigations
Deputy Sheriff 14.00 14.00 -Patrol
Deputy Sheriff 1.00 1.00 -Special Enforcement Unit
Deputy Sheriff 3.00 3.00 -Motor Cycle -Traffic Enforcement
Deputy Sheriff 1.00 1.00 -School Resource Officer
Crime Prevention Specialist 1.00 1.00 -Crime Prevention
Community Services Officer 2.00 2.00 -Parking Enforcement
Total Dedicated Staff 30.00 30.00 -
Shared Staff Fiscal Year Fiscal Year
Percent Allocated to City 2014-2015 2015-2016 Change Responsibilities
Sergeant (7. 91 % of 0.60) 0.55 0.60 0.05 Traffic
Deputy Sheriff (7.91 % of 4.00) 4.00 4.00 -Traffic
Investigative Assistant (7.91% of 2.00) 2.00 2.00 -Traffic
Office Specialist (7.91% of 1.00) 1.00 1.00 -Traffic
Sergeant (5.38% of 0.30) 0.30 0.30 -Auto Theft
Investigator (5.38% of 2.00) 2.00 2.00 -Auto Theft
Investigative Assistant (5.38% of 1.00) 1.00 1.00 -Auto Theft
Office Specialist (5.38% of 1.00) 1.00 1.00 -Auto Theft
Sergeant (12.21% of 1.00) -1.00 1.00 Direct Enforcement Team
Investigator (12.21 % of 1.00) -1.00 1.00 Direct Enforcement Team
Office Specialist (6.97% of 1.00) -1.00 1.00 Subpoena
Investigative Assistant (13.86% of 1.00) 3.00 2.00 (1.00) Court
Sergeant (9.38% of .50) 0.50 0.50 -Motorcycle -Traffic Enforcement
Total Shared Staff 15.35 17.40 2.05
City Council Agenda Report
June 15, 2015
Page 3 of 4
In addition to the resources listed above, the Orange County Sheriff's Department
provides the City with specialized resources, such as, Special Weapons and Tactics
Teams (SWAT), Mounted Enforcement Units, a Homicide Investigation Unit,
investigation units that specialize in economic crimes and gang suppression and the
Orange County Sheriff's Reserves.
The Orange County Sheriff's Reserves provide the City with increased law enforcement
services to support special events and work side by side with San Juan Capistrano
Deputies as part of their daily patrol. In 2014, the Administrative Sergeant began
overseeing the City's Associated Senior Action Program.
FISCAL IMPACT:
The first year financial obligation of the Five-Year Law Enforcement Agreement
between the City of San Juan Capistrano and the County of Orange is $8,453,930 from
July 1, 2015, to June 30, 2016 which is a $584,070 or 7.42% increase over the Fiscal
Year 2014-2015 Agreement amount. The anticipated increase was $517,895 and was
included in the Adopted Fiscal Year 2015-2016 Budget. The additional $66,175
increase has been included in the Fiscal Year 2015-2016 Mid-Term Budget Update.
The table below lists the yearly cost of the prior Five-Year Law Enforcement Agreement
and the first year cost of the proposed new Agreement.
Dedicated Cost
Fiscal Year Staff Annual Cost Increase
2015-2016 30 $ 8,453,930 7.42%
2014-2015 30 $ 7 869,860 4.00%
2013-2014 30 $ 7,550,296 2.72%
2012-2013 30 $ 7,350,362 2.68%
2011-2012 30 $ 7,158,471 0.38%
2010-2011 30 $ 7,131 141
ENVIRONMENTAL IMPACT:
Not applicable.
PRIOR CITY COUNCIL REVIEW:
• On June 17, 2014, the City Council approved the Fifth Amendment to the Five-
Year Agreement for Law Enforcement Services between the City of San Juan
Capistrano and the County of Orange.
City Council Agenda Report
June 15, 2015
Page 4 of 4
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
Lt. Scott Spalding, Chief of Police Services
ATTACHMENT:
Attachment 1 -Five-Year Agreement for Law Enforcement Services
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FIVE-YEAR AGREEMENT
BETWEEN THE
CITY OF SAN JUAN CAPISTRANO
AND THE
COUNTY OF ORANGE
THIS AGREEMENT, enter~d into this First day of May 2015, which
8 date is enumerated for purposes of reference only, by and between the CITY OF
9 SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and the COUNTY OF
10 ORANGE, a political subdivision of the State of California, hereinafter referred to as
11 "COUNTY."
12 WITNESSETH:
13 WHEREAS, CITY wishes to contract with COUNTY for law
14 enforcement services; and
15 WHEREAS, COUNTY is agreeable to the rendering of such services,
16 as authorized in Government Code Sections 51301 and 55632, on the terms and
17 conditions hereinafter set forth.
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NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
Page 1 of 26
TABLE OF CONTENTS
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3 SECTION PAGE
4 A. Term 3
5 B. Optional Termination 3
6 c. Regular Services by COUNTY 3
7 D. Enhanced and Supplemental Services by County 7
8 E. Patrol Video Systems 9
9 F. Licensing Services by CITY 11
10 G. Payment 11
11 H. Notices 17
12 I. Status of COUNTY 18
13 J . State Audit 18
14 K. Alteration of Terms 19
15 L. Indemnification 19
16 M. Traffic Violator Apprehension Program 20
17 N. Mobile Data Computers 23
18 0. E-Citation Units 24
19 Signature Page 26
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Page 2 of 26
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TERM:
The term of this Agreement shall be for five (5) years, commencing July 1 ,
2015 and terminating June 30, 2020, unless earlier terminated by either party
in the manner set forth herein.
OPTIONAL TERMINATION:
COUNTY or CITY may terminate .this Agreement, without cause, upon one-
hundred and eighty (180) days written notice to the other party.
REGULAR SERVICES BY COUNTY:
1. COUNTY, through its Sheriff-Coroner and deputies, officers and
employees, hereinafter referred to as "SHERIFF," shall render to CITY law
enforcement services as hereinafter provided. Such services shall include
the enforcement of lawful State statutes and lawful municipal ordinances of
CITY other than licensing ordinances.
2. The night, day and evening patrol and supervisory shifts will be established
by SHERIFF. Personnel of each shift may work varying and different times
and may be deployed to other shifts when, in the opinion of SHERIFF and
CITY Manager, the need arises. Any long-term shift deployment change
will be reported to the City Council.
3. Each fiscal year, COUNTY shall submit to CITY, in writing, a
recommended level of service for the following fiscal year. CITY shall
remit to COUNTY, in writing, its response to the recommended level of
service. If the parties are unable to agree by June 30 of any fiscal year on
the level of service to be provided by COUNTY to CITY or on the amount
to be paid by CITY for services to be provided by COUNTY for the
following fiscal year, this Agre~ment will terminate as of September 30 of
the following fiscal year. If the parties do not agree by June 30 on the level
of service and cost of service for the following fiscal year, between July 1
and September 30 of the following fiscal year, COUNTY will provide
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c. REGULAR SERVICES BY COUNTY: (Continued)
2 the level of service provided in preceding fiscal year, and CITY shall be
3 obligated to pay the costs of such services. The full cost of such services
4 may exceed the cost of similar services provided in the prior fiscal year.
5 4. The level of service, other than for licensing, to be provided by the
6 COUNTY for the period July 1·, 2015 through June 30, 2016, shall be as
7 follows:
8 Management:
9 • One (1) Lieutenant
10 Supervision:
11 • Four (4) Sergeants-Patrol
12 (each 80 hours per two week pay period)
13 • One (1) Sergeant-Administrative
14 (80 hours per two-week pay period)
15 Investigation Services:
16 • Two (2) Investigators
17 (each 80 hours per two-wee.k pay period)
18 PatrolfTraffic Services:
19 • Fourteen ( 14) Deputy Sheriff lis -Patrol
20 (each 80 hours per two-week pay period)
21 • One (1) Deputy Sheriff II -Special Enforcement
22 (Directed Enforcement Team-DET)
23 (80 hours per two-week pay period)
24 • Three (3) Deputy Sheriff lis -Motorcycle
25 (each 80 hours per two-week pay period)
26 Deployment to be determined by SHERIFF in cooperation with CITY
27 manager.
28 II
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REGULAR SERVICES BY COUNTY: (Continued)
Community Support Unit:
• One (1) Deputy Sheriff II
(80 hours per two-week pay period)
• One (1) Crime Prevention Specialist
(80 hours per two-week pay period)
Parking Control:
• Two (2) Community Services Officers
(each 80 hours per two-week pay period)
Regional/ Shared Staff:
• 7.91 percent of sixty one hundredths of one (0.60) Sergeant-Traffic
• 7.91 percent of four (4) Deputy Sheriff lis-Traffic
• 7.91 percent of two (2) Investigative Assistants-Traffic
• 7.91 percent of one (1) Office Specialist-Traffic
• 5.38 percent of thirty one hundredths of one (0.30) Sergeant -
Auto Theft
• 5.38 percent of two (2) Investigators-Auto Theft
• 5.38 percent of one (1) Investigative Assistant-Auto Theft
• 5.38 percent of one (1) Office Specialist-Auto Theft
• 12.21 percent of one (1) Sergeant-Directed Enforcement Team (DET)
• 12.21 percent of one (1) Investigator-Directed Enforcement Team (DET)
• 6.97 percent of one (1) Office Specialist-Subpoena
• 13.86 percent of two (2) Investigative Assistants -Court
• 9.38 percent of one half of one (0.50) Motorcycle Sergeant
5. For any service listed in Subsection C-4 of this Agreement that is provided
to CITY at less than 100% of a full-time SHERIFF position, COUNTY
retains the option to terminate such service in the event the other city or
cities which contract(s) for the balance of the time of the employee
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c. REGULAR SERVICES BY COUNTY: (Continued)
providing the service no longer pay(s) for such service and CITY does not
request the Agreement be amended to pay 1 00% of the cost of the
employee providing such service. The Maximum Obligation of CITY set
forth in Subsection G-3 will be adjusted accordingly.
6. All services contracted for in this Agreement may not be operational on the
precise date specified in this Agreement. In those instances, SHERIFF
shall notify CITY Manager of the date or dates such service or services are
to be implemented. SHERIFF shall reduce the monthly charges to CITY,
based on the actual date of implementation of the service or services.
Charges shall be reduced on the next monthly billing tendered in
accordance with Subsection G-6 of this Agreement.
7. During emergencies, such as a mutual aid situation, SHERIFF will attempt
to leave in CITY the Lieutenant in charge of CITY Police Services. If
SHERIFF determines that the Lieutenant is needed elsewhere, SHERIFF
will notify CITY's Manager within four (4) hours. SHERIFF will return the
Lieutenant to CITY as soon as possible once the emergency situation is
under control.
8. With respect to the licensing ordinances of CITY listed in Attachment A
hereto, which is incorporated . herein by this reference, SHERIFF shall
receive applications for CITY licenses pursuant to said ordinances and
complete investigations relating to such applications. Said investigations
shall be forwarded to CITY Manager. COUNTY shall not provide any
advisory, administrative, hearing or litigation attorney support or services
related to licensing. COUNTY shall not provide any administrative or
investigatory services related to the licensing ordinances listed in
Attachment A, hereto, except the investigations relating to initial
applications for which this subsection provides.
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D.
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REGULAR SERVICES BY COUNTY: (Continued)
9. COUNTY or CITY, upon thirty (30) days notice and mutual written
agreement, shall increase or decrease the service levels provided herein,
and the obligation of CITY to pay for services shall be concomitantly
adjusted.
ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY:
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 Maximu'm Obligation of CITY set forth in Subsection
G-3 of this Agreement. SHERIFF shall bill CITY immediately after each such
event.
Supplemental services for occasional events operated by private individuals
and entities on non-CITY property. At the request of CITY, through its City
Manager, and within the limitations set forth in this subsection D-2, SHERIFF
may provide supplemental law enforcement services to preserve the peace at
special events or occurrences th~t occur on an occasional basis and are
operated by private individuals or private 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 the normal and regular ongoing
services that SHERIFF otherwise would provide to CITY pursuant to this
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ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued)
Agreement. Such supplemental services shall be provided only by regularly
appointed full-time peace officers, at rates of pay governed by a Memorandum
of Understanding between COUNTY and the bargaining unit(s) representing
the peace officers providing the services. Such supplemental services shall
include only law enforcement duties and shall not include services authorized
to be provided by a private patrol operator, as defined in Section 7582.1 of the
Business and Professions Code. Law enforcement support functions,
including, but not limited to, clerical functions and forensic science services,
may be performed by non-peace officer personnel if the services do not
involve patrol or keeping the peace and are incidental to the provision of law
enforcement services. CITY shall reimburse COUNTY its full, actual costs of
providing such supplemental servi.ces 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.
Supplemental services for events operated by 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
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D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued)
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
4 set forth in Subsection G-3 of this Agreement. SHERIFF shall bill CITY
5 immediately after each such event..
6 4. Notwithstanding the foregoing, CITY, through its permit process, may utilize the
7 services of SHERIFF at events, for which CITY issues permits, that are
8 operated by private individuals or entities or public entities. SHERIFF shall
9 determine personnel and equipment needed for said events. If said events
10 are in addition to the level of services listed in Subsection C-4 of this
11 Agreement, CITY shall reimburse COUNTY for such additional services at an
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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.
In accordance with Government Code 51350, COUNTY has adopted Board
Resolution 89-1160 which identifies Countywide services, including but not
limited to helicopter response. SHERIFF through this contract provides
enhanced helicopter response services. The cost of enhanced helicopter
response services is included in the cost of services set forth in Subsection G-
2 and in the Maximum Obligation of CITY set forth in Subsection G-3.
COUNTY shall not charge any additional amounts for enhanced helicopter
services after the cost of services set forth in Subsection G-2 and in the
Maximum Obligation set forth in S.ubsection G-3 has been established in any
fiscal year without written notification to the CITY.
PATROL VIDEO SYSTEMS:
1. As part of the law enforcement services provided to CITY, COUNTY has
provided, or will provide patrol video systems (hereinafter called "PVS")
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E. PATROL VIDEO SYSTEMS: (Continued)
that will be mounted in the patrol vehicles designated by COUNTY for use
within CITY service area.
2. SHERIFF has the exclusive right to use said PVS for law enforcement
services related to this Agreement.
3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and
installation of Patrol Video Systems that are or will be mounted in patrol
vehicles 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 PVS when they become functionally or
technologically obsolete.
The costs to be paid by CITY for recurring costs, including maintenance and
replacement/upgrade of PVS, 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 PVS during the period July 1, 2015 through June 30, 2016.
4. If, following the initial acquisition of PVS referenced above, CITY requires
PVS for additional patrol cars designated for use in the CITY service area,
COUNTY will purchase said additional PVS. Upon demand by COUNTY,
CITY will pay to COUNTY a) the full costs of acquisition and installation of
said additional PVS, and b) the full recurring costs for said PVS, as deemed
necessary by COUNTY, including the costs of maintenance, and
contributions to a fund for replacement and upgrade of such PVS when they
become functionally or technologically obsolete. Said costs related to
additional PVS 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.
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PATROL VIDEO SYSTEMS: (Continued)
5. County will replace and/or upgrade PVS as needed. The costs of
replacing/upgrade PVS shall be paid by COUNTY from the
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 PVS.
LICENSING SERVICES BY CITY:
Upon receipt from SHERIFF of ·investigations of applications for licenses
referred to in Subsection C-8 of this Agreement, CITY Manager shall
determine whether to grant or deny the licenses and will issue the licenses or
notify the applicants of denial. CITY shall provide all attorney services related
to the granting, denial, revocation ·and administration of said licenses and the
enforcement of CITY ordinances pertaining to said licenses.
PAYMENT:
1. Pursuant to Government Code Section 51350, CITY agrees to pay to
COUNTY the full costs of performing the services mutually agreed upon in
this Agreement. The cost of services includes salaries, wages, benefits,
mileage, services, supplies, equipment, and divisional, departmental and
COUNTY General overhead.
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 Licensil"!g Services, to be provided by the COUNTY
for the period July 1, 2015 through June 30, 2016, shall be as follows:
SERVICE
Management:
• One (1) Lieutenant
@ $319,245/e~ch
Page 11 of 26
COST OF SERVICE
$ 319,245
G. PAYMENT: (Continued)
2 SERVICE COST OF SERVICE
3 Supervision:
4 • Four (4) Sergeants-Patrol
5J @ $277,869/each $ 1 '111 ,476
6 • One (1) Sergeant-Administrative
7 @ $277,869/each $ 277,869
8 Investigation Services:
9 • Two (2) Investigators
10 @ $275,999/each $ 551,998
11 Patrol/Traffic Services:
12 • Fourteen (14) Deputy Sheriff lis-Patrol
131 @ $230, 739/each $ 3,230,346
14 • One ( 1) Deputy Sheriff II -Special Enforcement
15 (Directed Enforcement Team-DET)
16 @ $230, 739/each $ 230,739
17 • Three (3) Deputy Sheriff lis-Motorcycle
18 @ $235,922/each $ 707,766
19 Community Support Unit:
20 • One (1) Deputy Sheriff II
21 @ $230,739/each $ 230,739
22 • One (1) Crime Prevention Specialist
23 @ $92,906/each $ 92,906
24 Parking Control:
25 • Two (2) Community Services Officers
26 @ $114,356/each $ 228,712
27 II
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G. PAYMENT: (Continued)
2 SERVICE COST OF SERVICE
3 Regional/ Shared Staff:
4 • 7.91% of sixty one hundredths of one (0.60) Sergeant-Traffic
5 @ ~281 ,2891each $ 13,350
6 • 7.91% of four (4) Deputy Sheriff lis-Traffic
7 @ 245, 7061each $ 77,741
8 • 7.91% of two (2) Investigative Assistants-Traffic
9 @ $115,0741each $ 18,205
10 • 7.91% of one (1) Office Specialist-Traffic
11 @ $92,9281each $ 7,351
12 • 5.38% of thirty one hundredths of one (0.30) Sergeant -Auto Theft
13 @ $280,5131each $ 4,527
14 • 5.38% of two (2) Investigators-Auto Theft
15 @ $251 ,0351each $ 27,011
16 • 5.38% of one (1) Investigative Assistant-Auto Theft
17 @ $119,2651each $ 6,416
18 • 5.38% of one (1) Office Specialist-Auto Theft
19 @ $91 ,9801each $ 4,949
20 • 12.21% of one (1) Sergeant-Directed Enforcement Team (DET)
21 @ $379,8541each $ 46,380
22 • 12.21% of one (1) Investigator-:-Directed Enforcement Team (DET)
23 @ $300,9611each $ 36,747
24 • 6.97% of one (1) Office Specialist-Subpoena
25 @ $84,7961each $ 5,910
26 • 13.86% of two (2) Investigative Assistants-Court
27 @ $116,7321each $ 32,358
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PAYMENT: (Continued)
SERVICE COST OF SERVICE
• 9.38% of one half of one (0.50).Motorcycle Sergeant
@ $308,4961each
Other Charges and Credits:
$ 14,468
$ 1,176,721
Charges: Annual leave paydowns and apportionment of cost of
leave balances paid at end of employment; premium pay for
bilingual staff; contract administration; data line charges; direct
services and supplies; E-citation; enhanced helicopter response
services; facility lease; holiday pay: comp and straight time;
Integrated Law & Justice Agency of Orange County; mobile data
computer (MDC) recurring costs; on-call pay; overtime; patrol
training cost allocation; patrol video system (PVS) recurring costs;
retirement rate discount expenses (interest and cost of issuance);
training; transportation costs including vehicle fuel, mileage
interest for replacement vehicles and maintenance.
Credits: Local assistance funding; false alarm fees; overtime rate
adjustment; reimbursement for training and miscellaneous
programs; retirement rate discount FY 2015-16.
TOTAL COST OF SERVICES $ 8.453.930
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, 2015 and June 30, 2016, is
$8,453,930.
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G. PAYMENT: (Continued)
4-a. At the time this Agreement is executed, there are 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 2015-16 cost set forth in subsection G-2 nor in the FY 2015-16
Maximum Obligation of CITY set forth in Subsection G-3 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-3 of this Agreement, the full costs of said increases to the
extent such increases to the are attributable to work performed by such
personnel during the period July 1, 2015 through June 30, 2016, 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 , 2015
and June 30, 2016 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 , 2015 through June 30, 2016, 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 , 2015 and June 30, 2016 remaining after COUNTY notifies CITY that
the Maximum Obligation has decreased.
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G.
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PAYMENT: (Continued)
4-b. If CITY is required to pay for increases as set forth in Subsection G-4a
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
Agreement to a level that will make the Maximum Obligation of CITY
hereunder for the period July 1, 2015 through June 30, 2016 an amount
specified by CITY that is equivalent to or higher than the Maximum
Obligation set fort~ in Subsection G-3 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 about how to reduce the level
of service provided to CITY shall be made by SHERIFF with the approval
of CITY.
5. The Maximum Obligation of CITY for services provided for the 12-month
periods commencing July 1, 2016, 2017, 2018 and 2019, will be
determined annually by COUNTY and approved by CITY.
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, 2015 and June 30, 2016.
7. CITY shall pay COUNTY in accordance with COUNTY Board of
Supervisors' approved County Billing Policy, which is attached hereto as
Attachment B, and incorporated herein by this reference.
Page 16 of 26
G. PAYMENT: (Continued)
2 8. COUNTY shall charge CITY late payment penalties in accordance with
3 County Billing Policy.
4 9. As payment for the Licensing Services described in Subsection C-8 of this
5 Agreement, COUNTY shall retain all fees paid by applicants for licenses,
6 pursuant to CITY ordinances listed in Attachment A hereto. Retention of
7 said fees by COUNTY shall constitute payment in full to COUNTY for costs
8 incurred by COUNTY in performing the functions related to licensing
9 described in Subsection C-8; provided, however, that if any of said fees are
10 waived or reduced by CITY, CITY shall pay to COUNTY the difference
11 between the amount of fees retained by COUNTY and the fees that were
12 set forth in the ordinances listed in Attachment A as of July 1, 2015.
13 Should CITY increase the fee schedule for the licensing ordinances set
14 forth in Attachment A, either party shall have the right to seek amendment
15 of this Agreement with respect to the division of the increased fees
16 between CITY and COUNTY.
17 10. Fees generated or collected by SHERIFF contract personnel for copying of
18 documents related to the services provided in this Agreement will be at
19 COUNTY-established rates and will be credited to CITY on an annual
20 basis.
21 11. Narcotic asset forfeitures will be handled pursuant to Attachment C hereto,
22 which is incorporated herein by this reference.
23 H. NOTICES:
24 1. Except for the notices provided for in Subsection 2 of this Section, all
25 notices authorized or required by this Agreement shall be effective when
26 written and deposited in the United States mail, first class postage prepaid
27 and addressed as follows:
28 II
Page 17 of 26
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NOTICES: (Continued)
CITY: ATTN: CITY MANAGER
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
COUNTY: ATTN: CONTRACT MANAGER
SHERIFF-CORONER DEPARTMENT
320 NORTH FLOWER STREET, SUITE 108
SANTA ANA, CA 92703
2. Termination notices shall be effective when written and deposited in the
United States mail, certified, return receipt requested and addressed as
above.
STATUS OF COUNTY:
COUNTY is, and shall at all times be deemed to be, an independent
contractor. Nothing herein contained shall be construed as creating the
relationship of employer and employee, or principal and agent, between CITY
and COUNTY or any of COUNTY's agents or employees. COUNTY and its
SHERIFF shall retain all authority for rendition of services, standards of
performance, control of personnel, and other matters incident to the
performance of services by COUNTY pursuant to this Agreement. COUNTY,
its agents and employees, shall riot be entitled to any rights or privileges of
CITY employees and shall not be considered in any manner to be CITY
employees.
STATE AUDIT:
Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be
subject to examination and audit by the State Auditor for a period of three (3)
years after final payment by CITY to COUNTY under this Agreement. CITY
and COUNTY shall retain all re~ords relating to the performance of this
Agreement for said three-year period, except that records pertaining to any
Page 18 of 26
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STATE AUDIT: (Continued)
audit then in progress, or any claim or litigation shall be retained beyond said
three-year period until final resolution of said audit, claim or litigation.
ALTERATION OF TERMS:
This Agreement fully expresses all understanding of CITY and COUNTY with
respect to the subject matter of this Agreement, and shall constitute the total
Agreement between the parties for these purposes. No addition to, or
alteration of, the terms of this Agre·ement shall be valid unless made in writing,
formally approved and executed by duly authorized agents of both parties.
INDEMNIFICATION:
1. 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, den:tand or liability whatsoever based or asserted
upon the condition of any public street or work property of CITY, or upon the
illegality or 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 o·f this Agreement, for property damage, bodily
injury or death or any other element of damage of any kind or nature, and
Page 19 of 26
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INDEMNIFICATION: (Continued)
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, employees, subcontractors and independent
contractors in any legal action or claim of any kind based or asserted upon
such alleged acts or omissions.
TRAFFIC VIOLATOR APPREHENSION PROGRAM:
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
Page 20 of 26
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M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
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
TV AP resolution that is attached to this Agreement as Attachment D and
incorporated into this 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 this Agreement as Attachment D.
In the event CITY 1) amends said TVAP resolution, or rescinds said TVAP
resolution and adopts a new TV AP 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 to this
Agreement to substitute CITY's amended or new TVAP resolution for
Attachment D to the Agreement, as long as said amendment to this
Agreement does not materially change any other provision of this
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:
Page 21 of 26
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TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
• Ten one hundredths of one (0.1 0) Sergeant
(8 hours per two-week pay period)
• One (1) Staff Specialist
(80 hours per two-week pay period)
• One (1) Office Specialist
(80 hours per two-week pay period)
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) 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.
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
Page 22 of 26
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TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
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.
MOBILE DATA COMPUTERS:
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.
2. SHERIFF has the exclusive right to use said MDCs for law enforcement
services related to this 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
Page 23 of 26
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MOBILE DATA COMPUTERS: (Continued)
costs. CITY shall not be charged additional amounts for maintenance or
replacement/upgrade of said MDCs during the period July 1, 2015 through
June 30, 2016.
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's 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
MDC's, 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
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.
E-CITATION UNITS:
23 1. As part of the law enforcement services to be provided to CITY, COUNTY
24 has provided, or will provide, E-Citation units designated by COUNTY for
25 use within CITY limits.
26 2. SHERIFF has the exclusive right to use said E-Citation units for law
27 enforcement services related to this Agreement.
2a 3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of
Page 24 of 26
0. E-CITATION UNITS: (Continued)
2 E-Citation units that are assigned to CITY, and b) recurring costs, as deemed
3 necessary by COUNTY, including the costs of maintenance and contributions
4 to a fund tor replacement and upgrade of such E-Citation units when they
5 become functionally or technologically obsolete.
6 The costs to be paid by CITY for recurring costs, including maintenance and
7 replacement/upgrade of E-Citation units, are included in the costs set forth in
a Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection
9 G-3 of this Agreement unless CITY has already paid such costs. CITY shall
10 not be charged additional amounts for maintenance or replacement/upgrade
11 of said E-Citation units during the period July 1, 2015 through June 30,
12 2016.
13 4. If, following the initial acquisition of E-Citation units referenced above, CITY
14 requires E-Citation units designated for use in CITY, COUNTY will purchase
15 said additional E-Citation units. Upon demand by COUNTY, CITY will pay to
16 COUNTY a) the full costs of acquisition of said additional E-Citation units,
17 and b) the full recurring costs for said E-Citation units, as deemed necessary
18 by COUNTY, including the costs of maintenance, and contributions to a fund
19 for replacement and upgrade 'of such E-Citation units when they become
20 functionally or technologically obsolete. Said costs related to additional
21 E-Citation units are not included in, and are in addition to, the costs set forth
22 in Subsection G-2 and the Maximum Obligation of CITY set forth in
23 Subsection G-3 of this Agreement.
24 5. COUNTY will replace and/or upgrade E-Citation units as needed. The costs
25 of replacing/upgrading E-Citation units shall be paid by COUNTY from the
26 replacement/upgrade funds to be paid by CITY in accordance with the
27 foregoing. CITY shall not be charged any additional charge to replace or
28 upgrade E-Citation units.
Page 25 of 26
IN WITNESS WHEREOF, the parties have executed the AGREEMENT
2 in the County of Orange, State of California.
3 DATED: __________ _
4 CITY OF SAN JUAN CAPISTRANO
5 ATIEST: ________ _
6
City Clerk
7
BY:. ___________ _
Mayor
8
APPROVED AS TO FORM:
9
BY: ----------------10 City Attorney
11 --------------------------------------------------------------------------------------------------------------
12 DATED: ---------------
13 COUNTY OF ORANGE
14
15 BY: ------------------
16 Chairman of the Board of Supervisors
County of Orange, California
17
18 SIGNED AND CERTIFIED THAT A COPY OF THIS
19 AGREEMENT HAS BEEN DELIVERED TO THE CHAIR
OF THE BOARD PER G.C. Sec. 25103, Reso 79-1535
20 Attest:
21
Robin Stieler 22 Interim Clerk of the Board
23 County of Orange, California
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APPROVED AS TO FORM:
Office of the County Counsel
Orange County, California
BY: Y?w£< fr?dlt.A.._
Deputy
DATED:._S__,__-: ~-&-t-· ,/;_J ~---
Page 26 of 26
ATTACHMENT A
2 CITY OF SAN JUAN CAPISTRANO
3 ORDINANCE NO. 785 (5-24.01 MC)
4 ORDINANCE NO. 417 (5-18.02 MC)
5 ORDINANCE N~.869 { 9-3.503 MC)
6 LICENSING
7
8 DANCE INSTRUCTOR (NUDE)
9 DANCE STUDIO (NUDE)
10 ESCORT
11 ESCORT BUREAU
12 FIGURE MODEL (NUDE)
13 FIGURE MODEL STUDIO (NUDE)
14 GUN DEALER
15 INTERLOCUTRIX (NUDE)
16 INTRODUCTORY SERVICE
17 JUNK COLLECTOR
18 JUNK DEALER
19 MASSAGE PARLOR (Includes FBI Fees)
20 MASSAGIST (Includes FBI Fees)
21 PEDDLER
22 POOLROOM
23 PUBLIC DANCE
24 RAP SES.SION (NUDE)
25 SECONDHAND DEALER (Pawnbroker)
26 TAXICAB STAND
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04f~l0/1 !J
ATTACHMENT B
COUNTY BILLING POLICY
APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27,1992
I. POLICY
All County agencies/departments/districts (County) governed by the Board of Supervisors
shall bill contracting entities for materials and/or services provided under contract in
accordance with the following standardized billing and collection policy. Billing frequency is
dependent on whether the contract is a fixed price or actual cost contract. Payment due
date is designed to be both responsive to the County's cash flow needs and reasonable
enough as to not require special processing by the contracting entity. If payments are not
received by the required due dates, a late payment fee shall be computed and billed to the
contracting entity in accordance with the requirements of this procedure.
Nothing herein shall affect the liability, including pre-judgment interest, of the contracting
party for services or materials in as much as this is a policy to enact standard billing
practices.
II. DEFINITIONS
A. Contract for the purposes of this policy - A contract is a formal written agreement, a
purchase order from the contracting entity, or any other acceptable mutual
understanding between the contracting parties.
B. Received by the County-The phrase "received by the County", as used in Section VI of
this policy, refers to the date a payment is received by the County. It is defined as the
date the payment is in the County's possession. It is not the date the payment is posted
or deposited by the County.
Ill. FIXED PRICE CONTRACTS
A. Fixed Price (One-Time/Non-Recurring Contracts) -Invoices that represent a billing for a
one-time, non-recurring provision of materials and/or services shall be issued no later
than five (5) working days after delivery by the County of the materials and/or services.
Examples of such one-time, non-recurring provision of materials and/or services might
be a city contracting with the Sheriff for security service at a parade or sporting event; or,
a city purchasing a computer listing containing certain city-requested data. Payment due
date shall be invoice date plus 30 days.
B. Fixed Price (Ongoing/Recurring Contracts) -Invoices that represent a billing for an
ongoing, recurring provision of materials and/or services shall be issued according to the
following frequency:
1. Annual Billings that total $10,000 or less per 12-month period shall be billed via one
(1) annual invoice. Annual invoices will be issued for each 12-month period of the
contract, or portions thereof. Invoices shall be issued no later than five working days
after the beginning of each 12-month period. Payment due date shall be invoice date
plus 30 days.
Page 1 of 4
2. Quarterly Billings that are greater than $10,000 but not more than $200,000 per 12-
month period, shall be billed in quarterly installments. Quarterly invoices will be
issued representing the contract amount for each 12-month period of the contract, or
portions thereof, prorated into four (4) installments. Invoices shall be issued no later
than 30 days after the beginning of each quarter. Payment due date shall be 60 days
after the beginning of each calendar quarter.
3. Monthly Billings that are greater than $200,000 per 12-month period shall be billed in
monthly installments. Monthly invoices will be issued representing the contract
amount for each 12-month period of the contract, or portions thereof, prorated into 12
installments. Invoices shall be issued on or before the first day of each service
month. Payment due date shall be 30 days after the beginning of each service
month.
An example of a fixed price contract for ongoing, recurring provision of materials and/or
services might be a city contracting with the Sheriff for law enforcement services.
IV. ACTUAL COST CONTRACTS
A. Actual Cost (One-Time/Non-Recurring Contracts) -Invoices that represent a billing for a
one-time, non-recurring provision of materials and/or services shall be issued after
delivery by the County of the materials and/or services and no later than 15 days after
actual cost data is available. Payment due date shall be invoice date plus 30 days.
B. Actual Cost (Ongoing/Recurring Contracts) -Invoices that represent a billing for an
ongoing, recurring provision of materials and/or services shall be issued on a monthly
basis and shall represent the cost of materials and/or services provided to the
contracting entity during the previous calendar month. Such invoices shall be issued no
later than 15 days after the close of the monthly billing period. If the County
agency/department/district does not utilize a monthly billing cycle, the invoice shall be
issued no later than 15 days after actual cost data is available. Payment due date shall
be invoice date plus 30 days.
Examples of actual cost contracts for the ongoing, recurring provision of materials and/or
services might be a city contracting with the County for communications equipment
repair or waste disposal at a County landfill.
V. PAYMENT DUE DATES
Notwithstanding the provisions of Sections II and Ill above, payment due date shall be at
least invoice date plus 30 days. If the County is late in issuing an invoice, the contracting
entity would always have at least invoice date plus 30 days to pay. If the County is early in
issuing an invoice, the contracting entity would still have a payment due date of either 60
days after the beginning of the quarter (quarterly invoices) or 30 days after the beginning of
the service month (monthly invoices).
(EXAMPLES: An invoice for October service, dated and issued October 8 (late) would have
a payment due date of November 7. An invoice for August service, dated and issued July 20
(early) would have a payment due date of August 30.)
Page 2 of 4
VI. LATE CHARGES
The late payment of any invoiced amount by a contracting entity will cause the County to
incur costs not contemplated by the County/contracting entity agreement, the exact amount
of such cost will be extremely difficult to ascertain. Such costs include, but are not limited to,
costs such as administrative follow-up and processing of delinquent notices, increased
accounting costs, etc.
Late charges will be assessed in the following situations:
-Over-the-counter payments will be assessed a late charge if any payment is not received
by the County by the payment due date.
-Payments transmitted to the County via the U.S. Mail that have the payer's postage
meter mark will be assessed a late charge if any payment is not received by the County
by the payment due date plus one day.
-Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office
postmark dated after the payment due date will be assessed a late charge.
The late charge assessed in each of these situations shall be three-quarters of one percent
(0.75%} of the payment due and unpaid plus $100.00 for late payments made within 30 days
of the payment due date. An additional charge of three-quarters of one percent (0.75%} of
said payment shall be added for each additional 30-day period that the payment remains
unpaid. Late charges shall be added to the payment and invoiced to the contracting entity in
accordance with this policy.
VII. COLLECTIONS
Any invoice remaining unpaid 90 days after the invoice date shall be referred to the Auditor-
Controller for subsequent collection action, such as deduction from contracting entity
moneys on deposit with the County Treasurer in accordance with Government Code Section
907 and any other applicable provision of law. Non-payment of invoices and applicable late
charges will constitute a breach of contract for which the County retains all legal remedies
including termination of the contract.
VIII. DISCOUNT FOR EARLY PAYMENT
Any payment received by the County from a contracting entity 20 days or more before the
payment due date shall be entitled to a discount of one-quarter of one percent (0.25%). If
the contracting entity takes a discount, and the payment is received by the County less than
20 days before the payment due date, County staff shall immediately notify the contracting
entity by telephone that the discount should not have been taken and that the balance is due
by the original payment due date.
If the balance is not received by the County in accordance with the dates as specified in
Section VII, applicable late charges shall be calculated on the balance due.
Page 3 of 4
IX. DEFERRED REVENUE
At fiscal year end, any portion of revenue invoiced {not necessarily received) during the fiscal
year being closed out that represents charges or prepayment for materials and/or services
for the upcoming fiscal year shall be reclassified from a revenue account to a deferred
revenue account {liability). In the new fiscal year the deferred revenue shall be reclassified
to a revenue account. {EXAMPLE: On June 1, 19X1, a city is invoiced $48,000 which
represents charges for the 12-month period June 1, 19X1 to May 31, 19X2. The amount to
be reclassified to deferred revenue would be $44,000, representing 11/12ths of the total
amount. In July 19X1, the $44,000 would be reclassified to revenue.) Reclassification
entries shall be made by Auditor-Controller Agency Accounting units, or for those
agencies/departments/districts without such a unit, the agency/department/district shall notify
the Auditor-Controller of the amounts to be reclassified.
X. COST RECOVERY
All County agencies/department/districts shall include all costs of providing contracted
services in contract rates. Including all direct costs, allocated indirect costs such as
departmental and County {CWCAP) overhead, and cost of capital financing.
XI. EXISTING CONTRACTS
Billing terms and provisions contained in existing contracting entity agreements {existing as
of the date this policy is approved by the Board of Supervisors) shall remain in effect for the
life of the contract. However, when these existing contracts are renegotiated, they shall
contain the billing provisions as set forth in this policy.
XII. DEVIATIONS FROM POLICY
Deviations from this policy shall be approved by the Board of Supervisors. Proposed
deviations by agencies/departments/districts shall be submitted to the CEO for concurrence
in advance of filing an Agenda Item Transmittal {AIT) with the Clerk of the Board. The CEO,
or his/her designee, shall advise the agency/department/district of approval or disapproval of
the proposed deviations. If a County agency/department/district submits a contract to the
Board of Supervisors for approval, and the billing provisions in the contract deviate from this
policy, the agency/department/district shall specifically advise the Board of Supervisors in
the AIT of the deviation, the reason for the deviation, and of the CEO's recommendation
relative thereto.
Page 4 of 4
ATTACHMENT C
POLICY FOR DISTRIBUTION OF FORFEITED AND SEIZED ASSETS
BACKGROUND
The Orange County Sheriff's Department provides contract law enforcement services to cities in
Orange County. Because of the increased likelihood that contracted patrol or investigation
personnel may become involved in significant narcotic seizures, which could affect law enforcement
services provided by the Sheriff's Department to contract cities, the following policy is in effect.
1. NON-RNSP CONTRACTED PATROL AND INVESTIGATION OFFICERS
When assets (cash or property) are seized in CITY by contracted patrol or investigation
personnel other than RNSP personnel, and subsequently forfeited to COUNTY, the forfeited
assets shall be shared with CITY as set forth below, for the purpose of augmenting law
enforcement services in CITY, subject to approval by the forfeiting agency (U.S. Attorney or
State) of such sharing and use of forfeited assets. A portion of forfeited assets may be
retained by COUNTY's Sheriff Department, hereinafter referred to as "SHERIFF", to pay for
departmental expenses not recovered through law enforcement contracts.
In such cases, SHERIFF shall apply to the forfeiting agency for the return of a share of the
assets to COUNTY. In his application, SHERIFF shall specify the percentage of shared
assets returned to COUNTY that will be used to augment law enforcement services in CITY
and the use of said assets by CITY.
In those cases in which assets are seized within CITY by non-RNSP personnel assigned to
CITY pursuant to this Agreement, without the involvement of other law enforcement
personnel, and in which the seizure is a result solely of activities self-initiated by non-RNSP
SHERIFF personnel assigned to CITY or initiated by said personnel in response to calls for
service within CITY, SHERIFF shall apply to have all of the assets used to augment CITY
law enforcement services.
In those cases in which non-RNSP SHERIFF personnel assigned to CITY pursuant to this
Agreement play an ancillary role in a seizure or in which other law enforcement personnel
are involved in a seizure, SHERIFF shall determine the percentage of the total forfeited
assets for which he will apply to augment CITY's law enforcement services. This
determination will be based on the circumstances of the seizure, including the pro-rata
involvement of all personnel, including those assigned to CITY.
Each seizure will be evaluated on an individual and independent basis, and said evaluations
will be available for review to CITY's manager. Examples of those incidents which would be
evaluated as set forth in this section include situations in which a contract patrol deputy
provides uniformed backup at a SHERIFF's Narcotic Bureau search warrant location or in
which contract investigators participate in the service of a search warrant that was initiated
by non-contract law enforcement personnel.
Page 1 of 2
NON-RNSP CONTRACTED PATROL AND INVESTIGATION OFFICERS (Continued)
Assets (cash or property) that are returned to COUNTY by the forfeiting agency with the
understanding that they will be used to augment CITY law enforcement services shall be
used by CITY and COUNTY only for such purposes. If the forfeiting agency attaches
additional or more specific conditions to the use of said assets, CITY and COUNTY shall
also abide by those conditions. SHERIFF and CITY's manager shall determine the specific
use of said assets within the conditions imposed by the forfeiting agency.
Subject to conditions imposed by the forfeiting agency and to the requirement that forfeited
assets be used to augment law enforcement services, COUNTY shall place forfeited cash,
or cash from the sale of forfeited assets in an interest-bearing account for use in CITY in
compliance with the forfeiting agency's regulations.
2. CONTRACTED REGIONAL NARCOTICS SUPPRESSION PROGRAM (RNSP) OFFICERS
6/2/03
Assets forfeited as a result of activities conducted by contracted RNSP officers will be used
to augment CITY's law enforcement services. Because activities of this type result from the
efforts of both contracted officers and other RNSP officers, the percentage of sharing will be
determined pursuant to the RNSP Memorandum of Understanding in effect at the time of the
seizure. Said Memorandum of Understanding provides that assets are distributed according
to percentage amounts based on the number of sworn personnel participating in the RNSP
at the time of the seizure. The number of personnel in RNSP, as well as the number of
participating agencies in RNSP, may fluctuate during the course of a contract year, thereby
affecting the percentage amounts distributed to participating agencies. The percentage
amounts distributed to participating agencies may also be affected by action taken by the
RNSP Executive Board.
CITY will use RNSP forfeited assets only to augment CITY's law enforcement services. If
the forfeiting agency or applicable RNSP Memorandum of Understanding attaches any
additional or more specific conditions on the use of said assets, CITY shall abide by those
conditions. SHERIFF and CITY's manager shall determine the specific use of said assets
within the conditions imposed by the forfeiting agency and the RNSP Memorandum of
Understanding.
Subject to conditions imposed by the forfeiting agency and the RNSP Memorandum of
Understanding and to the requirement that RNSP forfeited assets be used to augment law
enforcement services, COUNTY shall place forfeited cash or cash from the sale of forfeited
assets in an interest-bearing account for use in CITY in compliance with the forfeiting
agency's regulations and the RNSP Memorandum of Understanding.
Page 2 of 2
ATTACHMENT D
RESOLUTION NO. 00-7-18-4
ORANGE COUNTY SHERIFFS DEPARTMENT TRAFFIC VIOLA TOR
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 VIOLA TOR
APPREHENSION PROGRAM
WHEREAS, the City of San Juan Capistrano contracts with the Orange
County Sheriff's 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 Capjstrano to participate in the
Traffic Violator Apprehension Fund; and,
-1-
SECTION 2. The City Clerk shall certify to the adoption of this resolution .
PASSED, APPROVED, AND ADOPTED this 18th day of July, 2000.
ATIEST:
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 ofthe City of San Juan Capistrano,
California, at a regular meeting thereof held on the 18th day of July, 2000, by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
(SEAL)
Council Members Bathgate, Greiner, llart, Swerdlin
and Z...Iayor Campbell
None
None
None
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ORANGE COUNTY SHERIFF-CORONER
TRAFFIC VIOLATOR APPREHENSION PROGRAM
CONTRACT CITY
Participating City Request to Purchase From the TV A in FY Date
APPLICABILTY
QUANTITY ITEM DESCRIPTION TO TVA PROGRAM ESTIMATED COST
THE CITY CERTIFIES THAT THE EQUIPMENT PURCHASED BY CITY AND TO BE REIMBURSED BY PROGRAM FUNDS
WILL BE USED FOR ITS ENTIRE USEFUL LIFE EXCLUSIVELY FOR THE PURPOSES OF THE TRAFFIC VIOLATOR
APPREHENSION PROGRAM
CITY MANAGER REQUEST:
Printed Name
Signature: DATE
ORANGE COUNTY SHERIFF-CORONER DEPARTMENT
Recommended For Annroval
CITY POLICE SERVICES CHIEF MANAGER-TVA PROGRAM
IOCSD I BUDGET
USE ONLY
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