15-0701_ORANGE, COUNTY OF_Law Enforcement Agreement FIVE—YEAR AGREEMENT
2 BETWEEN THE
3 CITY OF SAN JUAN CAPISTRANO
4 AND THE
5 COUNTY OF ORANGE
6
7 THIS AGREEMENT, entered 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
io 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.
18 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
19
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Page 1 of 26
TABLE OF CONTENTS
2
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
20 11
21 II
22 11
23
24 11
25
26 H
27 H
28 H
Page 2 of 26
A. TERM:
2 The term of this Agreement shall, be for five (5) years, commencing July 1,
3 2015 and terminating June 30, 2020, unless earlier terminated by either party
4 in the manner set forth herein.
5 B. OPTIONAL TERMINATION:
6 COUNTY or CITY may terminate this Agreement, without cause, upon one-
7 hundred and eighty (180) days written notice to the other party,
8 C. REGULAR SERVICES BY COUNTY:
9 1. COUNTY, through its Sheriff-Coroner and deputies, officers and
10 employees, hereinafter referred to as "SHERIFF," shall render to CITY law
11 enforcement services as hereinafter provided. Such services shall include
12 the enforcement of lawful State statutes and lawful municipal ordinances of
13 CITY other than licensing ordinances.
14 2. The night, day and evening patrol and supervisory shifts will be established
15 by SHERIFF. Personnel of each shift may work varying and different times
16 and may be deployed to other shifts when, in the opinion of SHERIFF and
17 CITY Manager, the need arises. Any long-term shift deployment change
18 will be reported to the City Council.
19 3. Each fiscal year, COUNTY shall submit to CITY, in writing, a
20 recommended level of service for the following fiscal year. CITY shall
21 remit to COUNTY, in writing, its response to the recommended level of
22 service, If the parties are unable to agree by June 30 of any fiscal year an
23 the level of service to be provided by COUNTY to CITY or on the amount
24 to be paid by CITY for services to be provided by COUNTY for the
25 following fiscal year, this Agreement will terminate as of September 30 of
26 the following fiscal year. If the parties do not agree by June 30 on the level
27 of service and cost of service for the following fiscal year, between July 1
28 and September 30 of the following fiscal year, COUNTY will provide
Page 3 of 26
I 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
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 a 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-week pay period)
18 Patrol/Traffic Services:
19 0 Fourteen (14) Deputy Sheriff lis - Patrol
20 (each 80 hours per two-week pay period)
21 0 One (1) Deputy Sheriff 11 — Special Enforcement
22 (Directed Enforcement Team -- DET)
23 (80 hours per two-week pay period)
24 Three (3) Deputy Sheriff Ils - Motorcycle
25 (each 80 hours per two-week pay period)
26 Deployment to be determined by SHERIFF in cooperation with CITY
2-7 manager,
28 H
Page 4 of 26
i C. REGULAR SERVICES BY COUNTY: (Continued)
2. Community Support Unit:
3 a One (1) Deputy Sheriff 11
4 (80 hours per two-week pay period)
5 ® One (1) Crime Prevention Specialist
6 (80 hours per two-week pay period)
7 Parking Control:
8 Two (2) Community Services Officers
9 (each 80 hours per two-week pay period)
10 Regional / Shared Staff:
11 0 7.91 percent of sixty one hundredths of one (0.60) Sergeant— Traffic
12 0 7.91 percent of four (4) Deputy Sheriff lis — Traffic
13 a 7.91 percent of two (2) Investigative Assistants — Traffic
14 * 7.91 percent of one (1) Office Specialist — Traffic
15 ® 5.38 percent of thirty one hundredths of one (0.30) Sergeant —
16 Auto Theft
17 0 5.38 percent of two (2) Investigators — Auto Theft
18 ® 5.38 percent of one (1) Investigative Assistant — Auto Theft
19 ® 5.38 percent of one (1) Office Specialist — Auto Theft
20 ® 12.21 percent of one (1) Sergeant — Directed Enforcement Team (DET)
21 0 12.21 percent of one (1) Investigator— Directed Enforcement Team (DET)
22 0 6.97 percent of one (1) Office Specialist - Subpoena
23 a 13.86 percent of two (2) Investigative Assistants — Court
24 0 9.38 percent of one half of one (0.50) Motorcycle Sergeant
25 5. For any service listed in Subsection C-4 of this Agreement that is provided
26 to CITY at less than 100% of a full-time SHERIFF position, COUNTY
27 retains the option to terminate such service in the event the other city or
28 cities which contract(s) for the balance of the time of the employee
Page 5 of 26
I C. REGULAR SERVICES BY COUNTY: (Continued)
2 providing the service no longer pay(s) for such service and CITY does not
3 request the Agreement be amended to pay 100% of the cost of the
4 employee providing such service, The Maximum Obligation of CITY set
5 forth in Subsection G-3 will be adjusted accordingly.
6 6. All services contracted for in this Agreement may not be operational on the
7 precise date specified in this Agreement. In those instances, SHERIFF
8 shall notify CITY Manager of the date or dates such service or services are
9 to be implemented. SHERIFF shall reduce the monthly charges to CITY,
10 based on the actual date of implementation of the service or services.
11 Charges shall be reduced on the next monthly billing tendered in
12 accordance with Subsection G-6 of this Agreement.
13 7. During emergencies, such as a mutual aid situation, SHERIFF will attempt
14 to leave in CITY the Lieutenant in charge of CITY Police Services. If
15 SHERIFF determines that the Lieutenant is needed elsewhere, SHERIFF
16 will notify CITY's Manager within four (4) hours. SHERIFF will return the
17 Lieutenant to CITY as soon as possible once the emergency situation is
18 under control.
19 8. With respect to the licensing ordinances of CITY listed in Attachment A
20 hereto, which is incorporated ' herein by this reference, SHERIFF shall
21 receive applications for CITY licenses pursuant to said ordinances and
22 complete investigations relating to such applications, Said investigations
23 shall be forwarded to CITY Manager. COUNTY shall not provide any
24 advisory, administrative, hearing or litigation attorney support or services
25 related to licensing. COUNTY shall not provide any administrative or
26 investigatory services related to the licensing ordinances listed in
27 Attachment A, hereto, except the investigations relating to initial
28 applications for which this subsection provides.
Page 6 of 26
1 C. REGULAR SERVICES BY COUNTY: (Continued)
2 9. COUNTY or CITY, upon thirty (30) days notice and mutual written
3 agreement, shall increase or decrease the service levels provided herein,
4 and the obligation of CITY to pay for services shall be concomitantly
5 adjusted.
6 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY:
7 1. Enhanced services for events on CITY ro ert . At the request of CITY,
s through its City Manager, SHERIFF may provide enhanced law enforcement
9 services for functions, such as community events, conducted on property that is
10 owned, leased or operated by CITY. SHERIFF shall determine personnel and
11 equipment needed for such enhanced services. To the extent the services
12 provided at such events are at a level greater than that specified in Subsection
13 C-4 of this Agreement, CITY shall reimburse COUNTY for such additional
14 services, at an amount computed by SHERIFF, Based on the current year's
15 COUNTY law enforcement cost study. The cast of these enhanced services
16 shall be in addition to the Maximum Obligation of CITY set forth in Subsection
17 G-3 of this Agreement. SHERIFF shall bill CITY immediately after each such
18 event.
19 2. Supplemental services for occasional events o :rated b rivate individuals
20 and entities on non-CITY property. At the request of CITY, through its City
21 Manager, and within the limitations set forth in this subsection D-2, SHERIFF
22 may provide supplemental law enforcement services to preserve the peace at
23 special events or occurrences that occur on an occasional basis and are
24 operated by private individuals or private entities on non-CITY property.
25 SHERIFF shall determine personnel and equipment needed for such
26 supplemental services, and will provide such supplemental services only if
27 SHERIFF is able to do so without reducing the normal and regular ongoing
28 services that SHERIFF otherwise would provide to CITY pursuant to this
Fuge 7 of 26
1 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued)
2 Agreement. Such supplemental services shall be provided only by regularly
3 appointed full-time peace officers, at rates of pay governed by a Memorandum
4 of Understanding between COUNTY and the bargaining unit(s) representing
5 the peace officers providing the services. Such supplemental services shall
6 include only law enforcement duties and shall not include services authorized
7 to be provided by a private patrol operator, as defined in Section 7582.1 of the
s Business and Professions Code. Law enforcement support functions,
s including, but not limited to, clerical functions and forensic science services,
10 may be performed by non-peace officer personnel if the services do not
11 involve patrol or keeping the peace and are incidental to the provision of law
12 enforcement services. CITY shall reimburse COUNTY its full, actual costs of
13 providing such supplemental services at an amount computed by SHERIFF,
14 based on the current year's COUNTY law enforcement cost study. The cost
15 of these supplemental services shall be in addition to the Maximums Obligation
16 of CITY set forth in Subsection G-3 of this Agreement. SHERIFF shall bill
17 CITY immediately after each such event.
18 3. Supplemental services for events operated b ublic entities on non-CITY
19 property. At the request of CITY, through its City Manager, and within the
20 limitations set forth in this subsection ®-3, SHERIFF may provide
21 supplemental law enforcement services to preserve the peace at special
22 events or occurrences that occur on an occasional basis and are operated by
23 public entities on non-CITY property. SHERIFF shall determine personnel and
24 equipment needed for such supplemental services, and will provide such
25 supplemental services only if SHERIFF is able to do so without reducing
26 services that SHERIFF otherwise would provide to CITY pursuant to this
27 Agreement. CITY shall reimburse COUNTY its full, actual costs of providing
26 such supplemental services at an amount computed by SHERIFF, based on
'age 8 of 26
D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY. (Continued)
2 the current year's COUNTY law enforcement cost study. The cost of these
3 supplemental services shall be in addition to the Maximum Obligation of CITY
4 set fal-th 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
12 amount computed by SHERIFF, based upon the current year's COUNTY law
13 enforcement cost study. The cost of these services shall be in addition to the
14 Maximum Obligation of CITY set forth in Subsection G-3 of this Agreement.
15 SHERIFF shall bill CITY immediately after said services are rendered.
16 5. In accordance with Government Code 51350, COUNTY has adopted Board
17 Resolution 89-1160 which identifies COUntywide services, including but not
18 limited to helicopter response. SHERIFF through this contract provides
19 enhanced helicopter response services. The cost of enhanced helicopter
20 response services is included in the cost of services set forth in Subsection G-
21 2 and in the Maximum Obligation of CITY set forth in Subsection G-3.
22 COUNTY shall not charge any additional amounts for enhanced helicopter
23 services after the cost of services set forth in Subsection G-2 and in the
24 Maximum Obligation set forth in Subsection G-3 has been established in any
2u fiscal year without written notification to the CITY.
26 Em PATROL VIDEO SYSTEMS.
27 1. As part of the law enforcement services provided to CITY, COUNTY has
28 provided, or will provide patrol video systems (hereinafter called "PPS")
Page 9 of 26
1 E. PATROL VIDEO SYSTEMS: (Continued)
2 that will be mounted in the patrol vehicles designated by COUNTY for use
3 within CITY service area.
4 2. SHERIFF has the exclusive right to use said PVS for law enforcement
5 services related to this Agreement.
6 3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and
7 installation of Patrol Video Systems that are or will be mounted in patrol
8 vehicles assigned to CITY, and b) recurring costs, as deemed necessary by
9 COUNTY, including the costs of maintenance and contributions to a fund for
10 replacement and upgrade of such PVS when they become functionally or
11 technologically obsolete.
12 The costs to be paid by CITY for recurring costs, including maintenance and
13 replacement/upgrade of PVS, are included in the costs set forth in
14 Subsection G-2 and the Maximum Obligation of CITY set forth in Subsection
15 G-3 of this Agreement unless CITY has already paid such costs. CITY shall
16 not be charged additional amounts for maintenance or replacement/upgrade
17 of said PVS during the period July 1, 2015 through June 30, 2016.
18 4. If, following the initial acquisition of PVS referenced above, CITY requires
19 PVS for additional patrol cars designated for use in the CITY service area,
20 COUNTY will purchase said additional PVS. Upon demand by COUNTY,
2.1 CITY will pay to COUNTY a) the full costs of acquisition and installation of
22 said additional PVS, and b) the full recurring costs for said PVS, as deemed
23 necessary by COUNTY, including the costs of maintenance, and
24 contributions to a fund for replacement and upgrade of such PVS when they
25 becorne functionally or technologically obsolete. Said costs related to
26 additional PVS are not included in, and are in addition to, the costs set forth
27 in Subsection G-2 and the Maximurn Obligation of CITY set forth in
28 Subsection G-3 of this Agreement.
Page 90 of 26
1 E. PATROL VIDEO SYSTEMS. (Continued)
2 5. County will replace and/or upgrade PVS as needed. The costs of
3 replacing/upgrade PVS shall be paid by COUNTY from the
4 replacement/upgrade funds to be paid by CITY in accordance with the
5 foregoing. CITY shall not be charged any additional charge to replace or
6 upgrade PVS.
7 F. LICENSING SERVICES BY CITY:
8 Upon receipt from SHERIFF of investigations of applications for licenses
9 referred to in Subsection C-8 of this Agreement, CITY Manager shall
10 determine whether to grant or deny the licenses and will issue the licenses or
11 notify the applicants of denial. CITY shall provide all attorney services related
12 to the granting, denial, revocation and administration of said licenses and the
13 enforcement of CITY ordinances pertaining to said licenses.
14 G. PAYMENT:
15 1 . Pursuant to Government Code Section 51350, CITY agrees to pay to
16 COUNTY the full costs of performing the services mutually agreed upon in
17 this Agreement. The cost of services includes salaries, wages, benefits,
18 mileage, services, supplies, equipment, and divisional, departmental and
19 COUNTY General overhead,
20 2. Unless the level of service described in Subsection C-4 is increased or
21 decreased, or CITY is required to pay for increases as set forth in
22 Subsection G-4, the cost of services described in Subsection C-4 of this
23 Agreement, other than Licensing Services, to be provided by the COUNTY
24 for the period July 1, 20,15 through June 30, 2016, shall be as follows:
25 SERVICE COST OF SERVICE
26 Management:
27 One (1) Lieutenant
28 @ $319,245/each $ 319,245
Page 11 of 26
1 C. PAYMENT: (Continued)
2 SERVICE COST OF SERVICE
3 Supervision:
4 . Four (4) Sergeants - Patrol
5 ( @ $277,869/each $ 1,111,476
6 a One (1) Sergeant -Administrative
7 @ $277,869/each $ 277,869
8 Investigation Services:
9 is Two (2) Investigators
10 @ $275,9991each $ 551,998
11 Patrol/Traffic Services:
12 ® Fourteen (14) Deputy Sheriff lls - Patrol
F
1s @ $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 0 Three (3) Deputy Sheriff lls - Motorcycle
18 @ $235,922/each $ 707,766
19 Community Support Unit:
20 One (1) Deputy Sheriff ll
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
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Page 12 of 26
1 G. PAYMENT: (Continued)
2 SERVICE COST OF SERVICE
3 Regional /Shared Staff:
I .0 �a U1 61XLY one nundredins of one (0.60) Sergeant - Traffic
5 @ $261,269/each $ 13,350
6 w 7.91% of four (4) Deputy Sheriff IIs - Traffic
7 @ 245,706/each $ 77,741
8 a 7.91% of two (2) Investigative Assistants - Traffic
9 @ $115,074/each $ 18,205
10 ® 7.91% of one (1) Office Specialist - Traffic
11 @ $92,928/each $ 7,351
12 0 5.38% of thirty one hundredths of one (0.30) Sergeant --Auto Theft
13 @ $280,513/each $ 4,527
14 A 5.38% of two (2) Investigators —Auto Theft
15 @ $251,035/each $ 27,011
16 0 5.38% of one (1) Investigative Assistant —Auto.Theft
17 @ $119,265/each $ 6,416
18 ® 5.38% of one (1) Office Specialist --Auto Theft
19 @ $91,9811/each $ 4,949
20 ® 12.21% of one (1) Sergeant— Directed Enforcement Team (DET)
21 @ $379,854/each $ 46,380
22 * 12.21% of one (1) Investigator— Directed Enforcement Team (DET)
23 @ $300,961/each $ 36,747
24 0 6.97% of one (1) Office Specialist— Subpoena
25 @ $84,796/each $ 5,910
26 0 13.86% of two (2) Investigative: Assistants — Court
27 @ $116,732/each $ 32,358
28
Fuge 13 of 26
1 G. PAYMENT. (Continued)
2 SERVICE COST OF SERVICE
3 9.38% of one half of one (0.50) Motorcycle Sergeant
4 @ $3089496/each $ 14,468
5 Other Charges and Credits: $ 1 ,176,721
6 Charges: Annual leave paydowns and apportionment of cost of
7 leave balances paid at end of employment; premium pay for
8 bilingual staff; contract administration; data line charges; direct
9 services and supplies; E-citation; enhanced helicopter response
10 services; facility lease; holiday pay: comp and straight time;
11 Integrated Law & Justice Agency of Orange County; mobile data
12 computer (MDC) recurring, costs; on-call pay; overtime; patrol
13 training cost allocation; patrol video system (PPS) recurring costs;
14 retirement rate discount expenses (interest and cost of issuance);
15 training-, transportation costs including vehicle fuel, mileage
16 interest for replacement vehicles and maintenance.
17 Credits: Local assistance funding; false alarm fees; overtime rate
18 adjustment; reimbursement for training and miscellaneous
19 programs-, retirement rate discount FY 2015-16.
20 TOTAL COST OF SERVICES
21 3. Unless the level of service described in Subsection C-4 is increased or
22 decreased, or CITY is required to pay for increases as set forth in
23 Subsection G-4, the Maximum Obligation of CITY for services, other than
24 Licensing Services that are referenced in Subsection C-4 of this Agreement
25
1 and rendered by COUNTY between July 1, 2015 and June 30, 2016, is
26 $8,453,930.
27 II
28 lI
Page 14 of 26
G. PAYMENT: (Continued)
2 4-a. At the time this Agreement is executed, there are unresolved issues
3 pertaining to potential changes in salaries and benefits for COUNTY
4 employees. The costs of such potential changes are not included in the
5 FY 2015-16 cost set forth in subsection G-2 nor in the FY 2015-16
6 Maximum Obligation of CITY set forth in Subsection G-3 of this
7 Agreement. If the changes result in the COUNTY incurring or becoming
8 obligated to pay for increased cost for or on account of personnel whose
9 costs are included in the calculations of costs charged to CITY hereunder,
10 CITY shall pay COUNTY, in addition to the Maximum Obligation set forth
11 in Subsection G-3 of this Agreement, the full costs of said increases to the
12 extent such increases to the are attributable to work performed by such
13 personnel during the period July 1, 2015 through June 30, 2016, and
14 CITY's Maximum Obligation hereunder shall be deemed to have
15 increased accordingly. CITY shall pay COUNTY in full for such increases
16 on a pro-rata basis over the portion of the period between July 1, 2015
17 and June 30, 2016 remaining after COUNTY notifies CITY that increases
18 are payable. If the changes result in the COUNTY incurring or becoming
19 obligated to pay for decreased costs for or on account of personnel whose
20 costs are included in the calculations of costs charged to CITY hereunder,
21 COUNTY shall reduce the amount owed by the CITY to the extent such
22 decreases are attributable to work performed by such personnel during
23 the period July 1, 2015 through June 30, 2016, and CITY's Maximum
24 Obligation hereunder shall be deemed to have decreased accordingly,
25 COUNTY shall reduce required payment by CITY in full for such
26 decreases on a pro-rata basis over the portion of the period between July
27 1, 2015 and June 30, 2016 remaining after COUNTY notifies CITY that
28 the Maximum Obligation has decreased.
Page 15 of 26
1 G� PAYMENT": (Continued)
2 4-b. If CITY is required to pay for increases as set forth in Subsection G-4a
a above, COUNTY, at the request of CITY, will thereafter reduce the level
4 of service to be provided to CITY pursuant to Subsection C-4 of this
5 Agreement to a level thatwill make the Maximum Obligation of CITY
6 hereunder for the period July 1, 2015 through June 30, 2016 an amount
7 specified by CITY that is equivalent to or higher than the Maximum
8 Obligation set forth in Subsection G-3 for said period at the time this
s Agreement originally was executed. The purpose of such adjustment of
10 service levels will be to give CITY the option of keeping its Maximum
11 Obligation hereunder at the pre-increase level or at any other higher or
12 lower level specified by CITY. In the event of such reduction in level of
13 service and adjustment of costs, the parties shall execute an amendment
14 to this Agreement so providing. Decisions about how to reduce the level
15 of service provided to CITY shall be made by SHERIFF with the approval
16 of CITY.
17 5. The Maximum Obligation of CITY for services provided for the 12-month
18 periods commencing ,July 1, 2016, 2017, 2013 and 2019, will be
19 determined annually by COUNTY and approved by CITY.
20 6. COUNTY shall invoice CITY monthly, one-twelfth (1112) of the Maximum
21 Obligation of CITY. If a determination is made that increases described in
22 Subsection G-4 must be paid, COUNTY thereafter shall include the pro-
23 rata charges for such increases in its monthly invoices to CITY for the
2.4 balance of the period between July 1, 2015 and .June 30, 2016.
25 7. CITY shall pay COUNTY in accordance with COUNTY Board of
26 Supervisors' approved County Billing Policy, which is attached hereto as
27 Attachment B, and incorporated herein by this reference.
28 11
Mage 16 of 26
i 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
115 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 lI
Page 17 of 26
1 K NOTICES: (Continued)
2 CITY: ATTN: CITY MANAGER
3 32400 PASEO ADELANTO
4 SAN JUAN CAPISTRANO, CA 92675
5 COUNTY: ATTN, CONTRACT MANAGER
6 SHERIFF-CORONER DEPARTMENT
7 320 NORTH FLOWER STREET, SUITE 108
8 SANTA ANA, CA 92703
9 2. Termination notices shall be effective when written and deposited in the
10 United States mail, certified, return receipt requested and addressed as
11 above.
12 Iw STATUS OF COUNTY:
13 COUNTY is, and shall at all times be deemed to be, an independent
14 contractor. Nothing herein contained shall be construed as creating the
15 relationship of employer and employee, or principal and agent, between CITY
16 and COUNTY or any of COUNTY's agents or employees. COUNTY and its
17 SHERIFF shall retain all authority for rendition of services, standards of
18 performance, control of personnel, and other matters incident to the
19 performance of services by COUNTY pursuant to this Agreement. COUNTY,
20 its agents and employees, shall not be entitled to any rights or privileges of
21 CITY employees and shall not be considered in any manner to be CITY
22 employees.
23 J. STATE AUDIT:
24 Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be
25 subject to examination and audit by the State Auditor for a period of three (3)
26 years after final payment by CITY to COUNTY under this Agreement. CITY
2-7 and COUNTY shall retain all records relating to the performance of this
28 Agreement for said three-year period, except that records pertaining to any
Page 13 of 26
I J. STATE AUDIT- (Continued)
2 audit then in progress, or any claim or litigation shall be retained beyond said
3 three-year period until final resolution of said audit, claim or litigation.
4 K. ALTERATION OF TERMS:
5 This Agreement fully expresses all understanding of CITY and COUNTY with
6 respect to the subject matter of this Agreement, and shall constitute the total
7 Agreement between the parties for these purposes. No addition to, or
8 alteration of, the terms of this Agreement shall be valid unless made in writing,
9 formally approved and executed by duly authorized agents of both parties.
lo L. INDEMNIFICATION:
11 1. COUNTY, its officers, agents, employees, subcontractors and independent
12 contractors shall not be deemed to have assumed any liability for the
13 negligence or any other act or omission of CITY or any of its officers, agents,
14 employees, subcontractors or independent contractors, or for any dangerous
15 or defective condition of any public street or work or property of CITY, or for
16 any illegality or unconstitutionality of CITY's Municipal ordinances. CITY
17 shall indemnify and hold harmless COUNTY and its elected and appointed
18 officials, officers, agents, employees, subcontractors and independent
19 contractors from any claim, demand or liability whatsoever based or asserted
20 upon the condition of any public street or work property of CITY, or upon the
21 illegality or unconstitutionality of any municipal ordinance of CITY that
22 SHERIFF has enforced, or upon any act or omission of CITY, or its elected
2S and appointed officials, officers, agents, employees, subcontractors or
24 independent contractors related to this Agreement, including, but not lirnited
25 to, any act or omission related to the maintenance or condition of any vehicle
26 or motorcycle that is owned or possessed by CITY and used by COUNTY
27 personnel in the performance of this Agreement, for property damage, bodily
28 injury or death or any other element of damage of any kind or nature, and
Page 19 of 26
L. INDEMNIFICATION: (Continued)
2 CITY shall defend, at its expense including attorney fees, and with counsel
3 approved in writing by COUNTY, COUNTY and its elected and appointed
4 officials, officers, agents, employees, subcontractors and independent
5 contractors in any legal action or claim of any kind based or asserted upon
6 such condition of public street or work or property, or illegality or
7 unconstitutionality of a municipal ordinance, or alleged acts or omissions. If
8 judgment is entered against CITY and COUNTY by a court of competent
9 jurisdiction because of the concurrent active negligence of either party, CITY
10 and COUNTY agree that liability will be apportioned as determined by the
11 court. Neither party shall request a jury apportionment.
12 2. COUNTY shall indemnify and hold harmless CITY and its elected and
13 appointed officials, officers, agents, employees, subcontractors and
14 independent contractors from any claim, demand or liability whatsoever
15 based or asserted upon any act or ornission of COUNTY or its elected and
16 appointed officials, officers, agents, employees, subcontractors or
17 independent contractors related to this Agreement, for property damage,
18 bodily injury or death or any other element of damage of any kind or nature,
19 and COUNTY shall defend, at its expense, including attorney fees, and with
20 counsel approved in writing by CITY, CITY and its elected and appointed
21 officials, officers, agents, employees, subcontractors and independent
22 contractors in any legal action or claim of any kind based or asserted upon
23 such alleged acts or omissions.
24 M. TRAFFIC VIOLATOR APPREHENSION PROGRAM:
25 COUNTY has established a Traffic Violator Apprehension Program ("the
26 Program"], which is operated by SHERIFF, and is designed to reduce
27 vehicle accidents caused by unlicensed drivers and drivers whose licenses
26 are suspended and to educate the public about the requirements of the
Page 20 of 26
1 M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
2 Vehicle Code and related safety issues with regard to driver licensing,
3 vehicle registration, vehicle operation, and vehicle parking. The Program
4 operates throughout the unincorporated areas of the COUNTY and in the
5 cities that contract with COUNTY for SHERIFF's law enforcement services,
6 without regard to jurisdictional boundaries, because an area-wide
7 approach to reduction of traffic accidents and driver education is most
s effective in preventing traffic accidents. In order for CITY to participate in
s the Program, CITY has adopted a fee pursuant to Vehicle Code section
10 22850.5, in the amount and under the terms and conditions set forth in the
11 TVAP resolution that is attached to this Agreement as Attachment D and
12 incorporated into this Agreement by reference, and has directed that the
13 revenue from such fee be used for the Program. CITY's participation in
14 the Program may be terminated at any time by rescission or amendment of
15 the TVAP resolution that is attached to this Agreement as Attachment D.
16 In the event CITY 1) amends said TVAP resolution, or rescinds said TVAP
17 resolution and adopts a new TVAP resolution pertaining to the above-
18 referenced fee and the Program, and 2) remains a participant in the
19 Program thereafter, CITY's Manager, on behalf of CITY, and SHERIFF, on
20 behalf of COUNTY, have authority to execute an amendment to this
21 Agreement to substitute CITY's amended or new TVAP resolution for
22 Attachment D to the Agreement, as long as said amendment to this
23 Agreement sloes not materially change any ether provision of this
24 Agreement.
25 2. COUNTY will make available for review, at the request of CITY, all financial
26 data related to the Program as may be requested by CITY.
27 3. Fee revenue generated by COUNTY and participating cities will be used to
28 fund the following positions, which will be assigned to the Program:
Page 21 of 26
I M. T'RAFF'IC VIOLATOR APPREHENSION PROGRAM: (Continued)
2 * Ten one hundredths of one (0.10) Sergeant
3 (8 hours per two-week pay period)
4 i One (1) Staff Specialist
5 (80 hours per two-week pay period)
6 m One (1) Office Specialist
7 (80 hours per two-week pay period)
s 4. Fee revenue generated by CITY may be used to reimburse CITY for
s expenditures for equipment and/or supplies directly in support of the Program.
10 In order for an expenditure for equipment and/or supplies to be eligible for
11 reimbursement, CITY shall submit a request for and obtain pre-approval of the
12 expenditure by using the form as shown in Attachment E. The request shall
13 be submitted within the budget schedule established by SHERIFF. SHERIFF
14 shall approve the expenditure only if both of the following conditions are
15 satisfied: 1) there are sufficient Program funds, attributable to revenue
16 generated by CITY's fee, to pay for the requested purchase, and 2) CITY will
17 use the equipment and/or supplies, during their entire useful life, only for
18 purposes authorized by its TVAP resolution in effect at the time of purchase.
19 In the event that CITY terminates its participation in the Program, CITY agrees
20 that the equipment purchased by CITY and reimbursed by Program funds will
21 continue to be used, during the remainder of its useful life, exclusively for the
22 purposes authorized by CITY's TVAP resolution in effect at the time of
23 purchase.
24 In the event the fees adopted by COUNTY, CITY and other participating
25 jurisdictions are not adequate to continue operation of the Program at the level
26 at which it operated previously, COUNTY, at the option of CITY, will reduce
27 the level of Program service to be provided to CITY or will continue to provide
28 the existing level of Program services. COUNTY will charge CITY the cost of
Page 22 of 26
M. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
2 any Program operations that exceed the revenue generated by fees. Such
3 charges shall be in addition to the Maximum Obligation of CITY set forth in
4 Subsection G-3 of this Agreement. The amount of any revenue shortfall
5 charged to CITY will be determined, at the time the revenue shortfall is
6 experienced, according to CITY's share of Program services rendered. In the
7 event of a reduction in level of Program service, termination of Program
8 service or adjustment of costs, the parties shall execute an amendment to the
9 Agreement so providing. Decisions about how to reduce the level of Program
10 service provided to CITY shall be made by SHERIFF with the approval of
11 CITY.
12 N. MOBILE DATA COMPUTERS:
13 1. As part of the law enforcement services to be provided to CITY, COUNTY
14 has provided, or will provide, mobile data computers (hereinafter called
is WDCs") that are or will be mounted in patrol vehicles and motorcycles,
16 designated by COUNTY for use within CITY limits.
17 2. SHERIFF has the exclusive right to use said MDCs for law enforcement
18 services related to this Agreement.
19 3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition
20 and installation of MDCs that are or will be mounted in patrol vehicles and
Pi motorcycles assigned to CITY, and b) recurring costs, as deemed
22 necessary by COUNTY, including the costs of maintenance and
23 contributions to a fund for replacement and upgrade of such MDCs when
24 they become functionally or technologically obsolete.
25 The costs to be paid by CITY for recurring costs, including maintenance
26 and replacement/upgrade of MDCs, are included in the costs set forth in
27 Subsection G-2 and the Maximum Obligation of CITY set forth in
28 Subsection G-3 of this Agreement unless CITY has already paid such
Page 23 of 26
1 N. MOBILE DATA COMPUTERS: (Continued)
2 costs. CITY shall not be charged additional amounts for maintenance or
3 replacement/upgrade of said MDCs during the period July 1, 2015 through
4 June 30, 2016.
5 4. If, following the initial acquisition of MDCs referenced above, CITY requires
6 MDCs for additional patrol cars or motorcycles designated for use in the
7 CITY, or for CITY's Emergency Operations Center, COUNTY will purchase
8 said additional MDCs. Upon demand by COUNTY, CITY will pay to
9 COUNTY a) the full costs of acquisition and installation of said additional
10 IVIDC's, and b) the full recurring costs for said MDCs, as deemed
11 necessary by COUNTY, including the costs of maintenance, and
12 contributions to a fund for replacement and upgrade of such MDCs when
13 they become functionally or technologically obsolete. Said costs related to
14 additional MDCs are not included in, and are in addition to, the costs set
15 forth in Subsection G-2 and the Maximum Obligation of CITY set forth in
16 Subsection G-3 of this Agreement.
17 5. COUNTY will replace and/or upgrade MDCs as needed. The costs of
18 replacing/upgrading MDCs shall be paid by COUNTY from the
19 replacement/upgrade funds to be paid by CITY in accordance with the
20 foregoing. CITY shall not be charged any additional charge to replace or
21 upgrade MDCs.
22 O. -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.
28 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 for 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
8 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 Maximurn 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 replace rne nt/upg rade funds to be paid by CITY in accordance with the
27 foregoing. CITY shall not be charged any additional charge to replace of
28 upgrade E-Citation units_
Page25 of 26
I IN WITNESS WHEREOF, the parties have: executed the AGREEMENT
2 in the Coun.tty of Grange, State of California.
DATED: '
4 '
s ATTEST: CITY OF SAN JUAN CAPISTRANO
'
_City Clerk
6 � ;
7 j
Mayor
8
APPROVED ASL TO FORM:
9 BY -
10 —:,- y
Cit ttorney
11 ....__..............___..__....______________e__ee____e________.._.._..____.._________............_____________a_-__....__....__.._______
12 DATED: e
13
COUNTY OF O
14 11 1.
s ; f
15 BY
Chairr�ian �f the Bard of Supervisors
16 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, Meso 79-1535
20 Attest
ry
5
21 tJ
2M
-
Interim
Stieler
Interim Clerk of the Board
23 County of Orange, California
APPROVED AS TO FORM:
24 Office of the County Counsel
Orange County; California
2:>
26 BY `
Deputy
27
28 DATED
.._..__.. --
Page 25 of 26
I
1 ATTACHMENT A
2 CITY OF SAN JUAN CAPISTRANO
3 ORDINANCE NO. 785 (5-24.01 MC)
4 ORDINANCE NO. 417(5-118-02 MC)
5 ORDINANCE NO.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 (Inchides FBI Fees)
20 MASSA IST (includes FBI Fees)
21 PEDDLER
22 POOLROOM
23 PUBLIC DANCE
24 RAP SESSION (NUDE)
25 SECONDHAND DEALER (Pawnbroker)
26 TAXICAB STAND
27
213
ATTACHMENT B
COUNTY BILLING POLICY
APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 2 , 1992
1. 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.
Il. DEFINITIONS
A. Contract for the purloses 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 V1 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.
III. FIXED PRICE CONTRACTS
A. Fixed Price (One-Time/Non-Recurring Contract ) - 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
elate shall be invoice date plus 30 days.
B. Fixed Price On rin /Becurrin 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 Fillings 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/RecurringContracts - 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. It the County
agency/department/district does not utilize a monthly billing cycle, the invoice shall bo
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 prevision 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 previsions of Sections ll and Ill above, payment due date shall be at
least invoice date plus 30 days. It 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
stays after the beginning of the quarter (quarterly invoices) or 30 clays after the beginning of
the service month (monthly invoices).
(EXAMPLES, An invoice for October service, dated and issued October 3 (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°/x) 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.
V11. COLLECTIONS
Any invoice remaining unpaid 00 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
007 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.
lull. 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%). It
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.
It the balance is not received by the County in accordance with the dates as specified it
Section Vll, applicable late charges shall be calculated can 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 these
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 Clork 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/de part ment/d i strict 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 SEIZES 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-RVSP 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 (RVSP) OFFICERS
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 RVSP, as well as the number of
participating agencies in RVSP, 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
6003
r`µ p �j
ATTACHMENT D
RESOLUTION NO, 00-7-18-4
ORAN 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 VIOLATOR
APPREHENSION PROGRAM
WHEREAS, the City of San ,duan 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 Violater 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 violaters,
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 pan-going revenues will he generated from the
collection of vehicle impound tees within the unincorporated areas of the County and
participating cities that contract for law enforcement services with the Orange County
Sheriff's Department; and,
WHEREAS, the County Board of Supervisors has established a fee of $50
for each vehicle towed/storedlimpounded as a result of negligent operation of a vehicle and
a $152 fey: for each vehicle impounded for 30 days, based on the actual administrative
costs for the identification and apprehension of drivers with suspended or revoked licenses
or unlicensed motorists; and,
WHEREAS, all of the impound fees will be collected by the County and
deposited into a Traffic Violator Apprehension Fuad for use by this program exclusively.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby resolve, determine and carder as follows:
SECTION 1. Authorize the City of San Juan Capjstrano to participate in the
Traffic Violator Apprehension Fund; and,
�1..
SECTION . The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 18th day of July, 2000.
0LLE AMP13EL , MAY
ATTEST:
CHERYL J N N, CITY CLERIC
NATE OF CALIFORNIA )
COUNTY OF ORANGE � �$
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, adapted 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, Ila-rt, Swerdlin
and Mayor Canpbell
NOES None
ABSTAIN: lone
ABSENT: None
(SEAL)
CHERYL JCS S0 , CITY CLERIC
-2-
ORANGE COUNTY SHERIFF-CORONER
TRAFFIC VIOLATOR APPREHENSION ENSIGN PR RAM
C
Participating City Request to Purchase From the TVA in FY Date
APPLICARILTY
/
QUANTITY ITEM DESCRIPTION TO TVA PROGRAM ESTIMATED COST 1
/
I
j3
as
,
/ Ty
THE CITY CER'T'IFIES THAT THE EQUIPMENT PURCHASED BY CI'T'Y 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
-a CITE`MANAGER REQUEST,
Printed Natne
Signature:: BATE _ €
/
„r Recommended For Approval E
CITY POLICE SERVICES CHIEF MANAGER—TSCA PROGRAM
0
M
OCSD
BUDGET —i
USE ONLY