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16-0701_ORANGE, COUNTY OF_Agenda Report_F116/21/2016 UAP" F11 .r,frrFUKti'�` City of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: ;?�en Siegel, City Manager SUBMITTED BY: Charlie View, Interim Assistant City Manag du DATE: June 21, 2016 SUBJECT: Consideration of the First Amendment to the Law Enforcement Services Agreement for Fiscal Year 2016-2017 (Orange County Sheriffs Department). RECOMMENDATION: By motion, approve the First Amendment to the Five-year Agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services with the second year financial obligation of $8,801,628 from July 1, 2016 to June 30, 2017. EXECUTIVE SUMMARY: The City of San Juan Capistrano has contracted with the County of Orange for law enforcement services since incorporating in 1961. This is the first amendment to the five-year agreement that began on July 1, 2015. The recommendation is for approval of the First Amendment (Attachment 1) to the five- year law enforcement service agreement. The cost for law enforcement services for Fiscal Year (FY) 2016/17 is $8,801,628 which is a 4.11 % increase as compared to FY 2015/16. The only change in staffing proposed for FY 2016/17, as compared to FY 2015/16, is the addition of a temporary four-month deputy position to address an increase in calls for service typically experienced during the summer. City Council Agenda Report June 21, 2016 Paae 2 of 4 DISCUSSION/ANALYSIS: The FY 2016/17 direct staffing level of 30 full-time Orange County Sheriff's employees is the same as Fiscal Year 2015/16 with the exception of the temporary four-month deputy position which does not count as permanent staffing. The City also shares law enforcement resources with other South Orange County Cities. In FY 2016/17, the City will share resources of 17.40 full-time employees, the same as in FY 2015/16. The chart below depicts the City's dedicated and shared law enforcement resources. Title Management Services: i3i•t,rii (}lF.tnwN Froguenev Lieutenant (City Police Services Chief) ] .0 Supervision: Senzeant Patrol 4.0 Each. 80 hrs.fper two wk. Pay period Sergeant Administrative 1.0 Each, 80 lirs./ er two wk. a,�v ELiod Investigation Services: Investigator2.0 Each. 80 hrs./pertwo wk, pay period Patrolfrraffic Services:* De utv Sheriff If Patrol 15.0 Each, 80 hrs./per two wk. pay period Deputy Sheriff II South — DEI 1.0 Each. 80 hrs./per two wk.pay period Deputy Sheriff II Motorevele 2.0 Each, 80 lira./ per two wk pay period Deputy Sheri ff"11 2 DSII (ria 960 hours each Community Support Unit: De ut y Sheriff II COnlln!11144 Su ort 1.0 Each. 80 hrs.?ier two wk. pay period Crime Prevention Specialist 1.0 Each, 80 hrs./per two wk. paeriod Parking Control: Community Service Officers 2.0 Each, 80 hrs./per two wk. pay period TOTAL J — 30.0 City Council Agenda Report June 21, 2016 Paqe 3 of 4 Shared Staff and Regional Support Services include: Detail Title of Positions % Allocation Traffic Sergeant 0.6 7.91% 17e ut ' Sheriff 1l 4.0 7.91% Investigative Assistant 2.0 7,91% Office Specialist 1.0 7.91% Sergeant 0.1 i.59% 2,0 5.59% Atha Theft1nvestioator Investi,ative Assistant 1.0 5,59% Office Specialist 1.0 5.59% DET Sergeant 1.0 10.9601a Investigator 1.0 10,96% Subpacna Office Specialist 1.0 6.97% Courts Investigative Assistant 2,0 15.54% Motorcycle Sergeant � 0.5 � 6.45% TOTAL 17..E 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. Also, 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. FISCAL IMPACT: The second year financial obligation of the Five -Year Law Enforcement Agreement between the City of San Juan Capistrano and the County of Orange is $8,801,628 which is a 4.11 % or $347,698 increase as compared to FY 2015/16. There is sufficient funding proposed in the FY 2016/17 budget to cover the anticipated law enforcement services costs. City Council Agenda Report June 21, 2016 Paae 4 of 4 ENVIRONMENTAL REVIEW: The First Amendment to the Five-year Agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services is not a "project" for purposes of the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) ("CEQA") and the State CEQA Guidelines (Cal. Code Regs., §§ 15000 et seq.) and is therefore not subject to environmental review. Specifically, State CEQA Guidelines section 15378(b) states that none of the following are subject to CEQA: continuing administrative activities, including personnel -related actions (§ 15378(b)(2)); government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment (§ 15378(b)(4)); and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment (§ 15378(b)(5)). This amendment is a continuing, personnel -related action because it is the result of ongoing analysis of staffing levels, and adds only one temporary deputy position for the summer months. Similarly, this amendment is a government fiscal activity, which allocates available funding to FY 2016/17 law enforcement services and this allocation of funding has no potential to result in a potentially significant physical impact, given that the only change from past services is the addition of one temporary deputy position. Finally, this amendment is an organizational or administrative activity because it consists of the approval of an amendment to an existing and ongoing services agreement and the allocation of available funding. There is no potential for the addition of one temporary deputy position to result in direct or indirect physical impacts beyond those attributable to the existing positions already in effect. PRIOR CITY COUNCIL REVIEW: On June 15, 2015, the City Council approved the Five -Year Agreement for Law Enforcement Services between the City of San Juan Capistrano and the County of Orange. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Lt. Scott Spalding, Chief of Police Services ATTACHMENT: Attachment 1 — FY 2016/17 Law Enforcement Agreement May 23, 2016 ORANGE COUNTY SHERIFF'S DEPARTMENT - Mr. Benjamin Siegel, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr. Siegel: SHERIFF -CORONER SANDRA HUTCHENS Enclosed are three original sets of the First Amendment to the Five -Year Law Enforcement Services Agreement with the Orange County Sheriff -Coroner. The total cost for the period of July 1, 2016 to June 30, 2017 is $8,801,628. After the City Council approves the Agreement, please obtain the necessary signatures on each of the three original sets and return them to me for completion of the approval process. A copy of the final spreadsheet of the Fiscal Year 2016-17 contract is also attached for your information. If you have any questions, please call me at (714) 834-6686. Sincerely, Lynn Yamada, ontract Manager Law Enforcement Contracts Enclosures c: Lieutenant Scott Spalding, Chief of Police Services (SJC) David Ott, Interim Assistant City Manager (SJC) Ken AI -Imam, Interim Finance Director (SJC) Michelle Bannigan, Assistant Finance Director (SJC) 550 N. FLOWER STREET, SANTA ANA, CA 92703 (714) 647-7000 Integrity without compromise • Service above self • Professionalism in the performance of duty • Vigilance in safeguarding our community ATTACHMENT 1 u C L O Lu d lupl Nr "IEli m � W r:gi O w ] Pato o yw U 7 o'o'o o.o ©a� Emla in ga'ao L)cD o ❑ c m f0 C 7 S T r 4 ° a ? u ❑ d W ❑ ❑O rn N _ O O v v v ,5 co }N N m m O 00 H d W O iLU O m � U C a w O � O O ©T] Q N LL h IL '+ Lu L £ U � 9QY o W N JW Q a �� IL �a Z 0 r LL z J NCL J c o LL� a R y m U a N d EL . 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LL a Q 0 ld U AH �' N 13 n!'KMIRFH .Q; .. a Y V Y F fall - � N 1 a {° N. O, a � I wco Y M r l . n, O —_ _ 1 Ii 1!'. � I xs `d c 2 ! •� ` � RI� I � U'. m E1 Q •n J Q O 3II ql ! -.`�,� { Tn440 6V; G. C ! 6 10 f 'p n i+mSa �O iw,- a. W elA14I �� wl :.;r a_V� O[a Iti . 1 2 3 4 5 6 7 s s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS FIRST AMENDMENT TO AGREEMENT, entered into this First day of May 2016, which date is enumerated for purposes of reference only, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", to amend effective July 1, 2016, that certain Agreement between the parties commencing July 1, 2015, hereinafter referred to as the "Agreement". 1. For the period July 1, 2016 through June 30, 2017, REGULAR SERVICES BY COUNTY, Subsections C-4 and C-5 of the Agreement are amended to read as 26 27 28 H follows: "C-4. The level of service, other than for licensing, to be provided by the COUNTY for the period July 1, 2016 through June 30, 2017, is set forth in Attachment F and incorporated herein by this reference. C-5. For any service listed in set forth Attachment F 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 providing the service no longer pay(s) for such service and CITY does not request the Agreement be amended to pay 100% of the cost of the employee providing such service. The Maximum Obligation of CITY set forth in Subsection G-2 will be adjusted accordingly." Page 1 of 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Effective July 1, 2016, ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY, Subsection D of the Agreement is amended to read as follows: "D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: 1. Enhanced services for events on CITY ro ert , 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 Attachment F 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 Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. SHERIFF shall bill CITY immediately after each such event. 2. SUpplemontal 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 that 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 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 Page 2 of 12 1 2 3 4 5 6 7 8 s 10 11 12 13 14 15 16 17 18 13 20 21 22 23 24 25 26 27 28 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 services 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-2 of this Agreement. SHERIFF shall bill CITY immediately after each such event. 3. Supplemental services for events operated _by .public entities on non -CITY r�.opertv. 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 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-2 of this Agreement. SHERIFF shall bill CITY immediately after each such event. Page 3 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Notwithstanding the foregoing, CITY, through its permit process, may utilize the services of SHERIFF at events, for which CITY issues permits, that are operated by private individuals or entities or public entities. SHERIFF shall determine personnel and equipment needed for said events. If said events are in addition to the level of services listed in Attachment F of this Agreement, CITY shall reimburse COUNTY for such additional services at an 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-2 of this Agreement. SHERIFF shall bill CITY immediately after said services are rendered. 5. 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 Attachment G and incorporated herein by this reference and in the Maximum Obligation of CITY set forth in Subsection G-2. COUNTY shall not charge any additional amounts for enhanced helicopter services after the cost of services set forth in Attachment G and in the Maximum Obligation set forth in Subsection G-2 has been established in any fiscal year without written notification to the CITY." 3. For the period July 1, 2016 through June 30, 2017, PATROL VIDEO SYSTEMS, Subsections E-3, E-4 and E-5 of the Agreement are amended to read as follows: "E-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. Page 4 of 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 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 Attachment G and the Maximum Obligation of CITY set forth in Subsection G-2 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, 2016 through June 30, 2017. E-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 Attachment G and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. E-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 after the cost of PVS set forth in Attachment G and in Maximum Obligation set forth in G-2 has been established in any fiscal year, without written notification to the CITY." 4. For the period July 1, 2016 through June 30, 2017, PAYMENT, Subsection G-2 of the Agreement is amended to read as follows: "G-2. Unless the level of service as set forth in Attachment F is increased or decreased by mutual agreement of the parties, or CITY is required to pay Page 5 of 12 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for increases as set forth in Subsection G-, the Maximum Obligation of CITY for services set forth in Attachment F of this Amendment, other than Licensing Services, to be provided by the COUNTY for the period July 1, 2016 through June 30, 2017, shall be $8,801,628, as set forth in Attachment G. The overtime costs included in the Agreement are only an estimate. COUNTY shall notify CITY of actual overtime worked during each fiscal year. If actual overtime worked is above or below budgeted amounts, billings will be adjusted accordingly at the end of the fiscal year. Actual overtime costs may exceed CITY's Maximum Obligation." 5. Effective July 1, 2016 PAYMENT Subsection G-3 of the Agreement is deleted. 6. For the period July 1, 2016 through June 30, 2017, PAYMENT, Subsections G -4a, G -4b and G-6 of the Agreement are amended to read as follows: "G -4a. 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 2016-17 cost set forth in Attachment G nor in the FY 2016-17 Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. If the changes result in the COUNTY incurring or becoming obligated to pay for increased cost for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, CITY shall pay COUNTY, in addition to the Maximum Obligation set forth in Subsection G-2 of this Agreement, the full costs of said increases to the extent such increases to the are attributable to work performed by such personnel during the period July 1, 2016 through June 30, 2017, 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, 2016 Page 6 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and June 30, 2017 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, 2016 through June 30, 2017, 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, 2016 and June 30, 2017 remaining after COUNTY notifies CITY that the Maximum Obligation has decreased. G -4b. 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 as set forth in Attachment F of this Agreement to a level that will make the Maximum Obligation of CITY hereunder for the period July 1, 2016 through June 30, 2017 an amount specified by CITY that is equivalent to or higher than the Maximum Obligation set forth in Subsection G-2 for said period at the time this Agreement originally was executed. The purpose of such adjustment of service levels will be to give CITY the option of keeping its Maximum Obligation hereunder at the pre -increase level or at any other higher or lower level specified by CITY. In the event of such reduction in level of service and adjustment of costs, the parties shall execute an amendment to this Agreement so providing. Decisions about how to reduce the level of service provided to CITY shall be made by SHERIFF with the approval of CITY. Page 7 of 12 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G-6. COUNTY shall invoice CITY monthly, one -twelfth (1/12) of the Maximum Obligation of CITY. If a determination is made that increases described in Subsection G- 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, 2016 and June 30, 2017." 7. For the period July 1, 2016 through June 30, 2017, TRAFFIC VIOLATOR APPREHENSION PROGRAM, Subsections M-3 and M-4 of the Agreement are amended to read as follows: "M-3. Fee revenue generated by COUNTY and participating cities will be used to fund the following positions, which will be assigned to the Program: • Fifteen one hundredths of one (0.15) Sergeant (12 hours per two-week pay period) • One (1) Staff Specialist (80 hours per two-week pay period) m One (1) Office Specialist (80 hours per two-week pay period) M-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. Page 8 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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-2 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." 8. For the period July 1, 2016 through June 30, 2017, MOBILE DATA COMPUTERS, Subsections N-3, N-4 and N-5 of the Agreement are amended to read as follows: "N-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 Page 9 of 12 1 2 3 4 5 6 7 8 s 10 11 12 13 14 15 16 17 18 18 20 21 22 23 24 25 26 27 28 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 Attachment G and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or replacement/upgrade of said MDCs during the period July 1, 2016 through June 30, 2017. N-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 MDCs, and b) the full recurring costs for said MDCs, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete. Said costs related to additional MDCs are not included in, and are in addition to, the costs set forth in Attachment G and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement. N-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." 9. For the period July 1, 2016 through June 30, 2017, &CITATION UNITS Subsections 0-3 and 0-4 of the Agreement are amended to read as follows: Page 10 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "0.3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of E -Citation units that are assigned to CITY, and b) recurring costs, as deemec necessary by COUNTY, including the costs of maintenance and contributionze to a fund for replacement and upgrade of such E -Citation units when they become functionally or technologically obsolete. The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of E -Citation units, are included in the costs set forth in Attachment G and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or replacement/upgrade of said E -Citation units during the period July 1, 2016 through June 30, 2017. 0-4. If, following the initial acquisition of E -Citation units referenced above, CITY requires E -Citation units designated for use in CITY, COUNTY will purchase said additional E -Citation units. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition of said additional E -Citation units, and b) the full recurring costs for said E -Citation units, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such E -Citation units when they become functionally or technologically obsolete. Said costs related to additional E - Citation units are not included in, and are in addition to, the costs set forth in Attachment G and the Maximum Obligation of CITY set forth in Subsection G-2 of this Agreement." 10. All other provisions of the Agreement, to the extent that they are not in conflict with this FIRST AMENDMENT TO AGREEMENT, remain unchanged // // // Page 11 of 12 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s IN WITNESS WHEREOF, the parties have executed the FIRST AMENDMENT TO AGREEMENT in the County of Orange, State of California. DATED: CITY OF SAN JUAN CAPISTRANO ATTEST. City Clerk DATED: COUNTY OF ORANGE IM M Mayor APPROVED AS TO FORM: BY: City Attorney ---------------------------------------------------------- Chairwoman of the Board of Supervisors County of Orange, California SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD PER G.C. Sec. 25103, Reso 79-1535 Attest: Robin Stieler Clerk of the Board County of Orange, California APPROVED AS TO FORM: Office of the County Counsel County of Orange, California Deputy DATED: Page 12 of 12 ATTACHMENT F ORANGE COUNTY SHERIFF -CORONER FY 2016-17 LAW ENFORCEMENT CONTRACT CITY OF SAN JUAN CAPISTRANO "REGULAR SERVICES BY COUNTY" (Subsection C-4) LEVEL OF SERVICE PROVIDED BY SHERIFF:. Title Detail Quantity Frequency MANAGEMENT: Lieutenant SUPERVISION: _ Ser eant Patrol 1.00 4.00 each, 80 hrs./ per two wk. pay period Sergeant Administrative 1.00 80 hrs./ per two wk. pay period INVESTIGATION SERVICES: Traffic 2.00 7.91% Investi ator Traffic 2.00 each, 80 hrs./ per two wk. pay period PATROL AND TRAFFIC SERVICES*: Deputy Sheriff II -Patrol Patrol 15.00 each, 80 hrs./ per two wk. pay period De ut Sheriff II -Motor motorcycle 2.00 each, 80 hrs./ per two wk. pay period _ ADDITIONAL SERVICES*: Investigative Assistant Office S ecialist DET: Auto Theft Auto Theft 1.00 1.00 Crime Prevention Specialist Crime Prevention_ 1.00 80 hrs./ per two wk. pay periad Community Services Officer Parking Control 2.00 each, 80 hrs./ per two wk. pay period Deputy Sheriff it Community Support 1.00 80 hrs./ per two wk. 2ay period Dejouty Sheriff II DET 1.00 80 hrs./ per two wk. pay period Deputy Sheriff II Extra HeI2 As needed TOTAL Investigative Assistant 30.00 2.00 * Deployment to be determined by SHERIFF in cooperation with CITY Manager REGIONAL / SHARED STAFF: Title Regional Team Quantity % Allocation TRAFFIC: Sergeant Traffic 0.60 7.91% _ Deputy Sheriff II Traffic 4.00 7.91% Investigative Assistant Traffic 2.00 7.91% Office Specialist Traffic 1.00 7.91% AUTO THEFT: Sergeant Auto Theft 0.30 5.59% Investigator Auto Theft 2.00 5.59% Investigative Assistant Office S ecialist DET: Auto Theft Auto Theft 1.00 1.00 5.59% 5.59% Sergeant DET 1.00 10.96% Investigator DET 1.00 10.96% SUBPOENA: Office Specialist Sub oena 1.00 6.97% COURTS: Investigative Assistant Courts 2.00 15.54% MOTORCYCLE (shared Supervlslon): Sergeant Motorcyle Su envision 0.50 6.45% TOTAL 17.40 Page 1 of 1 ATTACHMENT G ORANGE COUNTY SHERIFF -CORONER FY 2016-17 LAW ENFORCEMENT CONTRACT CITY OF SAN JUAN CAPISTRANO "PAYMENT" (Subsection G-2) COST OF SERVICES PROVIDED BY SHERIFF (Sobsection G-2): Title Detail Quantity Cost of Service (each) Cost of Service Total MANAGEMENT: Lieutenant 1.00 $ 334,955 $ 334.955 SUPERVISION: $ 14,654 Deputy Sheriff II Traffic Sergeant Administrative 1 1.00 $ 293,1521 $ 293,152 Ser giant Patrol 1 4.00 1 $ 293,1521 $ 1,172,608 INVESTIGATION SERVICES: Traffic 1.00 7.91% $ Investigator AUTO THEFT: 2.00 $ '287,9311 $ 575,862 PATROL AND TRAFFIC SERVICES: Sergeant Auto Theft 0.30 Deputy Sheriff II -Patrol Patrol 15.00 $ 242.5471 $ 3,638.205 Deputy Sheriff If -Motor motorcycle 1 2.00 $ 247.767_1 $ 495,534 ADDITIONAL SERVICES: Crime Preveniton Specialist Crime Prevention 1.00 $ 97,650 $ 97,650 Community Services Officer Deputy Sheriff II Parking Control Communi Suo_port1.00 2.00 $ 120,372 $ 240.744 $ 242,547 $ 242,547 Deputy 11 DET w 1.00 $ 242,547 $ 242,547 _Sheriff Deputy Sheriff 11 Extra Help 1.00 10.96% $ 74,336 TOTAL POSITIONS Investigator 30.00 1.00 a 7,408,140 Title Regional Team Quantity % Allocation Cost $ _TRAFFIC: Serqeant Traffic 0.60 7.91%. $ 14,654 Deputy Sheriff II Traffic 4.00 7.91% $ 76,198 Investigative Assistant Traffic 2.00 7.91% $ 19,290 Office Specialist Traffic 1.00 7.91% $ 7,683 AUTO THEFT: Sergeant Auto Theft 0.30 5.59% $ 5,168 Investigator Auto Theft 2.00 5.59% $ 29,338 Investigative Assistant Auto Theft 1.00 5.59% $ 6,789 Office S ecialist Auto Theft 1.00 5.59% $ 5,541 DET: Sergeant DET 1.00 10.96% $ 43,551 Investigator DET 1.00 10.96% $ 36,486 SUBPOENA: Office Specialist Sub oena 1.00 6.97% $ 6,285 COURTS: Investigative Assistant Courts 2.00 15.54% $ 36,779 MOTORCYCLE shared Su rvllsfon Sergeant Motors le Supervision 0.50 6,45% $ 10,464 TOTAL REGIONAUSHARED i 17.40 S 288,448 OTHER CHARGES AND CREDIT$ (SubsoctionG-2): OTHER CHARGES: fritter (iatgy rrncluda: Annual leave paydowns and apportionment of cost of leave balances paid at and of employment; premium pay for bilingual staff; contract administration; data line charges; direct services and supplies; Enhanced helicopter response services; E- Cltation recurring costs for three (3) units; facility lease; holiday pay; Integrated Law & Justice of Orange County fees; Mobile Data Computer (MDG) recurring cost for fifteen (15) units; on-call pay; overtime; patrol training cost allocation; Patrol Video System (PVS) acquisition for one (1) and recurring cost for eleven (11) units; and transportation charges. CREDITS: rtxflls :Board of State and Community Corrections Local Assistance funding; estimated vacancy credits; false alarm fees reimbursement for training and miscellaneous programs; and retirement rate discount for FY 2016-17. TOTAL OTHER CHARGES AND CREDITS $ 1,095,042 TOTAL COST OF SERVICES (Subsection o-2) $ 8,801,628 Pugs 1 01 1