16-0701_ORANGE, COUNTY OF_Law Enforcement Services Agreement First Amd2
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FIRST AMENDMENT TO AGREEMENT
BETWEEN THE
CITY OF SAN JUAN CAPISTRANO
AND THE
COUNTY OF ORANGE
7 THIS FIRST AMENDMENT TO AGREEMENT, entered into this First
8 day of May 2016, which date is enumerated for purposes of reference only, by and
9 between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as ."CITY"
10 and the COUNTY OF ORANGE, a political subdivision of the State of California,
11 hereinafter referred to as "COUNTY", to amend effective July 1, 2016, that certain
12 Agreement between the parties commencing July 1, 2015, hereinafter referred to as
13 the "Agreement".
14 1. For the period July 1, 2016 through June 30, 2017, REGULAR SERVICES BY
15 COUNTY, Subsections C-4 and C-5 of the Agreement are amended to read as
16 follows:
17 "C-4. The level of service, other than for licensing, to be provided by the COUNTY
18 for the period July 1, 2016 through June 30, 2017, is set forth in Attachment
19 F and incorporated herein by this reference.
20 C-5. For any service listed in set forth Attachment F of this Agreement that is
21 provided to CITY at less than 100% of a full-time SHERIFF position,
22 COUNTY retains the option to terminate such service in the event the other
23 city or cities which contract(s) for the balance of the time of the employee
24 providing the service no longer pay(s) for such service and CITY does not
25 request the Agreement be amended to pay 1 00% of the cost of the
26 employee providing such service. The Maximum Obligation of CITY set
27 forth in Subsection G-2 will be adjusted accordingly."
28 II
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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 property . At the request of CITY,
through its City Manager, SHERIFF may provide enhanced law enforcement
services for functions, such as community events, conducted on property that is
owned, leased or operated by CITY. SHERIFF shall determine personnel and
equipment needed for such enhanced services. To the extent the services
provided at such events are at a level greater than that specified in 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. Supplemental services for occasional events operated by private individuals
and entities on non -CITY property. At the request of CITY, through its City
Manager, and within the limitations set forth in this subsection D-2, SHERIFF
may provide supplemental law enforcement services to preserve the peace at
special events or occurrences 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
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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.
Supplemental services for events operated by public entities on non -CITY
property. At the request of CITY, through its City Manager, and within the
limitations set forth in this Subsection D-3, SHERIFF may provide
supplemental law enforcement services to preserve the peace at special
events or occurrences that occur on an occasional basis and are operated by
public entities on non-CITY property. SHERIFF shall determine personnel and
equipment needed for such supplemental services, and will provide such
supplemental services only if SHERIFF is able to do so without reducing
services that SHERIFF otherwise would provide to CITY pursuant to this
Agreement. CITY shall reimburse COUNTY its full, actual costs of providing
such supplemental services at an amount computed by SHERIFF, based on
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.
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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."
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.
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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."
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
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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."
Effective July 1, 2016 PAYMENT Subsection G-3 of the Agreement is deleted.
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
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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.
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.
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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-
4 rata charges for such increases in its monthly invoices to CITY for the
5 balance of the period between July 1, 2016 and June 30, 2017."
6 7. For the period July 1, 2016 through June 30, 2017, TRAFFIC VIOLATOR
1 APPREHENSION PROGRAM, Subsections M-3 and M-4 of the Agreement are
8 amended to read as follows:
9 "M-3. Fee revenue generated by COUNTY and participating cities will be used to
10 fund the following positions, which will be assigned to the Program:
11 • Fifteen one hundredths of one (0.15) Sergeant
12 (12 hours per two-week pay period)
13 • One (1) Staff Specialist
14 (80 hours per two-week pay period)
15 • One (1) Office Specialist
16 (80 hours per two-week pay period)
11 M-4. Fee revenue generated by CITY may be used to reimburse CITY for
18 expenditures for equipment and/or supplies directly in support of the
19 Program. In order for an expenditure for equipment and/or supplies to be
20 eligible for reimbursement, CITY shall submit a request for and obtain pre-
21 approval of the expenditure by using the form as shown in Attachment E.
22 The request shall be submitted within the budget schedule established by
23 SHERIFF. SHERIFF shall approve the expenditure only if both of the
24 following conditions are satisfied: 1) there are sufficient Program funds,
25 attributable to revenue generated by CITY's fee, to pay for the requested
26 purchase, and 2) CITY will use the equipment and/or supplies, during their
21 entire useful life, only for purposes authorized by its TVAP resolution in
28 effect at the time of purchase.
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21 8. For
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."
the period July 1, 2016 through June 30, 2017, MOBILE DATA
22 COMPUTERS, Subsections N-3, N-4 and N-5 of the Agreement are amended to
23 read as follows:
24 "N-3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition
25 and installation of MDCs that are or will be mounted in patrol vehicles and
26 motorcycles assigned to CITY, and b) recurring costs, as deemed
27 necessary by COUNTY, including the costs of maintenance and
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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.
10 N-4 If, following the initial acquisition of MDCs referenced above, CITY requires
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MDCs for additional patrol cars or motorcycles designated for use in the
CITY, or for CITY's Emergency Operations Center, COUNTY will purchase
said additional MDCs. Upon demand by COUNTY, CITY will pay to
COUNTY a) the full costs of acquisition and installation of said additional
MDC's, and b) the full recurring costs for said MDCs, as deemed
necessary by COUNTY, including the costs of maintenance, and
contributions to a fund for replacement and upgrade of such MDCs when
they become functionally or technologically obsolete. Said costs related to
additional MDCs are not included in, and are in addition to, the costs set
forth in Attachment G and the Maximum Obligation of CITY set forth in
21 Subsection G-2 of this Agreement.
22 N-5. COUNTY will replace and/or upgrade MDCs as needed. The costs of
23 replacing/upgrading MDCs shall be paid by COUNTY from the
24 replacement/upgrade funds to be paid by CITY in accordance with the
25 foregoing. CITY shall not be charged any additional charge to replace or
26 upgrade MDCs."
27 9. For the period July 1, 2016 through June 30, 2017, E-CITATION UNITS
28 Subsections 0-3 and 0-4 of the Agreement are amended to read as follows :
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"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 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.
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."
All other provisions of the Agreement, to the extent that they are not in conflict
with this FIRST AMENDMENT TO AGREEMENT, remain unchanged
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IN WITNESS WHEREOF, the parties have executed the FIRST
2 AMENDM E GREEMENT in the County of Orange, State of California.
3 0l2t (l ~
4 CITY OF SAN JUAN CAPISTRANO
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~PR~~;J AS TO FORM :
1: BY :~ ktr/t ) · 'i:f_./fu#
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12 DATED: ~/?f;Jk
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22 Stieler
Clerk of the Board
23 County of Orange, California
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APPROVED AS TO FORM:
Office of the County Counsel
County of Orange, California
BY:Yd wU 0&L
Deputy
DATED:~s A~'cliJ-~-;)_I"b __
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 1.00
SUPERVISION:
Sergeant Patrol 4.00 each, 80 hrs./ per two wk. pay period
Sergeant Administrative 1.00 80 hrs./ per two wk. pay period
INVESTIGATION SERVICES:
Investigator 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
Deputy Sheriff II -Motor Motorcycle 2.00 each, 80 hrs./ per two wk. pay period
ADDITIONAL SERVICES*:
Crime Prevention Specialist Crime Prevention 1.00 80 hrs./ per two wk. pay period
Community Services Officer Parking Control 2.00 each, 80 hrs./ per two wk. pay period
Deputy Sheriff II Community Support 1.00 80 hrs./ per two wk. pay period
Deputy Sheriff II DET 1.00 80 hrs./ per two wk. pay period
Deputy_ Sheriff II Extra Help As needed
TOTAL 30.00
* Deployment to be determined by SHERIFF in cooperation with CITY Manager
REGIONAL I SHARED STAFF ·
Title Regional Team Quantity % Allocation
TRAFFIC:
SerQeant Traffic 0.60 7.91%
Deputy Sheriff II Traffic 4.00 7.91%
lnvestiQative Assistant Traffic 2.00 7.91%
Office Specialist Traffic 1.00 7.91%
AUTO THEFT:
SerQeant Auto Theft 0.30 5.59%
Investigator Auto Theft 2.00 5.59%
lnvestiQative Assistant Auto Theft 1.00 5.59%
Office Specialist Auto Theft 1.00 5.59%
DET:
SerQeant DET 1.00 10.96%
Investigator DET 1.00 10.96%
SUBPOENA:
Office Specialist Subpoena 1.00 6.97%
COURTS:
Investigative Assistant Courts 2.00 15.54%
MOTORCYCLE (shared Supervision):
Sergeant Motorcyle Supervision 0.50 6.45%
TOTAL 17.40
Page 1 of 1
ORANGE COUNTY SHERIFF-CORONER
FY 2016-17 LAW ENFORCEMENT CONTRACT
CITY OF SAN JUAN CAPISTRANO
"PAYMENT"
(Subsection G-2)
COST OF SERV ICES PROVIDED BY SHERIFF {Subsection G -2):
Cost of Service
Title Detail Quantity (each)
MANAGEMENT:
Lieutenant 1.00 $ 334,955
SUPERVISION:
Sergeant Administrative 1.00 $ 293,152
Sergeant Patrol 4.00 $ 293,152
INVESTIGATION SERVICES:
Investigator 2.00 $ 287,931
PATROL AND TRAFFIC SERVICES:
Deputy Sheriff II -Patrol Patrol 15.00 $ 242,547
Deputy Sheriff II -Motor Motorcycle 2.00 $ 247,767
ADDITIONAL SERVICES:
Crime Preveniton Specialist Crime Prevention 1.00 $ 97,650
Community Services Officer Parking Control 2.00 $ 120,372
Deputy Sheriff II Community Support 1.00 $ 242,547
Deputy Sheriff II DET 1.00 $ 242,547
Deputy Sheriff II Extra Help
TOTAL POSITIONS 30.00
REGIONAL I SHARED STAFF·
Title Regional Team Quantity "'o Allocation
TRAFAC:
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 Auto Theft 1.00 5.59%
Office Specialist Auto Theft 1.00 5.59%
DET:
Sergeant DET 1.00 10.96%
Investigator DET 1.00 10.96%
SUBPOENA:
Office Specialist Subpoena 1.00 6.97%
COURTS:
Investigative Assistant Courts 2.00 15.54%
MOTORCYCLE (shared Supervision):
Sergeant Motorcyle Supervision 0.50 6.45%
TOTAL REGIONAUSHARED 17.40
OTHER CHARGES AND CREDITS (Subsection G-2):
OTHER CHARGES:
Cost of Service
Total
$ 334,955
$ 293,152
$ 1,172,608
$ 575,862
$ 3,638,205
$ 495,534
$ 97,650
$ 240,744
$ 242,547
$ 242 ,547
$ 74,336
$ 7,408,140
Cost$
$ 14,654
$ 76,198
$ 19,290
$ 7.883
$ 5,168
$ 29.338
$ 6,789
$ 5 ,541
$ 43,551
$ 36,486
$ 6,285
$ 36 ,779
$ 10,484
$ 298,446
Other Charg es jm;lude: Annual leave paydowns and apportionment of cost of leave balances paid at end of employment; premium pay
for bilingual staff; contract administration; data line charges; direct services and supplies; Enhanced helicopter response services; E-
Citation recurring costs for three (3) units; facility lease; holiday pay; Integrated Law & Justice of Orange County fees; Mobile Data
Computer (MDC) 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:
Credj ts i nclyde : 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 (Subse.ctlon G-2) $ 8 ,801 ,628
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ATTACHMENT G