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17-0501_ORANGE, COUNTY OF_Law Enforcement Services Agreement Second Amd1 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 SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE THIS SECOND AMENDMENT TO AGREEMENT, entered into this First day of May 2017, 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, 2017, that certain Agreement between the parties commencing July 1, 2015, hereinafter referred to as the "Agreement". 1. For the period July 1, 2017 through June 30, 2018, REGULAR SERVICES BY COUNTY, Subsection C-4 of the Agreement is amended to read as follows: "C-4. The level of service, other than for licensing, to be provided by the COUNTY for the period July 1, 2017 through June 30, 2018, is set forth in Attachment F and incorporated herein by this reference." 2. For the period July 1, 2017 through June 30, 2018, PATROL VIDEO SYSTEMS, Subsection E-3 of the Agreement is 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. 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 Page 1 of 6 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 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, 2017 through June 30, 2018." 3. For the period July 1, 2017 through June 30, 2018, 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 for increases as set forth in Subsection G-4, 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, 2017 through June 30, 2018, shall be $9,729,656, 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." 4. For the period July 1, 2017 through June 30, 2018, 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 2017-18 cost set forth in Attachment G nor in the FY 2017-18 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, Page 2 of 6 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 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 are attributable to work performed by such personnel during the period July 1, 2017 through June 30, 2018, 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, 2017 and June 30, 2018 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, 2017 through June 30, 2018, 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, 2017 and June 30, 2018 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, 2017 through June 30, 2018 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 Page 3 of 6 1 2 3 4 5 6 8 9 10 11 12 5 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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-4 must be paid, COUNTY thereafter shall include the pro -rata charges for such increases in its monthly invoices to CITY for the balance of the period between July 1, 2017 and June 30, 2018." For the period July 1, 2017 through June 30, 2018, TRAFFIC VIOLATOR APPREHENSION PROGRAM, Subsection M-3 of the Agreement is 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: • Ten one hundredths of one (0.10) Sergeant (8 hours per two-week pay period) • One (1) Staff Specialist (80 hours per two-week pay period) • One (1) Office Specialist (80 hours per two-week pay period)" 6. For the period July 1, 2017 through June 30, 2018, MOBILE DATA COMPUTERS, Subsection N-3 of the Agreement is 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 4 of 6 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 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, 2017 through June 30, 2018." 7. For the period July 1, 2017 through June 30, 2018, E -CITATION UNITS Subsection 0-3 of the Agreement is amended to read as follows: 8 H // H "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, 2017 through June 30, 2018." All other provisions of the Agreement, to the extent that they are not in conflict with this SECOND AMENDMENT TO AGREEMENT, remain unchanged Page 5 of 6 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 WITNESS WHEREOF, the parties have executed the SECOND AMENDMENT TO AGREEMENT in the County of Orange, State of California. DATED: -u ATTEST: LWQ-,zi,,v, ity derkO DATED: I CITY OF SAN JUAN CAPISTRANO �l Uvau\j APPROVED AS TO FORM: dr le BY: Ci ttorney COUNTY OF ORANGE BY: ?11�u airwoman of thUa6rd 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 �f in 5tieler Clerk of the Board County of Orange, California APPROVED AS TO FORM: Office of the County Counsel County of Orange, California BY: Deputy DATED: ��17 Page 6 of 6 ATTACHMENT F ORANGE COUNTY SHERIFF -CORONER FY 2017-18 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 Traffic 1.00 7.31% SUPERVISION: Traffic 4.00 7.31% 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 Auto Theft 2.00 each, 80 hrs./ per two wk. pay period PATROL AND TRAFFIC SERVICES*: Auto Theft 2.00 Deputy Sheriff II -Patrol Patrol 15.00 each, 80 hrs./ per two wk. pa period Deputy Sheriff II -Motor Motorcycle 2.00 each, 80 hrs./ per two wk. pay period ADDITIONAL SERVICES`: DET: 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. a period Deputy Sheriff II DET 1.00 80 hrs./ per two wk. pay period Deputy Sheriff II Extra Help 6.95% As needed TOTAL 30.00 Investigative Assistant " Deployment to be determined by SHERIFF in cooperation with CITY Manager REGIONAL/ SHARED STAFF:. Title Regional Team Quantity % Allocation TRAFFIC: Sergeant Traffic 0.60 7.31% Deputy Sheriff II Traffic 4.00 7.31% Investigative Assistant Traffic 2.00 7.31% Office Specialist Traffic 1.00 7.31% AUTO THEFT: Sergeant Auto Theft 0.30 6.77% Investigator Auto Theft 2.00 6.77% Investigative Assistant Auto Theft 1.00 6.77% Office S ecialist Auto Theft 1.00 6.77% DET: Sergeant DET 1.00 11.93% Investigator DET 1.00 11.93% SUBPOENA: Office Specialist Subpoena 1.00 6.95% COURTS: Investigative Assistant Courts 2.00 21.83% MOTORCYCLE shared Su envision : Ser eant Motorc le Supervision 1.00 6.90% TOTAL 17.90 Page 1 of 1 ATTACHMENT G ORANGE COUNTY SHERIFF -CORONER FY 2017-18 LAW ENFORCEMENT CONTRACT CITY OF SAN JUAN CAPISTRANO "PAYMENT" (Subsection G-2) rOgT OF AFRVICFS PROVIDED BY SHERIFF (Subsection G-21: Title Detail Quantity % Allocation Cost of Service (each) Cost of Service Total MANAGEMENT: Lieutenant Traffic 1.00 $ 370,100 $ 370,100 SUPERVISION: Traffic 4.00 7.31% $ 75,138 Sergeant Patrol 4.00 1 $ 311,469 $ 1,245,876 Sergeant Administrative 1.00 $ 311,469 $ 311,469 INVESTIGATION SERVICES: _ Investi ator Auto Theft 2.00 $ 313,751 $ 627.502 PATROL AND TRAFFIC SERVICES: Auto Theft 2.00 6.77% $ 39,669 Deputy Sheriff II -Patrol Patrol 15.00 $ 256,577 $ 3,848,655 Deputy Sheriff II -Motor Motorcycle 2.00 $ 261,924 $ 523,848 ADDITIONAL SERVICES: Crime Preveniton Specialist Crime Prevention 1.00 $ 100,507 $ 100,507 Community Services Officer Parking Control 2.00 $ 122,748 $ 245,496 Deputy Sheriff II Community Support 1.00 $_ 256,577 $ 256,577 Deputy Sheriff II DET 1.00 $ 256,577 $ 256,577 Deputx Sheriff II Extra Help I $ 88,002 TOTAL POSITIONS Courts 30.00 21.83% $ $ 7,874,609 RFr.In UAI 1 SHARFD STAFF! Title Regional Team Quantity % Allocation Cost $ TRAFFIC: Sergeant Traffic 0.60 7.31% $ 15,500 Deputy Sheriff II Traffic 4.00 7.31% $ 75,138 Investigative Assistant Traffic 2.00 7.31% $ 18,310 Office Specialist Traffic 1.00 7.31% $ 7,278 AUTO THEFT: Sergeant Auto Theft 0.30 6.77% $ 7,185 Investigator Auto Theft 2.00 6.77% $ 39,669 Investi ative Assistant Auto Theft 1.00 6.77% $ 8,548 Office Specialist Auto Theft 1.00 6.77% $ 6,906 DET: Sergeant DET 1.00 11.93% $ 52,734 Investigator DET 1.00 11.93% $ 44,170 SUBPOENA: Office Specialist Subpoena 1.00 6.95% $ _ 6,523 COURTS: Investigative Assistant Courts 2.00 21.83% $ 51,681 MOTORCYCLE shared Superyision Sergeant Motorc Ie Supervision 1 1.00 6.90% $ 22,970 TOTAL REGIONAL/SHARED 17.90 is 356,612 'OTHER CHARGES AND CREDITS (Subsection G-2): OTHER CHARGES: Other ChaLgas ingluoe: 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 seventeen (17) units; on-call pay; overtime; patrol training cost allocation; Patrol Video System (PVS) recurring cost for eleven (11) units; and transportation charges. CREDITS: Credlts include: Estimated vacancy credits; false alarm fees reimbursement for training and miscellaneous programs; and retirement rate discount for FY 2017-18. TOTAL OTHER CHARGES AND CREDITS $ 1,498,435 TOTAL COST OF ER I (Subsection G-2) $ 9,729,656 Page 1 of 9