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Agenda Item
ASR
Control 25-000283 |
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MEETING
DATE: |
05/20/25 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
All
Districts |
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SUBMITTING Agency/Department: |
Sheriff-Coroner (Approved) |
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Department contact person(s): |
Brian
Wayt (714) 647-1803 |
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Noma
M. Crook (714) 834-6681 |
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Subject: Approve Revised Technology Service
Rates
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Resolution to Form |
Discussion |
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3
Votes Board Majority |
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Budgeted: N/A |
Current Year
Cost: N/A |
Annual Cost: N/A |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 6/4/2024 #13, 6/27/2023 # 50,
6/28/2022 #34 |
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RECOMMENDED
ACTION(S):
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1. |
Find that the
proposed rates are Statutorily Exempt from the provisions of the CEQA
pursuant to Section 21080(b) (8) of the Public Resources Code and Section
15273 of the CEQA Guidelines as the establishment or modification of rates,
fees, and charges, which are for the purpose of meeting operating expenses,
including employee wage rates and fringe benefits, purchasing or leasing
supplies, equipment or materials as set forth herein. |
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2. |
Adopt a
Resolution that: |
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a. |
Finds that
adoption of the Resolution approving the fees is statutorily exempt from the
provisions of the California Environmental Quality Act pursuant to Section
21080(b) (8) of the Public Resources Code and Section 15273 of the CEQA
Guidelines as the establishment or modification of rates, fees and charges
that are for the purpose of meeting operating expenses, including employee
wage rates and fringe benefits, and purchasing or leasing supplies, equipment
or materials. |
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b. |
Finds that the
rates meet the requirements set forth in subdivision (e) (2) to Section 1 of
Article XIIIC of the California Constitution and are therefore exempt from
the definition of a tax as used therein. |
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c. |
Finds that the
revenue resulting from the fees established pursuant to this Resolution will
not exceed the Sheriff-Coroner Department’s reasonable cost for providing
these services. |
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d. |
Authorize the
Sheriff-Coroner to charge using revised rates based on time and material for
services as described in Attachment A, effective July 1, 2025 for both 800
MHz and non-800 MHz equipment provided to cities, County departments and
other governmental organizations with contracts with the County for
technology services. |
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e.
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Authorize the
Sheriff-Coroner to amend, on behalf of the County of Orange, the appendices
to the technology agreements between the County and cities and other
governmental organizations to reflect the foregoing revisions of rates for
services. |
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f. |
Supersedes
Resolution No. 24-060. |
SUMMARY:
Approval of revised service rates
charged to cities, County agencies and departments and outside governmental
agencies that contract with the County for technology services for
installation, maintenance, repair, and programming provided by Sheriff-Coroner Technology
for 800 MHz and non-800 MHz equipment will ensure Sheriff's cost recovery.
BACKGROUND
INFORMATION:
Sheriff-Coroner Technology provides
certain services to cities and other governmental organizations by contract or
agreement and to other County agencies and departments. These services include
repair and maintenance of mobile radios, portable radios, dispatch consoles and
control stations; installation of radio equipment; and repair, maintenance and
installation of sound, video, and security systems. The use of these services
is voluntary, except for the reprogramming of 800 MHz equipment which is intended
to assure strict system security requirements. The following is a history of
the Board adopted resolutions:
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Board
of Supervisors (Board) Approved |
Resolution |
Comments |
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6/28/22 |
Resolution no. 22-083 |
Board adopted
resolution 22-083 approving revised billing rates charged to cities, County
agencies and departments and other governmental organizations for
installation, maintenance, repair and programming for 800 MHz and non-800 MHz
equipment, effective July 1, 2022. |
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6/27/23 |
Resolution no. 23-083 |
Board adopted
resolution 23-083 approving revised billing rates charged to cities, County
agencies and departments and other governmental organizations for
installation, maintenance, repair and programming for 800 MHz and non-800 MHz
equipment, effective July 1, 2023, to include charge for Parts &
Materials and System Entry Fee. |
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6/4/24 |
Resolution no. 24-060 |
Board adopted
resolution 24-060 approving revised billing rates charged to cities, County
agencies and departments and other governmental organizations for
installation, maintenance, repair and programming for 800 MHz and non-800 MHz
equipment, effective July 1, 2024, to include charge for Parts &
Materials and System Entry Fee. |
In March 2025, Sheriff-Coroner's
Financial/Administrative Services conducted a comprehensive cost study to
reevaluate the Technology Division’s rate for 800 MHz and non-800 MHz
equipment. Based on the updated cost study, which included a review of actual operating
costs and overhead, the following new rates are proposed:
Time and Material Rates
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FY24-25 Rates |
FY25-26 Proposed |
Change ($) |
change (percent) |
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Install Rate |
$153.00 |
$160.00 |
$7.00 |
4.58 percent |
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Engineering Rate |
$205.00 |
$214.00 |
$9.00 |
4.39 percent |
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Tech Rate |
$178.00 |
$185.00 |
$7.00 |
3.93 percent |
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Escort Rate |
$177.00 |
$184.00 |
$7.00 |
3.95 percent |
Parts and Materials (Cost), System Entry
Fee (Cost) effective July 1, 2025. These new rates were presented in the 800MHz
Countywide Coordinated Communications System (CCCS) Governance Board Committee.
Customers include cities, County agencies
and departments and outside governmental agencies who will be charged on a time
and material basis for maintenance and repair of 800 MHz equipment. These rates
also apply to other non-800 MHz service provided by the Technology division,
including the maintenance and repair of sound, video security and patrol video
surveillance system and provision of escort service to remote sites.
Compliance
with Proposition 26:
The fees do not fall within the definition of a tax under Proposition 26
because they are exempted by California Constitution Article XIIIC, Section 1,
Subdivision (e) (2). Subdivision (e) (2) exempts from the definition of a tax,
“a charge imposed for a specific government service or product provided
directly to the payor that is not provided to those not charged, and which does
not exceed the reasonable costs to the local government of providing the
service or product.” This exemption applies because the fee amounts are limited
to no more than what is necessary for the Sheriff to recover the reasonable costs
of providing the service.
Compliance
with CEQA:
The adoption of the Resolution approving the fees is statutorily exempt from
the provisions of the California Environmental Quality Act pursuant to Section
21080(b) (8) of the Public Resources Code and Section 15273 of the CEQA
Guidelines as the establishment or modification of rates, fees and charges that
are for the purpose of meeting operating expenses, including employee wage
rates and fringe benefits and purchasing or leasing supplies, equipment or materials.
FINANCIAL
IMPACT:
Approval of the proposed revised
fees will more accurately recover the actual costs to the County for providing
service. The overall budget impact is included in the FY 2025-26 at the current
rate and will be part of the budgeting process for future fiscal years for
Budget Control 060 at the new proposed rate.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A - Draft Resolution
Attachment B - California Constitution Article XIIIC, Section 1
Attachment C - Fee Checklist and Cost Study
Attachment D - Board Resolution No. 24-060
Attachment E - Public Resources Code Section 21080