Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  25-000283

 

MEETING DATE:

05/20/25

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

Sheriff-Coroner   (Approved)

Department contact person(s):

Brian Wayt (714) 647-1803 

 

 

Noma M. Crook (714) 834-6681

 

 

Subject:  Approve Revised Technology Service Rates

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Resolution to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost:   N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:            

Sole Source:   N/A

    Current Fiscal Year Revenue: N/A

   Funding Source:     Other: 100% (Fees charged to users)

County Audit in last 3 years: No

   Levine Act Review Completed: N/A

 

    Prior Board Action:         6/4/2024 #13, 6/27/2023 # 50, 6/28/2022 #34

 

RECOMMENDED ACTION(S):

 

 

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.

 

2.

Adopt a Resolution that:

 

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.

 

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.

 

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.

 

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.

 

e.

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.

 

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:

 

Board of Supervisors (Board) Approved

 

Resolution

 

Comments

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.

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.

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

 

 

FY24-25 Rates

FY25-26 Proposed

Change ($)

change (percent)

Install Rate

 $153.00

 $160.00

 $7.00

4.58 percent

Engineering Rate

 $205.00

 $214.00

 $9.00

4.39 percent

Tech Rate

 $178.00

 $185.00

 $7.00

3.93 percent

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