1 NAPA COUNTY AGREEMENT NO. 170880B
TOWN OF YOUNTVILLE AGREEMENT NO. _______
AMENDMENT NO. 5
TO AGREEMENT FOR LAW ENFORCEMENT SERVICES
BETWEEN THE COUNTY OF NAPA
AND
THE TOWN OF YOUNTVILLE
This Amendment No. 5 to Napa County Agreement No. 170880B for law enforcement services (the "Amendment") is made and entered into as of the 1st day of July, 2024, by and between the County of Napa ("County"), a political subdivision of the State of California, and the Town of Yountville ("Town"), a municipal corporation.
RECITALS
WHEREAS, the parties previously entered into an Agreement for Law Enforcement Services, initially dated July, 1997 and thereafter amended from time to time until a new agreement was reached between the parties dated July 2007 (Napa County Agreement No. 1841/170880B, hereafter "Agreement"), pursuant to which the Town contracted with County for the provision of certain law enforcement services within the Town’s municipal boundaries; and
WHEREAS, the parties thereafter entered into four amendments to the Agreement to provide for new fixed costs; and
WHEREAS, the parties now desire to amend the Agreement to provide for a new fixed cost for services for a new four-year term; and
WHEREAS, Section 38 of the Agreement provides that all changes to the Agreement must be by written amendment authorized by Town’s Council and the County's Board of Supervisors.
TERMS
NOW, THEREFORE, in consideration of the foregoing, the mutual agreements of the parties and other valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
1. Section 2, entitled “Levels of Service” is hereby amended to read in full as follows:
“Commencing July 1, 2024, the levels of service shall be as set forth in Exhibit A-5, attached hereto and incorporated here by reference. The Sheriff shall confer with Town regarding assignment of personnel and scheduling of patrol hours to best meet the needs of Town. As a general matter, the parties agree that County shall provide a minimum of 160 hours per week of patrol service to Town as of July 1, 2024. However, the Sheriff 2 has and retains discretion to determine the level of support required to ensure an effective law enforcement response to any given situation. Town will be promptly notified in the event the Sheriff significantly increases the level of support pursuant to this provision.
Similarly, the Sheriff has and retains discretion to reduce the staffing level where appropriate. Town will be promptly notified in the event of a reduction in staffing. At the end of the fiscal year, the parties will review any changes to Town’s costs as a result of the reduction in staffing.”
2. Section 13, entitled “Compensation for Services” is hereby amended to read in full as follows:
“The parties have agreed that the costs for performance of services during the term of the Agreement as amended herein (from July 1, 2024 through June 30, 2028) shall be as follows: for Fiscal Year 2024-2025: One Million Three Hundred Seventy-Four Thousand Five Hundred Fifty-Two Dollars ($1,374,552); for Fiscal Year 2025-2026: One Million Four Hundred Ninety-One Thousand Three Hundred Eighty-Nine Dollars ($1,491,389); for Fiscal Year 2026-2027: One Million Six Hundred Eighteen Thousand One Hundred Fifty-Seven Dollars ($1,618,157); for Fiscal Year 2027-2028: One Million Seven Hundred Fifty-Five Thousand Seven Hundred and One Dollars ($1,755,701). "Fiscal Year" covers the period of July 1 through June 30. A further breakout of the amounts is provided in the Service Plan, which is attached hereto as Exhibit A-5 and incorporated here by reference.”
“The amounts set forth above include all allowable direct and indirect costs estimated to be incurred by County for the services set forth in the Service Plan. Specifically, each amount will include, but is not necessarily limited to: non-recurring personnel start-up costs (associated with hiring/training personnel to replace Sheriff's Department employees to be allocated to Town for performance of services hereunder); estimated salaries for employees expected to be performing services; all employee benefits to be paid by County at rates established by the County Board of Supervisors; the estimated cost of providing relief for all allowable absences (including, but not limited to, vacation, compensatory time off, sick leave, disability leave, bereavement leave, military leave and jury duty); and indirect expenses i.e., internal overhead associated with functions such as administration, records, and crime analysis.
“Employees performing services under this Agreement will be entitled to all benefits, including paid holidays and other paid leave (such as vacation, compensatory time off, sick leave, disability leave, bereavement leave, military leave and jury duty) as allowed by County for all employees and/or as allowed by bargaining agreements governing the employee classifications performing services hereunder. All costs associated with such benefits are allowable under this Agreement.
3. Exhibit “A-5” attached hereto and incorporated herein by reference is hereby made a part of the Agreement and is incorporated therein by reference. Exhibit “A-5” is the Service Plan that sets forth the levels of service to be provided during the term of this Agreement as amended herein (July 1, 2024 through June 30, 2028). 3 4. During the term of the Agreement as amended herein (July 1, 2024 through June 30, 2028), all references to “Estimated Amount” in Agreement No. 170880B shall mean the fixed amounts set forth in Section 13 (Compensation for Services) as amended herein.
5. Except as expressly set forth herein, the Agreement shall remain unchanged and in full force and effect. This Amendment may be executed in counterparts with the same force and effect as if each of the signatories had executed the same instrument.
IN WITNESS WHEREOF, this Amendment was executed by the parties hereto as of the date first above written.
NAPA COUNTY, a political subdivision of
the State of California
By:_________________________________
JOELLE GALLAGHER, Chair of the
Board of Supervisors
APPROVED AS TO FORM
Office of County Counsel
By: S. Darbinian
Deputy County Counsel
Date: April 30, 2024
APPROVED BY THE NAPA COUNTY
BOARD OF SUPERVISORS
Date:_____________________________
Processed By:
______________________________
Deputy Clerk of the Board
ATTEST: NEHA HOSKINS
Clerk of the Board of Supervisors
By:_________________________
TOWN OF YOUNTVILLE
By: _________________________________
MARGIE MOHLER, Mayor
ATTEST:
Yountville Town Clerk
By:
Hilary Gaede, Town Clerk
APPROVED AS TO FORM:
_________________, Town Attorney
By:
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