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HomeMy WebLinkAbout72-21RESOLUTION 72-21 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE SANTA CLARA COUNTY OFFICE OF THE SHERIFF TO MANAGER THE TOWN'S AUTOMATIC LICENSE PLATE READER SYSTEM WHEREAS, the Town of Los Altos Hills ("Town") desires to install Automatic License Plate Reader cameras (ALPRs) in public locations in the community for law enforcement purposes; and WHEREAS, at its meeting on April 15, 2021, the Los Altos Hills City Council authorized the City Manager to enter into an agreement with Flock Safety to install 40 ALPR cameras in Town; and WHEREAS, the Town desires to have the Santa Clara County Office of the Sheriff manage the Town's ALPR system and respond to public safety notifications flagged by the system; and WHEREAS, On September 28, 2021, the Santa Clara County Board of Supervisors discussed ALPR cameras in the Town of Los Altos Hills and approved a Surveillance Use Policy establishing parameters for the use of the cameras by the County Sheriff in Town; and WHEREAS, a Memorandum of Understanding between Santa Clara County and the Town of Los Altos Hills is needed to dictate each parties' obligations with respect to the ALPR system. / NOW THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills hereby authorized the City Manager to enter into a Memorandum of Understanding with the Santa Clara County Office of the Sheriff to manage the Town's ALPR system, attached hereto and incorporated herein as Exhibit A. The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 21 th day of October, 2021 by the following vote: AYES: Tanlcha, Tyson, Mok, Schmidt, Swan NOES: None ABSTAIN: None ABSENT: None ATTEST: Lot", Resolution 72-21 Kavita Tankha, Mayor Page 1 Exhibit A MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF SANTA CLARA AND THE TOWN OF LOS ALTOS HILLS REGARDING THE USE OF AUTOMATIC LICENSE PLATE READERS (ALPRs) This Memorandum of Understanding ("MOU") is made between the County of Santa Clara ("County") and the Town of Los Altos Hills ("Town") (collectively referred to as the "Parties" and each one a "Party") regarding the administration of the Town's Automatic License Plate Reader system ("ALPRs"). I. PURPOSE In 2014, the County entered into a Law Enforcement Contract with the Town pursuant to which the County of Santa Clara Office of the Sheriff ("Sheriff's Office") provides law enforcement services within the corporate limits of the Town. The Law Enforcement Contract is attached as Exhibit A to this MOU. The Town has acquired ALPRs for use within the corporate limits of the Town. The Town desires that the Sheriff's Office administer the ALPR system pursuant to the Law Enforcement Contract between the County and the Town. The purpose of this MOU is to govern the Parties' obligations with respect to the ALPRs. II. ROLES AND RESPONSIBILITIES A. Acquisition and Maintenance of ALPRs The Town will be responsible for the acquisition, installation, and maintenance of the ALPRs, and any associated costs. The Town may consult with the Sheriff's Office on the placement of the ALPRs. B. Authorized and Prohibited Uses The ALPRs will only be used for the purposes identified in the Town's ALPR Policy (attached as Exhibit B) and the County ALPR Surveillance Use Policy (attached as Exhibit Q. Where a conflict exists between the Town ALPR Policy and the County ALPR Surveillance Use Resolution 72-21 Page 2 Policy, the County ALPR Surveillance Use Policy shall govern the conduct of the County and the Sheriff's Office, and any officers, employees, or agents thereof, with respect to the ALPRs. C. Data Collection, Storage, Access, Sharing, and Retention Data collection, storage, access, sharing, and retention will be in accordance with the Town ALPR Policy and the County ALPR Surveillance Use Policy. Where a conflict exists between the Town ALPR Policy and the County ALPR Surveillance Use Policy, the County ALPR Surveillance Use Policy shall govern the conduct of the County and the Sheriff s Office, and any officers, employees, or agents thereof, with respect to the ALPRs. The Town further agrees that it will delegate the administrative account with two -factor authentication enabled for the ALPR system to a Sheriff's Office employee designated by the Sheriffs Office. The Town shall at no time maintain an account for the ALPR system that allows the Town access to the data collected or stored by the ALPR system. D. Data Ownership As between the County and the Town, the Town owns the images captured by the ALPR system. The County owns any data input by the Sheriff s Office into the ALPR system and any data or records generated by the ALPR system or by the ALPR vendor reflecting a match between an image and a vehicle of interest. E. Training All Sheriff's Office personnel authorized to use and access the ALPR system and data pursuant to this MOU shall receive all required training from the Sheriff's Office. Said Personnel shall also review and receive copies of the Town ALPR Policy and the County ALPR Surveillance Use Policy. F. Oversight Each Party will be responsible for ensuring that its officers, employees, and agents comply with this MOU, including the Town ALPR Policy and County Surveillance Use Policy. All access to ALPR Data shall be logged, and the Sheriffs Office shall maintain an audit trail of requested and accessed information, including the purpose of the search. The Sheriff's Office shall conduct an audit on at least an annual basis to determine compliance with this MOU, the incorporated exhibits, and all applicable laws. The Sheriff shall provide copies of the audit Resolution 72-21 Page 3 report to the Town as requested, but is entitled to withhold any law enforcement sensitive portions of the report (e.g. California Department of Justice or other criminal justice data released on a need to know/right to know basis). G. Compensation The Sheriff's Office will be compensated for services performed under this MOU in accordance with Section II of the Law Enforcement Contract. III. TERM OF AGREEMENT The term of this MOU shall commence upon the date of execution by all Parties and shall expire on July 1, 2024, unless otherwise terminated by the Parties as provided herein. The Parties may, by written amendment to this MOU executed by all Parties, extend the term of the MOU. IV. TERMINATION Any Party may terminate this MOU, at any time and without cause, upon 60 days' written notice given to the other Party pursuant to Section VI, "NOTICES." The County (through the Board of Supervisors) may immediately terminate the MOU for cause if it determines that the Town is violating the terms of this MOU, including the attached Exhibits. Prior to terminating for cause, the County must provide the Town with notice of the alleged breach, and provide the Town 5 business days to respond and remedy the breach. The County (through the Board of Supervisors) may immediately terminate the MOU if Town fails to timely remedy the breach. Notwithstanding Section I11, the MOU shall immediately terminate upon the termination of the Law Enforcement. Contract (including any extensions or amendments thereof). Should the Town revolve or amend the Town ALPR Policy, or the County revoke or amend the County ALPR Policy, either Party has the option to either terminate this MOU or to offer an amendment to the MOU. V. AMENDMENTS This MOU may only be amended by a written instrument signed by the Parties. VI. NOTICES Any notice required to be given under this MOU shall be in writing and addressed as follows: Resolution 72-21 Page 4 Notice to County: Laurie Smith, Sheriff Santa Clara County Office of the Sheriff 55 W. Younger Avenue San Jose, CA 95110 County of Santa Clara Board of Supervisors 70 West Hedding Street East Wing, 10th Floor San Jose, CA 95110 Jeffrey V. Smith, County Executive 70 West Hedding Street 11th Floor San Jose, CA 95110 James Williams, County Counsel 70 West Hedding Street East Wing, 9th Floor San Jose, CA 95110 Notice to Town: City Manager's Office 26379 Fremont Rd. Los Altos Hills, CA 94022 Notice required by this MOU shall be effective when deposited in the United States mail, first class postage prepaid. VII. INDEMNIFICATION AND INSURANCE Indemnification and insurance for purposes of this MOU will be governed by Sections IV and V of the Law Enforcement Contract. VIII. RECORDS REQUESTS The Parties are public agencies subject to the disclosure requirements of the California Public Records Act ("CPRA"). To the extent a Party's proprietary information is contained in documents or information submitted to any other Party, and the Party submitting the document or information ("submitting Party") claims that such information falls within one or more CPRA exemptions, the submitting Party must clearly marls such information "CONFIDENTIAL AND PROPRIETARY" or with Resolution 72-21 Page 5 similar language, and identify the specific lines containing the information. In the event of a request for such information, the Party in receipt of such information ("receiving Party") will make best efforts to provide notice to the submitting Party prior to such disclosure pursuant to a CPRA request. If the receiving Party receives a CPRA request seeking or partially seeking information clearly marked as confidential or proprietary of the submitting Party, the receiving Party will provide written notice to the submitting Party in a reasonably prompt manner. If the submitting Party contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the receiving Party is required to respond to the CPRA request. If the submitting Party fails to obtain such remedy within the time the receiving Party is required to respond to the CPRA request, the receiving Party may disclose the requested information. Data collected by the ALPRs shall not be made public unless required by federal or state law or court order. The Parties agrees that they will notify and consult with the other with respect to any CPRA request seeking records relating to the ALPR system. The Parties agrees that it shall defend, indemnify and hold harmless the other against any claim, action or litigation (including but not limited to all judgments, costs, fees, and attorney's fees) that may result from denial of a CPRA request for information arising from any representation, or any action (or inaction) of the indemnifying Party. IX. CONFLICTS OF INTEREST The Parties shall comply, and shall ensure that their employees, contractors and subcontractors comply, with all applicable (i) requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act (California Government Code section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). In accepting this MOU, the Parties covenant that they presently have no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of Resolution 72-21 Page 6 this MOU. Each Party is responsible for assuring compliance of its subcontractors and employees with the requirements of this provision. X. NON-DISCRIMINATION The Parties shall comply with all applicable laws concerning nondiscrimination and equal opportunity in employment and contracting, including but not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963; California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. In addition to the foregoing, the Parties shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political belief, organizational affiliation, or marital status in the recruitment, selection for training (including but not limited to apprenticeship), hiring, employment, assignment, promotion, layoff, rates of pay or other forms of compensation. Nor shall the Parties discriminate in the provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. XI. GOVERNING LAWS AND VENUE This MOU has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this MOU shall be in Santa Clara County. XII. ENTIRE AGREEMENT This MOU and its Exhibits and/or Attachments constitute the final, complete, and exclusive statement of the terms of the agreement between the Parties regarding the subject of this MOU. All Exhibits and/or Attachments to this MOU are incorporated herein as one agreement. This MOU incorporates and supersedes all the agreements, covenants and understandings between the Parties concerning the subject matter hereof, and all such Resolution 72-21 Page 7 agreements, covenants and understandings have been merged into this MOU. In the event that any term, condition, provision, requirement, or specification set forth in the body of this MOU conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this MOU, the provisions of the body of the MOU shall prevail. No prior or contemporaneous agreement or understanding, verbal or otherwise, of the Parties or their agents shall be valid or enforceable unless embodied in this MOU. XIII. THIRD PARTY BENEFICIARIES This MOU does not, and is not intended to, confer any rights or remedies upon any person or entity other than the Parties. XIV. SIGNATORIES NOT AGENTSANDEPENDENT CONTRACTOR Parties to this MOU shall have no authority, express or implied, to act on behalf of any signatory in any capacity whatsoever as an agent. The Parties shall have no authority, express or implied, pursuant to this MOU to bind each other to any obligation whatsoever. This MOU is not a contract of employment and does not create an employer-employee relationship between the Parties and neither Party shall be considered the employees of the other and shall not qualify for or become entitled to any claims for employment and retirement benefits from the other. XV. NON -ASSIGNMENT No assignment of this MOU or of the rights and obligations hereunder shall be valid without the prior written consent of all Parties. XVI. WAIVER No delay or failure to require performance of any provision of this MOU shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a party shall be in writing and shall apply to the specific instance expressly stated. XVII. COUNTERPARTS This MOU may be executed by the Parties in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Resolution 72-21 Page 8 XVIII. CONTRACT EXECUTION Unless otherwise prohibited by law or County or Town policies, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term "electronic copy of a signed contract" refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term "electronically signed contract" means a contract that is executed by applying an electronic signature using technology approved either by the County or the Town. WITNESS THE EXECUTION HEREOF on the day and year first hereinabove written. COUNTY OF SANTA CLARA ("County") Dated: Mike Wasserman, President Board of Supervisors Signed and certified that a copy of this document has been delivered by electronic or other means to the President, Board of Supervisors. Attest: MEGAN DOYLE Cleric of the Board of Supervisors Approved as to form and legality: KARUN TILAK Deputy County Counsel Dated: Dated: Resolution 72-21 Page 9 TOWN OF LOS ALTOS HILLS ("Town") Dated: Carl Cahill, City Manager APPROVED AS TO FORM: Dated: Steve Mattas, City Attorney 3793838.1 Resolution 72-21 Page 10 Attachment 3 LAW ENFORCEMENT CONTRACT THIS IS AN AGREEMENT between the County of Santa Clara, State of California, hereinafter referred to as "County," and the Town of Los Altos Hills, hereinafter referred to as "Town." WHEREAS, County has the legal authority to render law enforcement services and criminal justice administrative services to incorporated cities in the County of Santa Clara and is equipped and willing to do so to the extent and in the manner hereinafter provided; and WHEREAS, Town is primarily responsible for providing law enforcement services within Town limits and is desirous of contracting with the County for the rendition of such services; and WHEREAS, County and Town desire to enter into an agreement providing for said services, specifying the nature and extent thereof and establishing compensation to be paid therefore; NOW, THEREFORE, the parties hereto agree as follow: I. LAW ENFORCEMENT SERVICES A. Law Enforcement Services 1. Within the corporate limits of Town, County shall provide police protection through its Sheriff s Office as may be required by Town and as within the capability of the Sheriff to provide. Services to be performed under this section (A)(1) include patrol of established beats, responses to emergency calls, investigative services, and other law enforcement services. The cost of such services shall be set forth in Exhibit A attached. 2. The rendition of such services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services shall remain in the discretion of the Sheriff. 3. In the event of a disagreement as to the performance or amount of the services to be provided pursuant to this section (A)(1), the Sheriff or his/her designee shall meet with the representative(s) of Town to review the manner of performance of such services. B. Supplemental Services 1. Within the corporate limits of Town, , County shall, through its Sheriffs Office, provide supplemental services as requested by the Town. The cost of such services shall be at the rate set forth in Exhibit A. Services to be 12`., :> >TtLx�t1t JUN 3,412014: performed under this section (B)(1) shall be provided exclusively within the Town limits of Town except in an emergency. These services may include, if requested by Town, traffic law enforcement beyond the basic services, crime prevention patrols, and other law enforcement services that are acceptable of being scheduled and within the capability of the Sheriff to provide. 2. The plan of patrol, the hours of coverage and other similar details shall be determined, insofar as it is possible to do so, by the mutual consent of the Sheriff and the City Manager of Town. 3. The level of requested supplemental services shall be determined by mutual written agreement between the County and the Town prior to the beginning of the fiscal year. The agreed upon level of supplemental service shall remain constant in the fiscal year, except upon sixty (60) days written notice by either party. Town may, at any time during the term of this contract, request supplemental services from the Sheriff for a specific period within any fiscal year. Said Agreement for Supplemental Services shall be an addendum to this agreement and shall provide for the type, cost, level and time of such services. 4. Regional assets shall provide services to Town on the same basis as these regional asset services are provided to other law enforcement agencies as provided in mutual aid protocol. C. Supplemental Reserve Services These services are provided by reserve sheriff's deputies. Their primary responsibility is the transportation of arrestees from the arrest location to the appropriate jail facility, and additional services as requested by Town and approved by the Sheriff s Office. D. Plan for Service 1. Prior to March l't of each contract year, Town shall provide to the Sheriff a written statement of the level of law enforcement service to be provided during the coming contract year. if Town fails to request a specific level of service of the coming fiscal year not less than thirty (30) days prior to the start of the fiscal year, County may provide the same level of service as was provided during the previous fiscal year, but for a period of time not to exceed thirty (30) days. Resolution 72-21 Page 12 2. Prior to March 15th of each contract year, Town and Sheriff shall develop a plan which specifies the level and amount of services to be provided in the ensuing fiscal year. P. Assignment and Transfer Policy Sheriffs deputies assigned to provide Law Enforcement Services and Supplemental Services as herein described shall be assigned to Town for a period of not less than three years except when a person is reassigned because of promotion or layoff, because a transfer is requested by the individual, or by the Town and concurred with by the Sheriff. Special Assignment personnel (e.g. SRO) shall be assigned to Town for a period of not less than five years except when a person is reassigned because of promotion or layoff, because a transfer is requested by the individual, or by the Town and concurred with by the Sheriff. F. Designation of Chief of Police If Town shall so desire, and County and the Sheriff shall so agree, nothing in the agreement prevents or limits Town from designating the Sheriff or his designee as its Chief of Police in order to satisfy the provisions of Part I, Division 3, Title 4 of the California Government Code (sections 36501, et seq.). However, this shall not affect the authority of the Sheriff to control and direct employees of this Office in carrying out duties and obligations pursuant to this contract and shall not increase any liability to the County arising from this agreement. G. Disaster Contingency Plan 1. In the event of a major disaster that necessitates the activation of an Emergency Operations Center in Town, a Sheriffs representative shall immediately be dispatched and report to the Director of Emergency Services (City Manager). 2. Initial response by a Deputy Sheriff may be the nearest patrol unit or able bodied officer available. 3. A pre -designated Sheriffs Emergency Operations Center liaison officer shall be notified as soon as possible to respond to the Emergency Operations Center and coordinate law enforcement responsibilities. 4. The pre -designated Emergency Operations Center liaison officers maintained on the active call list shall be available to the Director of Emergency Services, Resolution 72-21 Page 13 5. Responsibility for personnel instruction and any specialized training in the Emergency Operations Center shall be provided by Town. 6. In the event a major disaster occurs, the Sheriff's Office shall provide support as required to comply with the Town's emergency operations cost recovery efforts. H. Booking and Processing Services County shall provide booking and processing services to those arrested persons within the Corporate limits of Town, and who are brought to the County jail for booking or detention. I. Communication Services . The County shall, through its Communication Department, provide for emergency communication services in support of the Sheriffs Office and Town's operations. Services will include 24 hour per day 9-1-1 telephone answering and radio dispatching of Sheriffs personnel. Services will be provided in accordance with the existing departmental operational procedures. II. COMPENSATION A. Compensation for Law Enforcement Services Provided by Sheriff 1. The Town shall compensate the County utilizing the Fiscal Year 2014/2015 base rate established for general law enforcement and county communications (hereinafter "law enforcement"). The parties agree that the annual increase to law enforcement service costs shall be limited to the base rate times the percentage increase in total compensation (exclusive of PERS) provided to all patrol deputies of the Sheriffs Office as set forth in a calculation formula agreed and attached hereto as "Exhibit B" and incorporated herein by reference, or the annual average for the 12 month period of December to December of the US Department of Labor, Bureau of Labor Statistics, Urban Wage Earners and Clerical Workers Consumer Price Index (CPI/W) for the San Francisco -Oakland -San rose region (hereinafter "CPI/W") plus 2%, whichever is less. For years in which compensation is increased in a multi-year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPI/W plus 2% for each individual year. The increase over the life of the agreement will not exceed the actual cumulative average of CPI/W plus 2% for the life of the agreement. In addition, the Town agrees to Resolution 72-21 Page 14 compensate the County for any PERS cost increases charged to the County. These contractual costs may be adjusted only one (1) time per year to be effective at the start of each fiscal year on July 1. 2. If, during the course of a fiscal year, it appears that the Sheriff will exceed the planned level of service, Town or Sheriff shall as soon as possible notify the other party and propose amendments or modifications to the plan of services for the balance of the fiscal year. Town or Sheriff shall review any such proposed modifications but is not obligated to approve them. If Town does not approve them, the Sheriff is not obligated to provide such services over and above the level of services provided in the plan. Town is not obligated to pay for services in an amount greater than the total that has been approved in the plan. The County agrees that it will not unilaterally reduce the level of law enforcement services without prior consultation with the Town. 3. In those years during which a contract is to be negotiated between the County of Santa Clara and the Deputy Sheriffs Association, and has not been settled for the purpose of computing increases in this agreement, the county shall utilize the average CPI/W plus 2% for computation of said increases plus any additional PERS contribution increases. County will subsequently notify Town of any increases in rates resulting from the new contract terms, within thirty (30) days of the date of such contract resolution. For years in which compensation is increased in a multi-year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPI/W plus 2% for each individual year. The increase over the life of the agreement will not exceed the actual cumulative average of CPI/W plus 2% for the ten year agreement. 4. County shall specify to Town, not less than ninety (90) days prior to the start of Town's fiscal year, the new projected budget annual contract amount. a. Town shall compensate County at the primary rate, for the "Activity" and "Patrol" time expended in the Town. Additionally, County shall charge Town for meal periods, "beat preparation" time and "securing from beat" time at the rate of ten percent (10%) of the above referenced hours. b. "Activity" and "Patrol" times are identified through the County Patrol Activity Network Analysis (COPANA) and Patrol Activity Resolution 72-21 Page 15 Report (PAR), A listing of items and their designations as "Activity" or "Patrol" are to be set forth in the attachment to the yearly plan for service. The COPANA and PAR software applications may be updated or exchanged for newer software applications during the life of the agreement, B. Supplemental/Reserve Service 1. Compensation for all services within Sections A., B. and C. to be rendered pursuant to this agreement shall be based upon one of the following five (5) rates per hour of service: a. Primary Rate. This rate is calculated to reflect the average full cost of a single Deputy with patrol vehicle, b. Supplemental Day Rate. This rate is calculated according to the cost of a single Deputy with patrol vehicle during periods when the night shift differential salary increment is not payable to the deputy who operates the vehicle. C. Supplemental Night Rate. This rate is calculated according to the cost of a single Deputy with patrol vehicle during periods when the night shift differential salary increment is payable to the deputy who operates the vehicle. d. Supplemental Reserve Rate. This rate is calculated according to the cost of two Reserve Deputy Sheriffs with patrol vehicle. e, Investigative Service Rate. This rate is calculated to reflect the average full cost per hour of an investigator's time. 2. Town shall compensate County monthly for each hour of Supplemental Service at the rates described above and specified in Exhibit A. C. Base Rent and Operating Costs of Westside Substation 1. Town and County shall share the costs of renting and operating the West Valley Division Substation as follows: a. The Town's share of the base rent and operating cost will be based upon the lease agreement between the County and Dollinger Properties, LLC. The monthly base rent will increase 2.5% each year commencing November 8, 2015 and Town shall be responsible for its share of this base rent increase. Town shall be responsible for any increase in operating expenses and real estate Resolution 72-21 Page 16 taxes allocated to the building to the extent that such expenses exceed costs incurred in the FY2014/2015 Base Year. Yearly increases in controllable operating costs (other than insurance, taxes and utilities) shall be capped at 5%. These operating costs may be adjusted only one (1) time per year to be effective at the start of each fiscal year on July 1. The Town's share of the operating cost and base rent will be a prorated amount based upon the actual billable hours as indicated in the COPANA reports. For budgeting purposes estimates are provided in the plan of execution of law enforcement services contract provided each year. b. Town shall pay to County monthly that portion of the substation operating costs attributable to Town. Any change to the location of the substation, or the cost of the facility over and above the contract language as set forth in II.C.I.a., shall be mutually agreed to by the parties to this agreement. C. For the purposes of this provision of the Agreement (1) "Operating Costs" are defined as the cost of rent, janitorial services, minor repairs, and utilities and all other costs the County is required to pay under the lease agreement for the substation. d. Pro rata share to Town for substation costs will not be changed during the term of this agreement due to the loss of any contracting city unless mutually agreed to by the remaining parties to the agreement. D. Compensation for Criminal Justice Administrative Services The criminal justice administrative fee is based upon an approved County of Santa Clara Ordinance No. NS - 300.470. E. Method of payment for all Services Compensation for all services shall be paid by Town to County in the following manner; 1. The Town shall pay to County an amount equal to one -twelfth of the annual projected budget amount as calculated in Exhibit B. First payment is due on the tenth day following the last day of each month of the contract year. Resolution 72-21 Page 17 2. Adjustment to the law enforcement annual projected budget -amount shall be performed every year of the contract as follows: a. The difference between the actual cost of police services for the previous year, as shown by the COPANA report and the amount actually paid by Town to County for those services shall be added to, or subtracted from, the amount paid for the prior year. b. Other police services not included in COPANA Reports shall be reconciled every year for those specific services. 3. Payments, or any portion thereof, not made by Town to County within thirty (30) days of the due date shall accrue interest at the rate of ten percent(10%) per annum until paid. Interest so accrued shall be payable to county on the last day of the month in which it accrued. 4. By September 30 following the end of each of the contract reconciliation years, County shall provide to Town the COPANA report for the entire contract years. If the amount actually paid by Town to County exceeds the cost of law enforcement services and operating costs of the West Valley Station as set forth in the COPANA report, County shall pay to Town the amount of such excess by October 1 following the end of the contract year. Within twenty-one (2 1) days of receipt of such final COPANA report, Town shall pay to County the full amount, if any, by which the costs of police services, as set forth in all COPANA reports for the contract year, exceeds the amount actually paid by Town for such services. For purposes of calculating the final amount due to County from Town, Town's credit for the amount actually paid by Town shall not include any interest paid by Town due to late monthly payments. III. REPORTS A. Monthly Reports County shall provide to Town on a monthly basis report(s) on the incidence of crime within Town. Said report(s) shall differentiate between "law enforcement services" and "supplemental services," and shall be in a format as agreed upon between County and Town. 1. County shall provide such month end reports to Town within thirty (30) days of the last day of that month. Resolution 72-21 Page 18 2. By September 30 following the end of the contract year, County shall provide to Town the COPANA report for the entire contract year. 3. Special additional reports requested by Town may be provided at cost. IV. HOLD HARMLESS CLAUSE A. The County shall indemnify, defend, and hold harmless the Town, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations of the County and its employees set forth in this agreement. B. The Town shall indemnify, defend, and hold harmless the County, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations of the Town and its employees set forth in this agreement. C. This mutual indemnification agreement is adopted pursuant to Government code section 895.4 and in lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government code section 895.6. V. INSURANCE AND LIABILITY County and Town shall each maintain its own liability insurance coverage, through self-insurance or otherwise, against any claim of civil liability arising out of the performance of this agreement. VI. TERM OF AGREEMENT This agreement shall become effective on 7/1/14, and may be terminated without cause by County or Town upon the giving of one -hundred and eighty (18 0) days written notice of such termination to the other party. In the absence of such notice of termination, this agreement shall be effective for a.term of one hundred and twenty (120) months until 7/1/24, subject to any modifications which are made in accordance with the terms and conditions of this agreement. If Town elects to terminate this Agreement prior to the expiration of the ten-year term, the Town shall nonetheless pay the full amount of its pro - rata share remaining on County tenant improvements, moving costs and remaining lease commitments for the West Valley Division substation. At the expiration of this ten (10) year contract, this contract can be renewed for an additional five (5) year period upon written notice of renewal by Town and the County to the other parties at least one hundred eighty (180) days prior to the expiration of this contract. Resolution 72-21 Page 19 The 2004 Law Enforcement Contract between the parties and any extension thereof is terminated upon the effective date of this Agreement. This agreement may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one document. COUNTY OF SANTA CLARA Date: JUN 2 4 2014 Signed and certified that a copy of this Document has been delivered by electronic Or other means to the President, Board of Supervisors. lAh By, A a3�ala , aet1.. ............ .• +. VI --e Waaserman, resident Board of Supervisors Atte : Dated: JUN 2 4 2014 Regada Clerk Board of Supervisors APPROVED AS TO FORM AND LEGALITY: �;Ch1 Stevens, Deputy County Counsel (Date) Resolution 72-21 Page 20 Date: June 19, 2014 AS TO FORM AND LEGALITY: Steven Mattas, City-) Dated: June 19, 2014 TOWN OF LOS ALTOS HILLS By: Carl Cahill, City Manager Resolution 72-21 Page 21 RATES GENERAL LAW ENFORCEMENT Proposed Hours - Activity Proposed Hours - Patrol Total Hours Proj Costs FY 2014-2015 @ $164.90 TRAFFIC ENFORCEMENT - DAYS: Proposed Hours Proj Costs FY 2014-2015 @ $162,43 Cupertino @ $162.45 TRAFFIC ENFORCEMENT - NIGHTS: Proposed Hours EXHIBIT A PROPOSED COSTS FISCAL YEAR 2014-2015 LOS ALTOS UNINCORP, CUPERTINO HILLS SARATOGA CITIES 38,248.0 5,421.0 20,060.0 14,696.0 $6,307,095 $893,923 $3,307,894 $2,423,370 7,200.0 43.0 4,195.4 0.0 $6,984 $681,451 $0 $1,169,640 0.0 0.0 0.0 0.0 Proj Costs FY 2014-2015 @ $166.04 $0 $0 $0 Cupertino @ $166.06 $0 INVESTIGATIVE HOURS: Proposed Hours 7,200.0 600.0 2,400.0 0.0 Proj Costs FY 2014-2015 @ $159.02 $1,144,944 $95,412 $381,648 $0 Resolution 72-21 Page 22 Law Enforcement Contract Exhibit B Compensation for Services To calculate the annual projected budget increase to this contract, the following shall apply: ANNUAL COST OF LIVING INCREASE IN TOTAL COMPENSATION: 1. Total compensation refers to the amount Santa Clara County Sheriff Department provides for total compensation (salary and benefits) at top step for a 40 -hour patrol deputy. 2. At the subsequent July 1, the new total compensation amount (exclusive of PERS) will be divided by the total compensation effective on the prior July 1 (exclusive of PERS), to derive a percentage change in total compensation. The annual projected budget increase in contract costs shall be computed as follows: Fiscal Year 2014/2015: Base Year 2014/2015 costs = costs as shown in Exhibit A to this Agreement. Fiscal Years 2015/2016 through 2024/2025: Preceding Base Year Costs M Lesser of Percentage change in total compensation or Consumer Price Index- Urban Wage Earners and Clerical Workers (CPI/W) plus 2% (For years in which compensation is increased in a multi-year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPI/W plus 2% for each individual year.) Plus Percentage Change (Increase/Decrease) in Actual County PERS Costs Resolution 72-21 Page 24 RATES RESERVES ACTIVITY HOURS: Proposed Hours Proj Costs FY 2014-2015 @ $48.70 OPERATING COSTS OF WEST VALLEY SUBSTATION: Proj Hours FY 2014-2015 89,863 EXHIBIT A PROPOSED COSTS FISCAL YEAR 2014-2015 LOS ALTOS UNINCORP, CUPERTINO HILLS SARATOGA CITIES 1,650.0 22.0 340.0 0.0 $80,355 $1,071 $16,558 $0 45,448 5,464 24,255 14,696 Percentage 50.5748% 6.0804% 26.9911% 16.3538% Proj Costs July 2014 - Oct 2014 @ $418,614 yr $70,571 $8,484 $37,663 $22,820 Proj Costs Nov 2014 - Jun 2015 @ $418,614 yr $141,142 $16,969 $75,326 $45,639 Total Proj Costs of Substation = $418,614 $211,713 $25,453 $112,989 $68,459 SUBTOTAL COSTS: Proj Costs FY 2014-2015 PROJECTED SPECIAL SERVICES Projected Hours FY 2014-2015 Cupertino Traffic Sergeant Saratoga School Resource Officer $8,913,747 $1,022,843 $4,500,540 $2,491,829 1,815.5 0 0 0 $189,351 $0 $0 $0 $0 $0 $100,000 $0 SCHOOLS RESOURCE OFFICER Proj Costs FY 2014-2015 @ $136.23 $395,721 $0 $0 $0 (1 SRO @ 85% and 1 SRO @ 75%) TOTAL SHERIFF LAW ENFORCEMENT COSTS Projected Costs FY 2014-2015 CAPPED COSTS 2014-2015 Pro) Costs Capped @ 4,6% (CPI+2%) Increase AMOUNTS BELOW CAP OF 4.6% $9,498,819 $1,022,843 $4,600,540 $2,491,829 $9,840,602 $1,060,170_ $4,753,605 $0 ($341,783) ($37,327 ($153,065) $0 r-• Resolution 72-21 Page 23