HomeMy WebLinkAboutSanta Clara County SherrifRESOLUTION No. 60-04
A RESOLUTION OF
THE CITY COUNCIL OF THE TOWN
OF LOS ALTOS HILLS AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF SANTA CLARA
FOR LAW ENFORCEMENT SERVICES
WHEREAS, the Sheriff's Department of the County of Santa Clara has provided the
Town with law enforcement services since the date of the Town's incorporation; and
WHEREAS, the service provided by the Sheriff's Department continues to be responsive
and cost effective; and
WHEREAS, the City Council of the Town of Los Altos Hills has read and considered
that certain Agreement between the Town and the County of Santa Clara for law
enforcement services for the ten year period ending July 1, 2014;
NOW THEREFORE, the City Council of the Town of Los Altos Hills does hereby
authorize the City Manager on behalf of the Town to execute the Agreement between the
Town of Los Altos Hills and the County of Santa Clara.
REGULARLY PASSED AND ADOPTED this 16th day of September, 2004.
BY: 9'
Mayor
ATTEST:
City Clerk
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, State of California,
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 Department 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 Sheriff's
Department, 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 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 deputy sheriffs. 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. flan for Service
1. Prior to April 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 30 days.
2. In April 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.
E. Assignment and Transfer Policy
Sheriff's 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 in 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 in 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 department 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 Sheriff's 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 predesignated Sheriff's 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 predesignated Emergency Operations Center liaison officers
maintained on the active call list shall be available to the Director of
Emergency Services.
5. Responsibility for personnel instruction and any specialized training in the
Emergency Operations Center shall be provided by Town.
H. Criminal Justice Administrative Fee
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 as set forth in a separate agreement.
I. Communication Services
The County shall, through its Communication Department, provide for
emergency communication services in support of the Sheriff's department and
Town's operations. Services will include 24 hour per day 9-1-1 telephone
answering and radio dispatching of Sheriff's 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 2004-05 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 Sheriff's department as set forth in a calculation
formula agreed and attached hereto as "Exhibit B" and incorporated herein
by reference, or the February to February Consumer Price Index for San
Francisco/Oakland/San Jose for the Urban Wage Earners (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 CPUW 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.
In addition, the Town agrees to absorb the percentage increase in actual
County PERS costs, adjusted by PERS for averaging. For PERS
contributions due in one year and deferred to future years under PERS
averaging, the PERS amount deferred shall accrue interest until paid at the
rate of 8.25% (same rate charged by PERS 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 Sheriff's 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
CPUW plus 2% for the ten year agreement.
4. County shall specify to Town, not less than sixty (60) days prior to the
start of Town's fiscal year the new projected budget annual contract
amount.
5. a. Town shall compensate County at the primary rate, for the
"Activity" and "Patrol" time expended in the Town. Activity and
Patrol time include those categories identified as Codes 671
through 674, 682, 846 and 847c. 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
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.
B. Supplemental/Reserve Service
1. Compensation for all services within Sections I.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
operating a Sheriff's patrol vehicle.
b. Supplemental Day Rate. This rate is calculated according to the cost
of operating a one—person Sheriff's 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 operating a one-person Sheriff's 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 operating a two -person Reserve Deputy Sheriff's 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
Westside 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 Limar Realty
Group dated August 30, 2004. The monthly base rent will increase
3% each year commencing November 8, 2005 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
taxes allocated to the building to the extent that such expenses
exceed costs incurred in the 2004 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 H.C. La., 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. Prorata share to Town for substation costs will not be changed
during the term of this agreement due to the loss of any contracting
Town 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
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.
2. Adjustment to the law enforcement annual projected budget -amount shall
be performed every three years after the initial year of the contract as
follows:
a. The difference between the actual cost of police services for the
previous three years, 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 three
years.
b. Other police services not included in COPANA Reports shall be
reconciled every three years 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 Westside
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 (21) 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
1. County shall provide to Town on a monthly basis report(s) on the
incidence of crime and "activity" and "patrol" hours expended 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.
2. County shall provide such month end reports to Town within thirty (30)
days of the last day of that month.
3. By September 30 following the end of the contract year, County shall
provide to Town the COPANA report for the entire contract year.
4. 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 July 1, 2004, and may be terminated
without cause by County or Town upon the giving of one -hundred and eighty (180) 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 July 1, 2014, 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 Westside 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.
COUNTY OF SANTA CLARA
Date: 0C+0 ,-
By:
Peter Kutras, Jr.
County Executive
APPROVED AS TO FORM AND LEGALITY:
Dic 1 /0 - I �-b't
David Kahn, Deputy County Counsel (Date)
Date: 7-16- b lf
APPROVE S TO FORM AND LEGALITY:
City Attorney /(Dao)
S:\Main\GeneralGovernment\Kahn\Sheriff's Dept\Contracts\FinalContractCities083004.doc
EXHIBIT A
PROPOSED COSTS
FISCAL YEAR 2004-2005
LOS ALTOS
RATES CUPERTINO HILLS
GENERAL LAW ENFORCEMENT
UNINCORP.
SARATOGA CITIES
Proposed Hours - Activity 6,786.7
Proposed Hours - Patrol 4,438.7
900 Codes (10% of Above Hours) 1,122.5
Total Hours
34,598.0
5,321.0
19,014.0
12,347.9
$243,672
Proj Costs FY 2004-2005 @ $117.04
$4,049,350
$622,770
$2,225,399
$1,445,198
Proposed Hours
SUPPLEMENTAL PATROL - DAYS:
566.0
2,200.0
Detective Investigation:
Proposed Hours
7,200.0
43.0
3,831.9
0.0
Proj Costs FY 2004-2005 @ $115.51
Proj Costs FY 2004-2005 @ $109.73
$4,967
$442,623
$0
Cupertino @ $115.11
$828,792
SUPPLEMENTAL PATROL - NIGHTS:
Proposed Hours 2,080.0 0.0 2,000.0 0.0
Proj Costs FY 2004-2005 @ $117.55
$0
$235,100 $0
Cupertino @ $117.15
$243,672
INVESTIGATIVE HOURS:
Proposed Hours
6,830.0
566.0
2,200.0
Detective Investigation:
Average of last 6 yrs (Cup.& Sar.)
6,183.7
306.8
1,808.8 0.0
Proj Costs FY 2004-2005 @ $109.73
$749,456
$62,107
$241,406 $0-
A - 1 8/19/2004
EXHIBIT A
PROPOSED COSTS
FISCAL YEAR 2004-2005
LOS ALTOS
RATES CUPERTINO HILLS
RESERVES ACTIVITY HOURS:
SARATOGA
UNINCORP.
CITIES
Proposed Hours 1,650.0 22.0 340.0 200.0
Proj Costs FY 2004-2005 @ $34.19 $56,414 $752 $11,625 $6,838
OPERATING COSTS OF WEST VALLEY SUBSTATION:
Est. Costs FY 2003-2004 Hours
86,436
Percentage
Proj Costs July - Oct 2004 @ $106,560
Proj Costs Nov 04 - June 05 @ $327,795
Total Proj Costs of Substation
SUBTOTAL COSTS:
Proj Costs FY 2004-2005
43,878
5,364
24,846 12,348
50.7636%
6.2057%
28.7450% 14.2857%
18,031
2,204
10,210
110,934
13,561
62,816
$128,965
$15,765
$73,026 $0
$6,056,649 $706,361 $3,229,179 $1,452,036
PROJECTED SPECIAL SERVICES
Projected Hours FY 2004-2005 1,803 0 0 0
Proj Costs -Cupertino Sergeant @ $74.64 $0
Proj Costs -Saratoga DARE Officer $0 $50,112
SCHOOLS RESOURCE OFFICER
Proj Costs FY 2004-2005 @ $93.83 $147,875 $0 $130,478 $0
TOTAL SHERIFF LAW ENFORCEMENT COSTS
Proj Costs FY 2004-2005 $6,204,524 $706,361 $3,409,769 $1,452,036
OTHER COSTS
Proj Costs FY 2004-2005 $0 $0 $0 $0
A-2 8/19/2004
EXHIBIT A
PROPOSED COSTS
FISCAL YEAR 2004-2005
LOS ALTOS
RATES CUPERTINO HILLS
BOOKING FEES
Proj Costs FY 2004-2005
TOTAL LAW ENFORCEMENT COSTS
Proj Costs FY 2004-2005
TOTAL COSTS COMPARISON
Proj Costs FY 2004-2005
UNINCORP.
SARATOGA CITIES
$118,002 $3,418 $22,927 $0
$6,322,526 $709,779 $3,432,696 $1,452,036
CONTRACT UNINCORP.
CITIES AREA
$10,465,001 $1,452,036
A-3 8/19/2004
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 2004-05:
Base Year 2004-05 costs = costs as shown in Exhibit A to this
Agreement.
Fiscal Years 2005-06 through 2014-15:
Preceding Base Year Costs
X
Lesser of Percentage change in total compensation or CPUW 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
CPUW plus 2% for each individual year.)
Plus
Percentage Change (Increase/Decrease) in Actual County PERS Costs