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HomeMy WebLinkAboutSanta Clara County Sherrif (2)P RESOLUTION NO. 23-92 I RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AN AGREEMENT FOR LAW ENFORCEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND THE COUNTY OF SANTA CLARA WHEREAS, the City Council of the Town of Los Altos Hills ("Town") has read and considered that certain Agreement for Law Enforcement services between the Town and the County of Santa Clara ("County"). NOW, THEREFORE, the Town of Los Altos Hills does RESOLVE as follows. Section 1. Public interest and convenience require the Town of Los Altos Hills to enter into the Agreement described above. Section 2. The Town of Los Altos Hills hereby approves the Agreement and the Mayor is hereby authorized on behalf of the Town to execute the Agreement between the Town of Los Altos Hills and the County. REGULARLY passed and adopted this 17th day of June 11992. By• Mayor ATTEST: 4 a City Cle PB\KAS`149490DT.W50 LAW ENFORCEMENT CONTRACT bull, I ll Au 1 un &) iturr . THIS 1S AN AGREEMENT between the County of Santa Clara, State of California, hereinafter referred to as "County," and the City of Los Altos Hills, State of California, hereinafter referred to as "City." 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, City is primarily responsible for providing law enforcement services within city limits and is desirous of contracting with the County for the rendition of such services; and - WHEREAS, County and City 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 follows: I. LAW ENFORCEMENT SERVICES A. General Law Enforcement Services 1. Within the corporate limits of City, County shall provide police protection through its Sheriff's Department as may be required by City and as within the capability of the Sheriff to provide. Services to be performed under this Section A include patrol of established beats, responses to emergency calls, investigative services, and other law enforcement services. 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 April of each contract year, City and Sheriff shall develop a plan which specifies the level and amount of services to be provided in the ensuing fiscal year. This plan will be completed prior to July 1 of each contract year. Should rate adjustments be required during any contract year as the result of changes in costs of any factor then currently reflected in the Sheriff's rates, then such adjustment shall be made pursuant to Section II.A.1.b. 4. In the event of a disagreement as to the performance or amount of the services to be provided pursuant to this Section A, the Sheriff or his designee shall meet with the representative(s) of -City to review the manner of performance of such services. B. Supplemental Services 1. Within the corporate limits of City, County shall, through its Sheriff's Department, provide supplemental services as requested by the City, the cost of such services shall be at the rate set forth in Exhibit A attached. Services to be performed under this Section B shall be provided exclusively within the City limits of City except in an emergency. These services may include, if requested by City, traffic law enforcement beyond the basic services, crime prevention patrols, and other law enforcement services that are capable 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 - 2 - possible to do so, by the mutual consent of the Sheriff and the City Manager of City. 3. The level of requested supplemental services shall be determined by mutual written agreement between the County and the City 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. City may, at any time during the term of this contract, request supplemental service 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. C. Supplemental Reserve Services These services are provided by reserve deputy sheriffs. Their primary responsibility is the patrolling of the parks within City, the transportation of arrestees from the arrest location to the appropriate jail facility, and additional services as requested by City and approved by the Sheriff's Department. D. Prior to the end of each contract year City shall provide to the Sheriff a written statement of the level of law enforcement service in each category to be provided during the coming contract year. If City fails to request a specific level of service for 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. .. 3 - E. Assignment and Transfer Policy Sheriff's deputies assigned to provide General Law Enforcement Services and Supplemental Services as herein described shall be assigned to Ci-ty 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 City and concurred in by the Sheriff. P. Designation of Chief of Police If City shall so desire, and County and the Sheriff shall so agree, nothing in the agreement prevents or limits City 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 his 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 City, 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 4 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. S. Responsibility for personnel instruction and any specialized training in the Emergency Operations Center shall be provided by City. H. Criminal Justice Administrative Services County shall, through its Department of Correction, provide booking and processing services to those arrested persons within the Corporate limits of City, and who are brought to the County jail for booking or detention. Such activities may include, but are not limited to, initial reception, fingerprinting, photography, criminal record screening, early release screening, classification, medical screening, data entry, personal property accounting and storage, clothing issuance, medical treatment, counseling, security, and release processing. T. Communication Services The County shall, through its Communication Department, provide for emergency communication services in support of the Sheriff's Department and City'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. - 5 - II. COMPENSATION A. Law Enforcement Services Provided by Sheriff r 1. Rates a. Compensation for all services within Sections I.A., A. and C. to be rendered pursuant to this agreement shall be based upon one of the following six (6) rates per hour of service: (1) Primary Rate. This rate is calculated to reflect the average full cost of operating a Sheriff's patrol vehicle. (2) 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. (3) 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. (4) Supplemental Overtime Day Rate. This rate is calculated according to the cost of operating a one-person Sheriff's vehicle on overtime during periods when the night shift differential salary increment is not payable to the deputy who operates the vehicle. (S) Supplemental Reserve Rate. This rate is calculated according to the cost of operating a - 6 .. two -person Reserve Deputy Sheriff's vehicle. (6) Investigative Service Rate. This rate is calculated to reflect the average full cost per hour of an investigator's time. b. (1) The rates as set forth in Exhibit A may be revised during the contract year by County to reflect changes in cost. County shall give City as much advance notice of rate changes as is practicable, but to the extent such changes cannot be accurately projected, County shall give City notice of such changes as soon as practicable after changes in cost occur, and not later than sixty (60) days following the effective date of the revised rate during any year in which the County and the Deputy Sheriff's Association have a current contract in effect. (2) In those years during which a contract is to be negotiated between the County of Santa Clara and the Deputy Sheriff's Association, the County shall notify City of any increases in rates resulting from the new contract terms, within thirty (30) days of the date of such contract resolution. Such increases shall be retroactive to the effective date of the revised rate. (3) County shall specify to City, not less than sixty (60) days prior to the start of City's fiscal year, the hourly rate for each service to be provided pursuant to this agreement during that - 7 - fiscal year. Any subsequent increase or increases in any hourly rate or rates occurring within that fiscal year shall be limited so that the total cost to the City, under the revised rate or rates, shall not exceed by more than ten percent (100) the previous year's cost of those same services based on an equal number of service hours. 2. Compensation for General Law Enforcement Services This Subsection 2 shall be interpreted in accordance with the approved plan for service for the appropriate fiscal year. a. (1) City shall compensate County monthly, at the primary rate, for the "Activity" and "Patrol" time expended in the City.* Additionally, County shall charge city for meal periods, "beat preparation" time, and "securing from beat" time at the rate of ten percent (100) of the above -referenced hours. (2) "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. City shall compensate the County for investigative services performed by the Sheriff's Detective Division * "Activity" and "Patrol" include those categories identified as Codes 671 through 674, 682, 846 and 847. on an hourly basis at the Investigative Rate. C. If, during the course of a fiscal year, it appears A that the Sheriff will exceed the planned level of service, City 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. City or Sheriff shall review any such proposed modifications but is not obligated to approve them. If City does not approve them, the Sheriff is not obligated to provide such services over and above the level of services provided in the plan. City is not obligated to pay for services in an amount greater than the total that has been approved in the plan. 3. Compensation for Supplemental Services City shall compensate County monthly for each hour of Supplemental Service at the rates specified in Exhibit A. 4. Operating Costs of Westside Substation City and County shall share the costs of operating the Westside Substation as follows: a. The City's share of the operating cost will be a prorated amount based upon the actual billable hours as indicated in the COPANA reports. b. City, shall pay to County monthly that portion of the substation operating costs attributable to City. Any change to the location of the substation shall be mutually agreed to by the parties to this agreement. c. For the purposes of this provision of the Agreement 9 "Operating Costs" are defined as the cost of rent and utilities. d. Prorata share to City 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 . 5. Radar Equipment If City desires radar equipment for traffic enforcement, City shall provide such equipment to the Sheriff during the first year of this agreement. The maintenance and replacement of radar equipment will be the responsibility of the County for the duration of this agreement. Maintenance and replacement cost will be part of the vehicle cost. B. Compensation for Criminal Justice Administrative Services 1. The criminal justice administrative fee is based upon the total cost of the booking process divided by the number of bookings for each jurisdiction. The cost per booking is not broken down based on the individual services for each arrestee separately, but rather a total cost figure that provides an average booking cost. 2. The actual amount of such fee shall be based upon the approved Ordinance No. NS - 300.470. 3. Such fee shall apply to every booking or processing of a person at a county jail facility on and after July 1, 1992. 4. If future court decision or legislative action determines that the obligation for criminal justice administrative fees cannot be charged to non contractual cities, - l0- then this section can be separated and eliminated from agreement with no effect to any other provision in this contract, which shall continue to remain in full force and effect. C. Compensation for Communication Services 1. The City shall be charged a share of the County's cost of providing emergency communication services. 2. The following numbers of communication staff, expressed as full time equivalents (FTE), shall be allocated to Sheriff's Patrol and Detective Support: FTE Personnel Allocated to Positions(s) S.O. Patrol and Detectives Communications Director .1053 Management Analyst .0319 Secretary II .1053 Advanced Clerk Typist .2106 Chief Communications Dispatcher .5694 Senior Dispatcher 2.1671 Dispatcher III 1.6667 Dispatcher I/II 24.2563 Property Mapper .1460 In order to compute the personnel costs associated with Sheriff's Patrol and Detective Support, the above numbers of FTE staff are expressed as percentages of the totals of all funded positions in that job classification in the Dispatch Operation's budget. These percentages will be multiplied by the full budget appropriation in that budget line to form the estimated billings. The same percentages will be applied to actual expenditure in that budget line to develop the final costs. A The total, cost of the personnel defined in this section shall also form the basis for the calculation of the non -personnel costs associated with Dispatch Operations. A factor of 9.2 percent will be applied against the total personnel costs to determine the cost of services and supplies. The sum of the personnel cost and the cost of the services and supplies will be used to form the total overall cost allocated to the Sheriff's Patrol and Detective Support. 3. The COPANA Report shall be used to calculate the total share of cost assigned to the contract cities. "All Activity Excluding 900's and Supplemental" activity hours will be used to determine the percentage of the Sheriff's Patrol activity allocated to the unincorporated area of the County. The remaining percentage of activity will be used as the basis for cost distribution among the four contract cities. COPANA shall be used to calculate costs until the Computer Aided Dispatch (CAD) system becomes fully operational. At that time, County will use CAD to calculate communication costs. 4. To calculate the share of the cost.for the City, the contract cities' total share as determined in Section II. C.2. shall be multiplied by the assigned internal distribution percentage to yield that final percentage share of cost. - 12 - S. County shall give City as much advance notice of estimated cost prior to each fiscal year as is practicable. Absent a shift in the COPANA percentage described in Section 11. C.3., cost increases in estimated billings should be limited to the negotiated COLA and Benefit package adjustments. No adjustment to City's share of communication costs will be made due to capital/equipment improvements to communciation operation. D. Method of payment Compensation for all services shall be paid by City to County in the following manner: 1. On the tenth day following the last day of the first month of the contract year, City shall pay to County an amount equal to one -twelfth of the projected annual cost of services for the contract year. 2. On the tenth day following the last day of each succeeding month of the contract year City shall pay to County an amount equal to one -twelfth of the adjusted projected annual cost. 3. Adjustment to the law enforcement projected annual cost is as follows: (a) The difference between the actual cost of police services for the previous month, as shown by the COPANA report, and the amount actually paid by City to County for that previous month's services shall be added to, or subtracted from, the one -twelfth amount to be paid for the month most recently passed. (b) Any adjustments necessitated by errors in the COPANA - 13 - report for any preceding month shall also be made to the monthly payment amount. F (c) Other police services not included in COPANA Reports shall be reconciled through monthly reports for those specific services. 4. Adjustment to the criminal justice administrative services S. projected annual cost will reflect the criminal justice administrative fee indicated in the approved Ordinance No. NS - 300.470 multiplied by the number of pretrial bookings that occurred in the prior three months within the City's jurisdiction. The monthly cost will be an average cost of the prior three months. Out -of -county warrant pretrial bookings are excluded. Adjustments to the communication services projected annual cost will be based on current COPANA data and on an assumption of full salary and benefit expenditure (100 percent of appropriation with zero salary saving). Monthly billings will cover the service provided in the previous month. Each monthly billing will initially be one -twelfth of the annual full budget expenditure estimate. As expenditure patterns are analyzed and can be projected, billings may be adjusted prior to the end of the fiscal year. After the fiscal year closure, a reconciliation will occur in which actual line item final expenditures are substituted for appropriations. Any total net variance will be billed or credited as appropriate. The reconciliation will utilize the COPANA data for that fiscal year, and will be finalized no later - 14 - than 90 days after the end of the fiscal year. G. In the event that County fails to provide a COPANA Report to City within thirty (30) days of the end of that month, City shall make timely payment to County of the one-twelfth monthly installment, but may withhold ten percent (100) of that amount. Within twenty-one (21) days following receipt by City of the delinquent COPANA report the ten percent (10%) amount so withheld shall be due and payable to County. 7. Payments, or any portion thereof, not made by City 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, 8. (a) Within thirty (30) days of the end of the contract year, County shall provide to City the COPANA report for the final month of that contract year, along with all other COPANA reports for previous months which have not yet been provided. Within twenty-one (21) days of receipt of such final COPANA report, City 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 City for such services. For purposes of calculating the final amount due to County from City, City's credit for the amount actually paid by City shall not include any interest paid by City due to late monthly payments. - 1.5 - (b) If the amount actually paid by City to County exceeds the cost of police services as set forth in the COPANA report, County shall pay to City the amount of such excess within forty-five (45) days of the last day of the contract year. III.REPORTS A. 1. County shall provide to City on a monthly basis report(s) on the incidence of crime and "activity" and "investigative" hours expended within City. Said report(s) shall differentiate between "general law enforcement services" and "supplemental services," and shall be in a format as agreed upon between County and City sufficient for a determination of the compensation due to County for general law enforcement services provided during the month in question. 2. a. County shall provide such month COPANA reports to City within thirty (30) days of the last day of that month. Upon receipt of the COPANA report the City will have a period of thirty (30) days in which to notify County of any errors in the report for that month. b. The failure of County to provide any COPANA reports to City within the specified period will not excuse a delay in payment by City to County except as provided in Section II.D.6. of this Agreement. 3. County shall give City prompt notice of any change(s) to patrol beats within city limits. 4. Special additional reports requested by City may be provided at cost. B. A detailed pre-trial booking report based upon CJIC data will be attached to every third invoice sent to the city. It will contain the following data elements for each booking that took place within a 3 month period: Arrest date, Time, Location, CJIC Event Number (CEN), and Officer Number (OFCN). IV. HOLD HARMLESS CLAUSE A. The County shall indemnify, defend, and hold harmless the City, 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 City 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 City and its employees set forth in this agreement. V. INSURANCE AND LIABILITY County and City 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 A. This agreement shall become effective on July 1, 1992, and may be terminated without cause by County or City upon the giving of sixty (60) 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 sixty (60) .. 1.7 - months until June 30, 1097, subject to any modifications which are made in accordance with the terms and conditions of this agreement. COUNTY OF SANTA CLARA Date: 'JUN 2 3 to9p ATTEST: DONALD M. RAINS, Cle of Sup isor �4 � /I TO FORM AND LEGALITY: ty Counsel Date: '- (. '`1 — j 12 --- CITY OF US ALTOS1HILLS By: APPROVED AS TO FORM AND LEGALITY: Date City Attorney - 18 - City Ma er