HomeMy WebLinkAboutSanta Clara County Sheriff (12)RESOLUTION No. 25-97
A RESOLUTION OF
THE CITY COUNCIL OF THE TOWN
OF LOS ALTOS HILLS APPROVING A CONTRACT
WITH THE COUNTY OF SANTA CLARA FOR LAW
ENFORCEMENT SERVICES
WHEREAS, the City Manager has negotiated a new Sheriff's contract with
the County of Santa Clara along with the cities of Cupertino and Saratoga; and
WHEREAS, the City Attorney has reviewed and approved the contract as
to form; and
WHEREAS, the City Council has read the contract and agrees with the
provisions it contains;
NOW, THEREFORE, the City Council of the Town of Los Altos Hills
does hereby RESOLVE, that the proposed contract for Law Enforcement
Services with the County of Santa Clara commencing on July 1, 1997 is approved.
PASSED AND ADOPTED this 21st day of May, 1997.
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ATTEST:
City Clerk
w - LAW ENFORCEMENT CONTRACT
THIS IS AN AGREEMENT between the County of Santa Clara, State of California, hereinafter referred to
as "County," and the City of Town of Los Alto tate of California, hereinafter referred to as "City."
Hills
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 here to agree as follows:
I. LAW ENFORCEMENT SERVICES
A. Law Enforcement Services
Within the corporate limits of City, County shall provide police protection through its Sheriffs
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. The cost of such services shall be set forth in
Exhibit B 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, 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 Sheriffs Department, provide supplemental
services as requested by the City, the cost of such services shall be at the rate set forth in Exhibit A.
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
possible to do so, by the mutual consent of the Sheriff and the City Manager of City.
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 Sheriffs Department.
D. Plan for Service
1. Prior to April of each contract year City shall provide to the Sheriff a written statement of the level of law
enforcement service 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, but for a
period of time not to exceed 30 days.
2. 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.
E. Assignment and Transfer Policy
Sheriffs deputies assigned to provide Law Enforcement Services and Supplemental Services as herein
described shall be assigned to City 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.
Special Assignment personnel (e.g. SRO) shall be assigned to City for a period of not less than five years
f promotion or layoff, because a transfer is requested by the individual,
except when a person is reassigned because o
or by the City and concurred in by the Sheriff.
F. 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 Sheriffs representative shall immediately be dispatched and report to the Director of Emergency Services
(City Manager).
Initial response by a Deputy Sheriff may be the nearest patrol unit or able bodied officer available.
3. A predesignated 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 predesignated Emergency Operations Center liaison officers maintained on the active call list shall be
available to the Director of Emergency Services.
Responsibility for personnel instruction and any specialized training in the Emergency Operations Center
shall be provided by City.
`= H. Criminal Justice Administrative Fee
'^ County shall 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 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 Sheriffs Department and City'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
The City shall compensate the County utilizing the 1997-98 base rate established for general law
enforcement and county communications (hereinafter "law enforcement"). The parties agree that annual
increases to law enforcement service costs shall be limited to the base rate times the percentage increase in
total compensation 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 March to
March Consumer Price Index - for San Francisco/Oakland/San Jose - for the Urban Wage Earners
(hereinafter "CPI/W") plus 2%, whichever is less. 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, 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. 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 CPI/W plus 2% for computation of said increases. County will
subsequently notify City of any increases in rates resulting from the new contract terms, within thirty (30)
days of the date of such contract resolution, and if such increase is less than that computed under the CPI/W
plus 2%, the amount of said contract for that year will be adjusted accordingly with the decrease retroactive
to July 1 of that contract year.
4. County shall specify to City, not less than sixty (60) days prior to the start of City's fiscal year the new
projected budget annual contract amount.
5. 1. City shall compensate County at the primary rate, for the "Activity" and "Patrol" time expended in the
City. Activity and Patrol time include those categories identified as Codes 671 through 674, 682, 846 and
847c. Additionally, County shall charge city for meal periods, "beat preparation" time, and "securing from
beat" time at the rate of ten percent (10%) 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.
6. If the annual increase related to compensation for law enforcement services exceeds CPI/W plus 2% in any
contract year, the parties shall agree to enter into negotiations for the sole purpose of arriving at a mutually
agreed upon alternative.
m
B. Supplemental/Reserve Service C
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 Sheriffs patrol vehicle.
b. Supplemental Day Rate. This rate is calculated according to the cost of operating a one-person Sheriffs
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 Sheriffs
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 Sheriffs vehicle.
e. Investigative Service Rate. This rate is calculated to reflect the average full cost per hour of an
investigator's time.
2. City shall compensate County monthly for each hour of Supplemental Service at the rates described above
and specified in Exhibit A.
C. Operating Costs of Westside Substation
1. 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 based upon the 1997-98 base rate established for Westside
Substation operation costs . The parties agree that annual increases shall be limited to the base rate times
the March to March Consumer Price Index - for San Francisco/Oakland/San Jose - for the Urban Wage
Earners (hereinafter "CPI/W") plus 2%, These costs may be adjusted only one (1) time per year to be
effective at the start of each fiscal year on July 1
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, or the cost of the facility over and above the contract language as
set forth in II.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.
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.
B. Compensation for Criminal Justice Administrative Services
The criminal justice administrative fee is based upon an approved Ordinance No. NS - 300.470.
- C. Method of payment for all Services
Compensation for all services shall be paid by City to County in the following manner:
1. The City shall pay to County an amount equal to one -twelfth of the annual projected budget amount 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 on an annual basis
as follows:
a. The difference between the actual cost of police services for the previous twelve months, as shown by the
COPANA report and the amount actually paid by City to County for the previous year's services shall be
added to, or subtracted from, the annual amount paid.
b. Other police services not included in COPANA Reports shall be reconciled annually for those specific
services.
3. 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.
4.":. By September 30 following the end of the contract year, County shall provide to City the COPANA report
for the entire contract.year. If the amount actually paid by City to County excee4s the cost of,law
enforcement services and operating costs of Westside Station as set forth in the COPANA report, County
shall pay to City 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, 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. ;
III. REPORTS
A. Monthly Reports
1. County shall provide to City on a monthly basis report(s) on the incidence of crime and "activity" and
"patrol " hours expended within City. Said report(s) shall differentiate between " law enforcement services"
and "supplemental services," and shall be in a format as agreed upon between County and City
2. County shall provide such month end reports to City 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 City the COPANA report
for the entire contract year.
Special additional reports requested by City may be provided at cost.
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
This agreement shall become effective on July 1, 1997, and may be terminated without cause by County or City
upon the giving of ninety (90) 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) months until June 30, 2002, subject
to any modifications which are made in accordance with the terms and conditions of this agreement.
At the expiration of this five (5) year contract, this contract shall be renewed for an additional three (3) year period
upon written notice of renewal by City 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: JUN t 0 1M
ATTEST: Phyllis Perez, Clerk
Board of Supervisors
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APPROVED AS TO FORM AND LEGALITY:
Brian L. Carr, Deputy County Counsel (D�)
Date: 5/22&!-
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APPROVED AS TO FORM AND LEGALITY:
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City Attor4ney (D te)
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CITY OF l-�'� �l l N i I
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City Manag6r
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EXHIBIT A
COUNTY OF SANTA CLARA
APPENDIX "A"
FISCAL YEAR
1997-1998
ADJUSTMENT IN COST FOR LAW ENFORCEMENT RATES AS THEY ARE LISTED IN APPENDIX "A"
GENERAL LAW ENFORCEMENT (PAGE A-8)
NEW RATE 87.63
OLD RATE 84.16
HOURLY INCREASE 3.47 4.1231%
DAY SUPPLEMENTAL -PATROL CAR (PAGE A-21)
NEW RATE 86.38
',D RATE 82.92
HOURLY INCREASE 3.46 4.1727%
NIGHT SUPPLEMENTAL -PATROL CAR(PAGE A-21)
NEW RATE 88.28
OLD RATE 84.82
HOURLY INCREASE 3.46 4.0792%
DAY SUPPLEMENTAL-MOTORCYCLE(PAGE A-21)
NEW RATE 86.46
OLD RATE 83.31
HOURLY INCREASE 3.15 3.7811%
4/21/97 A-1
NIGHT SUPPLEMENTAL -MOTORCYCLE (PAGE A-21)
NEW RATE 88.36
OLD RATE 85.21
HOURLY INCREASE 3.15 3.6967%
DETECTIVE (PAGE A-24)
NEW RATE 80.63
OLD RATE 81.01
HOURLY INCREASE (0.38) -0.4691%
PARK PATROL (PAGE A-23)
NEW RATE 31.86
OLD RATE 30.45
HOURLY INCREASE 1.41 4.6305%
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PROPOSED COSTS
FISCAL YEAR 1997-1998
RATES CUPERTINO
GENERAL LAW ENFORCEMENT FY 1997-1998
LOS ALTOS MONTE
HILLS SERENO
f--!?
UNINCORP.
SARATOGA CITIES
Actual Hours - Activity 6,786.7
Actual Hours - Patrol 6,188.7
900 Codes (10% of Above Hours) 1,297.5
Total Hours 32,100.0 6,340.0 0.0 20,250.0 14,272.9
Proj Costs FY 19974998 @ $87.63 $2,812,923 $555,574 $0 $1,774,508 $1,250,734
SUPPLEMENTAL PATROL - DAYS:
7,200.0 0.0 0.0 2,080.0 0.0
Actual Hours
Proj Costs FY 1997-1998 @ $86.38 $0 $0 $179,670 $0
Cupertino @ $86.46 $622,512
:r
SUPPLEMENTAL PATROL - NIGHTS:
2,080.0 0.0 0.0 1,248.0 0.0
Actual Hours
Act. Costs FY 1997-1998 @ $88.28 $0 $0 $110,173 $0
Cupertino @ $88.36 $183,789
INVESTIGATIVE HOURS:
6,330.0 350.0 0.0 2,000.0
Actual Hours
Detective Investigation:
Average of last 6 ys(Cup.& Sar.) 6,183.7 306.8 1,808.8 0.0
Proj Costs FY 1997-1998 @ $80.63 $510,388 $28,221 $0 $161,260 $0
4/21/97 A-2
PROPOSED COSTS
FISCAL YEAR 1997-1998
LOS ALTOS MONTE UNINCORP.
RATES CUPERTINO HILLS SERENO SARATOGA CITIES
RESERVES ACTIVITY HOURS:
Actual Hours 1,650.0 40.0 0.0 430.0 200.0
Proj Costs FY 1997-1998 @ $31.86 $52,569 $1,274 $0 $13,700 $6,372
OPERATING COSTS OF WESTSIDE SUBSTATION: (See Note)
Est. Costs FY 1996-1997 Hours 41,380 6,340 0 23,578 14,273
85,571
Percentage 48.3575% 7.4091% 0.0000% 27.5537% 16.6797%
Proj Costs FY 1997-1998 @ $90,200 43,618 6,683 0 24,853 15,045
`TOTAL COSTS:
Proj Costs FY 1997-1998 4,225,799 591,752 0 2,264,164 1,272,15I
DRIVING UNDER THE INFLUENCE
Act. Costs FY 1997-1998 @ $86.46 0 0 0 0 0
(contracted hours: Cup.:3487)
(actual hours : Cupertino= 0
Saratoga = 0
SCHOOLS RESOURCE OFFICER
Act. Costs FY 1997-1998 @ $70.10 234,134 0 0 103,748 0
TOTAL SHERIFF LAW ENFORCEMENT COSTS
Proj Costs FY 1997-1998 4,459,933 591,752 0 2,367,912 1,272,151
COMMUNICATIONS COSTS
Proj Costs FY 1997-1998 0 0 0 0 0
4/21/97 A-3
PROPOSED COSTS
FISCAL YEAR 1997-1998
LOS ALTOS MONTE
RATES CUPERTINO
SARATOGA
lip
UNINCORP.
CITIES
BOOKING FEES
Proj Costs FY 1997-1998 98,708 2,185 0 17,119 0
TOTAL LAW ENFORCEMENT COSTS
Proj.Costs FY 1997-1998 4,558,641 593,937 0 2,385,031 1,272,151
TOTAL COSTS COMPARISON
CONTRACT UNINCORP.
CITIES AREA
Proj.Costs FY 1997-1998 7,537,609 1,272,151
4/21/97 A-4
ENMIT B
COMPENSATION FOR SERVICES
Calculation Formula
To calculate the annual projected budget increase to this contract, the following shall apply:
ANNUAL COST OF LIVING INCREASE IN TOTAL COMPENSATION:
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.
At the subsequent July 1, the new total compensation amount will be divided by the total
compensation effective on the prior July 1, to derive a percentage change in total compensation.
The annual projected budget increase in contract costs shall be computed as follows:
Fiscal Year 1997-98
Base Year 1997-98 costs = Appendix "A"
Fiscal Years 1998-99 through 2001-02
Preceding Base Year costs
X
Lessor of Percentage change ifr total compensation or CPU W plus 2%
TOWN OF LOS ALTOS HILLS May 21, 1997
Staff Report to the City Council
RE: RECOMMENDATION FOR APPROVAL OF NEW SHERIFF'S CONTRACT
FROM: Jeff Peterson, City Manager/City Engineer /
Recommendation: That the City Council adopt the attached resolution approving the contract for
Sheriff services with the County of Santa Clara.
Discussion:
In 1992, the Town of Los Altos Hills and three other cities entered into a five year contract
with the Santa Clara County Sheriff's Department for providing law enforcement services.
The other cities were Cupertino, Saratoga and Monte Sereno. The contract provided for the
method of payment by the local agencies, the term of the contract, method of reporting time
spent in each jurisdiction, as well as many other provisions. The level of service to be
provided in each community was to be reviewed and agreed upon yearly by each contract
city and the Sheriff's Department. The current contract will expire on June 30, 1997.
Earlier this spring, Staff began preliminary discussions with the Sheriff's Department and
representatives from Cupertino and Saratoga regarding renewal of the contract with the
Sheriff's Department. Monte Sereno had terminated their contract with the Sheriff's
department in 1995 when they contracted for police services with the Town of Los Gatos as
a result of the Sheriff's substation issue. The contract negotiations focused on several areas
of concern which the contract city representatives had regarding the current agreement.
The main concerns of the cities during the discussions were as follows:
• The billing procedures were overly complex, requiring additional administrative
time paid for by the contract cities.
• The current cap on an allowable yearly contract price increase is 10%, which is
excessive.
• The cost and control of County Communications is not included in the current
contract. It was felt by the contract cities that this arrangement did not provide
proper cost control.
• County Communications was charging all law enforcement services a premium -
pay expense for all dispatchers to acquire Emergency Medical Dispatch training
and skills, although it was not being used by law enforcement.
As a result of the negotiations, the contract cities were able to simplify the billing process
cutting the administrative time substantially. The yearly contract price increase cap was
reduced to be equivalent to the yearly percentage increase in total compensation for the
deputies, or, the consumer price index for urban wage earners(CPI/W) plus 2%, whichever
is less. In addition, the responsibility for contract administration and cost control of
County Communications has been shifted to the Sheriff's Department in the new contract.
The cost of Emergency Medical Dispatch premium -pay was eliminated from the first year
base cost of this contract, with future increases limited by the inflation cap. Cost increases
of the Westside Station are also limited by the CPI/W plus 2% per year cap. A provision
has been included which allows the proposed contract to be extended for an additional three
years if mutually agreed to by both parties.
The City Attorney has reviewed the proposed contract and has requested that the County
include the Town on their insurance as additionally insured. In addition, the City Attorney
felt that the last paragraph of the contract should have been worded more clearly. Staff will
discuss this with the County Executive's staff and have this information at the Council
meeting.
Staff Report to the City Council
Law Enforcement Contract Recommendation
May 21, 1997
Page 2
Staff believes that the proposed new five year contract for Sheriff's Services provides
increased cost control and efficiency without a reduction in service. Staff recommends that
the City Council adopt the attached resolution approving the proposed new contract for the
period beginning July 1,1997. Staff is available to answer any questions that the Council or
citizens may have.
Attachments: Resolution
Contract
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