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HomeMy WebLinkAbout33-24RESOLUTION 33-24 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR EXTENSION OF THE LAW ENFORCEMENT AGREEMENT WITH THE SANTA CLARA COUNTY OFFICE OF THE SHERIFF WHEREAS, on July 1, 2014, the Town of Los Altos Hills entered into an agreement with the Santa Clara County Office of the Sheriff for law enforcement services; and WHEREAS, the term of the agreement is set to expire on July 1, 2024; and WHEREAS, the contract cities of Saratoga, Cupertino, and Los Altos Hills negotiated a two-year extension of the current law enforcement agreement keeping the same methodology to rate increases from year to year. NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Los Altos Hills hereby authorizes the City Manager to extend the law enforcement agreement with the Santa Clara County Office of the Sheriff for an additional two-year period. 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 20th day of June 2024 by the following vote: AYES: Mok, Schmidt, Tankha, Tyson NOES: None ABSTAIN: None ABSENT: Swan ATTEST: (4n1j Birdsong -Milli City Clerk BY: /4k S do y . Mok, or FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE COUNTY OF SANTA CLARA AND THE TOWN OF LOS ALTOS HILLS This is the First Amendment to the Agreement between the County of Santa Clara (County) and the Town of Los Altos Hills (Town) entered into on June 24, 2014, for law enforcement services to the Town. On June 24, 2014, the Board of Supervisors approved this Agreement. This Agreement is amended as follows effective May 21, 2024: 1. Key Provision Change: Compensation Key Provision, AGREEMENT TERM II. A. 1. the first sentence, related to Compensation for Law Enforcement Services Provided by the Sheriff, on page 4 of the Agreement is amended to read: "The Town shall compensate the County utilizing the Fiscal Year 2024/2025 base rate established for general law enforcement and county communications (hereinafter "law enforcement"). The remainder of the language in Section II. A. 1. shall remain in effect. 2. Key Provision Change: Base Rent and Operating Costs of Westside Substation Key Provision, AGREEMENT TERM II. C. 1. a. on pages 6-7, related to Base Rate and Operating Costs of Westside Substation is amended to read: "The Town's share of the base rent and operating cost of Westside Substation 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, 2024, 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 FY2024/2025 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 remainder of the language in Section II. C.1. a. shall remain in effect. 3. Key Provision Change: Term of Agreement Key Provision, AGREEMENT TERM VI.. related to Term of Agreement, on page 9 of the Agreement is amended to read: "This agreement shall become effective on July 1, 2024, 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 twenty-four (24) months through June 30, 2026, 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 term, the Town shall nonetheless pay the full amount of its pro -rata share remaining on the County tenant improvements, moving costs, and remaining lease commitments for the West Valley substation." The following language is hereby deleted: "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 the Town and the County to the other parties at least one hundred eighty (180) days prior to the expiration of this contract." 4. Replace Exhibit A: Remove Exhibit A: Proposed Costs Fiscal Year 2014-2015 in its entirety and replace with Exhibit A 2024-2025 Proposed Costs, attached hereto this First Amendment and incorporated herein by this reference. Board of Supervisors: Sylvia Arenas, Cindy Chavez, Otto Lee, Susan Ellenberg, S. Joseph Simitian County Executive: James R. Williams First Amendment to Agreement By and Between the County of Santa Clara and the Town of Los Altos Hills. V I O M CL 5. Replace Exhibit B Remove Exhibit B: Compensation for Services in its entirety and replace with Exhibit B: Law Enforcement Contract Compensation for Services, attached hereto this First Amendment and incorporated herein by this reference. All other terms and conditions of the Agreement remain in full force and effect. In the event of a conflict between the original Agreement and this First Amendment, this First Amendment controls. The Agreement as amended constitutes the entire agreement of the parties concerning the subject matter herein and supersedes all prior oral and written agreements, representations and understandings concerning such subject matter. IN WITNESS WHEREOF, COUNTY and TOWN OF LOS ALTOS HILLS hereby agree to the terms of this First Amendment to the Contract. COUNTY OF SANTA CLARA Ouwllw Susan Ellenberg President, Board of Supervisors Date: M AY 2 1 2024 Signed and certified that a copy of this document has been delivered by electronic or other means to the President, Board of Supervisors. A ST: Cartis Boone Acting Clerk of the Board Date: MAY 2 12 02 4 APPROVED AS TO FORM AND LEGALITY DocuSiynod by: Stephanie M. Jackson Deputy County Counsel Date: 5/15/2024 T W OF S HILLS y� Peter Pirrteiad City Manager, Town of Los Altos Hills Date: Z G Z APPROVED AS TO FORM AND LEGALITY ti Steven Mattas City Attorney, Town of Los Altos Hills Date: 141v " Board of Supervisors: Sylvia Arenas, Cindy Chavez, Otto Lee, Susan Ellenberg, S. Joseph Simitian County Executive: James R. Williams First Amendment to Agreement By and Between the County of Santa Clara and the Town of Los Altos Hills. Page 2 of 2 Exhibit A: 2024-2025 Proposed Costs Proposed Hours Fiscal Year 2024-2025 General Law Enforcement Services (Primary Rate) Proposed Hours Supplemental Services - Traffic Enforcement - Day Proposed Hours - Enforcement Vehicle - Deputy Sheriff Proposed Hours - Motorcycle - Deputy Sheriff Total Proposed Hours Investigative Services Proposed Hours Supplemental Reserve Services Proposed Hours Total Proposed Hours Traffic Sergeant Number of Traffic Sergeant School Resources Officer Number of SRO Los Altos Unincorporated Cupertino Hills Saratoga Areas Total 41,881 5,421 20,060 14,696 82,058 1,803 - - 1,803 5,447 1,860 4,195 11,502 7,250 1,860 4,195 - 13,305 5,100 750 2,400 8,250 200 22 68 - 290 54,431 8,053 26,723 14,696 103,903 1 - - - 2 - 1 Exhibit A: Page 1 of 5 PROPOSED CONTRACT COSTS Fiscal Year 2024-2025 (Cupertino - 1 SRO @ 85% and 1 SRO @ 75%; Saratoga - 1 SRO @ 70%) Operating Costs Of West Valley Substation Proposed Costs $279,769 $41,389 $137,355 Unincorporated Overtime Cupertino Los Altos Hills Saratoga Areas General Law Enforcement Services Total Proposed Contract Costs $17,898,214 Proposed Costs $12,788,363 $1,655,302 $6,125,321 $4,487,424 Supplemental Services - Traffic Enforcement - Day $8,479,808 $4,553,260 Proposed Costs $2,193,343 $562,555 $1,269,219 $0 Investigative Services Proposed Costs $1,325,235 $194,888 $623,640 $0 Supplemental Reserve Services Proposed Costs $15,400 $1,694 $5,236 $0 Traffic Sergeant Proposed Costs $570,774 $0 $0 $0 School Resources Officer Proposed Costs $725,330 $0 $317,332 $0 (Cupertino - 1 SRO @ 85% and 1 SRO @ 75%; Saratoga - 1 SRO @ 70%) Operating Costs Of West Valley Substation Proposed Costs $279,769 $41,389 $137,355 $75,536 Overtime $0 $200,000 $0 $0 Total Proposed Contract Costs $17,898,214 $2,655,828 $8,478,103 $4,562,960 Total Capped Costs * $17,916,051 $2,661,025 $8,479,808 $4,553,260 Amount in Excess of of/ (Below Budget Cap) ($17,837) ($5,197) ($1,705) $9,700 *Increase in costs capped at the lesser of CPI+2% or the average compensation increase and PERS increase Exhibit A: Page 2 of 5 COSTS COMPARISON BETWEEN Fiscal Years 2023-2024 and 2024-2025 School Resources Officer Budgeted Costs FY 2023-2024 $637,308 $0 $278,822 $0 Proposed Costs Unincorporated $0 $317,332 $0 Cupertino Los Altos Hills Saratoga Areas General Law Enforcement Services 13.81% 0.00% 13.81% Budgeted Costs FY 2023-2024 $11,756,416 $1,521,729 $5,631,043 $4,125,314 Proposed Costs FY 2024-2025 $12,788,363 $1,655,302 $6,125,321 $4,487,424 Change ($) $1,031,947 $133,573 $494,278 $362,110 Change (%) 8.78% 8.78% 8.78% 8.78% Supplemental Services - Traffic Enforcement - Day Budgeted Costs FY 2023-2024 $2,509,784 $516,755 $1,165,888 $0 Proposed Costs FY 2024-2025 $2,193,343 $562,555 $1,269,219 $0 Change ($) ($316,441) $45,800 $103,331 $0 Change (%) -12.61% 8.86% 8.86% Investigative Services Budgeted Costs FY 2023-2024 $1,815,480 $189,113 $605,160 $0 Proposed Costs FY 2024-2025 $1,325,235 $194,888 $623,640 $0 Change ($) ($490,245) $5,775 $18,480 $0 Change (%) -27.00% 3.05% 3.05% Supplemental Reserve Services Budgeted Costs FY 2023-2024 $24,090 $1,606 $4,964 $0 Proposed Costs FY 2024-2025 $15,400 $1,694 $5,236 $0 Change ($) ($8,690) $88 $272 $0 Change (%) -36.07% 5.48% 5.48% Traffic Sergeant Budgeted Costs FY 2023-2024 $539,190 $0 $0 $0 Proposed Costs FY 2024-2025 $570,774 $0 $0 $0 Change ($) $31,584 $0 $0 $0 Change (%) 5.86% 0.00% 0.00% School Resources Officer Budgeted Costs FY 2023-2024 $637,308 $0 $278,822 $0 Proposed Costs FY 2024-2025 $725,330 $0 $317,332 $0 Change ($) $88,022 $0 $38,510 $0 Change (%) 13.81% 0.00% 13.81% Exhibit A: Page 3 of 5 Exhibit A: Page 4 of 5 Unincorporated Cupertino Los Altos Hills Saratoga Areas Operating Costs Of West Valley Substation Budgeted Costs FY 2023-2024 $284,858 $38,064 $126,322 $69,468 Proposed Costs FY 2024-2025 $279,769 $41,389 $137,355 $75,536 Change ($) ($5,089) $3,325 $11,033 $6,068 Change (%) -1.79% 8.74% 8.73% 8.73% Overtime Budgeted Costs FY 2023-2024 $0 $200,000 $0 $0 Proposed Costs FY 2024-2025 $0 $200,000 $0 $0 Change ($) $0 $0 $0 $0 Change (%) 0% Total Budgeted Costs FY 2023-2024 $17,567,126 $2,467,267 $7,812,199 $4,194,782 Total Proposed Costs FY 2024-2025 $17,898,214 $2,655,828 $8,478,103 $4,562,960 Change ($) $331,088 $188,561 $665,904 $368,178 Change (%) 1.88% 7.64% 8.52% 8.78% Exhibit A: Page 4 of 5 FY 2024-2025 Budget Cap Exhibit A: Page 5 of 5 Unincorporated Cupertino Los Altos Hills Saratoga Areas Total Budgeted Costs FY 2023-2024 $17,567,126 $2,467,267 $7,812,199 $4,194,782 Adjusted Total Budgeted Costs - Excluding Operating Costs of West Valley Substation and Overtime FY 2024-2025 $16,248,254 $2,229,203 $7,685,877 $4,125,314 Annual Allowable Increase Including PERS 8.54% $1,388,028 $190,433 $656,576 $352,410 FY2024-2025 Capped Costs $17,636,282 $2,419,636 $8,342,453 $4,477,724 FY2024-2025 Operating Costs of West Valley Substation $279,769 $41,389 $137,355 $75,536 Overtime $0 $200,000 $0 $0 Total FY2024-2025 Budget Cap $17,916,051 $2,661,025 $8,479,808 $4,553,260 FY 2024-2025 Proposed Costs $17,898,214 $2,655,828 $8,478,103 $4,562,960 Amount in Excess of or (Below Budget Cap) ($17,837) ($5,197) ($1,705) $9,700 Exhibit A: Page 5 of 5 Exhibit B: Law Enforcement Contract Calculation of Annual Compensation 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 aiulual projected budget increase in contract costs shall be computed as follows: Fiscal Year 2024/2025: Base Year 2024/2025 costs = costs as shown in Exhibit A to this Agreement. Fiscal Years 2025/2026: Preceding Base Year Costs X Lesser of Percentage change in total compensation or Consumer Price Index- Urban Wage Earners and Clerical Workers (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 Exhibit B: Page 1 of 1