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Home My WebLink AboutLAH SCC ALPR Amendment 11 FIRST AMENDMENT TO 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 is the First Amendment to the Memorandum of Understanding (“MOU”) 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”), effective October 22, 2021, regarding the administration of the Town’s Automatic License Plate Reader system (“ALPRs”). This Agreement is amended as follows, effective on the date of execution by all Parties: 1. Remove Exhibit A, Law Enforcement Contract between the County of Santa Clara and the Town of Los Altos Hills in its entirety and replace with Exhibit A-1, Law Enforcement Services Contract between the County of Santa Clara and the Town of Los Altos Hills, and the First Amendment to the Law Enforcement Agreement, attached to this First Amendment and incorporated herein by this reference. 2. Section I regarding Purpose is revised to read as follows: 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. In 2024, the Parties entered into a First Amendment to the Law Enforcement Contract. The Law Enforcement Contract and First Amendment to the Law Enforcement Contract are attached as Exhibit A-1 to this MOU. The Town desires that the Sheriff’s Office administer the ALPR system pursuant to the Law Enforcement Contract and First Amendment to the Law Enforcement Contract between the County and the Town. The remainder of the language in Section I. shall remain in effect. 3. Remove Exhibit C, County Surveillance Use Policy for the Town of Lost Altos Hills’ Automated License Plate Readers, dated September 2021, in its entirety and replace with Exhibit C-1, County Surveillance Use Policy for the Town of Los Altos Hills’ ALPRs, dated January 2024, attached to this First Amendment and incorporated herein by this reference. Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 Approved: 08/13/2024 2 4. Section II. B. Regarding Authorized and Prohibited Uses, replace reference to Exhibit C with Exhibit C-1. The remainder of the language in Section II. B. shall remain in effect. 5. Section II. G. regarding Compensation is revised to read as follows: The Sheriff’s Office will be compensated for services performed under this MOU in accordance with the Law Enforcement Contract and the First Amendment to the Law Enforcement Contract, including, Exhibits A and B. 6.Section III. regarding Term of Agreement is revised to read as follows: The term of this MOU shall commence upon the date of execution by all Parties and shall expire on June 30, 2026, unless otherwise terminated by the Parties as provided herein. The remainder of the language in Section III. remain in effect. 7.Section VI. regarding Notices is amended to read: Any notice required to be given under this MOU shall be in writing and addressed as follows: Notice to County: Robert Jonsen, 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 James R. Williams, County Executive 70 West Hedding Street, East Wing, 11th Floor San Jose, CA 95110 Tony LoPresti, County Counsel 70 West Hedding Street East Wing, 9th Floor San Jose, CA 95110 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 3 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. 8.Section XIX. “COVID-19 Requirements (If Applicable)” is hereby added and incorporated into the Agreement and reads as follows: XIX. COVID-19 REQUIREMENTS (IF APPLICABLE) Town shall comply with all County requirements in effect relating to COVID-19 for persons who routinely perform services for County onsite and share airspace with or proximity to other people at a County facility as part of their services for County as set forth in a County Health Order (or similar directives) available at https://covid19.sccgov.org/home, and incorporated herein by this reference. Town shall comply with all reasonable requests by County for documentation demonstrating Town’s compliance with this Section. 9.Section XX. “Levine Act Compliance” is hereby added and incorporated into the Agreement and reads as follows: XX. LEVINE ACT COMPLIANCE Town will comply, and will ensure that its agents (as that term is defined under 2 Cal. Code Regs. § 18438.3(a)) and its subcontractors identified in Town’s proposal responding to a County solicitation and/or identified in this Agreement (“Subcontractors”) comply, with California Government Code section 84308 (“Levine Act”) and the applicable regulations of the Fair Political Practices Commission concerning campaign disclosure (2 California Code of Regulations sections 18438.1 – 18438.8), which (1) require a party to a proceeding involving a contract to disclose on the record of the proceeding any contribution, as defined by Government Code section 84308(a)(6), of more than $250 that the party or their agent has made within the prior 12 months, and (2) prohibit a party to a proceeding involving a contract from making a contribution, as defined by Government Code section 84308(a)(6), of more than $250 to any County officer during the proceeding and for 12 months following the final decision in the proceeding. Town agrees to submit any disclosures Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 5 Approved as to form and legality: _______________________ Dated: _______________________ Stephanie M. Jackson Deputy County Counsel TOWN OF LOS ALTOS HILLS (“Town”) Dated: _______________________ ________________________ Cody Einfalt Assistant to the City Manager APPROVED AS TO FORM: Dated: _______________________ ________________________ Steve Mattas City Attorney Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48 7/24/2024 7/25/2024 Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 7/25/2024 ([KLELW$-1 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 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. 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. DocuSign Envelope ID: 996C052D-A911-4B22-AAF1-70AB22B7A8F2Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 DocuSign Envelope lD: 996C052D-A91'l 4B'22-I'r'iF 1 -7 0AB22B7 AgF 2 5. Replace Exhibit B Remove Exhibit B: Gompensation for Services in its entirety and replace with Exhibit B: Law Enforcement Gontract 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. ln 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. COLINTY OF SANTA CLARA HILLS ,6"14^ €u\.r^tx"il Susan Ellenberg President, Board of Supervisors Date: ttlAY 2 l'2024 Peter Pimejad City Manager, Date: <Zo L APPROVED AS TO FORM AND LEGALITY Steven Mattas City Attorney, Town of Los Altos Hills Date: t"lzl l<.'l t)of Los Altos Hills Signed and certified that a copy of this document has been delivered by electronic or other means to the President, Board of Supervisors. A T: Curtis Boone Acting Clerk of the Board Date: MAY21202l. v APPROVED AS TO FORM AND LEGALITY by: Stephanie M. Deputy County Counsel s/L5/2024 DATEI 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. Page2 of2 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 Cupertino Los Altos Hills Saratoga Unincorporated Areas Total General Law Enforcement Services (Primary Rate) Proposed Hours 41,881 5,421 20,060 14,696 82,058 Supplemental Services ‐ Traffic Enforcement ‐ Day Proposed Hours ‐ Enforcement Vehicle ‐ Deputy Sheriff 1,803 ‐ ‐ ‐ 1,803 Proposed Hours ‐ Motorcycle ‐ Deputy Sheriff 5,447 1,860 4,195 ‐ 11,502 Total Proposed Hours 7,250 1,860 4,195 ‐ 13,305 Investigative Services Proposed Hours 5,100 750 2,400 ‐ 8,250 Supplemental Reserve Services Proposed Hours 200 22 68 ‐ 290 Total Proposed Hours 54,431 8,053 26,723 14,696 103,903 Traffic Sergeant Number of Traffic Sergeant 1 ‐ ‐ ‐ School Resources Officer Number of SRO 2 ‐ 1 ‐ Proposed Hours Fiscal Year 2024‐2025 Exhibit A: 2024-2025 Proposed Costs Exhibit A: Page 1 of 5 DocuSign Envelope ID: 996C052D-A911-4B22-AAF1-70AB22B7A8F2Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 Cupertino Los Altos Hills Saratoga Unincorporated Areas General Law Enforcement Services Proposed Costs $12,788,363 $1,655,302 $6,125,321 $4,487,424 Supplemental Services ‐ Traffic Enforcement ‐ Day 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 PROPOSED CONTRACT COSTS Fiscal Year 2024‐2025 *Increase in costs capped at the lesser of CPI+2% or the average compensation increase and PERS increase Exhibit A: Page 2 of 5 DocuSign Envelope ID: 996C052D-A911-4B22-AAF1-70AB22B7A8F2Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 Cupertino Los Altos Hills Saratoga Unincorporated Areas 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% 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% 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% 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% 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% 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% COSTS COMPARISON BETWEEN Fiscal Years 2023‐2024 and 2024‐2025 Supplemental Services ‐ Traffic Enforcement ‐ Day General Law Enforcement Services Investigative Services Supplemental Reserve Services School Resources Officer Traffic Sergeant Exhibit A: Page 3 of 5 DocuSign Envelope ID: 996C052D-A911-4B22-AAF1-70AB22B7A8F2Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 Cupertino Los Altos Hills Saratoga Unincorporated Areas 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% 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% Overtime Operating Costs Of West Valley Substation Exhibit A: Page 4 of 5 DocuSign Envelope ID: 996C052D-A911-4B22-AAF1-70AB22B7A8F2Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 Cupertino Los Altos Hills SaratogaUnincorporated AreasTotal Budgeted Costs FY 2023‐2024 $17,567,126 $2,467,267 $7,812,199 $4,194,782Adjusted Total Budgeted Costs ‐ Excluding Operating Costs of West Valley Substation and Overtime FY 2024‐2025 $16,248,254 $2,229,203 $7,685,877 $4,125,314Annual Allowable Increase Including PERS8.54% $1,388,028 $190,433 $656,576 $352,410FY2024‐2025 Capped Costs$17,636,282 $2,419,636 $8,342,453 $4,477,724FY2024‐2025 Operating Costs of West Valley Substation$279,769 $41,389 $137,355 $75,536Overtime$0 $200,000$0$0Total FY2024‐2025 Budget Cap$17,916,051 $2,661,025 $8,479,808 $4,553,260FY 2024‐2025 Proposed Costs$17,898,214 $2,655,828 $8,478,103 $4,562,960Amount in Excess of or (Below Budget Cap)($17,837) ($5,197)($1,705)$9,700FY 2024‐2025 Budget CapExhibit A: Page 5 of 5DocuSign Envelope ID: 996C052D-A911-4B22-AAF1-70AB22B7A8F2Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 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 annual 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 (CPVW) 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 co ntract, not to exceed CPVW plus 2% for each individual year.) Plus Percentage Change (Increase/Decrease) in Actual County PERS Costs ... Exhibit B: Page 1 of 1 DocuSign Envelope ID: 996C052D-A911-4B22-AAF1-70AB22B7A8F2Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 ([KLELW&-1 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 I Santa Clara County Office of the Sheriff Surveillance Use Policy for the Town of Los Altos Hills' Automated License Plate Readers Purpose Automated license plate readers (ALPRs) use high speed cameras to photograph vehicle license plates. The Offrce of the Sheriff s purpose for using ALPR Technology is to assist the Sheriff s Office in implementing a strategy to assist in criminal investigations, protect residents, and deter crime. Under the Sheriff s Office's contract to provide law enforcement services to the Town of Los Altos Hills (Town) and pursuant to a specific, Board-approved agreement between the Town and the Sheriff s Office governing ALPRs, it shall be permissible for the Sheriff s Office to manage andlor operate the Town's Flock Safety Falcon ALPR (Flock Safety ALPR). To the extent managed andlor operated by the Sheriff s Office, the Flock Safety ALPR shall only be placed at fixed locations for the authorized law enforcement and public safety purposes set forth in this Surveillance Use Policy. The Flock Safety ALPR may collect license plate information from vehicles on roadways, on property accessible to the public, and on private property. ALPR cameras shall not be installed with the specific purpose of monitoring vehicles on private property. When an ALPR camera is installed, reasonable efforts shall be made to reduce the amount of incidental monitoring of vehicles on private property. A search warrant shall be obtained when legally required. For purposes of this Policy, the following definitions shall apply: Automated License Plate Reader (ALPR): A device that uses cameras and computer technology to compare digital images to lists of known information of interest. a Vehicles of Interest: Vehicles which are reported as stolen; display stolen license plates or tags; vehicles linked to missing and/or wanted persons and vehicles flagged by the Department of Motor Vehicle Administration or law enforcement agencies. 2. Authorized and Prohibited Uses With Board approval of a specific agreement between the County and Town governing the use of ALPRs, it shall be permissible for the Sheriff s Office to manage and/or operate the Flock Safety ALPR for the Town. The Flock Safety ALPR shall only be attached to fixed locations. Santa Clara County Office of the Sheriff Page I of 5 Surveillance Use Policy for the Town of Los Altos Hills Automated License Plate Readers (ALPR) a January 2024 Approved: 01/23/2024Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 The Flock Safety ALPR shall be used for only the following pulposes, consistent with Section I of this Surveillance Use Policy: To locate stolen, wanted, andlor other vehicles that are the subject of specific investigation; To locate andlor apprehend individuals subject to arrest warrants or who are otherwise lawfully sought by law enforcement; To locate victims, witnesses, suspects, and others associated with a specific law enforcement investigation; To locate missing children, adults, andlor elderly individuals, including in response to Amber Alerts and Silver Alerts; To support public safety departments in the identification of vehicles associated with targets of specific criminal investigations, including specific investigations of serial crimes; and To protect critical infrastructure sites. Any data obtained from Flock Safety ALPR shall be used and handled pursuant to this Surveillance Use Policy and applicable state and federal law. All other uses not referenced above shall be prohibited. The Flock Safety ALPR shall not be used to unlawfully invade the privacy of individuals. Neither the Flock Safety ALPR nor its data shall be used for personal, non-law-enforcement-related pu{poses; and they shall not be used to harass, intimidate, or discriminate against any individual or group. Additionally, the Flock Safety ALPR shall not be used to identifr individuals engaged in activity protected by the Constitution of the State of California or Constitution of the United States, such as peaceful, non-violent demonstrations or protests. Flock Safety ALPR shall not use Artificial Intelligence (A.I.) or facial recognition software. 3.Data Collection Digital images of vehicle license plates and their associated license plate numbers shall be collected by the Flock Safety ALPR cameras and uploaded to the encrypted cloud- based database. The Flock Safety ALPR shall collect an image of the license plate, the date and time that the license plate passes a digital-image site where an ALPR is located, as well as a captured vehicle's geographical location and vehicle details (make, model, type, and color). Live video, vehicle speeds, and audio shall not be provided or recorded 4. Data Access It shall be permissible for data collected by the Flock Safety ALPR to be accessible by trained, authorized Sheriff s personnel. It shall be permissible for technical and customer support staff from vendors, such as Flock, to access the Flock System ALPR for maintenance and repair of ALPRs on an as- Santa Clara County Office of the Sheriff Page 2 of 5 Surveillance Use Policy for the Town of Los Altos Hills Automated License Plate Readers (ALPR) o o a a a o January 2024 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 needed basis, and such vendors shall only be tasked with the inspection, troubleshooting, and maintenance of the ALPR system hardware and software configuration, associated cloud storage mechanism and server, as necessary. Vendors shall not be authorized to access specific data collected by ALPRs under any circumstances. 5. Data Protection The Flock Safety ALPR data shall be stored in a secured cloud environment. Flock Safety ALPR shall maintain multiple layers of physical security and security protection or utilize a cloud service compliant with Criminal Justice Information Services requirements. Encryption for data at rest and in transit, firewalls, authentication, and other reasonable security measures, including the following, shall be utilized to protect ALPR data: All ALPR data downloaded to the mobile workstation or in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by narne, date, and time. Only those employees of the Sheriff s Office working in an investigative or enforcement function shall access ALPR data, and that access shall be only for a pu{pose authorized in this Surveillance Use Policy. 6. Data Retention ALPR data from the Flock Safety ALPR associated with a specific criminal investigation may be downloaded onto an electronic storage device or printed. Downloaded, copied, and printed data shall be maintained in accordance with applicable state and federal evidentiary laws, to include retaining the data through the adjudication of a case in a recognized court of law, as well as allotment of time for an appeals process and statute of limitations. Flock Safety ALPR data collected shall be purged no later than 30 days from the date it was collected unless the data is needed for a specific investigation. Under those circumstances, the data shall be retained for the duration of the specific criminal investigation and the criminal proceedings through adjudication of the case or in accordance with local, state, and federal court orders or laws governing its use. Data that is flagged as a Vehicle of Interest by the Flock Safety ALPR, or otherwise downloaded and stored pursuant to this section shall be purged no later than six months from the date it was flagged or downloaded for local storage, unless the data is associated with a specific criminal investigation or an ongoing case for an authorized purpose identified in Section 2 above. Public Access Flock Safety ALPR data shall be made public or deemed exempt from public disclosure pursuant to state or federal law. For public requests for data, the Sheriff s Office shall confer with County Counsel to determine whether the requested data is exempt from disclosure pursuant to the California Public Records Act (CPRA), or is legally required to be disclosed, and shall respond to requests in compliance with applicable law. CPRA Santa Clara County Office of the Sheriff Page 3 of 5 Surveillance Use Policy for the Town of Los Altos Hills Automated License Plate Readers (ALPR) a a 7 January 2024 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 requests to the County for data from the Flock Safety ALPR shall follow this same review process, but with the inclusion of the Towns's Attorney's Office. 8.Third-Party Data-Sharing Data from the Flock Safety ALPR may be shared with the following: o District Attorney's Office for use as evidence to aid in prosecution, in accordance with laws governing evidence; o Public Defender's Office or criminal defense attorney via the District Attorney's Office in accordance with California discovery laws; o Local and state law enforcement offices as part of a specific criminal or administrative investigation; and o Parties to civil litigation, in response to a court order. The Town shall delegate any administrative account for the Flock Safety ALPR to the Sheriff s Office and shall not have direct access to data collected and stored by the Flock Safety ALPR. However, it shall be permissible to provide the Town with Town-owned data produced by the Flock Safety ALPR, within any parameters set forth in the Board- approved agreement between the Sheriff s Office and the Town. Additionally, it shall be permissible for ALPR data to be shared with law enforcement agencies and County-retained investigative personnel to assist with the identification, assessment, investigation, reporting, and prosecution of specific behavior or specific activity that reasonably appears to be unauthorized, illegal, or in furtherance of illegal activity. Beginning as a two-year pilot program, the Sheriff s Ofhce will be permitted to operate an active ALPR data sharing program that enables active ALPR system data sharing with state and local law enforcement agencies in compliance with state and federal law. Under this program, the Sheriff s Office will grant automated data sharing to another law enforcement agency only after the outside agency signs a memorandum of understanding (MOU) that outlines rules and restrictions for sharing. To ensure appropriate oversight of this program, outside law enforcement agencies with a data sharing MOU shall be required to provide a law enforcement event number when running inquiries or searches to ALPR data collected by the Sheriff s Office. The Sheriff s Office shall immediately revoke active data sharing to any law enforcement agency that violates any active data sharing agreement or rule. The Sheriff s Office may reinstate that law enforcement agency's participation once the law enforcement agency has demonstrated appropriate corrective measures. 1 I The active ALPR data sharing pilot program shall automatically expire two years after the approval of this Surveillance Use Policy. The program may only be extended upon further review and approval of the program by the Board of Supervisors. Santa Clara County Office of the Sheriff Page 4 of 5 Surveillance Use Policy for the Town of Los Altos Hills Automated License Plate Readers (ALPR) January 2024 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7 9 Notwithstanding the parties identified above, no data shall be shared in a manner that contradicts Board Policy 3.54 - Cooperation with U.S. Immigration and Customs Enforcement. Additionally, to the extent required by Senate Bill 34 (codified as Califomia Civil Code section 1798.90.5 et seq.), Flock Safety ALPR data shall not be shared with federal agencies or any state or local agency outside of California. Training Training for the operation of the Flock Safety ALPR utilized by the Sheriff s Office shall be provided to all Sheriff s Office personnel who manage or use ALPRs. All Sheriff s Office employees who utilize ALPR Technology shall be provided a copy of this Surveillance Use Policy. 10. Oversight Sheriff s Administration shall ensure compliance with this Surveillance Use Policy. All access to and sharing of ALPR data obtained through the Flock ALPR System shall be logged, and the Sheriff s Office shall maintain an audit trail of requested and accessed information, including the purpose of the search. Periodic, random audits shall be conducted by the Sheriff s Office on at least an annual basis. Audits shall ensure compliance with this policy and all applicable laws and shall include: o Date and time of access; o Reason for accessingdata; o Name of law enforcement agency accessing data; o Activity executed, including any license plate numbers searched; and o Incident number associated with the investigation. Required yearly audit reports shall include the name of an agency(s) seeking ALPR data for the purpose of a specific criminal or administrative investigation as well as the frequency of such request. Information shall be presented in a manner that protects the integrity of the request, information, and investigation. Additionally, the SherifPs Office shall cooperate with the County Privacy Office with occasional assurance reviews. It shall be permissible for audit reports to be shared with government agencies responsible for the costs of those systems requesting more frequent audits, including the Town with respect to the Flock Safety ALPRs. Audit reports for the Flock Safety ALPRs shall be provided to the Town Manager within five (5) business days of completion or within the time frame decided pursuant to other mutually agreed upon arrangement. Audits shall be in a format that maintains the confidentiality of the data. A as to Form and Legality '/'tl+Cretcher Office of the County Counsel Santa Clara County Office of the Sheriff Page 5 of 5 Surveillance Use Policy for the Town of Los Altos Hills Automated License Plate Readers (ALPR) Jantary 2024 Docusign Envelope ID: 84572ED5-010C-4C90-B0FA-F5F7476D0D48Docusign Envelope ID: 13F775DF-EC86-42F6-8633-37F6F365D6A7