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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 Cupertino, State of California, hereinafter referred to as " City."
WHEREAS, County has the legal authority to render law enforcementservicesand criminaljusticeadministrativeservicestoincorporatedcitiesin theCountyof SantaClaraandis equippedandwilling todosototheextentandin themannerhereinafterprovided; and WHEREAS, Cityis primarilyresponsiblefor providinglaw enforcementserviceswithin citylimitsandisdesirousofcontractingwiththeCountyfortherenditionofsuchservices; and WHEREAS, CountyandCity desireto enterinto an agreementprovidingfor said services, specifyingthenatureandextentthereofandestablishingcompensationto be paid therefore;
NOW, THEREFORE, the parties hereto agreeasfollow:
I. LAW ENFORCEMENT SERVICES
A. Law Enforcement Services
1. Within the corporate limits of City, County shall provide police protection through its Sheriff' s Office asmay be required by City and as within the capability of the Sheriff to provide. Services to be performed under this section ( A)( 1) include patrol of established beats, responses to emergency calls, investigative services, and other law enforcement services. The cost of such services shall be set forth in Exhibit A attached.
2. The rendition of such services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services shall remain in the discretion of the Sheriff.
3. In the event of a disagreement as to the performance or amount of the services to be provided pursuant to this section ( A)( 1), the Sheriff or his/ her designee shall meet with the representative( s) of 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 Office, provide supplem. i, ntal services as requested by the City. The cost of such services shall be at the rate set forth in Exhibit A. Services to be AUG 0 5 2-1
DUPLIMTE OIRTOINAL
S
performed under this section ( B)( 1) 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 servicesthat areacceptableof beingscheduledandwithin thecapabilityof theSheriff to provide.
2. Theplan of patrol, thehoursof coverageandothersimilar detailsshallbe determined, insofar asit is 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) dayswrittennoticeby eitherparty. Citymay, atanytimeduringtheterm of this contract, request supplemental services from the Sheriff for a specific period within any fiscal year. Said Agreement for Supplemental Servicesshallbe anaddendumto this agreementandshallprovidefor the type, cost, level and time of such services.
4. Regional assetsshall provide services to City on the same basis as these regional assetservices are provided to other law enforcement agenciesas provided in mutual aid protocol.
C. Supplemental Reserve Services
Theseservicesareprovidedby reservesheriff deputies. Theirprimary responsibility is the transportation of arresteesfrom the arrestlocation to the appropriatejail facility, andadditionalservicesasrequestedby Cityandapproved by theSheriffs Office.
D. Plan for Service
1. Prior to March
1St
of eachcontractyear, City shallprovideto the Sheriff a
written statementof thelevel of law enforcementserviceto beprovided duringthecomingcontractyear. If Cityfailstorequestaspecificlevelof service of the coming fiscal year not less than thirty( 30) days prior to the startof thefiscalyear, Countymayprovidethe samelevel of serviceas wasprovidedduringthepreviousfiscalyear, but for aperiodof timenot to exceed thirty( 30) days..
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1 2. Prior to March
15th
of eachcontractyear, City andSheriff shalldevelopa
plan which specifies the level and amount of servicesto 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 assignedto City for a period of not less than three years except when a person is reassignedbecauseof promotion or layoff, because a transfer is requested by the individual, or by the City andconcurredwith by the Sheriff.
Special Assignment personnel ( e. g. SRO) shall be assignedto City for a period of not lessthanfive yearsexceptwhen a personis reassignedbecauseof promotion or layoff, because a transfer is requested by the individual, or by the City andconcurredwith by theSheriff.
F. Designation of Chief of Police
If City shall so desire, and County and the Sheriff shall so agree, nothing in the agreementpreventsor limits City from designatingthe Sheriff or his designeeasits Chief of Policein orderto satisfytheprovisionsof Part1, Division 3, Title 4 of the California Government Code ( sections 36501, et seq.). However, this shallnot affectthe authorityof the Sheriff to control anddirectemployeesof this Office in carrying out duties and obligationspursuantto this contractand shallnot increaseanyliability to theCountyarisingfrom 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).
2. Initial responseby a DeputySheriff maybe the nearestpatrol unit or able bodied officer available.
3. A pre-designatedSherifi:s EmergencyOperationsCenterliaison officer shall be notified as soon as possible to respond to the Emergency Operations Center and coordinate law enforcement responsibilities.
4. The pre- designated Emergency Operations Center liaison officers maintained on the active call list shall be available to the Director of Emergency Services.
5. Responsibilityfor personnelinstructionandanyspecializedtrainingin the Emergency Operations Centershall be provided by City.
6. In the event a major disELster occurs, the Sheriffs Office shall provide support as required to cora.ply with the City' s emergency operations cost recovery efforts.
H. Booking and Processing Services
County shall provide booking and processing services to those arrested persons within the corporate limits of City, and who arebrought to the County jail for booking or detention.
I. Communication Services
The County shall, through its Communication Department, provide for emergencycommunicationservicesin supportof the Sheriffs Office andCity'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
1. The City shall compensate; the County utilizing the Fiscal Year 2014/2015 base rate established for general law enforcement and county communications ( hereina' Jrter " law enforcement"). The parties agree that. the annual increase to law enforcement service costs shall be limited to the base rate times the percentage increase in total compensation ( exclusive of PERS) provided to all patrol deputies of the Sheriff s Office, as set forth in a calculation formula agreed and attached hereto as " Exhibit B and incorporated herein by re- Berence, or the annual average for the 12 month period from December to December of the US Department of Labor, Bureau of Labor Statistics, Urban Wage Earners and Clerical Workers Consumer Price Index for the San Francisco- Oakland- San Jose region hereinafter " CPI/ W") plus 2%, whichever is less. For years in which compensation is increased in a multi- year contract, the annual increase to law enforcement servicf; costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPI/ W plus 2% for each individual year. The increase over the life of the agreement will not exceed the actual cumulative average of CPI/ W plus 2% for the life of the; agreement. In addition, the. city agrees to compensate the county : For any PERS cost increases charged to the County. These contractual costs may be adjusted only one ( 1) time per year to be effective at the start of each fiscal year on July 1.
2. If, duringthecourseof a fiscal year, it appearsthatthe Sheriff will exceed the planned level of service, City or Sheriff shall as soon as possible notify the other party andproposeamendmentsor modificationsto 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 obligatedto pay for :servicesin an amountgreaterthan the total that has been approved in the plan. The County agrees that it will not unilaterally reducethe level of law enforcementserviceswithout prior consultation with the City.
3. In thoseyearsduring which a contractis to be negotiatedbetweenthe County of Santa Clara and the Deputy Sheriffs Association, and has not been settled for the purpose of computing increasesin this agreement, the county shall utilize ' the average CPI/ W plus 2% for computation of said increases plus any additional PERS contribution increases. County will subsequentlynotify city of any increasesin ratesresulting from the new contract terms, within thirty ( 30) days of the date of such contract resolution. For years in which compensation is increased in a multi- year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPI/ W plus 2% for each individual year. The increase over the life of the agreement will not exceed the actual cumulative average of CPI/ W plus 2% for the ten year agreement.
4. County shall specify to City, not less than sixty ( 60) days prior to the start of City's fiscalyearthen(-.w projectedbudgetannualcontract, amount. a. City shall compensate County 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 frorr. i beat" time at the rate of ten percent ( 10%) of the above referencc; d hours.
b. Activity" and " Petrol" 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. The COPANA and PAR software applicationsmay be updatedor exchangedfor newer software applications during;the life of the agreement.
B. Supplemental/ Reserve Service
1. Compensation for all services within Sections 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 a single Deputy with patrol vehicle.
b. Supplemental Day Rate. This rate is calculated according to the cost of a single Deputy with patrol vehicle during periods when the night shift differentialsalaryincrementis not payableto thedeputy who operates the vehicle.
C. Supplemental Night Rate. This rate is calculated according to the cost of a single Deputy with patrol vehicle during periods when thenight shift differential salaryincrementis payableto thedeputy who operates the vehicle.
d. Supplemental Resel-ve Rate. This rate is calculated according to the cost of two Reserve: Deputy Sheriff with patrol vehicle. .
C. Investigative Service Rate. This rate is calculated to reflect the average full cost per hour of an investigator' s time.
2. City shallcompensateCountymonthlyfor eachhour of Supplemental Service at the rates described above and specified in Exhibit A.
C. Base Rent and Operating Costs of Westside Substation
1. City andCountyshallsharethecostsof rentingandoperatingtheWest Valley Division Substation asfollows:
6 a. The City' s share of the base rent and operating cost will be based upon the lease agreement between the County and Dollinger Properties, LLC dated The monthly base rent will increase 2.5% each year commencing [ November 8, 2014 and City shall be responsible for its; share of this base rent increase. City shall be responsible for any increase in operating expensesand real estate taxes allocated to the building to the extent that such expenses exceed costs incurred in the FY2014/ 2015 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 City' s share of the operating cost and base rent will be a prorated amount based upon the actual billable hours as indicated in the COPANA reports. For budgeting purposes estimates are provided in the plan of execution of law enforcement services contract provided each year.
b. 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. I. a., shall be mutually agreed to by the parties to, this agreement.
C. For the purposes of this provision of the Agreement ( 1) " Operating Costs" are defined as the cost of rent, janitorial services, minor repairs, and utilities and all other costs the County is required to pay under the leaseagreementfor the substation.
d. Pro- rata share to City for substation costs will not be changed during the term of this agreementdue to the loss of any contracting city unless mutually agreed to by the remaining parties to the agreement.
D. Compensation for Criminal Justice Administrative Services The criminal justice administrative fee is based upon an approved Ordinance No. NS - 300. 470.
E. Method of payment for all Services
7 Compensationfor all servicesshall 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 as calculated in Exhibit B. First payment is due on the tenth day following; the last day of eachmonth of the contract year.
2. Adjustment to the law enforcement annual projected budget- amount shall be performed every year of the contract asfollows:
a. The difference between the actual cost of police services for the previous year, as shown by the COPANA report and the amount actually paid by City to County for those services shall be added to, or subtracted from, the amount paid for the prior year. b. Other police servj'ices not included in COPANA Reports shall be reconciled every year for those specific services.
3. Payments, oranyportionthereof, notmadebyCityto Countywithinthirty 30) days of the due date shall accrue interest at the rate of ten percent 10%) per annum until paid. Interest so accruedshall be payable to county on the last day of the month in which it accrued.
4. By September30 following the end of each of the contract reconciliation years, County shall provide to City the COPANA report for the entire contract years. If the amount actually paid by City to County exceedsthe cost of law enforcement: services and operating costs of West Valley 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 ( 2 1) daysof receiptof suchfinal 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 County shall provide to City on a monthly basis report( s) on the incidence of crime within City. Said report( s) shall differentiate between " law 3 enforcement services" and " supplemental services," and shall be in a format as agreed upon between County and City.
1. County shall provide such. month end reports to City within' thirty ( 30) days of the last day of that month.
2. By September 30 following the end of the contract year, County shall provide to City the COPANA report for the entire contract year.
3. 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 less, liability, claim, injury or damagearising out of, or in connection with, perfomiance 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 less, liability, claim, injury or damagearising out of, or in connection with, perfonmanceof the duties and obligations of the City and its employees set forth in this agreement.
C. This mutual indemnification agreement is adopted pursuant to Government code section 895.4 and in lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government code section 895. 6.
V. INSURANCE AND LIABILITY
County and City shall each maintain its own liability insurance coverage, through self-insurance or otherwise, againstany claim of civil liability arising out of the performance of this agreement.
VI. TERM OF AGREEMENT
This agreement shall become effective on 7/ 1/ 14, and may be terminated without cause by County or City upon the giving of one- hundred and eighty ( 180) days written notice of such termination to the other party. In the absence of such notice of termination, this agreement shall be effective for a term of one hundred and twenty ( 120) months until 7/ 1/ 24, subject to any modifications which are made in accordance with the terms and conditions of this agreement. If City elects to terminate this Agreement prior to the expiration of the ten- year term, the City shall nonetheless pay the full amount of its pro- 9 rata shareremaining on County tenant improvements, moving costs and remaining lease commitments for the West Valley Division substation.
At the expiration of this ten ( 10) year contract, this contract can be renewed for an additional five ( 5) year period upon written notice of renewal by 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 CITY OF CUPERTINO
Bay: B y:
Mike Wasserman, President Board of Supervisors David Brandt, City Manager Date: AUG 0 5 2014 Date: 7' 2- / l q
Signed and certified that a copy of this Attest: 6 w Document hasbeen delivered by electronic
Or other means to the President, Board of Grace Schmidt, City Clerk Supervisors. Date: y'--( '/
Attest:. APPROV -- AS TO FORM AND LEGALITY:
ynn V adanz,
Clerk of the Board of S ervisors
ro orade, City A orney
Date: J i ( Lq
BOARD OF SUPERVISORS
APPR ED AS TO FO AND LEGALITY:
Cher) tevens, Deputy County Counsel
Date: Z 194
07,
0OSS( o 3,
EXPENDITURE DISTRIBUTION
Account: 110- 2100- 7052 Amount: $ 9, 498, 819
lei
EXHIBIT A
PROPOSED COSTS
FISCAL YEAR 2014- 2015
LOS ALTOS UNINCORP.
RATES CUPERTINO HILLS SARATOGA CITIES
GENERAL LAW ENFORCEMENT
Proposed Hours- Activity
Proposed Hours- Patrol
Total Hours 33, 248. 0 5, 421. 0 20, 060. 0 14, 696. 0
Proj Costs FY 2014- 2015 @ $ 164. 90 6, 307, 095 893, 923 3, 307, 894 2, 423, 370 TRAFFIC ENFORCEMENT- DAYS:
Proposed Hours
47,
200. 0 43. 0 4, 195. 4 0. 0
Proj Costs FY 2014- 2015 @ $ 162. 43 6, 984 681, 451 0 Cupertino @ $ 162. 45 1, 169, 640
TRAFFIC ENFORCEMENT- NIGHTS:
Proposed Hours 0. 0 0. 0 0. 0 0. 0
Proj Costs FY 2014- 2015 @ $ 166. 04 0 0 0.
Cupertino @ $ 166. 06 0
INVESTIGATIVE HOURS:
Proposed Hours 7, 200. 0 600. 0 2, 400. 0 0. 0
Proj Costs FY 2014- 2015 @ $ 159. 02 1, 144, 944 95, 412 381, 648 0 FY15 Contract Cities_ Proposed Costs 05- 15- 2014 DSA= O%
EXHIBIT A
PROPOSED COSTS
FISCAL YEAR 2014- 2015
LOS ALTOS UNINCORP.
RATES CUPERTINO HILLS SARATOGA CITIES
RESERVES ACTIVITY HOURS:
Proposed Hours 1,,650. 0 22. 0 340. 0 0. 0
Proj Costs FY 2014- 2015 @ $ 48. 70 80, 355 1, 071 16, 558 0 OPERATING COSTS OF WEST VALLEY SUBSTATION:
Proj Hours FY 2014- 2015 45, 448 5, 464 24, 255 141696
89, 863.
Percentage 50. 5748% 6. 0804% 26. 9911% 16. 3538%
Proj Costs July 2014- Oct 2014 @ $ 418, 614 yr 70, 571 8, 484 37, 663 22, 820 Proj Costs Nov 2014- Jun 2015 @ $ 418, 614 yr 141, 142 16, 969 75, 326 45, 639 Total Proj Costs of Substation = $ 418, 614 2111, 713 25, 453 112, 989 68, 459 SUBTOTAL COSTS:
Proj Costs FY 2014- 2015 8, 9113, 747 1, 022, 843 4, 500, 540 2, 491, 829
PROJECTED SPECIAL SERVICES
Projected Hours FY 2014- 2015 1, 815. 5 0 0 0
Cupertino Traffic Sergeant 189, 351 0 0 0
Saratoga School Resource Officer 0, 0 100, 000 0
SCHOOLS RESOURCE OFFICER
Proj Costs FY 2014- 2015 @ $ 136. 23 395, 721 0 0 0
1 SRO @ 85% and 1 SRO @ 75%)
TOTAL SHERIFF LAW ENFORCEMENT COSTS
Projected Costs FY 2014- 2015 9, 498, 819 1, 022, 843 4, 600, 540 2, 491, 829 CAPPED COSTS 2014- 2015
Proj Costs Capped @ 4. 6%( CPI+ 2%) Increase 9; 840, 602 1, 060, 170 4, 753, 605 0 AMOUNTS BELOW CAP OF 4. 6% 341, 783) 37, 327) 153, 065) 0 FY15 Contract Cities_ Proposed Costs 05- 15- 2014 DSA= O% Q
v
Law Enforcement Contract
Exhibit B
Compensation for Services
To calculate the annual projected budget increase to this contract, the following shall apply:
ANNUAL COST OF LIVING INCREASE IN TOTAL COMPENSATION:
1. Total compensation refers to the amount Santa Clara County Sheriff Department provides for total compensation( salar: y 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 2014/ 2015:
Base Year 2014/ 2015' costs = costs as shown in Exhibit A to this Agreement.
Fiscal Years 2015/ 2016 through 2024/ 2025:
Preceding Base Year Cost;
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 compensa- 1ion is increased in a multi- year contract, the annual increase to law en-forcement 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