14-127 Law Enforcement Contact with the County of Santa Clara (see also 79-008 & 97-046)n
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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 enforcement services and
criminal justice administrative services to incorporated cities in the County of Santa Clara and is
equipped and willing to do so to the extent and in the manner hereinafter provided; and
WHEREAS, City is primarily responsible for providing law enforcement services within
city limits and is desirous of contracting with the County for the rendition of such services; and
WHEREAS, County and City desire to enter into an agreement providing for said
services, specifying the nature and extent thereof and establishing compensation to be paid
therefore;
NOW, THEREFORE, the parties hereto agree as follow:
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 as may 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
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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 services that
are acceptable 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.
3.The level of requested supplemental services shall be determined by
mutual written agreement between the County and the City prior to the
beginning of the fiscal year. The agreed upon level of supplemental
service shall remain constant in the fiscal year, except upon sixty (60)
days written notice by either party. City may, at any time during the term
of this contract, request supplemental services 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.
4.Regional assets shall provide services to City on the same basis as these
regional asset services are provided to other law enforcement agencies as
provided in mutual aid protocol.
C. Supplemental Reserve Services
These services are provided by reserve sheriff deputies. Their primary
responsibility is 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 Office.
D. Plan for Service
1.Prior to March
1St 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 of 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 thirty(30) days..
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2.Prior to March
15th 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 with by the Sheriff.
Special Assignment personnel (e.g. SRO) shall be assigned to City for a
period of not less than five 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 with 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 1, 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
this Office 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).
2.Initial response by a Deputy Sheriff may be the nearest patrol unit or able
bodied officer available.
3.A pre-designated Sherifi:s 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 pre-designated Emergency Operations Center liaison officers
maintained on the active call list shall be available to the Director of
Emergency Services.
5.Responsibility for personnel instruction and any specialized training in the
Emergency Operations Center shall 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 are brought to the County jail
for booking or detention.
I.Communication Services
The County shall, through its Communication Department, provide for
emergency communication services in support of the Sheriffs Office 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
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, 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. The County agrees that it will not
unilaterally reduce the level of law enforcement services without prior
consultation with the City.
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 average CPI/W plus 2% for computation of said
increases plus any additional PERS contribution 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. 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 fiscal year the n(-.w projected budget annual contract, 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
applications may be updated or exchanged for 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 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 a single Deputy with patrol vehicle during periods when
the night shift differential salary increment is payable to the deputy
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 shall compensate County monthly for each hour of Supplemental
Service at the rates described above and specified in Exhibit A.
C. Base Rent and Operating Costs of Westside Substation
1.City and County shall share the costs of renting and operating the West
Valley Division Substation as follows:
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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 expenses and 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 lease agreement for the substation.
d.Pro-rata 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.
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
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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 as calculated 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 every year of the contract as follows:
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, 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 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 exceeds the
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) 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 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
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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 damage arising 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 damage arising out
of, or in connection with, perfonmance of 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, against any 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-
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rata share remaining 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 has been 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%
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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-1 ion 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