79-008 FY05 Law Enforcement Services Contract - FY 2005County of Santa Clara
Office of the Sheriff
55 West Younger Avenue
San _lose, Calilornia 95110-1721
(408) 808-4900
Laurie Smith
Sherill
October 26, 2004
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Enclosed for your records is the original signed contract between the County of Santa Clara and
the City of Cupertino.
Sincerely,
Rachel Contreras
Executive Assistant
Office of the Sheriff
9
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 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 Sheriffs Department as may be required by City and as within
the capability of the Sheriff to provide. Services to be performed under
this section(A)(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
Department, provide supplemental services as requested by the City. The
cost of such services shall be at the rate set forth in Exhibit A. Services to
be performed under this section(B)(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 deputy sheriffs. 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 Sheriff's Office.
D. Plan for Service
1. Prior to April of each contract year City shall provide to the Sheriff a
written statement of the level of law enforcement service to be provided during
the coming contract year. If City fails to request a specific level of service 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 30 days.
2. In April of each contract year, City and Sheriff shall develop a plan which
specifies the level and amount of services to be provided in the ensuing
fiscal year.
E. Assignment and Transfer Policy
Sheriff's deputies assigned to provide Law Enforcement Services and
Supplemental Services as herein described shall be assigned to City for a period
of not less than three years except when a person is reassigned because of
promotion or layoff, because a transfer is requested by the individual, or by the
City and concurred in by the Sheriff.
Special Assignment personnel (e.g. SRO) shall be assigned to City for a
period of not less than five years except when a person is reassigned because of
promotion or layoff, because a transfer is requested by the individual, or by the
City and concurred in by the Sheriff.
F. Designation of Chief of Police
If City shall so desire, and County and the Sheriff shall so agree, nothing in
the agreement prevents or limits City from designating the Sheriff or his designee
as its Chief of Police in order to satisfy the provisions of Part I, Division 3, Title 4
of the California Government Code (sections 36501, et seq.). However, this shall
not affect the authority of the Sheriff to control and direct employees of this
department in carrying out duties and obligations pursuant to this contract and
shall not increase any liability to the County arising from this agreement.
G. Disaster Contingency Plan
1. In the event of a major disaster that necessitates the activation of an
Emergency Operations Center in City, a Sheriff's 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 predesignated Sheriff'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 predesignated 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.
H. Criminal Justice Administrative Fee
County shall provide booking and processing services to those arrested
persons within the Corporate limits of City, and who are brought to the County
jail for booking or detention as set forth in a separate agreement.
I. Communication Services
The County shall, through its Communication Department, provide for
emergency communication services in support of the Sheriff's department and
City's operations. Services will include 24 hour per day 9-1-1 telephone
answering and radio dispatching of Sheriff's 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 2004-05 base rate
established for general law enforcement and county communications
(hereinafter"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 department as set forth in a calculation
formula agreed and attached hereto as "Exhibit B" and incorporated herein
by reference, or the February to February Consumer Price Index for San
Francisco/Oakland/San Jose for the Urban Wage Earners (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
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. The increase over the life of the agreement will not exceed the
actual cumulative average of CPUW plus 2% for the ten year agreement.
In addition, the city agrees to absorb the percentage increase in actual
County PERS costs, adjusted by PERS for averaging. For PERS
contributions due in one year and deferred to future years under PERS
averaging, the PERS amount deferred shall accrue interest until paid at the
rate of 8.25% (same rate charged by PERS 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 Sheriff's Association, and has not
been settled for the purpose of computing increases in this agreement, the
county shall utilize the average CPUW 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 CPUW plus 2% for each individual year. The increase over
the life of the agreement will not exceed the actual cumulative average of
CPUW 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 new projected budget annual contract. amount.
5. a. City shall compensate County at the primary rate, for the
"Activity" and "Patrol" time expended in the City. Activity and
Patrol time include those categories identified as Codes 671
through 674, 682, 846 and 847c. Additionally, County shall
charge city for meal periods, "beat preparation" time and "securing
from beat" time at the rate of ten percent (10%) of the above -
referenced hours.
b. "Activity" and "Patrol" times are identified through the County
Patrol Activity Network Analysis (COPANA) and Patrol Activity
Report (PAR). A listing of items and their designations as
"Activity" or "Patrol" are to be set forth in the attachment to the
yearly plan for service.
B. Supplemental/Reserve Service
1. Compensation for all services within Sections I.A., B. and C. to be
rendered pursuant to this agreement shall be based upon one of the
following five (5) rates per hour of service:
a. Primary Rate. This rate is calculated to reflect the average full cost of
operating a Sheriff's patrol vehicle.
b. Supplemental Day Rate. This rate is calculated according to the cost
of operating a one—person Sheriff's vehicle during periods when the
night shift differential salary increment is not payable to the deputy
who operates the vehicle.
c. Supplemental Night Rate. This rate is calculated according to the cost
of operating a one-person Sheriffs vehicle during periods when the
night shift differential salary increment is payable to the deputy who
operates the vehicle.
d. Supplemental Reserve Rate. This rate is calculated according to the
cost of operating a two -person Reserve Deputy Sheriff's Vehicle.
e. Investigative Service Rate. This rate is calculated to reflect the
average full cost per hour of an investigator's time.
2. City shall compensate County monthly for each hour of Supplemental
Service at the rates described above and specified in exhibit A.
C. Base Rent and Operating Costs of Westside Substation
1. City and County shall share the costs of renting and operating the
Westside Substation as follows:
a. The City's share of the base rent and operating cost will be based
upon the lease greement between the County and Limar Realty
Group dated 0, 2004. The monthly base rent will increase
3% each year commencing November 8, 2005 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 2004 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.l.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. Prorata share to City for substation costs will not be changed
during the term of this agreement due to the loss of any contracting
city unless mutually agreed to by the remaining parties to the
agreement.
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
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 three years after the initial year of the contract as
follows:
a. The difference between the actual cost of police services for the
previous three years, 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 three
years.
b. Other police services not included in COPANA Reports shall be
reconciled every three years 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 Westside Station
as set forth in the COPANA report, County shall pay to City the amount of
such excess by October 1 following the end of the contract year.
Within twenty-one (21) days of receipt of such final COPANA report, city
shall pay to County the full amount, if any, by which the costs of police
services, as set forth in all COPANA reports for the contract year, exceeds
the amount actually paid by City for such services. For purposes of
calculating the final amount due to County from City, City's credit for the
amount actually paid by City shall not include any interest paid by City
due to late monthly payments.
III. REPORTS
A. Monthly Reports
County shall provide to City on a monthly basis report(s) on the incidence
of crime and "activity" and "patrol" hours expended within City. Said
report(s) shall differentiate between "law enforcement services" and
"supplemental services," and shall be in a format as agreed upon between
County and City.
2. County shall provide such month end reports to City within thirty (30)
days of the last day of that month.
By September 30 following the end of the contract year, County shall
provide to City the COPANA report for the entire contract year.
4. Special additional reports requested by City may be provided at cost.
IV. HOLD HARMLESS CLAUSE
A. The County shall indemnify, defend, and hold harmless the City, its officers,
agents and employees from any loss, liability, claim, injury or damage arising out
of, or in connection with, performance of the duties and obligations of the County
and its employees set forth in this agreement.
B. The City shall indemnify, defend, and hold harmless the County, its officers,
agents and employees from any loss, liability, claim, injury or damage arising out
of, or in connection with, performance of the duties and obligations of the City
and its employees set forth in this agreement.
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- l -b�, 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 I - ( - I � 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 -rata share remaining on County tenant improvements, moving costs and
remaining lease commitments for the Westside 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
Date: C')Ct%Qn Z�
By: I tir
Pete kutras
County Executive
APPROVED AS TO FORM AND LEGALITY:
Q ( )k [o_� _(D
David Kahn, Deputy County Counsel (Date)
CITY OF
0—y PQ
Date: . c! • cf By: L) �;, -
City Manager
APPROVED AS TO FORM AND LEGALITY:
City Attorney (Date)
S:\Main\GeneralGovemment\Kahn\Sheriffs Dept\Contracts\FinalContractCities083004.doc
EXHIBIT A
PROPOSED COSTS
FISCAL YEAR 2004-2005
LOS ALTOS UNINCORP.
RATES CUPERTINO HILLS SARATOGA CITIES
GENERAL LAW ENFORCEMENT
Proposed Hours - Activity 6,786.7
Proposed Hours - Patrol 4,438.7
900 Codes (10% of Above Hours) 1,122.5
Total Hours 34,598.0 5,321.0 19,014.0 12,347.9
Proj Costs FY 2004-2005 @ $117.04 $4,049,350 $622,770 $2,225,399 $1,445,198
SUPPLEMENTAL PATROL - DAYS:
Proposed Hours 7,200.0 43.0 3,831.9 0.0
Proj Costs FY 2004-2005 @ $115.51 $4,967 $442,623 $0
Cupertino @ $115.11 $828,792
SUPPLEMENTAL PATROL - NIGHTS:
Proposed Hours 2,080.0 0.0 2,000.0 0.0
Proj Costs FY 2004-2005 @ $117.55
$0
$235,100 $0
Cupertino @ $117.15
$243,672
INVESTIGATIVE HOURS:
Proposed Hours
6,830.0
566.0
2,200.0
Detective Investigation:
Average of last 6 yrs (Cup.& Sar.)
6,183.7
306.8
1,808.8 0.0
Proj Costs FY 2004-2005 @ $109.73
$749,456
$62,107
$241,406 $0
A - 1 8/19/2004
EXHIBIT A
PROPOSED COSTS
FISCAL YEAR 2004-2005
LOS ALTOS UNINCORP.
RATES CUPERTINO HILLS SARATOGA CITIES
RESERVES ACTIVITY HOURS:
Proposed Hours 1,650.0 22.0 340.0 200.0
Proj Costs FY 2004-2005 @ $34.19 $56,414 $752 $11,625 $6,838
OPERATING COSTS OF WEST VALLEY SUBSTATION:
Est. Costs FY 2003-2004 Hours
86,436
Percentage
Proj Costs July - Oct 2004 @ $106,560
Proj Costs Nov 04 - June 05 @ $327,795
Total Proj Costs of Substation
SUBTOTAL COSTS:
Proj Costs FY 2004-2005
43,878
5,364
24,846 12,348
50.7636%
6.2057%
28.7450% 14.2857%
18,031
2,204
10,210
110,934
13,561
62,816
$128,965
$15,765
$73,026 $0
$6,056,649 $706,361 $3,229,179 $1,452,036
PROJECTED SPECIAL SERVICES
Projected Hours FY 2004-2005 1,803 0 0 0
Proj Costs -Cupertino Sergeant @ $74.64 $0
Proj Costs -Saratoga DARE Officer $0 $50,112
SCHOOLS RESOURCE OFFICER
Proj Costs FY 2004-2005 @ $93.83 $147,875 $0 $130,478 $0
TOTAL SHERIFF LAW ENFORCEMENT COSTS
Proj Costs FY 2004-2005 $6,204,524 $706,361 $3,409,769 $1,452,036
OTHER COSTS
Proj Costs FY 2004-2005 $0 $0 $0 $0
A-2 8/19/2004
EXHIBIT A
PROPOSED COSTS
FISCAL YEAR 2004-2005
LOS ALTOS UNINCORP.
RATES CUPERTINO HILLS SARATOGA CTTTF.R
BOOKING FEES
Proj Costs FY 2004-2005 $118,002 $3,418 $22,927 $0
TOTAL LAW ENFORCEMENT COSTS
Proj Costs FY 2004-2005 $6,322,526 $709,779 $3,432,696 $1,452,036
TOTAL COSTS COMPARISON
CONTRACT UNINCORP.
CITIES AREA
Proj Costs FY 2004-2005
$10,465,001 $1,452,036
A-3 8/19/2004
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 (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 2004-05:
Base Year 2004-05 costs = costs as shown in Exhibit A to this
Agreement.
Fiscal Years 2005-06 through 2014-15:
Preceding Base Year Costs
X
Lesser of Percentage change in total compensation or CPFW 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
CPFW plus 2% for each individual year.)
Plus
Percentage Change (Increase/Decrease) in Actual County PERS Costs