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Staff Report PREPARED BY: Heather St. John Senior Administrative Analyst Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 12/17/2019 ITEM NO: 10 DATE: December 4, 2019 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Authorize the Town Manager to Execute a Memorandum of Understanding (MOU) with the County of Santa Clara Office of the District Attorney Crime Laboratory for Major Case Work. RECOMMENDATION: Authorize the Town Manager to Execute a Memorandum of Understanding (MOU) with the County of Santa Clara Office of the District Attorney Crime Laboratory for Major Case Work. BACKGROUND: Historically the Town of Los Gatos and the County of Santa Clara have worked together to provide services related to the investigation and prosecution of criminal cases in the County of Santa Clara. The District Attorney's Crime Laboratory provides services related to these activities and from a prosecutorial viewpoint is the preferred resource within the County for evaluating and processing evidence. Additionally, the Crime Laboratory provides services to all criminal justice agencies within the County of Santa Clara for consistency. Laboratory personnel evaluate and analyze evidence, interpret results, provide expert testimony in court related to the full spectrum of physical evidence recovered at crime scenes, and offer technical assistance and training to agencies. DISCUSSION: Currently a formal MOU is not in place, pursuant to Government Code § 51350 and both parties desire to define the Town’s payments to the County of Santa Clara for Crime Laboratory services related to Major Case Work through establishment of an MOU. PAGE 2 OF 3 SUBJECT: Memorandum of Understanding with the County of Santa Clara Office of the District Attorney Crime Laboratory DATE: December 4, 2019 DISCUSSION (continued): Approval of the MOU formalizes the process which has been followed between the parties for many years. Crime Laboratory Major Case Work covered in the MOU shall include and be defined as cases requiring review and analysis of any of the following: • Audio Analysis • Bloodstain Pattern Analysis • DNA/Forensic Biology • Computer Forensics (including Cell Phones) • Impression Evidence • Latent Print Processing • Trace Evidence • Video Analysis CONCLUSION: Approval of the Town Manager to execute a MOU with the County of Santa Clara Office of the District Attorney Crime Laboratory will allow continued services related to the analysis, investigation, and prosecution of criminal cases through 2029. FISCAL IMPACT: The Council approved FY 2019/20 Operating Budget which included the annual Crime Laboratory expense, in an amount not to exceed $61,000. The estimated cost is based upon a five-year average percentage of cases submitted by each Santa Clara County agency. The average of five prior years is utilized in order to minimize the impact of any sudden spike in Major Case submittals, and the calculation is specific to each individual agency. To allow for the Town to budget for the upcoming fiscal year, the Town is billed for a dollar amount calculated one year prior. Notwithstanding the above procedures, the increase of Town’s costs in any given year as compared to the prior year shall not exceed 3%. With Council approval, the Town will continue to utilize the Crime Laboratory services. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. PAGE 3 OF 3 SUBJECT: Memorandum of Understanding with the County of Santa Clara Office of the District Attorney Crime Laboratory DATE: December 4, 2019 Attachment: 1. MOU with the Santa Clara County Office of the District Attorney Crime Laboratory