Attachment 3 - Los Altos Hills Contract for Law Enforcement Services & SupplementLAW ENFORCEMENT CONTRACT
THIS IS AN AGREEMENT between the County of Santa Clara, State of California,
hereinafter referred to as "County," and the Town of Los Altos Hills, hereinafter referred to as
"Town."
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, Town is primarily responsible for providing law enforcement services
within Town limits and is desirous of contracting with the County for the rendition of such
services; and
WHEREAS, County and Town 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 Town, County shall provide police
protection through its Sheriff's Office as may be required by Town 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 Town to review
the manner of performance of such services.
B. Supplemental Services
Within the corporate limits of Town, County shall, through its Sheriff's
Office, provide supplemental services as requested by the Town. The cost
of such services shall be at the rate set forth in Exhibit A. Services to be
ATTACHMENT
2. Prior to March 15th of each contract year, Town 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 Town 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
Town and concurred with by the Sheriff.
Special Assignment personnel (e.g. SRO) shall be assigned to Town 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
Town and concurred with by the Sheriff.
F. Designation of Chief of Police
If Town shall so desire, and County and the Sheriff shall so agree, nothing
in the agreement prevents or limits Town 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 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 Town, 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.
A pre- designated Sheriffs 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 Town.
6. In the event a major disaster occurs, the Sheriffs Office shall provide
support as required to comply with the Town'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 Town, 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 Sheriff's Office and Town'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.
H. COMPENSATION
A. Compensation for Law Enforcement Services Provided by Sheriff
The Town shall compensate the County utilizing the Fiscal Year
2014/2015 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 Sheriffs Office as set forth in
a calculation formula agreed and attached hereto as "Exhibit B" and
incorporated herein by reference, or the annual average for the 12 month
period of December to December of the US Department of Labor, Bureau
of Labor Statistics, Urban Wage Earners and Clerical Workers Consumer
Price Index (CPI/W) 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 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 life of the agreement. In addition, the Town 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, Town 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. Town or Sheriff shall
review any such proposed modifications but is not obligated to approve
them. If Town does not approve them, the Sheriff is not obligated to
provide such services over and above the level of services provided in the
plan. Town 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 Town.
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 Town 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 Town, not less than ninety (90) days prior to the
start of Town's fiscal year, the new projected budget annual contract
amount.
a. Town shall compensate County at the primary rate, for the
"Activity" and "Patrol" time expended in the Town. Additionally,
County shall charge Town 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. 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
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 fall 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 Reserve Rate. This rate is calculated according to the
cost of two Reserve Deputy Sheriffs with patrol vehicle.
e. Investigative Service Rate. This rate is calculated to reflect the
average full cost per hour of an investigator's time.
2. Town 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. Town and County shall share the costs of renting and operating the West
Valley Division Substation as follows:
a. The Town's share of the base rent and operating cost 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, 2015 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 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 Town'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. Town shall pay to County monthly that portion of the substation
operating costs attributable to Town. 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 Town 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 County
of Santa Clara Ordinance No. NS - 300.470.
E. Method of payment for all Services
Compensation for all services shall be paid by Town to County in the
following manner:
1. The Town 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 Town to County for those services shall be added
to, or subtracted from, the amount paid for the prior year.
b. Other police services not included in COPANA Reports shall be
reconciled every year for those specific services.
3. Payments, or any portion thereof, not made by Town 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 Town the COPANA report for the entire
contract years. If the amount actually paid by Town to County exceeds
the cost of law enforcement services and operating costs of the West
Valley Station as set forth in the COPANA report, County shall pay to
Town 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,
Town 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 Town for such services. For purposes
of calculating the final amount due to County from Town, Town's credit
for the amount actually paid by Town shall not include any interest paid
by Town due to late monthly payments.
M. REPORTS
A. Monthly Reports
County shall provide to Town on a monthly basis report(s) on the incidence of crime
within Town. Said report(s) shall differentiate between "law enforcement services" and
"supplemental services," and shall be in a format as agreed upon between County and
Town.
1. County shall provide such month end reports to Town 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
Town the COPANA report for the entire contract year.
3. Special additional reports requested by Town may be provided at cost.
IV. HOLD HARMLESS CLAUSE
A. The County shall indemnify, defend, and hold harmless the Town, 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 Town 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 Town
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 Town 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 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 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 Town elects to terminate this Agreement prior to the
expiration of the ten -year term, the Town shall nonetheless pay the full amount of its pro -
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 Town and the County to
the other parties at least one hundred eighty (180) days prior to the expiration of this
contract.
The 2004 Law Enforcement Contract between the parties and any extension
thereof is terminated upon the effective date of this Agreement.
This agreement may be executed in counterparts, each of which shall be deemed
an original and all of which, when taken together, shall constitute one document.
COUNTY OF SANTA CLARA
Date:
Mike Wasserman, President
Board of Supervisors
Signed and certified that a copy of this
Document has been delivered by electronic
Or other means to the President, Board of
Supervisors.
Attest: Dated:
Lynn Regadanz, Clerk
Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
Cheryl Stevens, Deputy County Counsel (Date)
!!
Date:
APPROVED AS TO FORM AND LEGALITY:
Steven Mattas, City Attorney (Date)
TOWN OF LOS ALTOS HILLS
Carl Cahill, City Manager
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 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 Costs
X
Lesser of Percentage change in total compensation or Consumer Price
Index- Urban Wage Earners and Clerical Workers (CPI/W) 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
CPI/W plus 2% for each individual year.)
Plus
Percentage Change (Increase /Decrease) in Actual County PERS Costs
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 38,248.0 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 7,200.0 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
11
Proj Costs FY 2014 -2015 @ $166.04
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
0.0
0.0
0.0
$0
$0
$0
FY15 Contract Cities_ Proposed Costs 05 -15 -2014 A - 39 DSA =O%
RATES
RESERVES ACTIVITY HOURS:
Proposed Hours
Proj Costs FY 2014 -2015 @ $48.70
OPERATING COSTS OF WEST VALLEY SUBSTATION:
EXHIBIT A
PROPOSED COSTS
FISCAL YEAR 2014 -2015
LOS ALTOS UNINCORP.
CUPERTINO HILLS SARATOGA CITIES
1,650.0
22.0
340.0
0.0
24,255
14,696
$80,355
$1,071
$16,558
$0
Proj Hours FY 2014 -2015
$1,022,843
45,448
5,464
24,255
14,696
89,863
0
0
0
$189,351
$0
Percentage
$0
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
$211,713
$25,453
$112,989
$68,459
SUBTOTAL COSTS:
Proj Costs FY 2014 -2015
PROJECTED SPECIAL SERVICES
Projected Hours FY 2014 -2015
Cupertino Traffic Sergeant
Saratoga School Resource Officer
$8,913,747
$1,022,843
$4,500,540
$2,491,829
1,815.5
0
0
0
$189,351
$0
$0
$0
$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
CAPPED COSTS 2014 -2015
Proj Costs Capped @ 4.6% (CPI +2 %) Increase
AMOUNTS BELOW CAP OF 4.6%
$9,498,819 $1,022,843 $4,600,540 $2,491,829
$9,840,602 $1,060,170 $4,753,605 $0
($341,783) ($37,327) ($153,065) $0
FY15 Contract Cities_Proposed Costs 05 -15 -2014 A - 40 DSA =O%