CC Resolution No. 8679䕒体啌䥔乏丠⹏㠠㜶ഹഊ䄊删卅䱏呕佉⁎䙏吠䕈䌠呉⁙佃乕䥃⁌䙏吠䕈䌠呉൙伊⁆啃䕐呒义⁏啁䡔剏婉义⁇塅䍅呕佉⁎䙏䝁䕒䵅久⁔䥗䡔匠乁䅔䌠䅌䅒䌠問呎൙匊䕈䥒䙆䐠偅剁䵔久⁔但䰊坁䔠䙎剏䕃䕍呎匠剅䥖䕃ഊ圊䕈䕒十桴牥慨敢湥瀠敲敳瑮摥琠桴楃祴䌠畯据汩愠条敲浥湥⁴敢睴敥൮琊敨䌠瑩⁹景䌠灵牥楴潮愠摮琠敨匠湡慴䌠慬慲䌠畯瑮⁹桓牥晩敄慰瑲敭瑮猠瑥楴杮映牯桴琠敨整浲湡潣摮瑩潩獮映牯瀠潲楶楳湯漠慬⁷湥潦捲浥湥⁴敳癲捩獥映牯琠敨䌠瑩㭹愠摮䡗剅䅅ⱓ猠楡条敲浥湥⁴慨敢湥爠癥敩敷湡灡牰癯摥戠⁹桴楃祴慍慮敧湡桴楃祴䄠瑴牯敮㭹低ⱗ吠䕈䕒但䕒䕂䤠⁔䕒体噌䑅桴瑡琠敨挠瑩⁹潃湵楣景琠敨䌠瑩⁹景畃数瑲湩敨敲祢愠灰潲敶桴晡牯浥湥楴湯摥愠牧敥敭瑮愠摮愠瑵潨楲敺桴楃祴慍慮敧湡桴楃祴䌠敬歲琠硥捥瑵慳摩愠牧敥敭瑮漠敢慨晬漠桴楃祴漠畃数瑲湩൯ഊ倊十䕓⁄乁⁄䑁偏䕔⁄瑡愠爠来汵牡洠敥楴杮漠桴楃祴䌠畯据汩漠桴楃祴漠൦䌊灵牥楴潮琠楨‱㬼栬搠祡漠畊敮Ⱐㄠ㤹ⰲ戠⁹桴潦汬睯湩൧瘊瑯㩥潖整䴠浥敢獲漠桴楃祴䌠畯据汩奁卅ഺ上䕏㩓䉁䕓呎ഺ䄊卂䅔义ഺഊ䐊慥Ɱ䜠汯浤湡潋灰汥潓敲獮湥潎敮穓扡൯ഊ上湯ഊ䄊呔卅㩔偁剐噏䑅ഺഊ⼊⽳䐠牯瑯票䌠牯敮楬獵楃祴䌠敬歲猯 慌牵污敥匠牯湥敳൮䴊祡牯楃祴漠畃数瑲湩൯
COPY
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 follows :
I . LAW ENFORCEMENT SERVICES
A. General Law Enforcement Services
1 . Within the corporate limits of City , County shall provide
police protection through its Sheriff 's Department as may
be required by City and as within the capability of the
Sheriff to provide . Servicesvto be performed under this
Section A include patrol of established beats , responses
to emergency calls , investigative services , and other law
enforcement services .
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 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 . This
plan will be completed prior to July 1 of each contract
year. Should rate adjustments be required during any
contract year as the result of changes in costs of any
factor then currently reflected in the Sheriff 's rates ,
then such adjustment shall be made pursuant to Section
II .A.l .b .
4 . In the event of a disagreement as to the performance or
amount of the services to be provided pursuant to this
Section A, the Sheriff or his 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 attached. Services to
be performed under this Section B 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 capable 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
2 -
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
service 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 .
C . Supplemental Reserve Services
These services are provided by reserve deputy sheriffs . Their
primary responsibility is the patrolling of the parks within
City, 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 Department .
D. Prior to the end of each contract year City shall provide to
the Sheriff a written statement of the level of law
enforcement service in each category to be provided during the
coming contract year. If City fails to request a specific
level of service for 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 .
3 -
E. Assignment and Transfer Policy
Sheriff ' s deputies assigned to provide General 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 .
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 his 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
4 -
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 Services
County shall , through its Department of Correction , 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. Such activities may
include , but are not limited to , initial reception,
fingerprinting , photography, criminal record screening , early
release screening , classification, medical screening , data
entry, personal property accounting and storage, clothing
issuance , medical treatment , counseling , security, and release
processing.
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 .
- 5 -
II . COMPENSATION
A. Law Enforcement Services Provided by Sheriff
1 . Rates
a. 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 six (6) rates per
hour of service :
(1 ) Primary Rate . This rate is calculated to reflect
the average full cost of operating a Sheriff ' s
patrol vehicle .
(Z ) 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 .
(3) Supplemental Night 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 payable to
the deputy who operates the vehicle .
(4) Supplemental Overtime Day Rate . This rate is
calculated according to the cost of operating a
one-person Sheriff ' s vehicle on overtime during
periods when the night shift differential salary
increment is not payable to the deputy who
operates the vehicle .
(S ) Supplemental Reserve Rate . This rate is
calculated according to the cost of operating a
6 -
two-person Reserve Deputy Sheriff 's vehicle .
(6) Investigative Service Rate . This rate is
calculated to reflect the average full cost per
hour of an investigator ' s time .
b . (1 ) The rates as set forth in Exhibit A may be revised
during the contract year by County to reflect
changes in cost . County shall give City as much
advance notice of rate changes as is practicable,
but to the extent such changes cannot be
accurately projected , County shall give City
notice of such changes as soon as practicable
after changes in cost occur, and not later than
sixty (60 ) days following the effective date of
the revised rate during any year in which the
County and the Deputy Sheriff ' s Association have a
current contract in effect .
(2 ) In those years during which a contract is to be
negotiated between the County of Santa Clara and
the Deputy Sheriff ' s Association , the County shall
notify City of any increases in rates resulting
from the new contract terms , within thirty (30)
days of the date of such contract resolution.
Such increases shall be retroactive to the
effective date of the revised rate .
(3 ) County shall specify to City, not less than sixty
(60) days prior to the start of City' s fiscal
year, the hourly rate for each service to be
provided pursuant to this agreement during that
- 7 -
fiscal year . Any subsequent increase or increases
in any hourly rate or rates occurring within that
fiscal year shall be limited so that the total
cost to the City, under the revised rate or rates ,
shall not exceed by more than ten percent (100)
the previous year' s cost of those same services
based on an equal number of service hours .
2 . Compensation for General Law Enforcement Services
This Subsection 2 shall be interpreted in accordance with
the approved plan for service for the appropriate fiscal
year.
a. (1 ) City shall compensate County monthly, 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 from beat" time at the rate of
ten percent (10a ) of the above-referenced hours .
(2 ) "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 . (`ity shall compensate the County for investigative
services performed by the Sheriff ' s Detective Division
* "Activity" and "Patrol" include those categories identified as
Codes 671 through 674 , 682 , 846 and 847 .
- 8 -
on an hourly basis at the Investigative Rate .
C . 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.
3 . Compensation for Supplemental Services
City shall compensate County monthly for each hour of
Supplemental Service at the rates specified in Exhibit A.
4 . Operating Costs of Westside Substation
City and County shall share the costs of operating the
Westside Substation as follows :
a . The City' s share of the operating cost will be a
prorated amount based upon the actual billable hours
as indicated in the COPANA reports .
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 shall be
mutually agreed to by the parties to this agreement.
c. For the purposes of this provision of the Agreement
9 -
"Operating Costs" are defined as the cost of rent and
utilities .
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
5 . Radar Equipment
If City desires radar equipment for traffic enforcement ,
City shall provide such equipment to the Sheriff during
the first year of this agreement . The maintenance and
replacement of radar equipment will be the responsibility
of the County for the duration of this agreement .
Maintenance and replacement cost will be part of the
vehicle cost .
B. Compensation for Criminal Justice Administrative Services
1 . The criminal justice administrative fee is based upon the
total cost of the booking process divided by the number of
bookings for each jurisdiction. The cost per booking is
not broken down based on the individual services for each
arrestee separately, but rather a total cost figure that
provides an average booking cost .
2 . The actual amount of such fee shall be based upon the
approved Ordinance No . NS — 300 .470 .
3 . Such fee shall apply to every booking or processing of a
person at a county jail facility on and after July 1 , 1992 .
4 . If future court decision or legislative action determines
that the obligation for criminal justice administrative
fees cannot be charged to non contractual cities ,
- 10 -
then this section can be separated and eliminated from
agreement with no effect to any other provision in this
contract , which shall continue to remain in full force and
effect .
C . Compensation for Communication Services
1 . The City shall be charged a share of the County' s cost of
providing emergency communication services .
2 . The following numbers of communication staff , expressed as
full time equivalents (FTE) , shall be allocated to
Sheriff ' s Patrol and Detective Support :
FTE Personnel Allocated to
Positions (s ) S.O. Patrol and Detectives
Communications Director . 1053
Management Analyst . 0319
Secretary II .1053
Advanced Clerk Typist .2106
Chief Communications Dispatcher . 5694
Senior Dispatcher 2 . 1671
Dispatcher III 1 . 6667
Dispatcher I/II 24 .2563
Property Mapper . 1460
In order to compute the personnel costs associated with
Sheriff ' s Patrol and Detective Support , the above numbers
of FTE staff are expressed as percentages of the totals of
all funded positions in that job classification in the
Dispatch Operation' s budget . These percentages will be
multiplied by the full budget appropriation in that budget
line to form the estimated billings . The same percentages
_ 11 _
will be applied to actual expenditure in that budget line
to develop the final costs .
The total cost of the personnel defined in this section
shall also form the basis for the calculation of the
non-personnel costs associated with Dispatch Operations .
A factor of 9 . 2 percent will be applied against the total
personnel costs to determine the cost of services and
supplies .
The sum of the personnel cost and the cost of the services
and supplies will be used to form the total overall cost
allocated to the Sheriff 's Patrol and Detective Support .
3 . The COPANA Report shall be used to calculate the total
share of cost assigned to the contract cities . "All
Activity Excluding 900 's and Supplemental" activity hours
will be used to determine the percentage of the Sheriff ' s
Patrol activity allocated to the unincorporated area of
the County. The remaining percentage of activity will be
used as the basis for cost distribution among the four
contract cities . COPANA shall be used to calculate costs
until the Computer Aided Dispatch (CAD) system becomes
fully operational . At that time , County will use CAD to
calculate communication costs .
4 . To calculate the share of the cost for the City, the
contract cities ' total share as determined in Section II .
C. 2 . shall be multiplied by the assigned internal
distribution percentage to yield that final percentage
share of cost .
- 12 -
S . County shall give City as much advance notice of estimated
cost prior to each fiscal year as is practicable . Absent
a shift in the COPANA percentage described in Section II .
C .3 . , cost increases in estimated billings should be
limited to the negotiated COLA and Benefit package
adjustments . No adjustment to City' s share of
communication costs will be made due to capital/equipment
improvements to communciation operation.
D. Method of payment
Compensation for all services shall be paid by City to County
in the following manner:
1 . On the tenth day following the last day of the first month
of the contract year ,- City shall pay to County an amount
equal to one-twelfth of the projected annual cost of
services for the contract year.
Z . On the tenth day following the last day of each succeeding
month of the contract year. City shall pay to County an
amount equal to one-twelfth of the adjusted projected
annual cost.
3 . Adjustment to the law enforcement projected annual cost is
as follows :
(a) The difference between the actual cost of police
services for the previous month, as shown by the
COPANA report , and the amount actually paid by City to
County for that previous month ' s services shall be
added to , or subtracted from , the one-twelfth amount
to be paid for the month most recently passed .
(b) Any adjustments necessitated by errors in the COPANA
- 13 -
report for any preceding month shall also be made to
the monthly payment amount .
(c) Other police services not included in COPANA Reports
shall be reconciled through monthly reports for those
specific services .
4 . Adjustment to the criminal justice administrative services
projected annual cost will reflect the criminal justice
administrative fee indicated in the approved Ordinance No .
NS - 300 .470 multiplied by the number of pretrial bookings
that occurred in the prior three months within the City ' s
jurisdiction. The monthly cost will be an average cost of
the prior three months . Out-of-county warrant pretrial
bookings are excluded.
S . Adjustments to the communication services projected annual
cost will be based on current COPANA data and on an
assumption of full salary and benefit expenditure (100
percent of appropriation with zero salary saving) .
Monthly billings will cover the service provided in the
previous month. Each monthly billing will initially be
one-twelfth of the annual full budget expenditure
estimate . As expenditure patterns are analyzed and can be
projected , billings may be adjusted prior to the end of
the fiscal year. After the fiscal year closure, a
reconciliation will occur in which actual line item final
expenditures are substituted for appropriations . Any
total net variance will be billed or credited as
appropriate . The reconciliation will utilize the COPANA
data for that fiscal year, and will be finalized no later
- 14 -
than 90 days after the end of the fiscal year .
6 . In the event that County fails to provide a COPANA Report
to City within thirty (30) days of the end of that month,
City shall make timely payment to County of the
one-twelfth monthly installment , but may withhold ten
percent (10%) of that amount. Within twenty-one (21 ) days
following receipt by City of the delinquent COPANA report
the ten percent (10% ) amount so withheld shall be due and
payable to County.
7 . 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.
8 . (a) Within thirty (30) days of the end of the contract
year , County shall provide to City the COPANA report
for the final month of that contract year , along with
all other COPANA reports for previous months which
have not yet been provided. 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 .
is -
(b) If the amount actually paid by City to County exceeds
the cost of police services as set forth in the COPANA
report , County shall pay to City the amount of such
excess within forty-five (45 ) days of the last day of
the contract year .
III .REPORTS
A. 1 . County shall provide to City on a monthly basis report(s )
on the incidence of crime and "activity" and
"investigative" hours expended within City. Said
report(s ) shall differentiate between "general law
enforcement services" and "supplemental services , " and
shall be in a format as agreed upon between County and
City sufficient for a determination of the compensation
due to County for general law enforcement services
provided during the month in question.
2 . a . County shall provide such month COPANA reports to City
within thirty (30) days of the last day of that
month . Upon receipt of the COPANA report the City
will have a period of thirty (30 ) days in which to
notify County of any errors in the report for that
month.
b . The failure of County to provide any COPANA reports to
City within the specified period will not excuse a
delay in payment by City to County except as provided
in Section II .D. 6 . of this Agreement .
3 . County shall give City prompt notice of any change(s ) to
patrol beats within city limits .
4 . Special additional reports requested by City may be
- 16 -
provided at cost .
B. A detailed pre-trial booking report based upon CJIC data will
be attached to every third invoice sent to the city. It will
contain the following data elements for each booking that took
place within a 3 month period: Arrest date, Time , Location,
CJIC Event Number (CEN) , and Officer Number (OFCN) .
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.
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
A. This agreement shall become effective on July 1 , 1992 , and may
be terminated without cause by County or City upon the giving
of sixty (60 ) 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 sixty (60 )
- 17 -
months until June 30 , 1997 , subject to any modifications which
are made in accordance with the terms and conditions of this
agreement .
COUNTY OF SANTA CLARA
Date : JUN 2 3 1992 By:
z otgre-n
C a r , Bo d of Supervisors
AT S DONALD RAI S, Clerk
Board of Supervi ors
APPR A TO AND LEGALITY:
W
U-L�-it
Date
Chief Deputy . County Cou sel
CITY OF F-RT NO
Date : By:
City Manager
APPROVED AS TO F R A LEGALITY:
Date
City Attorney
18 -
PLAN OF EXECUTION
"LAW ENFORCEMENT SERVICES CONTRACT"
CITY OF CUPERTINO
FISCAL 1992-1993
FIELD OPERATIONS DIVISION
SANTA CLARA COUNTY
SHERIFF'S DEPARTMENT
INDEX TO LAW ENFORCEMENT
PAGE
1 Responsibility
1 Service Levels
2 Plan of Patrol
3 Driving Under the Influence Patrol
3 Response to Calls for Service
4 Investigative Services
5 Other Law Enforcement Services
6 Limitation of Charges for 1991 - 1992
6 Service Priorities and Objectives for 1991 - 1992
6 Average Response Time
6 Monitor Serious Crime
7 Response to Major Disaster
7 Review of Priorities and Objectives
8 Agreement Signatures
PLAN OF SERVICE DELIVERY
Part I, Section A. 3 of the Law Enforcement Contract between
the County of Santa Clara and the City of Cupertino provides that
the Sheriff shall develop a Plan of Service which shall be re-
viewed and mutually agreed upon by the City and the Sheriff.
Under Part II, Section 1.B of the Contract, the Service Plan
shall specify the maximum charges for service to be paid by the
City. This Law Enforcement Services Plan is developed to satisfy
these provisions of the Law Enforcement Contract.
Responsibility
Under the Contract, it is the responsibility of the Sheriff
to provide services to the City, in accordance with this plan.
The Sheriff is solely responsible for the administration and
supervision of all such services provided under the Contract.
As provided in the California Government Code (Sections
36501, et seq. ) , the City may designate the Sheriff or the Sher-
iff' s designee as its Chief of Police. During the term of this
agreement, the City agrees not to contract with or purchase from
any other entity, public or private, for law enforcement services
without the express consent of the Sheriff.
Service Levels
Service levels referred to herein are determined by the
amount of hours reported to be provided and charged to the City
under the terms of the Contract in each of the service categories
of General Law Enforcement, Investigative Services and Supplemen-
tal Services. General Law Enforcement includes the patrol of
Plan of Service Delivery - Page 2
established beats and response to emergency calls and other
calls for service.
Plan of Patrol
The patrol of established beats will be provided for by the
assignment to specific geographical areas of the City by Sher-
iff' s patrol units.
Beat responsibility maps will be provided to the City as
updating occurs.
Based on the current Deputy Sheriffs Association Contract,
the Sheriff ' s Field Operations Division, Patrol Sectiok. employs
a ten hour workday for its sworn personnel.
In fiscal year 92-93 , the City of Cupertino and adjacent
unincorporated areas will be served by the following Sheriff ' s
units when assigned:
Watch I 2230 hours - 0830 hours
61C1 1 person unit
6106 1 person unit
Watch II 0700 hours - 1700 hours
71C1 1 person unit
71C4 1 person unit
7106 1 person unit
71C9 1 person unit
74C1 1 person unit (M-TU-TH)
74C2 1 person unit (T-W-TH-FR)
74C3 1 person unit (S-M-T-W)
Watch IIIA 1530 hours - 0130 hours
81C1 1 person unit
81C4 1 person unit
8106 1 person unit
81C9 1 person unit
Plan of Service Delivery - Page 3
Watch IIIA 1200 hours - 2200 hours
84C1 1 person unit (W-T-F-S)
Watch IIIB 1800 hours - 0400 hours
91C1 1 person
Watch IIIB 1800 hours - 0400 hours
(DUI) 95C1 1 person (W-TH-F-SA)
(DUI) 95C2 1 person (S-S-M-T)
By vote of the Cupertino City Council, the total amount
allowed for the Sheriff ' s contract for FY 1992-1993 will be
$3, 007,750. In passing this reduced level of service sheriff' s
contract budget, the city understands that some beats 4ay not be
filled when the Deputy normally assigned is on vacation, sick, on
training or other leave.
It is projected that the average response time from when the
Deputy receives a call for service until they arrive, is expected
to be to 6. 5 minutes as reported in "COPANA" report PAR004.
Driving Under the Influence Patrol (DUI)
Two Deputy Sheriffs are assigned within the city limit
boundaries of Cupertino with the understanding that impaired
driver enforcement is their primary responsibility. In the
course of their duties, they also provide the additional services
of patrol, traffic enforcement, mutual aid and response to emer-
gencies. Refer to Appendix "A" for hourly rates.
Response to Calls for Service
Experience to date indicates that the current patrol unit
assignment in the City of Cupertino provides for an overall
average response time to all "calls for service" of 6 minutes,
Plan of Service Delivery - Page 4
this can be located in the monthly "COPANA" report (PAR004 July
91 - June 92) .
Average response time has some value in weighing the issue
of the number of patrol units assigned to an area. The average
response time is affected by several factors:
1. The elapsed time from when a call is received by County
Communications until it is dispatched to a patrol unit.
2 . Need for an immediate response based on initial reported
information.
3 . Unit availability during peak time periods.
4 . Call stacking by priority/nature of reported information.
Investigative Services
The initial case investigative responsibility for all re- -
ported crimes, misdemeanor and felony, is with the responding
patrol officer. The length and/or depth of his initial investi-
gation depends on the time availability of the patrol officer.
Cases requiring extensive follow-up investigation are routed to
the Detective Section or assigned to appropriate beat units.
Investigative services to the City of Cupertino will be
provided by the Technical Services Bureau, Investigative Services
Division . The Investigative Services Division, organized by
investigative case specialization, investigates most felony and
certain serious misdemeanor crime reported to the Sheriff' s
Department on a weighted case management basis. The Patrol
Section conducts follow-up into misdemeanor and traffic investi-
gations by case assignment to appropriate beat units.
All reported felony and certain serious misdemeanor cases
Plan of Service Delivery - Page 5
are assigned to an investigator for control purposes. Those
cases showing no solvable case characteristics are case con-
trolled and monitored by an assigned investigator, assisted by
appropriate beat units.
Every reported felony or serious misdemeanor case cannot be
successfully investigated to a conclusion. Those cases which
indicate appropriate characteristics are focused upon so as to
maximize the use of investigative time and cost.
Other Law Enforcement Services
Traffic investigations shall be handled by the twq_investi-
gators assigned to the Westside Station. These charges shall be
prorated among the four contract cities based on the number of
accidents, to cover 100% of the investigators cost.
The Patrol Section, in fulfilling its responsibilities,
provides other services to the City as needed to meet its commit-
ments. Specialized services available to the City include:
Hostage Negotiations Unit
Sheriff 's Emergency Response Team
Underwater Recovery Unit
Search and Rescue Unit
Narcotics Unit
Criminal Intelligence Unit
Canine Unit
Although such units are not routinely used, their existence
enhances the capabilities of the Patrol Section in its delivery
of services.
Special events which are mutually identified by the Sheriff
and the City shall be charged at the actual cost of the event.
Plan of Service Delivery - Page 6
Limitation of Charges for 1992 -1993
Budgetary and fiscal constraints upon the City make it
necessary to establish a limit on the total charges to be billed,
according to the amount of services anticipated to be required or
provided by the Sheriff. This Service Delivery Plan acknowledges
these constraints by capping the total obligation of the City.
Cost recovery of unanticipated special events requiring signifi-
cant increases in service provided to the city, shall be negoti-
ated by the Sheriff with the City Manager.
For fiscal year 1992 - 1993, the amount of service (charge-
able hours) anticipated by category is shown in Appendix A.
The 1992 - 1993 hourly rate shall remain in effect until
July 1, 1993 . Hourly rates will be provided in Appendix A. The
new Appendix A shall be delivered to the City in accordance with
section II, A.b of the Law Enforcement Master Contract when rates
are finalized.
Service Priorities and Objectives for 1992 - 1993
For the provisions of service during the 1992 - 1993 fiscal
year, the following priorities and objectives are established.
Sheriff and City agree to follow these priorities and pursue the
objectives.
1. Maintenance of Average Response Time
Maintain the annualized average response time for "called
for" services at or below seven (7) minutes.
2 . Monitor Serious Crime
The sheriff shall monitor the incidence of serious crime
within the City by reporting districts and will :
Plan of Service Delivery - Page 7
a. Focus additional patrol in areas of significantly higher
activity in an effort to reduce such incidence level; and
b. Report to the City such developments, including recommen-
dations on measures to reduce these levels.
3 . Response to Major Disasters
In the event of a major disaster that necessitates the
activation of an Emergency Operations Center in the City of
Cupertino, a Sheriff ' s representative shall immediately be
dispatched and report to the Director of Emergency Services
(City Manager) . Initial response by a Deputy may be the
nearest Patrol Unit or able-bodied Officer available.
A pre-designated Sheriff ' s E.O.C. Liaison Officer shall
be notified as soon as possible to respond to the E.O.C. and
coordinate Law Enforcement responsibilities.
The pre-designated E.O.C. Liaison Officers maintained on
the active call out list shall be available to the Director
of Emergency Services.
Responsibility for personal instruction and any special-
ized training in the E.O. C. process shall be provided Liaison
Personnel by the City of their Assignment.
4 . Review of Priorities and Objectives
Review, on a quarterly basis, or as otherwise desired,
priorities and objectives with the City or its representa-
tive.
Plan of Service Delivery - Page 8
The above Plan of Service for 1992 - 1993 is hereby ap-
proved. It is the intent of the Sheriff to provide services
according to this Plan, subject to the terms and conditions of
the Law Enforcement Contract. It is the intent of the City to
render full cooperation and assistance to the Sheriff in provid-
ing the services called for and in meeting the priorities and
objectives set forth herein.
by
Charles P. Gillingham Donald D. Brown
Sheriff City Manager
Date Date