SUBJECT: AGREEMENT WITH ALAMEDA-CONTRA COSTA TRANSIT DISTRICT FOR LAW ENFORCEMENT SERVICES

Transcription

1 Alameda County Sheriff's Office Lakeside Plaza, 1401 Lakeside Drive, 12'h Floor, Oakland, CA Gregory J. Ahern, Sheriff Coroner - Public Administrator - Marshal Direcwr of Emergency Services AGENDA October 13, 2009 September 28, 2009 Honorable Board of Supervisors County Administration Building 1221 Oak Street, Room 536 Oakland, CA 946 r2 SUBJECT: AGREEMENT WITH ALAMEDA-CONTRA COSTA TRANSIT DISTRICT FOR LAW ENFORCEMENT SERVICES RECOMMENDATION: It is respectfully requested that your Honorable Board approve the Agreement between the County of Alameda and the Alameda/Contra Costa County Transit District (AC Transit) (Principal: Rick Fernandez, General Manager; location: 1600 Franklin Street, Oakland, CA) to continue providing law enforcement services at an estimated annual cost of $5.7 million, from July 1, 2009 through June 30, DISCUSS}ON/SUMMARY: The Sheriff's Office has been providing mobile law enforcement service to AC Transit since October The first contract was for the period of October 1, 1994 through September 30, 1997, with an option that was exercised to extend it an additional two years through September 30, The second contract was for the period October 1, 1999 through June 30, 2004, with an option that was exercised to extend it an additional five years through June 30, This Agreement commences July 1,2009 and extends through June 30,2014. The Sheriff's Office dedicates one (1) lieutenant, three (3) sergeants, twenty-one (21) deputy sheriffs, and three (3) sheriff technicians to the Mobile Patrol Security Services for the term of this Agreement. AC Transit may elect to add or reduce deputy sheriff positions during the term of this Agreement, with thirty (30) days written notice to the Sheriff. The Sheriff agrees to provide all necessary and mandatory training required to ensure that the individuals assigned comply with all state and agency mandated training. AC Transit agrees to allow the assigned individuals adequate time to participate in this mandatory training.

2 Honorable Board of Supervisors September 28, 2009 Page 2 AC Transit shall provide all necessary equipment to the Sheriffs Office personnel assigned. At a minimum, AC Transit shall provide funding for late model marked vehicles that are equipped with an 800 MHZ radio which is compatible with the Sheriffs Office equipment and which is capable of conununication with the Sheriffs Office Emergency Service Dispatch Center. Attaclunent 1 of the Agreement details the Salary & Employee Benefits and the Discretionary Services & Supplies costs, which AC Transit agrees to pay under this Agreement. FINANCING: No additional appropriation is required. The contract amount is budgeted in FY This request does not increase the net County cost in FY Regards, 69 ~,f+)} / (0 P ~regory J. Ahern Sheriff-Coroner GJA :KBV:kbv cc: Susan Muranishi, County Administrator Richard Winnie, County Counsel

3 AGREEMENT TO PROVIDE MOBILE PATROL SECURITY SERVICES TO THE ALAMEDA/CONTRA COSTA COUNTY TRANSIT DISTRICT This Agreement to Provide Contract Mobile Patrol Security Services to the Alameda/Contra Costa County Transit District is made and entered into on July 1,2009, by and between the Alameda County Sheriffs Office ("Sheriff") and the Alameda/Contra Costa County Transit District ("District"). The parties agree to the following tenns and conditions: 1. TERM OF AGREEMENT This Agreement shall commence on July 1,2009, at 12:01 A.M. and continue until June 30,2014, at 11:59 P.M. 2. DESCRIPTION OF SERVICES PROVIDED BY THE SHERIFF'S OFFICE a. General Scope of Services. The Sheriff shall provide a dedicated unit to perfonn law enforcement mobile security services throughout the District's Alameda County service area. This dedicated unit will operate 24 hours per day, seven days per week. The District's service area encompasses over 220,000 daily riders, 150 bus routes, and approximately 400 square miles within Alameda and Contra Costa Counties. If the Sheriffs dedicated unit is unable to provide law enforcement services or otherwise respond in a timely fashion to any area of the District's Service area due to staffing levels or any unforeseen circumstances, the Sheriff may rely on the local jurisdiction's law enforcement agency within the service area to respond on its behalf from time to time to ensure public safety. Such reliance shall not be deemed a breach of this Agreement. Under the direction of the District's Chief of Protective Services and Investigations, Sheriffs Office personnel will respond to incidents occurring onboard District buses, at District bus stops, and at other District property. The primary objective of this service is the protection of passengers, bus operators, District property and other employees ofthe Transit District. Upon mutual agreement of the Sheriff and the General Manager or hislher designee, unit personnel may be assigned other duties relating to law enforcement and personnel matters. b. Personnel and Supervision. Effective July 1, 2009, the Sheriff shall assign, and, as provided in Attachment I (which is attached hereto and made part of this Agreement), the District shall pay for: one (1) lieutenant, three (3) Sergeants, and three (3) Sheriffs Technicians to the Mobile Patrol Security Services for the term ofthis Agreement. The Sheriff shall assign, and, as provided in Attachment I, the District shaj.l pay for (21) Deputy Sheriffs for the tenn of this Agreement. However, the District may elect to add or reduce Deputy Sheriff positions during 1

4 the term of this Agreement, with (30) days written notice to the Sheriff. If the Sheriff assigns more Deputy Sheriffs at the District's request during the term of this Agreement, the District shall pay the amounts and rates for each Deputy Sheriff as outlined in Attachment 1. The Captain ofthe Sheriffs Office Contract Services Unit, or the Sheriffs designee, shall supervise all employees of the Sheriffs Office assigned to this unit. The Sheriff is responsible for providing the assigned individuals with all employment rights, wages and benefits. c. Allegations of Misconduct or Wrongdoing. The Sheriffs Office is solely responsible for conducting investigations into accusations of wrongdoing or misconduct by the individual assigned, in accordance with the Sheriffs policies and procedures, and for taking appropriate disciplinary action against its employees. When any person affiliated with the Alameda/Contra Costa County Transit District makes a complaint to the General Manager or hisfher designee, about the conduct ofa Sheriffs office individual assigned, the General Manager or hislher designee shall notify the Sheriffs Office Contract Services Unit Captain, or the Sheriffs designee, and request that an investigation be conducted into the alleged misconduct or wrongdoing. The Sheriffs Office shall conduct its own investigation W1less, the policies ofthe Alameda/Contra Costa County Transit District, state, federal or local laws required that the District conduct an additional investigation. The Sheriffs Office agrees to cooperate with the District's investigation. The General Manager or hislher designee may request that the accused Sheriffs Office employee be relieved of providing services to the District W1til the completion of the investigation, and such request shall not be unreasonably denied. d. Maintenance of Records. The Alameda/Contra Costa County Transit District shall maintain all records and reports prepared in the perfonnance of this Agreement. The Sheriffs Office shall maintain all records pertaining to Sheriffs Office individuals assigned. Personnel files of Sheriff's Office personnel assigned shall not be made available to the District. The Sheriffs Office shall, on a weekly basis, provide the District with copies of all police reports generated pursuant to this Agreement. e. Staffing and Replacement ofpersonnel. The Sheriffs Office will staffthese positions in accordance with the provisions of this Agreement and in a manner mutually satisfactory to both parties. The Sheriffwill use his best efforts to ensure adequate coverage during staff absences. In the event that any assigned persormel is unable to perform assigned duties due to illness, injury, extended leave, promotion, etc., the Sheriff shall replace the individual assigned to the District as soon as possible. Due to the specialized training required for this position, it will not be possible to temporarily replace the assigned individual unless it becomes apparent that the position will remain vacant for over twenty 2

5 (20) days. The Sheriff will permanently replace the assigned individual within twenty (20) days of notification that the assigned individual will be unavailable for further duty with the District. f. Training Requirements. The Sheriffs Office agrees to provide all necessary and mandatory training required to ensure that the individual assigned complies with all state and agency mandated training. The Alameda/Contra Costa County Transit District agrees to allow the assigned individual adequate time to participate in this mandatory training. The District also agrees to provide training for assignments that are specific to their needs. 3. DESCRIPTION OF FACILITIES AND EQUIPMENT TO BE PROVIDED BY THE ALAMEDA/CONTRA COSTA COUNTY TRANSIT DISTRICT The District shall provide all necessary equipment to the Sheriff's Office personnel assigned. At a minimum, the District shall provide funding for late model marked automobiles that are equipped with an 800 MHZ radio which is compatible with Sheriffs Office equipment and which is capable ofcommunication with the Sheriffs Office Emergency Services Dispatch Center. In addition, the District shall fund portable radios, pagers or cellular telephones for official use only, as deemed appropriate by the Captain of the Contract Services Unit. 4. TERMINATION OF AGREEMENT Either the Alameda/Contra Costa County Transit District or the Sheriffs Office may terminate this Agreement at any time for their respective convenience upon one hundred and twenty (120) days written notice, or earlier upon written mutual agreement. The Transit District shall pay for: all personnel costs up until the time of termination, and any reasonable costs to close out services to the District. 5. COMPENSATION The District shall pay for actual cost of the services provided under this agreement, including the annual cost of dispatch services, provided under this agreement, at rates determined by the County of Alameda, in accordance with the policies and procedures established by the Board of Supervisors. Attachment I shall be amended as needed by the Sheriff to reflect any changes in the actual rates that will be billed to the District for services described in this contract. In the event the District chooses to add or reduce positions during the tenn ofthis Agreement, Attachment I will be amended to reflect the actual costs associated with the complement of personnel, to include ad charges reflected in Attachment 1. For the period July], 2009, and each year thereafter, the actual cost of services shall include an indirect rate charge of 10.65% applied against all Salary and Employee Benefit costs provided for in this agreement. Effective July 0], 2010, and each year 3

6 thereafter, the Alameda County Sheriffs Office and the Alameda/Contra Costa Transit District shall reopen this agreement with respect to indirect rates. The Sheriff shall deliver to the District within thirty (30) days after the close of each monthly period, an itemized invoice that covers the actual costs of alj services perfonned during the said monthly period, and the District shall pay the Sheriff upon receipt of said mvolce. If such payment is not received by the Sheriff at the office that is described on said invoice within thirty (30) days after the date of receipt of said invoice, the Sheriff is entitled to recover interest thereof. Said interest shall be at the rate of one (1) percent per calendar month or any portion thereof calculated from the last day of the month in which the services were performed. 6. EMPLOYERIEMPLOYEE RELATIONSIDP No relationship of employer and employee is created by this Agreement, it being understood that the District shall act hereunder as an independent District; that no District employee shall have any claim under this Agreement or otherwise against the Sheriff and/or the County of Alameda for seniority, vacation time, vacation pay, sick leave, personal time off, overtime health insurance, medical care, hospital care, retirement benefits, Social Security, disability, Workers' Compensation, or unemployment insurance benefits, civil service protection, or employee benefits of any kind; that the District shall be soiejy liable for and obligated to pay directly all applicable taxes, including, but not limited to, Federal and State income taxes, and in colulection therewith the District shall indemnify and hold the Sheriff and/or the County of Alameda may incur because of the District's failure to pay such taxes. 7. INDEMNIFICATION CLAUSE To the fullest extent pennitted by law, District shall hold harmless, defend and indemnify the County of Alameda, its Board of Supervisors, officers, employees and agents from and against any and all claims, losses, damages, liabilities and expenses including but not limited to attorney's fees, arising out of or resulting from the performance of services under this Agreement, provided that any such claim, loss, damage liability or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property, including the loss therefrom, or to any violation of federal, state or municipal law or regulation, and (2) is caused in whole or in part by any negligent act, omission or willful misconduct of District, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The County may participate in the defense ofany such claim without relieving District ofany obligation hereunder. To the fullest extent pennitted by law, County shall hold harmless, defend and indemnify the District, its officers, employees and agents from and against any and all claims, 4

7 losses, damages, liabilities and expenses including but not limited to attorney's fees, arising out of or resulting from the perfonnance of services under this Agreement, provided that any such claim, loss, damage liability or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property, including the loss therefrom, or to any violation of federal, state or municipal law or regulation, and (2) is caused in whole or in part by any negligent act, omission or willful misconduct of District, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The District may participate in the defense of any such claim without relieving County of any obligation hereunder. 8. MODIFICATIONS TO AGREEMENT This Agreement may be modified or amended only by a written document executed by District and Sheriff. Modifications to Attachment I shall be made by the Sheriff, on an as needed basis, and said modifications shall be in writing and signed by the authorized representative of each agency. 9. INTEGRATION CLAUSE This Agreement contains the entire Agreement between the parties hereto with respect to the matters addressed herein and supersedes all prior Agreements, written or oral, between the parties on such matters. 10. NON-DISCRIMINATION Parties agree that they will comply with the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 11. SEVERABILITY CLAUSE Should any provision of this Agreement be Wlenforceable, those provisions shall be considered severable, and the remaining provisions shall remain in effect. 12. PROCESSING PARKING CITATIONS The Sheriff's Office is solely responsible for administering the agreement with a vendor of their choice to provide for the processing of fines, penalties and forfeiture thereof, in connection with the issuance of citations for illegal parking pursuant to the laws ofthe State of California. 5

8 IN WIlNESS WHEREOF, the parties have executed this Agreement on the date set forth below. Signed and entered into on this. date of COUNTY OF ALAMEDA By: Date: Alice Lai-Bitker, President Board of Supervisors ALAMEDA COUNTY SHERIFF'S OFFICE ALAMEDA/CONTRA COSTA COUNTY TRANSIT DISTRICT Gregory J. Ahem, Sheriff-Coroner Date: Date: _-r'~~~l...~~~'cj?""?= Approved as to Form: Richard E. Winnie, County COW1Sel By: Date: ~~ cr!:t 40 j 6

9 Attachment 1 Cost Estimates for AC Transit Police Services Salary & Employee Benefits Fiscal Year position Number of Employees Annual Salary* Annual Benefits" Annual Total Lieutenant 1 141, , , Sergeant 3 355, , , Deputy Sheriff II 21 1,977, ,140, ,117, Sheriff Technician II 3 160, , , ,635, ,482, ,117, Estimated salaries & Benefits 4,117, Annual Benefits includes: Tier I retirement Tier II retirement Social Security HI Tax Health Insurance Dental Insurance State Disability Insurance Estimated Overtime (Holidays, Mandated Training, Court Appearances) 250, Reduced from last year $318,438 Estimated Workers' Compensation Insurance 212, Estimated Salaries and Employee Benefits 4,579, Indirect costs on S&EB at 10.65% 487, Estimated Costs for services & Supplies 629, TOTAL ESTIMATED COSTS 5,697, ~\ 1 '"Annual Salary & Benefit Costs based on aetuals paid in BY2009 (pay periods thru 09-11) Q...!' '" -Retirement Benefits for Lt. & Deputy Sheriff used average Tier I, Tier II; Sergeant & Sheriff Tech based on Tier II Spreadsheet stored: T-Drive, Kirsten, Empl Classification, name info calculating salary information

10 Attachment I, Page 2 of 2 Cost Estimates for AC Transit Police Services Direct & Indirect Costs For Fiscal Year Vehicles: 10 Patrol Vehicles (OJ $ ea/mo 1 Unmarked Vehicle (Ci2 $ ea/mo 3 Parking Enforcement Vehicles (QJ $ ea/mo 18, per patrol vehicles (estimate) 2, for parking enforcement vehicles (estimate) 2, for unmarked enforcement vehicles (estimate) Total Vehicle Costs Aircards (MDT) Radio Dispatch Electronic Equip Maintenance AB408 Contract Costs AB408 Hearing Costs Print Costs Rent of O.PD. Radios Criminalistics Laboratory Services Copy Machine Lease Cellular Phone Charges Film Processing/Developing Information Technology Total Other Costs Per Mo Per Year NOTES regarding costs i 1, I 15, $ is FY cost , 1, $ is FY cost ; 4, $ is FY cost 5, ; 63, $.28/mile is FY cost , $.30/mile is FY cost I 10, $.38/mile is FY cost 8,887.80' 106, , $47.67 per card per month x 10 cards 32, I 393, Refigured for 21 deputies. 1, j 17, months FY $ Hearing Officer costs captured in S&EB 1 1, I 12,920,00 FY cost at $15 per hearing Parking citations $900/yr , Actual cost of not broken down by program: total admin cost for , months in is $ , , I Professional and Public Liability (Risk Manaqement ) ESTIMATED COSTS FOR SERVICES & SUPPLIES 7, , $ 629, Refigured for 14 vehicles. Printed on 8/7/2009 S:\AC Transit \AC Transit Costs