AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND
SAN MATEO COUNTY TRANSIT DISTRICT

 

THIS AGREEMENT, entered into this ____ day of , 2004, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and SAN MATEO COUNTY TRANSIT DISTRICT, a public agency acting on its own behalf and on behalf of the Peninsula Corridor Joint Powers Board, hereinafter referred to alternatively as “SamTrans.”

W I T N E S S E T H:

 

    WHEREAS, SamTrans is the managing agency responsible for administration and contract oversight of rail operations for the Peninsula Corridor Joint Powers Board, and

 

WHEREAS, in contracting for law enforcement services, SamTrans is acting on its own behalf and on behalf of the Peninsula Corridor Joint Powers Board; and

 

    WHEREAS, it is necessary and desirable that County and SamTrans contract for the performance of Sheriff's Office law enforcement services for and on behalf of SamTrans and the Peninsula Corridor Joint Powers Board; and

 

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

   

1.

Exhibits.

The following exhibits are attached hereto and incorporated by reference herein:

   

Exhibit A - Law Enforcement Services

Exhibit B - Communication Services

Exhibit C - Payments and rates

To the extent any of the exhibits are inconsistent with the Agreement, the terms and conditions of this Agreement will govern over the exhibits.

   

2.

Services to be Performed by County.

In consideration of the payments set forth herein and in Exhibit C, County shall perform services for SamTrans in accordance with the terms, conditions and specifications set forth herein and in Exhibits A and B. County will furnish and supply all necessary labor, supervision, equipment and supplies necessary to maintain the level of service set forth in the exhibits to this Agreement.

   

3.

Payments.

In consideration of the services provided by County in accordance with all terms, conditions and specifications set forth herein and in Exhibits A and B, SamTrans shall make payment to County based on the rates and in the manner specified in Exhibit C. In no event shall SamTrans total fiscal obligation under this Agreement exceed FOUR MILLION SEVEN HUNDRED SIXTEEN THOUSAND SIX HUNDRED EIGHTEEN DOLLARS AND NO CENTS, ($4,716,618.00) without the express written approval of Samtrans.

   

4.

Term and Termination.

Subject to compliance with all terms and conditions, the term of this Agreement shall be from JANUARY 1, 2005 THROUGH JUNE 30, 2008.

This Agreement for law enforcement and communication services in whole or in part may be terminated by either party to this Agreement at any time upon ninety (90) days advance written notice to the other party.

   

5.

Assignability and Subcontracting.

Neither party may assign the benefits nor delegate the duties set forth in this Agreement without the written authorization of the other party.

6.

Relationship of Parties.

It is expressly understood that this is an Agreement by and between two (2) Independent Contractors and that no agency, employee, partnership, joint venture or other relationship is established by this Agreement. The intent by both SamTrans and County is to create an independent contractor relationship.

   

7.

Hold Harmless.

   
 

A.

SamTrans shall indemnify and hold harmless County from and against all actions which in any way arise out of, result from, or are connected in any way with SamTrans' negligent or intentional acts in performing services under this agreement, except any action which arises solely and exclusively out of the negligent or intentional acts of County.

B.

County shall indemnify and hold harmless SamTrans from and against any and all actions which in any way arise out of, result from, or are connected in any way with the County's negligent or intentional acts in performing services under this agreement, except any action which arises solely and exclusively out of the negligent or intentional acts of SamTrans.

C.

If an action arises out of the concurrent negligence of SamTrans and County, then liability for any damage in that action shall be apportioned between SamTrans and County in accordance with the California law of comparative negligence, with each party to bear the cost and responsibility of defending itself, and its agents, and employees.

D.

As used in this section, "County" means the County, its officers, agents, employees and servants.

E.

As used in this section, "SamTrans" means the San Mateo County Transit District, the Peninsula Corridor Joint Powers Board, and their respective officers, agents, employees and servants.

F.

As used in this section, "actions" means actions, claims, suits, demands, and liability of every name, kind, and description brought for, or on account of injuries to or death of any person, including SamTrans and County, or damage to property of any kind whatsoever and to whomsoever belonging.

   

8.

Insurance.

The work shall not commence under this Agreement unless and until all insurance required under this paragraph has been obtained and such insurance, self-insurance or a combination thereof has been approved by the County and SamTrans. Each party shall use diligence to obtain such issuance and to obtain such approval. Each party shall furnish the other party with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending each party’s coverage to include the contractual liability assumed by it pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to SamTrans, the Sheriff’s Office and County of any pending change in the limits of liability or of any cancellation or modification of the policy.

   

A.

Worker's Compensation and Employer's Liability Insurance. SamTrans and the County shall have in effect during the entire life of this Agreement Worker’s Compensation and Employer's Liability Insurance, or an acceptable program of self-insurance providing full statutory coverage. In signing this Agreement, SamTrans and the County certify, as required by Section 1861 of the California Labor Code, that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and SamTrans and the County will comply with such provisions before commencing the performance of the work of this Agreement.

 

B.

Liability Insurance. SamTrans and County shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance, self insurance or a combination thereof as shall protect him/her while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from SamTrans’ and County’s operations under this Agreement, whether such operations be by himself/herself or by any sub-contractor or by anyone directly or indirectly employed by either of them. Such insurance, self insurance or a combination thereof shall be combined single limit bodily injury and property damage for each occurrence and shall be not less than the amount specified on the following page.

   
 

Such insurance shall include:

 

1)

Comprehensive General Liability . . . . . . . . . . . . . . .

$1,000,000

 

2)

Motor Vehicle Liability Insurance . . . . . . . . . . . . . . .

$1,000,000

       
 

SamTrans, the Peninsula Corridor Joint Powers Board, County and their respective officers, agents, employees and servants shall be named as additional insured on the others’ such policies of insurance, which shall also contain a provision that the insurance, self insurance or a combination thereof afforded thereby to the other party, its officers, agents, employees and servants shall be primary insurance to the full limits of liability of the policy, and that if the other party or its officers and employees have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.

   
 

In the event of the breach of any provision of this section, or in the event any notice is received which indicates any required insurance coverage, self insurance or a combination thereof will be diminished or canceled, the County of San Mateo or SamTrans, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement.

   

9.

Compliance with Laws; Payment of Permits/Licenses.

All services to be performed pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, including, but not limited to, Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended, and the Americans with Disabilities Act of 1990, as amended, and Section504 of the Rehabilitation Act of 1973, as amended and attached hereto and incorporated by reference herein as Attachment“I,” which prohibits discrimination on the basis of handicap in programs and activities receiving any Federal or County financial assistance. Such services shall also be performed in accordance with all applicable ordinances and regulations, including, but not limited to, appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this agreement and State, Federal, County, or municipal law or regulations, the requirements of the applicable law will take precedence over the requirements set forth in this Agreement.

   

10.

Non-Discrimination.

A.

County and Samtrans shall comply with 504 of the Rehabilitation Act of 1973, which provides that no otherwise qualified handicapped individual shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of this Agreement.

B.

General non-discrimination. No person shall, on the grounds of race, color, religion, ancestry, gender, age (over 40), national origin, medical condition (cancer), physical or mental disability, sexual orientation, pregnancy, childbirth or related medical condition, marital status, or political affiliation be denied any benefits or subject to discrimination under this Agreement.

C.

Equal employment opportunity. County and SamTrans shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. SamTrans and County’s equal employment policies shall be made available to County of San Mateo upon request.

 

 

 

 

 
 

 

   

 

11.

Retention of Records.

Subject to applicable state and federal confidentiality and privacy requirements, each party agrees to provide to the other party, to any federal or state department having monitoring or reviewing authority, to the other party’s authorized representatives and/or their appropriate audit agencies upon reasonable notice, access to and the right to examine and audit records and documents necessary to determine compliance with relevant federal, state, and local statutes, rules, and regulations, and this Agreement, and to evaluate the quality, appropriateness and timeliness of services performed.

SamTrans and County shall maintain and preserve all financial records relating to this Agreement for a period of four (4) years from the termination date of this Agreement, or until audit findings are resolved, whichever is greater.

   

12.

Merger Clause.

This Agreement, including the Exhibits attached hereto and incorporated herein by reference, constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the parties.

   

13.

Controlling Law.

The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, the interpretation, and performance of this Agreement shall be governed by the laws of the State of California.

   

14.

Notices.

Any notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when deposited in the United State mail, postage prepaid, or when deposited with a public telegraph company for transmittal, charges prepaid, addressed to:

   

    In the case of County, to:

San Mateo County Sheriff’s Office

Don Horsley, Sheriff

400 County Center

Redwood City, CA 94063

 

    In the case of SamTrans, to:

General Manager

San Mateo County Transit District

1250 San Carlos Avenue

San Carlos, CA 94070

 

15.

Authorization to Approve Amendments to this Agreement for Additional Services.

In the event SamTrans should desire to make future changes or amendments to this Agreement for the purpose of additive services or decrease in services in either Law Enforcement or Public Safety Communications, the Sheriff of San Mateo County, and the Director of County Employee and Public Services, respectively, shall have the signatory authority to approve such future Amendments on behalf of the County, provided said changes in service levels are fully reimbursable to the County, and shall provide appropriate written notification to the County Manager and County Board of Supervisors of the fiscal and service impact of said changes.

The SamTrans General Manager shall have the authority to make changes and amendments to the services and payments provided for under this Agreement, up to that specified procedural and financial level of approval authority such as may be granted to Samtrans General Manager.

IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

 
 

COUNTY OF SAN MATEO

A Political Sub-division of the

State of California

   
 

By:

 
   

President, Board of Supervisors, San Mateo County

 

Date:

   
   

ATTEST:

   

By:

   
 

Clerk of Said Board

 
   
 
 
 

SAN MATEO COUNTY TRANSIT DISTRICT

   
   
 

By:

 
   

   
 

Printed Name

   

Date:

   
     
     

APPROVED AS TO FORM:

   

By:

   
 

Attorney for SamTrans

 
     
 

Date:

   

EXHIBIT A

LAW ENFORCEMENT SERVICES

AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND
SAN MATEO COUNTY TRANSIT DISTRICT

 

In consideration of the payments set forth in Exhibit C, County shall provide the following law enforcement related services:

A.

General Law Enforcement Duties.

The primary objective is the protection of the public passengers, bus and train operators, SamTrans and Caltrain property, and all employees of SamTrans. In addition to the services set forth above, duties to be performed as directed by SamTrans’ Chief of Protective Services, SamTrans’ Risk Manager, and/or Sheriff’s designee include but are not limited to the following:

    1.

Uniformed as well as plainclothes, undercover assignments relative to SamTrans and Caltrain operations

2.

Work with police agencies in other cities/counties relative to SamTrans and Caltrain activities.

3.

Work with District Attorney’s Offices in the prosecution of criminal cases within SamTrans and Caltrain jurisdictions.

4.

Work with the Coroner’s Office of all three counties with territory along the Caltrain rail line (San Mateo, San Francisco and Santa Clara) relative to incidents involving deaths.

5.

Participate in SamTrans bus safety and Caltrain rail safety, crime prevention, and traffic safety programs.

6.

Attend meetings related to law enforcement issues and services.

7.

Work with SamTrans staff and SamTrans contractors, as needed, on all matters associated with law enforcement, training others as to the scope of law enforcement duties, being trained as to how others do their jobs and may need law enforcement assistance.

8.

During the course and scope of assigned duties, the assigned Deputies will observe and/or be informed of issues and concerns that might require law enforcement services. When such circumstances and opportunities present themselves, the staff assigned to this contract will take the initiative to assess the scope of the issue(s), develop a plan, and present the issues and plan of action to the supervisor of the contract(s) and SamTrans’ Chief of Protective Services.

9.

Be available to work in and respond to calls for law enforcement services for SamTrans and Caltrain as described in this Agreement in the counties of San Francisco, San Mateo and Santa Clara.

10.

Perform other duties and responsibilities as required by SamTrans’ Chief of Protective Services and/or Sheriff’s designee.

11.

Sheriff’s Office will be responsible for maintaining all original investigative case files and other hard copy documents including vehicle releases, recovered property “hits” and other case-related incidents generated by personnel assigned to this contract. All case files pertaining to services provided under this Agreement shall be made available to SamTrans upon request.

Files will be retained in accordance with the San Mateo County document retention schedule.

12.

Sheriff’s Office will be responsible for maintaining all property and evidence from cases generated by personnel assigned to this contract. All property/evidence will be disposed of in compliance with the current federal and state laws, and County ordinance applicable.

13.

SamTrans, Caltrain and San Mateo County Transportation Authority meetings.

a.

When requested by SamTrans’ Chief of Protective Services, attend Board meetings at the District Headquarters office in San Carlos.

b.

Handle disruptive people or groups, escort person(s) out of the building, and/or make an arrest, as appropriate.

14.

Issuing Citations - Sheriff’s Office shall issue parking and moving citations at any and all SamTrans and/or Peninsula Corridor Joint Powers Board sites, stops, parking lots, and stations as may be required for enforcement of traffic laws, rules and regulations, including but not limited to regulations adopted by SamTrans and/or Peninsula Corridor Joint Powers Board pertaining to vehicles, bicycles, skateboards and illegal or unpaid lot parking.

Additionally, the County employee who serves in the position of CalTrain Security Enforcement Officer, may, subject to legal approval by County’s legal counsel, be appointed and authorized, as required by the Sheriff pursuant to Section 830 et al of the Penal Code, to issue on-board train fare violations. Sheriff and SamTrans shall cooperatively established working arrangements and agreements with the County’s parking citation processing vendor, and with the Courts of the three Counties served by Peninsula Rail services, allowing for citations issued by the Sheriff’s Office acting on behalf of SamTrans to be separately deposited into a trust fund, the balance of which shall be transferred to SamTrans by County on a quarterly basis, less a 5% fiscal processing fee.

B.

Services Specific to Bus Operations.

1.

Collisions involving SamTrans vehicles.

a.

When requested by SamTrans, respond to reports of collisions involving SamTrans buses and other District vehicles, especially those involving injuries or other special circumstances.

b.

As needed, take reports to assist in SamTrans internal investigation, determination of preventability, and primary cause.

i.

Act as liaison with police agency in whose jurisdiction the collision took place.

ii.

Obtain witness statements.

iii.

Perform fact-finding duties.

iv.

Take photos of accident scenes.

2.

Police Assistance Calls.

a.

Respond to any dispatched calls for assistance on a SamTrans bus, bus route, or SamTrans facilities, where Bus Supervisor cannot handle solely.

i.

Remove disruptive, drinking, or intoxicated passengers.

ii.

Deal with fare evasion, fraudulent bus passes, false currency or coins.

iii.

Investigate assault and/or battery, and other types of incidents involving SamTrans’ employees and/or patrons.

3.

Traffic violations/safety of bus commuters.

a.

Address public safety issues.

b.

Observe violations, and write citations as appropriate.

4.

Bus Riding. Assigned Sheriff’s personnel on a regular basis will perform undercover surveillance and high visibility uniformed patrol details to deter criminal activities and provide a safe environment for SamTrans’ patrons.

5.

Revenue Room.

a.

Periodically ride with SamTrans staff or shadow them as they make money transfers, and will do so unannounced at Sheriff’s discretion.

b.

Perform unannounced spot checks during times when money counting is in progress.

c.

Conduct detailed investigations of any concerns that arise related to loss of revenue, either from the Revenue Room, or from buses during their runs.

d.

Work with the Sheriff’s SWAT Team and local police departments to develop a plan for emergency response in the event of a robbery-type incident.

6.

Closed Circuit Television (CCTV) – SamTrans North Base (North Access Road, South San Francisco), South Base (Pico Blvd., San Carlos), Contract Urban Bus Facility (Motor Vehicle Office, Redwood City), Administrative Office (San Carlos Avenue, San Carlos), and other future locations.

a.

Work with the guard service selected by SamTrans and SamTrans’ Chief of Protective Services on investigating and responding to any District alarms and analyzing CCTV live and stored video images.

C.

Services Specific to Rail Operations.

1.

Train Collisions - respond to reports of grade crossing collisions and rail collision investigations.

2.

Rail Policing.

a.

When requested by Peninsula Corridor Joint Powers Board (Caltrain), assist Amtrak Police with law enforcement issues and concerns in addition to the service that is currently provided by Amtrak Police.

b.

Respond to any dispatched calls for assistance on a Caltrain train, train route, or Caltrain facilities, where train crew cannot handle solely.

i.

Remove disruptive or intoxicated passengers.

ii.

Investigate assault and/or battery, and other types of incidents involving Caltrain’s employees and/or patrons.

iii.

Investigate other significant crimes or crime trends as may occur involving Caltrain facilities, equipment, personnel or patrons; coordinate with other law enforcement jurisdictions on such investigations as required.

c.

Provide AMTRAK conductors with law enforcement support when verifying valid passenger Proof-of-Payment (POP) during on-board inspections.

i.

Process violations for fare evasion, fraudulent train passes, false currency or coins and issue citations for fare evasion.

ii.

Provide support for AMTRAK personnel for fare enforcement activities as required, such as appropriate handling of difficult or disruptive passengers who are suspected to have evaded fares.

d.

Provide parking lot fee violation enforcement and citation issuance through the CalTrain Security Enforcement Officers.

3.

Trespassing and Railroad Fatalities.

a.

Address public safety issues

b.

Observe violations, and write citations as appropriate

 

4.

Train Riding. Assigned Sheriff’s personnel on a regular basis will perform undercover surveillance and high visibility uniformed patrol details to deter criminal activities and provide a safe environment for Caltrain’s patrons.

5.

TVM Monitoring – CalTrain Central Administrative Office on San Carlos Avenue, in San Carlos.

a.

Work with the guard service selected by Caltrain on responding to any District alarms while they are on duty.

   

D.

Canine Acquisition.

SamTrans will rely upon the Sheriff’s Office to properly select, train and obtain the necessary P.O.S.T. certification of two (2) canines for law enforcement protections and Explosive Ordinance Detection (EOD) duties.

 

E.

Canine Supervision.

Canine resources will be dedicated to transit related activities, as directed by SamTrans (Transit Unit) supervisor and utilized in accordance with accepted practices, policies, and procedures established by the Sheriff’s Office.

 

F.

Vehicle Acquisition.

The Sheriff’s Office will be responsible for providing the necessary emergency vehicles to the transit police fleet, so as to ensure that there are two (2) vehicles dedicated to canine use, two (2) dedicated to daily patrol use, and two (2) dedicated to detective and supervisor use. The Sheriff’s Office will ensure that all transit police vehicles are painted, marked and equipped as necessary for transit police duty within 45 days of acquisition of canines.

 

G.

Pension Rights.

No pension rights of SamTrans or County employees will be affected by this Agreement.

   

H.

Administrative Coordination.

The Sheriff shall designate a management representative as liaison with SamTrans’ Chief of Protective Services, with respect to services provided under this Agreement. Said representative shall maintain regular communications with SamTrans’ Chief of Protective Services and his staff, by phone and in person, to ensure the effective delivery of services provided under this Agreement, and shall be available to meet with the Chief and/or his staff as required. The Sheriff’s designee will also regularly communicate with Sheriff’s personnel assigned under this Agreement, to help ensure the proper allocation of resources and prompt resolution of emergent issues. It is agreed by both parties that there will be a mutual and free exchange of reports and memoranda which concern services provided by the Sheriff to SamTrans, upon SamTrans request, to discuss particular issues as may arise relating to this Agreement, or the services provided therein.

 

I.

Selection and Replacement of Personnel.

The selection of the personnel to provide the law enforcement services mentioned herein and the supervision and control of such personnel shall be exercised by the Sheriff and/or under his direction. The Sheriff and/or his designee shall notify SamTrans of changes in the personnel who provide the law enforcement service mention herein. If SamTrans is not satisfied with the performance of County personnel assigned to this Agreement, SamTrans may notify County. County shall evaluate SamTrans’ concerns and consider making personnel changes as may be appropriate.

The Sheriff and/or his designee agree to work collaboratively with SamTrans’ Chief of Protective Services in assignment of and changes in personnel. Personnel assignments will be reviewed with SamTrans’ Chief of Protective Services for approval, except in the event of emergency response situations.

Replacement of absent personnel under this Agreement shall be provided by the Sheriff within 30 days in accordance with established Sheriff’s Office Standards of Practice.

 

J.

Personnel and Supervision.

1.

Effective January 1, 2005, the Sheriff’s Office shall assign the following personnel:

>

One (1) Detective Sergeant

>

One (1) Detective

>

Four (4) Deputies

>

Two (2) CalTrain Security Enforcement Officers

>

One (1) Legal Office Specialist

2.

Effective July 1, 2005, the Sheriff’s Office and SamTrans agree to review assignments, schedules, staffing, and funding for purposes of making a mutual determination as to the following staff additions:

>

One (1) Lieutenant position (percentage of FTE and assignment of responsibilities in conjunction with existing Sergeant position to be determined, as required to meet 7 day per week duty coverage).

>

One (1) additional Deputy position

3.

The Captain of the Sheriff’s Office Operations Division, or other Sheriff’s designee, shall oversee all Sheriff’s Office employees assigned to SamTrans under this Agreement.

 

K.

Training Requirements.

The Sheriff’s Office agrees to provide all necessary and mandatory training required to ensure that the individual assigned complies with all state and agency mandated training. SamTrans agrees to allow the assigned individual adequate time to participate in this mandatory training. SamTrans also agrees to provide training for assignments that are specific to their needs.

 

L.

Reports.

The Sheriff and/or his designee shall report regularly to SamTrans’ Chief of Protective Services all activities related to SamTrans assignment, including, but not limited to, the services provided by County, assignments of personnel, and areas for improved law enforcement measures.

 

M.

Local Control.

The Sheriff shall, in cooperation with SamTrans, plan, schedule, staff, organize, implement and manage law enforcement service for SamTrans and help SamTrans establish and maintain appropriate standards.

Law enforcement personnel assigned under this contract will be responsible for adhering to all policies and procedures promulgated by the Sheriff. SamTrans’ Chief of Protective Services or designated representative shall have the general duty and responsibility of providing to the assigned Sheriff’s designee general policies specific to the furnishing of law enforcement services to SamTrans but not contradictory to those of the Sheriff.

The Sheriff and/or his designee shall have the general flexibility to assign specific duties and responsibilities to personnel assigned to SamTrans as necessary to achieve policing standards of SamTrans, and may from time to time change duties and responsibilities of specific officers as requested by SamTrans.

 

N.

Uniforms and Insignia.

Except for undercover and plainclothes services provided under this Agreement, the officers performing such law enforcement services as herein provided shall be in the prescribed uniform of the San Mateo County Sheriff’s Office during the performance of their duties. Similarly, patrol vehicles used by personnel assigned to provision of services under this Agreement shall bear the markings and insignia of the Sheriff’s Office. If SamTrans should desire any customization of uniforms or insignia relative to services provided, SamTrans shall negotiate with Sheriff the cost of modification to uniforms and/or insignia. The Sheriff reserves the right to deny or reject requests for modifications by SamTrans.

 

O.

Contractual Costs Inclusive & Exclusive.

1.

Sheriff’s Office Services. All personnel, motor vehicle, communications, and other operating costs for Sheriff’s Office services provided under this Agreement are inclusive within the annual not-to-exceed contract obligation for Law Enforcement Services, for each calendar year. Annual amounts are modified by a not-to-exceed cost-of-living adjustment for each successive calendar year following 2005, as provided for in Exhibit C.

2.

Non-Sheriff’s Office Radio Charges. Monthly radio charges for all radios acquired by SAMTRANS for use by non-Sheriff’s Office personnel, such as AMTRAK police officers and supervisors, are exclusive of the annual contract obligation for Sheriff’s Law Enforcement Services. Said non-Sheriff’s Office radio maintenance costs shall be separately billed to SAMTRANS by the County at the prevailing monthly “radio node rate” set by the San Mateo County Information Services Department, times the number of radios utilized by AMTRAK or other non-Sheriff’s Office personnel for the established billing period, pursuant to Section 6 of Exhibit C.

   

P.

Distribution of Ticket Revenue.

Distribution of fines, forfeitures, and penalties will be in accordance with the agreement SamTrans has developed with the City and County of San Francisco and the County of Santa Clara as well as follow existing San Mateo County allocation formulas established by the Superior Court.

EXHIBIT B

COMMUNICATION SERVICES

AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND
SAN MATEO COUNTY TRANSIT DISTRICT

 

In consideration of the payments set forth in Exhibit C, County shall provide the following Public Safety Communication services:

 

A.

County Obligations.
In providing Public Safety Communication Services, County shall be responsible for the following.

1.

Dispatching Services – Obligations of Public Safety Communications Division.

Emergency telephone answering, personnel notification, and equipment dispatching, including automated status keeping, and associated activity reports and inquiries.

The County shall not be responsible for answering any SamTrans non-emergency, administrative telephones.

2.

Calls for Service – Primary Notification.

County’s Computer Aided Dispatch (CAD)1 equipment will be accessed upon receipt of a call for service. Calls will be voice dispatched via radio system 2.

Secondary notification will take place by Digital Pager. Although pagers are considered secondary methods of notification whereby the call information is transmitted via CAD to the digital pager, which is in-turn assigned to the appropriate field unit(s), this method is considered a redundant to that of the radio system and not intended to replace primary methods of notifications.

In areas not covered by the CAD equipment or radio system, communication services will be provided by the digital pager equipment and cellular phones.

3.

Provide SamTrans and its contracted law enforcement officers (currently Amtrak and County) with the aforementioned services twenty-four (24) hours a day.

4.

Ensure that public safety communications dispatchers have attended a minimum of twenty-four (24) hours every twenty-four (24) months of law enforcement training in order to remain proficient and capable of providing services that meet or exceed the needs and standards of the County Communications Division.

5.

Direct access to “SMARTS” twenty-four (24) hours a day, three hundred sixty-five (365) days a year. This access will provide information from NLETS (National Law Enforcement Telecommunications Systems), CLETS (California Law Enforcement Telecommunications System, AWS (Automated Warrant System), CJIS (Criminal Justice Information System), and networks associated to DMV (Department of Motor Vehicles).

6.

CHS (Criminal History System) access will not be available from the dispatch center.

7.

Work space and facilities overhead costs at the County facility for the personnel and equipment described in this Agreement.

8.

Equipment.

a.

Provide a total of 18 portable radios compatible with the new digital trunked radio systems, as follows:

>

Eight (8) radios for the Sheriff’s staff assigned to SamTrans under this Agreement.

>

10 radios to allow AmTrak Police currently servicing SamTrans access to County law enforcement bands.

 

Additional one-time and ingoing costs for said radios and ancillary equipment will be borne between both agencies in arrangements to be separately negotiated at the emergent time between Sheriff and SamTrans.

One-time costs shall be that of the purchase cost offered to the County under the existing service Agreement which the County maintains with the County’s radio system vendor, in effect at the time of the desired purchase.

Maintenance costs shall be that of the monthly per-radio maintenance charge established by the County’s Information Services Department, in effect at the time the new equipment is placed into maintenance service.

SamTrans may acquire and provide mobile radios for Sheriff’s vehicles serving SamTrans.

If additional Sheriff’s personnel are assigned to SamTrans, said portable radios may eventually be re-allocated to these new Sheriff’s personnel or new portable radios added, at SamTrans expense, as required for the completion of assigned duties to be mutually determined by SamTrans and Sheriff’s Security Management.

b.

Provide and maintain radio console equipment within the County Communications Center to the portable radios provided by County to SamTrans, on the frequencies designated by the Department, within existing radio range.

Ongoing usage charges for the SamTrans’ CLETS and SMARTS terminal shall be allocated to SamTrans under the existing Countywide Message Switch System budget, in accordance with the historical established formula applicable to all Message Switch user agencies in San Mateo County.

Said formula will include annual messaging by all authorized law enforcement agencies serving SamTrans, including Amtrak Police, should said agency in the future be authorized access by the state to any one or more of the state databases available under the County Message Switch System.

c.

Provide and maintain recording equipment to log and record incoming and outgoing transmissions related to SamTrans related radio and telephone incidents. All radio frequencies or telephone lines used for SamTrans business in the Communications Center operation (not Administrative Officers) shall be recorded.

9.

Serve as 9-1-1 PSAP (Public Safety Answering Point) and ensure that an alternative 9-1-1 site is established and lines are maintained in compliance with rules, policies, and regulation of the State of California 9-1-1 Program, should the Center’s 9-1-1 system fail.

10.

The geographic file of SamTrans areas needed for CAD will be exclusively maintained by County.

11.

Updating of wants and warrants after established business hours via the automated computer system shall be accomplished by the Sheriff’s Criminal Records Bureau in accordance with applicable state statutes and departmental policies. Said information will be accessible to Public Safety Dispatchers, as required, in the currently established manner.

At no additional cost to SamTrans, County shall install and maintain one (1) CLETS termincal at a location specified by SamTrans that shall enable SamTrans to access “SMARTS.” County shall obtain all necessary rights and approvals necessary, if any, authorizing SamTrans to access and use “SMARTS.”

12.

Host periodic liaison meetings that include line supervisors and/or management representatives of each agency in order to decide issues of mutual interest.

13.

Ensure that the existing CAD System accurately reflects the operation of SamTrans in San Mateo County.

14.

Attempt to accommodate SamTrans with public safety communications/dispatch services that necessitate additional public safety communications center staffing above and beyond the designated pro-rata share of staffing of one (1) twenty-four (24) hour console, without incurring significant expenditure in overtime costs.

15.

Provide a general business telephone number that can be used for official business of SamTrans personnel in order to communicate directly with the designated police dispatcher.

16.

Provide and maintain CAD equipment within the Communications Center to effect digital pager activation from the Communications Center to SamTrans’ field units.

   

B.

Samtrans’ Obligations.

1.

Provide at its’ own facility, personnel to answer and coordinate incoming business and other non-emergency calls; SamTrans will provide a recording for its business telephone lines which will inform callers that emergency calls should be directed to 9-1-1 and non-emergency, business calls should be made on the following business day.

2.

Insure that its’ officers learn and comply with established procedures with regard to the public safety communications operation, regardless of whether an official written document of said procedure exists or its simply an understood practice.

3.

Procure and pay invoiced pager rental/maintenance fees not to exceed a maximum of $18.00 per pager, per month. SamTrans will rent as many pagers as they feel necessary to ensure efficient notification/calls for service.

4.

Dispatch Center manager shall enjoy a direct line of communication with SamTrans’ Chief of Protective Services in matters of radio traffic manner and procedures, intra-personal relationships and public safety communications procedure matters.

5.

Maintain all necessary telephone lines for digital/computer communications between the County and SamTrans.

6.

Shall give the County (inclusive of Public Safety Communications, Sheriff’s Patrol and Administration) at least thirty (30) days notice of any operations changes that affect its’ response.

   

C.

Administration, Personnel and Workload Assessment.

1.

Administration.

The County Public Safety Communications Program Manager (“Program Manager”) shall be the designated management representative and liaison with SamTrans’ Chief of Protective Services, with respect to all services provided by County under this Agreement.

Program Manager shall maintain regular communications with SamTrans Chief of Protective Services and with assigned County personnel, to ensure the effective delivery of services under this Agreement, and shall be available to meet with the Chief and/or other SamTrans staff as required.

There shall be a mutual and free exchange of reports, memoranda and verbal communications which concern services provided by County to SamTrans under this Agreement.

   

2.

Personnel.

 

Program Manager has the sole discretion to select and assign personnel to provide communications dispatch services to SamTrans. Any concern on the part of SamTrans regarding the performance or suitability of County staff assigned should be communicated directly to the Program Manager, who will review the situation and take what actions are deemed appropriate, and discuss said actions with SamTrans’ Chief of Protective Services.

   

3.

Workload Assessment.

 

Program Manager will periodically assess SamTrans’ communications dispatch workload issues, impacts and services. If in the opinion of the Program Manager, services rendered have increased beyond the level funded in this Agreement, to the extent of degrading customer service and/or impacting public safety, the Program Manager will so inform the Chief of Protective Services and the Sheriff.

If such event occurs, all parties will meet and confer in good faith to reach an agreed upon resolution to the problem(s), which may then be presented to the respective parties’ high authorities and governing boards, if and as required.

 
 

EXHIBIT C

PAYMENTS AND RATES

AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND
SAN MATEO COUNTY TRANSIT DISTRICT

 
 

In consideration of the services provided by Contractor in Exhibits A and B, SamTrans shall pay County based on the following fee schedule:

A.

Payments.

1.

Total payment obligations by SamTrans to County under this Agreement for law enforcement services will not exceed $1,192,704 for Calendar Year 2005, $1,258,308 for Calendar Year 2006; $1,333,812 for Calendar Year 2007; and $706,922 for the first half of Calendar Year 2008. (Note: annual payment obligations for Calendar Year 2007 and thereafter may be less than the maximum amount shown – see Section 2-A. of this Exhibit.)

2.

Total payment obligation by SamTrans to County under this Agreement for public safety communication services will not exceed $72,412 for Calendar Year 2005, $75,316 for Calendar Year 2006; $79,832 for Calendar Year 2007; and $42,312 for the first hald of Calendar Year 2008. (Note: annual payment obligations for Calendar Year 2007 and thereafter may be less than the maximum amount shown – see Section 2-B. of this Exhibit.)

   

B.

Cost-of-Living Adjustments (COLA’s).

1.

Increases equal to the negotiated cost of living and/or equity increases for Sheriff’s Office sworn personnel will be applied. Increases will be communicated to SamTrans once they are established. The Calendar Year 2006 cost-of-living adjustment, effective January 1, 2006, has been established at 5.5% for law enforcement services. Increases beyond Calendar Year 2006 will not exceed 6% for the duration of this Agreement. Said projected future year adjustments are included within the not-to-exceed annual payment obligations noted in Section 1-A of this Exhibit; actual adjustments for Calendar Year 2007 and beyond may be less than the 6% maximum shown in Section 1-A, depending on the amount of future COLA’s.

2.

Increases equal to the negotiated cost of living and/or equity increases for Communications Dispatch personnel will be applied. Increases will be communicated to SamTrans once they are established. The Calendar Year 2006 cost-of-living adjustment, effective January 1, 2006, has been established at 4% for communications services. Increases beyond Calendar Year 2006 will not exceed 6% for the duration of this Agreement. Said projected future year adjustments are included within the not-to-exceed annual payment obligations noted in Section 1-B of this Exhibit; actual adjustments for Calendar Year 2007 and beyond may be less than the 6% maximum shown in Section 1-B, depending on the amount of future COLA’s.

   

C.

Charges for Law Enforcement Services.

1.

Total charges for 2005 are $1,192,704, to be paid as follows:

>

$298,176 due to County on or before March 31, 2005; and

>

$298,176 due to County on or before June 30, 2005; and

>

$298,176 due to County on or before September 30, 2005; and

>

$298,176 due to County on or before December 31, 2005.

   

2.

Total charges for 2006 are $1,258,308 to be paid as follows:

>

$314,577 due to County on or before March 31, 2006; and

>

$314,577 due to County on or before June 30, 2006; and

>

$314,577 due to County on or before September 30, 2006; and

>

$314,577 due to County on or before December 31, 2006.

   

3.

Total charges for 2007 will not exceed $1,333,812, to be paid as follows:

>

$333,453 due to County on or before March 31, 2007; and

>

$333,453 due to County on or before June 30, 2007; and

>

$333,453 due to County on or before September 30, 2007; and

>

$333,453 due to County on or before December 31, 2007.

   

4.

Total charges for 2008 will not exceed $706,922, to be paid as follows:

>

$353,461 due to County on or before March 31, 2008; and

>

$353,461 due to County on or before June 30, 2008.

 

D.

Charges for Public Safety Communication Services.

1.

Total charges for 2005 are $72,412, to be paid as follows:

>

$18,103 due to County on or before March 31, 2005; and

>

$18,103 due to County on or before June 30, 2005; and

>

$18,103 due to County on or before September 30, 2005; and

>

$18,103 due to County on or before December 31, 2005.

   

2.

Total charges for 2006 are $75,316 to be paid as follows:

>

$18,829 due to County on or before March 31, 2006; and

>

$18,829 due to County on or before June 30, 2006; and

>

$18,829 due to County on or before September 30, 2006; and

>

$18,829 due to County on or before December 31, 2006.

   

3.

Total charges for 2007 are $79,832, to be paid as follows:

>

$19,958 due to County on or before March 31, 2007; and

>

$19,958 due to County on or before June 30, 2007; and

>

$19,958 due to County on or before September 30, 2007; and

>

$19,958 due to County on or before December 31, 2007.

   

4.

Total charges for 2008 are $42,312, to be paid as follows:

>

$21,156 due to County on or before March 31, 2008; and

>

$21,156 due to County on or before June 30, 2008.

 

E.

Pagers.

Current cost of alpha-numeric pagers designated by the County on an annual basis and billed to SamTrans on a per device, per month basis.

SamTrans may rent as many pagers as SamTrans deems necessary to ensure efficient notification/calls for service, and will be separately invoiced by County for pagers on a quarterly basis.

SamTrans shall pay County the amount invoiced. SamTrans agrees to pay for any cost increases related to pager rental/maintenance as may from time to time occur, provided that in no event will SamTrans pay an amount in excess of the cost that is mutually agreed upon by County and SamTrans.

Cost is not included within the total compensation for services under Exhibits A and B.

It is agreed by the parties that future cost increases in pager rental/maintenance above the agreed upon cost or an increase in the monthly number of total pagers rented, shall be considered to modify the maximum payment limits set forth in Paragraph 3 of this Agreement, by the specific amount of said increase in pager costs.

Pagers that are lost, stolen or damaged beyond repair may be replaced at SamTrans or Sheriff expense, depending on the circumstances, at actual cost, not to exceed the established market rate.

   

F.

Radio Purchase and Operating Costs.

SamTrans may periodically request that County acquire new or replacement radios for the new countywide radio system, on SamTrans’ behalf. This may include mobile, portable, or base station radios, and related ancillary equipment such as batteries, lapel microphones, and charger units.

Monthly operating costs for radio equipment used by County personnel under this Agreement are already included within the established contractual reimbursement set forth in Section 4 of this Exhibit C to this Agreement, above. The monthly operating cost for radio equipment used by non-County SamTrans security personnel such as AMTRAK officers and supervisors, shall be billed separately to SamTrans by County’s Information Services Department on a monthly basis, at the current prevailing rate for said service as established by County (currently $42 per month per radio), which amount shall be additive to any other cost for services under this Agreement.

Since said charges represent a pass-through expense initially incurred by the County for the sole benefit of SamTrans, and are billed retrospectively, it shall be the responsibility of SamTrans to notify the County Information Services and the Sheriff’s Office when changes or reductions may be required in the number of radios utilized by non-Sheriff’s Office personnel. It is agreed by the parties that such notification shall be prospective only and shall not affect the quarterly billing amount for the current quarter when said notification occurs.

 

G.

One-Time CAD System Changes.

Should SamTrans, anytime during the life of this Agreement, desire changes or modifications to the County CAD system for the purposes of improved reporting of SamTrans dispatched activities, a written proposal for the one-time cost of requested changes shall be provided within 30 days to SamTrans by County Public Safety Communications Services. Should SamTrans desire to proceed with requested changes after reviewing said proposal, SamTrans shall notify County Public Safety Communications in writing to proceed, and the agreed-upon cost for the changes will be separately billed as a one-time cost to SamTrans, exclusive of any other payment obligations incurred by the parties under any other sections of this Agreement.

1 CAD operates within the borders of San Mateo County only, with the exception of train stops in San Francisco and Santa Clara counties.

2 Calls may or may not be received by portable radios due to limited range radio signals.