20041214_m

COUNTY OF SAN MATEO

Sheriff’s Office

Inter-Departmental Correspondence

DATE:

BOARD MEETING DATE:

December 14, 2004

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Sheriff Don Horsley

SUBJECT:

Agreement With SAMTRANS for Provision of Transit Law Enforcement, Investigation, and Public Safety Dispatch Services

Recommendation

Adopt a Resolution:

A. Authorizing the execution of an Agreement with SAMTRANS, for transit law enforcement and investigation services by the Sheriff’s Office and public safety dispatch services by the Public Safety Communications Division of Employee & Public Services, for a three-and-one-half-year period through June 30, 2008, in a total estimated amount of $4,716,618.

B. Authorizing the Sheriff and the Director of Employee & Public Services to execute Amendments to the Agreement for future possible additional services under this Agreement, provided no increase in Net County General Fund Cost is incurred.

Vision Alignment

Commitment: Ensure Basic Health & Safety for All Citizens

Goal 7: Maintain & enhance the public safety for all residents and visitors.

Goal 8: Help vulnerable sectors of our population achieve a better quality of life.

Commitment: Redesign Our Urban Environment to Increase Vitality, Expand Variety, and Reduce Congestion

Goal 10: Provide public transportation choices that are convenient, affordable, and safe.

This Agreement enhances public safety by providing high quality law enforcement services for SAMTRANS bus and Peninsula Corridor rail passengers and drivers. A large portion of our more vulnerable citizens use public transportation, and it is very important to ensure these citizens and visitors feel safe using County buses and trains.

Performance Measures: The following performance measures are applicable to the recommended Agreement:

Measure

2003-04

Actual

2004-05

Estimated

1. Number of incidents responded to and investigated for SAMTRANS bus service

72

70

2. Number of incidents responded to and investigated for Peninsula Corridor rail service

80

136

3. Number of CAD-documented calls for service

and bus/rail service activities

Records incomplete

(start-up period)

4,740

4. Number of parking and fare enforcement citations issued for Peninsula Corridor rail service

1,557

5,589

Background

On January 29, 2002, your Board authorized the execution of an agreement with SAMTRANS for Sheriff’s law enforcement and investigation services. Nine months later, the agreement was amended to include public safety dispatching and communications services. In December 2003, your Board authorized an amendment which provided additional services, including a Community Service Officer (CSO), parking lot fee enforcement, and fare enforcement.

The Sheriff’s Office and County Public Safety Communications have continued to provide effective and efficient law enforcement, security, crime and accident investigation, parking lot enforcement, fare enforcement, and dispatch and communications services to both SAMTRANS bus and Peninsula Corridor rail services. The Agreement with SAMTRANS expires on December 31, 2004. We were requested by SAMTRANS administration to develop a new Agreement covering a 3.5-year period, which also allows for faster and easier modification to respond to emerging law enforcement needs, such as increasing gang ridership and incidents in some areas of the County, as well as assisting with new or redesigned programs, such as the Peninsula Rail fare enforcement program and the park-and-ride lot parking fee enforcement program.

The recommended Agreement was approved unanimously by the Peninsula Rail Corridor Joint Powers Board at their meeting on December 2^nd, 2004, and approved unanimously by the SAMTRANS Board at their meeting on December 8^th, 2004.

Discussion

The recommended new Agreement covers a three-and-one-half-year period from January 1, 2005 through June 30, 2008. The Agreement provides for continuation of existing law enforcement and dispatch services, and also formalizes the addition of several new or enhanced services. These include:

• K-9 explosives detection services for counter-terrorism security (as advised during 2004 by the federal Department of Homeland Security for all passenger rail services)

• One additional Deputy and one additional CSO to continue expanded patrol, investigation, and fare enforcement & parking support services were previously requested by the agency, and are fully annualized in this new agreement

• One Legal Office Specialist position to provide office management, reports preparation support, and general office support services to the Sheriff’s Transit Police Unit, helping to free a larger portion of the existing Sergeant’s time for field supervision duties.

• With the addition of “Baby Bullet” train service on weekends, the Sheriff’s Transit Police Unit will be shortly be covering a seven-day-a-week work period, and work staggered shifts to cover up to 14 hours per day, as well as being on-call for significant events or incidents during non-work hours (the previous work period was for five-days-per-week.)

A total of nine full-time Sheriff’s Office staff are funded under the new Agreement, as well as approximately 20% of one 7x24 hour Dispatch Console in Public Safety Communications. The recommended Agreement also contains a provision to allow SAMTRANS and Sheriff’s Office management to review, in next fiscal year (2005-06) the addition of a Sheriff’s Lieutenant position to provide management oversight and appropriate participation as requested in SAMTRANS and Peninsula rail security and administrative meetings and activities. This proposed addition of a second supervisory position also provides relief for the one existing Sergeant who cannot cover seven days per week on a consistent basis. The need for an additional Deputy position to help ensure adequate seven-day weekly coverage for both bus and rail services will also be reviewed at that time next year.

In order to effectuate timely public safety changes and respond appropriately to emerging and urgent security issues, the Agreement and accompanying Resolution allow the Sheriff to execute Amendments related to changing/increasing law enforcement services, and the Director of Employee and Public Services to execute Amendments for service changes related to public safety communications, provided that the cost of any and all such Amendments are fully reimbursed by SAMTRANS as a condition of the Amendment. In all such instances, County Counsel will review all documents as to legal form and the Board will be kept apprised of any such changes. The primary purpose of delegating the Amendment executory authority is to allow County departments to respond quickly to new service requests and emerging law enforcement situations and security concerns.

County Counsel has reviewed and approved the recommended Agreement and Resolution as to legal form. All appropriate parties to this Agreement have either directly participated in contract development, or have received copies of this transmittal.

Fiscal Impact

The Agreement provides for approximately $4,491,746 in reimbursements across 3.5 years for the Sheriff’s Office, and $269,872 in reimbursements for Public Safety Communications (PSC). In Exhibit C of the Agreement, an annual cost-of-living adjustment (COLA) is specifically established for FY 2005-06 (5.5% for Sheriff’s personnel and 4% for PSC personnel. Thereafter, the annual reimbursements to both County departments are increased by a COLA based on County salary negotiations, not to exceed six percent (6%) per annum. (Should actual annual COLA’s exceed six percent in any particular year, there is sufficient flexibility now in a budget of this size, to discuss and mutually agree with SAMTRANS to make offsetting adjustments to other contractual expenses and keep the County “whole” as to full reimbursement.) There are also minor additional “pass-through” County Information Services Department expenses charged to SAMTRANS for radios issued to non-County personnel and pager services (these are separately billed through ISD), as well as PSC charges for any requested changes to the County computer-aided-dispatch (CAD) system.

Overall, the recommended Agreement provides sufficient contractual flexibility to ensure there is no net County cost for the duration of the contractual period. The 2004-05 reimbursement of $1,192,704 for law enforcement and $72,412 for public safety communications are included within the Sheriff’s Office and PSC budgets, respectively.


COUNTY OF SAN MATEO *Sheriff’s Office* Inter-Departmental Correspondence

DATE:
BOARD MEETING DATE:			December 14, 2004
SPECIAL NOTICE/HEARING:			None
VOTE REQUIRED:			Majority

TO:	Honorable Board of Supervisors
FROM:	Sheriff Don Horsley
SUBJECT:	Agreement With SAMTRANS for Provision of Transit Law Enforcement, Investigation, and Public Safety Dispatch Services

Recommendation
Adopt a Resolution: A. Authorizing the execution of an Agreement with SAMTRANS, for transit law enforcement and investigation services by the Sheriff’s Office and public safety dispatch services by the Public Safety Communications Division of Employee & Public Services, for a three-and-one-half-year period through June 30, 2008, in a total estimated amount of $4,716,618. B. Authorizing the Sheriff and the Director of Employee & Public Services to execute Amendments to the Agreement for future possible additional services under this Agreement, provided no increase in Net County General Fund Cost is incurred.

Vision Alignment
Commitment: Ensure Basic Health & Safety for All Citizens Goal 7: Maintain & enhance the public safety for all residents and visitors. Goal 8: Help vulnerable sectors of our population achieve a better quality of life. Commitment: Redesign Our Urban Environment to Increase Vitality, Expand Variety, and Reduce Congestion Goal 10: Provide public transportation choices that are convenient, affordable, and safe. This Agreement enhances public safety by providing high quality law enforcement services for SAMTRANS bus and Peninsula Corridor rail passengers and drivers. A large portion of our more vulnerable citizens use public transportation, and it is very important to ensure these citizens and visitors feel safe using County buses and trains.

Performance Measures: The following performance measures are applicable to the recommended Agreement:

Measure		2003-04 Actual		2004-05 Estimated
1. Number of incidents responded to and investigated for SAMTRANS bus service		72		70
2. Number of incidents responded to and investigated for Peninsula Corridor rail service		80		*136*
3. Number of CAD-documented calls for service and bus/rail service activities		*Records incomplete* *(start-up period)*		*4,740*
4. Number of parking and fare enforcement citations issued for Peninsula Corridor rail service		*1,557*		*5,589*

Background
On January 29, 2002, your Board authorized the execution of an agreement with SAMTRANS for Sheriff’s law enforcement and investigation services. Nine months later, the agreement was amended to include public safety dispatching and communications services. In December 2003, your Board authorized an amendment which provided additional services, including a Community Service Officer (CSO), parking lot fee enforcement, and fare enforcement. The Sheriff’s Office and County Public Safety Communications have continued to provide effective and efficient law enforcement, security, crime and accident investigation, parking lot enforcement, fare enforcement, and dispatch and communications services to both SAMTRANS bus and Peninsula Corridor rail services. The Agreement with SAMTRANS expires on December 31, 2004. We were requested by SAMTRANS administration to develop a new Agreement covering a 3.5-year period, which also allows for faster and easier modification to respond to emerging law enforcement needs, such as increasing gang ridership and incidents in some areas of the County, as well as assisting with new or redesigned programs, such as the Peninsula Rail fare enforcement program and the park-and-ride lot parking fee enforcement program. The recommended Agreement was approved unanimously by the Peninsula Rail Corridor Joint Powers Board at their meeting on December 2^nd, 2004, and approved unanimously by the SAMTRANS Board at their meeting on December 8^th, 2004.

Discussion
The recommended new Agreement covers a three-and-one-half-year period from January 1, 2005 through June 30, 2008. The Agreement provides for continuation of existing law enforcement and dispatch services, and also formalizes the addition of several new or enhanced services. These include: • K-9 explosives detection services for counter-terrorism security (as advised during 2004 by the federal Department of Homeland Security for all passenger rail services) • One additional Deputy and one additional CSO to continue expanded patrol, investigation, and fare enforcement & parking support services were previously requested by the agency, and are fully annualized in this new agreement • One Legal Office Specialist position to provide office management, reports preparation support, and general office support services to the Sheriff’s Transit Police Unit, helping to free a larger portion of the existing Sergeant’s time for field supervision duties. • With the addition of “Baby Bullet” train service on weekends, the Sheriff’s Transit Police Unit will be shortly be covering a seven-day-a-week work period, and work staggered shifts to cover up to 14 hours per day, as well as being on-call for significant events or incidents during non-work hours (the previous work period was for five-days-per-week.) A total of nine full-time Sheriff’s Office staff are funded under the new Agreement, as well as approximately 20% of one 7x24 hour Dispatch Console in Public Safety Communications. The recommended Agreement also contains a provision to allow SAMTRANS and Sheriff’s Office management to review, in next fiscal year (2005-06) the addition of a Sheriff’s Lieutenant position to provide management oversight and appropriate participation as requested in SAMTRANS and Peninsula rail security and administrative meetings and activities. This proposed addition of a second supervisory position also provides relief for the one existing Sergeant who cannot cover seven days per week on a consistent basis. The need for an additional Deputy position to help ensure adequate seven-day weekly coverage for both bus and rail services will also be reviewed at that time next year. In order to effectuate timely public safety changes and respond appropriately to emerging and urgent security issues, the Agreement and accompanying Resolution allow the Sheriff to execute Amendments related to changing/increasing law enforcement services, and the Director of Employee and Public Services to execute Amendments for service changes related to public safety communications, provided that the cost of any and all such Amendments are fully reimbursed by SAMTRANS as a condition of the Amendment. In all such instances, County Counsel will review all documents as to legal form and the Board will be kept apprised of any such changes. The primary purpose of delegating the Amendment executory authority is to allow County departments to respond quickly to new service requests and emerging law enforcement situations and security concerns. County Counsel has reviewed and approved the recommended Agreement and Resolution as to legal form. All appropriate parties to this Agreement have either directly participated in contract development, or have received copies of this transmittal.

Fiscal Impact
The Agreement provides for approximately $4,491,746 in reimbursements across 3.5 years for the Sheriff’s Office, and $269,872 in reimbursements for Public Safety Communications (PSC). In Exhibit C of the Agreement, an annual cost-of-living adjustment (COLA) is specifically established for FY 2005-06 (5.5% for Sheriff’s personnel and 4% for PSC personnel. Thereafter, the annual reimbursements to both County departments are increased by a COLA based on County salary negotiations, not to exceed six percent (6%) per annum. (Should actual annual COLA’s exceed six percent in any particular year, there is sufficient flexibility now in a budget of this size, to discuss and mutually agree with SAMTRANS to make offsetting adjustments to other contractual expenses and keep the County “whole” as to full reimbursement.) There are also minor additional “pass-through” County Information Services Department expenses charged to SAMTRANS for radios issued to non-County personnel and pager services (these are separately billed through ISD), as well as PSC charges for any requested changes to the County computer-aided-dispatch (CAD) system. Overall, the recommended Agreement provides sufficient contractual flexibility to ensure there is no net County cost for the duration of the contractual period. The 2004-05 reimbursement of $1,192,704 for law enforcement and $72,412 for public safety communications are included within the Sheriff’s Office and PSC budgets, respectively.