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COUNTY OF SAN MATEO

Inter-Departmental Correspondence

SHERIFF’S OFFICE

DATE:

May 28, 2008

BOARD MEETING DATE:

June 3, 2008

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Sheriff Greg Munks

SUBJECT:

Amendment No.2 to Existing Agreement With SamTrans for Provision of Transit Law Enforcement, Investigation, and Public Safety Dispatch Services

RECOMMENDATION: Adopt a Resolution:

a)

Authorizing the Sheriff and the County Manager, or Manager’s designee, to execute Amendment No.2 to the existing Agreement with SamTrans for transit law enforcement and investigation services by the Sheriff’s Office and public safety dispatch services, expanding the scope of services through the addition of three Sheriff’s deputies commencing April 1, 2008, and extending the term for an additional three-year period through June 30, 2011, with a total additive payment amount to the County of $10,733,640; and

b)

Authorizing the Sheriff and the County Manager, or Manager’s designee, to execute further Amendments to the Agreement for possible future additional services under this Agreement, provided no increase in Net County General Fund Cost is incurred and there is no adverse impact to County law enforcement or public safety communications.

VISION ALIGNMENT:

Commitments: a) Ensure basic health and safety for all; b) Redesign our urban environment to increase vitality, expand variety and reduce congestion; c) Responsive, effective, and collaborative government.

Goals: # 7: Maintain and enhance the public safety of all residents and visitors; #10: Public transportation choices are convenient, affordable, accessible and safe; and #22: County and local governments effectively communicate, collaborate, and develop strategic approaches to issues affecting the entire County.

The Transit Police Bureau (TSB) contributes to the goals of the Shared Vision 2010 commitment to “Ensure Basic Health and Safety For All and Public Transportation Choices are Safe” by providing contracted law enforcement and investigative services on behalf of the Peninsula Corridor Joint Powers Board (CalTrain) and the San Mateo County Transit District (Sam Trans). TSB’s mission is to ensure the safety of rail passengers and train operators within Santa Clara, San Mateo, and San Francisco counties.; and to ensure the safety of bus passengers and drivers within San Mateo County. This strategic regional approach to transit policing demonstrates “Effective Collaboration to Develop Strategic Approaches to Issues Affecting the Entire County.”

Performance Measures:

Transit Police Operations

FY 06-07

Actual

FY 07-08

Estimate

FY 08-09

Target

FY 09-10

Target

-Number of dispatched calls for service:

-Number of citations issued:

-Number of Right-of-Way trespassing: interventions annually (CalTrain):

- Avg 3-County response time for priority calls :

- Number of Transit related arrests:

- Number of Assaults:

Cal Train:

Sam Trans buses:

Total Assaults:

6,251

6,480

187

19:50

124

21

12

33

7,735

7,101

187

18:50

111

14

10

24

7,500

7,000

143

18:50

133

10

8

18

7,500

7,000

143

18:50

133

10

8

18

BACKGROUND:

The County has provided law enforcement services and public safety communications to SAMTRANS and the Peninsula Joint Rail System, under contract, since 2002. The present Agreement (Resolution 67118) was approved in December, 2004. The Board subsequently approved Amendment No. 1 to that Agreement in January, 2006 (Resolution 67804), for the provision of Canine explosives detection services as well as the addition of one Sheriff’s Lieutenant.

The Sheriff’s Office and the County Manager’s Office of 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 Joint Powers Board (Cal Train) rail services. The present Agreement with SamTrans expires on June 30, 2008.

In early 2008, we were requested by SamTrans administration to develop a proposal to increase the number of Transit Police deputies by three, in support of Cal Train rail services, beginning April 1, 2008, and to extend the term of the full agreement through June 30, 2011. The District advised the County of its intent to replace Amtrak police officers who are also currently providing law enforcement services for rail operations, with Sheriff’s deputies, effective April 1^st, 2008. This single, consolidated contract for all police services between the County and SamTrans will allow for faster and easier modification to respond to emerging law enforcement needs, as well as assisting with the Cal Train fare enforcement program and the park-and-ride lot parking fee enforcement program. These changes will allow unity of command for police services, create a seamless coordination and cohesive incident response program, and eliminate duplication of recordkeeping, supervision and management.

Following a brief period of mutual negotiations, the District prepared a concept plan which was approved unanimously by the Peninsula Corridor Joint Powers Board at their meeting on March 6th, 2008, and approved unanimously by the SamTrans Board at their meeting on March 12^th, 2008. The District subsequently prepared the enclosed Amendment No. 2, which we are now bringing to your Board for approval.

DISCUSSION:

The recommended Amendment No. 2 increases the scope of services beginning April 1, 2008, through the addition of three Sheriff’s deputies, and extends the term of the full Agreement by three additional years, from July 1, 2008 through June 30, 2011. The Agreement provides for continuation of existing law enforcement and dispatch services, and adds the three deputies to provide systemwide law enforcement services based out of new substations located at certain existing train stations along the Peninsula Corridor rail operations. A total of fourteen full-time Sheriff’s Office staff are funded under the Agreement, and the current level of service will be maintained by the Dispatch Console in Public Safety Communications. All costs for both County agencies have been updated in the Amendment to reflect current and projected future salary and benefit rates.

In order to effectuate timely public safety changes and respond appropriately to emerging and urgent security issues, the Amendment and accompanying Resolution allow the Sheriff and the County Manager, or his designee, to execute Amendments related to changing/increasing law enforcement services and/or 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, and that there are no adverse impacts to existing County services in either of these two service areas. 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 in our countywide public transit systems. In the event new services are requested that require new staff, we will ensure that the positions are fully funded by contract revenues, and the budget and salary ordinance amendments required would come back through your Board.

County Counsel has reviewed and approved the recommended Agreement and Resolution as to legal form. Public Safety Communications also participated in the development of dispatch service levels and costs for the Amendment.

FISCAL IMPACT:

There are essentially two fiscal parts of this Amendment: the first, smaller component adds three additional deputies for the last quarter of the existing term of the present Agreement – April 1 through June 30, 2008 – with an additive payment to the County of $203,990 including a provision for overtime for special events (Giants & 49er games) where special trains are added. This additive amount is in addition to the existing payments for existing services and personnel already funded in the Agreement, for that quarter. The total law enforcement payment for this Spring, 2008 quarter, including both new and existing services, is $722,535.

The second component is the total cost for all personnel and services (including the three new deputy positions), both Sheriff and Public Safety Communications, for the additional three year period commencing July 1, 2008 and extending through June 30, 2011. This additive amount under the Amendment is $10,529,650. For FY 2008-09, this breaks down to $3,215,916 for Sheriff’s Office law enforcement services, and $101,054 for public safety communications services. An escalator clause of 6% and 4%, respectively, is included for both of these services for the remaining two fiscal years . Total payments by the District to the County for the three-year extension period will be $10,214,200 for Sheriff’s Office services, and $315,450 for Public Safety Communications.

The contract service includes all costs for the provision of Transit Police services to the Peninsula Joint Powers Rail Board and the SamTrans public transit service. This includes fully loaded personnel costs, dispatch costs, vehicle usage and amortized replacement costs, radios, safety equipment, management and support services, appropriate County Service Charges, and operating supplies. A total of fourteen positions are funded under the Amendment, including a Sheriff’s Lieutenant, a Detective Sergeant, one Legal office Specialist, one Detective, nine Deputies, and one Code Enforcement Officer (Community Service Officer), as well as five canines specially trained for both explosives detection, and to travel safely with passengers in a congested situation.

There is no increase in net County General Fund cost as a result of approving this Amendment.