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HomeMy Public PortalAbout2023-02-28 Item 6CITY OF MILLBRAE 621 MAGNOLIA AVE MILLBRAE, CA 94030 SUBJECT: Resolution authorizing the City Manager or designee to execute an amendment with the County of San Mateo to provide Law Enforcement Services for FY 2022-2023 through FY 2026-2027 and in an amount not to exceed $8,064,820 for the period of July 1, 2022 through June 30, 2023 ATTACHMENTS: 1. Resolution 2. Amendment Fourteen 3. San Mateo County Sheriff's Office Salary Memo for Fiscal Year 2021/22 4. San Mateo County Sheriff's Office Note for Year End Actuals CITY COUNCIL AGENDA REPORT Report No. Agenda Item: For Agenda of: February 28, 2023 Department: Finance Originator: Mike Sung, Finance Director Budget Action: ® Yes ❑ No Finance Review: MS REPORT TYPE: @ ACTION ❑ INFORMATIONAL ITEM TYPE: ® CONSENT ❑ PUBLIC HEARING ❑ EXISTING BUSINESS ❑ NEW BUSINESS RECOMMENDATION: Staff recommends that the City Council adopt a resolution authorizing the City Manager or designee to execute an amendment to the agreement with the County of San Mateo to provide Law Enforcement Services for Fiscal Year 2022-2023 through Fiscal Year 2026-2027 and in an amount not to exceed $8,064,820, for the period of July 1, 2022 through June 30, 2023. BACKGROUND: Since 2012, the City has contracted with the County of San Mateo to provide Law Enforcement Services through the Sheriff's Office (SMCSO). In Fiscal Year 2021/22, the contractual cost for Police Services was $6,594,172. The City received approximately $1,189,353 in CalPERS Unfunded Actuarial Accrued Liability (UAAL) Credit, reducing the cost to $5,404,819. The City also had an option and exercised that option to increase the contract by an additional $150,000 for supplemental downtown foot patrol services. The County of San Mateo and the City true -up the actual costs at the end of the fiscal year. In Fiscal Year 2021/22, the total actual personnel cost was $6,013,913 including $56,104 actual overtime spent on supplemental downtown foot patrols as approved by City Council. The total personnel overage costs were $329,967. The overage costs mainly reflect increased overtime (personnel costs) with the following as primary reasons: • Additional Downtown patrol services, which account for $56,104 Page 1 of 2 Agreement Amendment with County of San Mateo for Law Enforcement Services Page 2 of 2 • SMCSO support at community events: o Art and Wine Festival o Chinese New Year Parade o Cherry Blossom Parade o And other school and community events • Unforeseen emergency incidents and special investigations related to the floodings, vehicular manslaughter cases, other accidental deaths, and massage parlor sting operations • Employee backfill replacement due to employee leaves for COVID, vacation, other illness or family reasons Operating costs in Fiscal Year 2021/22 reflects a savings of $24,019, partially offsetting the overage in personnel costs. The total overage was $305,948. After learning of the overage, staff requested the SMCSO to review and submit an itemized listing of the costs. In January, SMCSO completed their review and found an additional refund of $18,972 that is owed and credited to the Millbrae Trust Fund. For Fiscal Year 2022/23, the City had requested adding two additional deputy sheriffs to the contract, increasing the total Full Time Employee (FTE) to 20.95. The new cost of the contract is $8,064,820. The City will receive approximately $1,274,174 in Ca1PERS UAAL Credit, reducing the cost to $6,790,646. Staff has been informed by the Sheriff's office that it will take some time to fill the additional two sheriffs deputies. In the meantime, the Sheriff's office has recommended filling in need for two additional deputies with additional overtime coverage from their staff. As the County charges for the actual cost of the service, the City and County will true -up the costs at the end of the Fiscal Year. FISCAL IMPACT: The costs for the SMCSO contract amendment has already been included in the approved FY22/23 Operating Budget. COUNCIL ACTION: Adopt a resolution authorizing the City Manager or designee to execute an amendment to the agreement with the County of San Mateo to provide Law Enforcement Services for Fiscal Year 2022-2023 through Fiscal Year 2026-2027 and in an amount not to exceed $8,064,820, for the period of July 1, 2022 through June 30, 2023. CITY OF MILLBRAE, COUNTY OF SAN MATEO STATE OF CALIFORNIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILLBRAE APPROVING THE FOURTEENTH AMENDMENT TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH THE COUNTY OF SAN MATEO WHEREAS, the City of Millbrae contracts for Law Enforcement Services with the County of San Mateo Sheriff's Office through an Agreement ("Agreement") dated February 28, 2012; and, WHEREAS, the City and County have amended the Agreement thirteen times, reflecting the standard incremental annual increase to rates and any applicable personnel charges as well as the addition of two full-time deputy sheriff; and WHEREAS, the San Mateo County Sheriff's Office has continued to provide a high level of service to the City and, WHEREAS, staff believes it is in the best interest of the City to continue to contract for law enforcement services with the County of San Mateo Sheriffs Office and recommends that the City Council approve the Fourteenth Amendment to the Agreement, incorporating the FY 2022-23 Rates and Payments for the FY 2022-23 fiscal year. NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF MILLBRAE approves the Fourteenth Amendment to the Law Enforcement Services Agreement with the County of San Mateo and authorizes the City Manager to execute the Fourteen Amendment. REGULARLY PASSED AND ADOPTED this 28th day of February, 2023. Mayor ATTEST: City Clerk AMENDMENT FOURTEEN TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE COUNTY OF SAN MATEO AND THE CITY OF MILLBRAE This FOURTEENTH AMENDMENT to the Agreement for Law Enforcement Services, dated for reference purposes only as of July 1, 2022 is made between the County of San Mateo, hereinafter referred to as "County" and the City of Millbrae, hereinafter referred to as "City." WITNESSETH WHEREAS, on February 28, 2012, County and City entered into an Agreement (County Resolution No. 071853) for the performance of the agreed upon law enforcement services within the City's boundaries by the County through the Sheriff; and WHEREAS, on September 26, 2012 Amendment One to the Law Enforcement Services agreement was approved which added language regarding fuel costs; revised the date to provide City with proposed rates for the following contract year; and updated Exhibits B and B-1 with the rates for FY 2012-13; and WHEREAS, in October 2013, Amendment Two was approved which revised Exhibit B - Payments/Rates and Exhibit B-1 - Calculated Rates (retroactive April 2013); and WHEREAS, in February 2014, Amendment Three was approved which removed the Office Assistant II position and revised the payments (Exhibit B) and calculated rates (Exhibit B-1) (retroactive October2013); and WHEREAS, in June 2014, Amendment Four was approved which revised Exhibit B - B-1 - Calculated Rates for FY 2014-15; and WHEREAS, in August 2015, Amendment Five was approved which revised Exhibit B B-1 - Calculated Rates for FY 2015-16; and WHEREAS, in March 2016, Amendment Six was approved which revised the assigned personnel by removing one Lieutenant position, adding a Captain position, and incorporating the revised FY 2015-16 Rates and Payments set forth in Exhibits B and B-1; and WHEREAS, in May 2016, Amendment Seven was approved which added a motorcycle deputy position as well as incorporated the FY 2016-17 Rates and Payments set forth in Exhibits B and B-1; and WHEREAS, in December 2016, Amendment Eight was approved which extended the term of the contract five (5) years to March 3, 2022; and WHEREAS, in May 2017, Amendment Nine was approved which incorporated the FY 2017-18 Rates and Payments set forth in Exhibits B and 8-1; and WHEREAS, in May 2018, Amendment Ten was approved which incorporated the FY 2018-19 Rates and Payments set forth in Exhibits B and B-1; and WHEREAS, in April 2019, Amendment Eleven was approved which incorporated the FY 2019-20 Rates and Payments set forth in Exhibits B and B-1; and Payments/Rates and Exhibit - Payment/Rates and Exhibit WHEREAS, in May 2020, Amendment Twelve was approved which incorporated the FY 2020-21 Rates and Payments set forth in Exhibits B and B-1. AMEND LENT 1' I AGREEMENT FOR LAW ENFORCEMENT SERVICES San Mateo County Sheriff's D hce 1 City of Millbrae WHEREAS, in October 2021, Amendment Thirteen was approved which incorporated FY 2021-22 Selection of Personnel set forth in Exhibit A-1 and the FY 2021-22 Rates and Payments set forth in Exhibits B and B-1. WHEREAS, both parties wish to further amend the contract to extend the term of the contract five (5) years to June 30, 2027 and incorporate the FY 2022-23 Rates and Payments set forth in Exhibits B and B-1. NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. Section 4 (Term) of the agreement is hereby deleted and replaced with the following: 4. TERM. 4.1 This Agreement shall be in full force and effect from 0001 HOURS MARCH 4, 2012 to JUNE 30, 2027. If approval of this Agreement is delayed past the commencement date due to extenuating circumstances, this Agreement shall take effect on the date services by Sheriffs Office commence within the territorial limits of the City. 4.2 This Agreement includes the option for City and County to renew for one (1) additional five-year period to June 30, 2032, respectively, by mutual agreement. In order to exercise an option to renew, each party shall notify the other no later than June 30 of the year prior to the expiration of the subject term of their desire for Sheriffs Office to continue to provide law enforcement services within the territorial limits of City. Any such renewals shall be governed by this Agreement and amendments hereto. 2. "Exhibit B — FY 2021-22 Rates/Payments", to the Agreement is hereby deleted in its entirety and replaced with "Exhibit B - FY 2022-23 Rates/Payments", attached hereto and incorporated herein by reference. 3. "Exhibit B-1 — FY 2021-22 Calculated Rates", to the Agreement is hereby deleted in its entirety and replaced with "Exhibit B-1 - FY 2022-23 Calculated Rates", attached hereto and incorporated herein by reference. 4. This Amendment Fourteen is hereby incorporated and made a part of the original Agreement and subject to all provisions therein. All other terms of the original Agreement and prior amendment not in conflict with Amendment Fourteen remain in effect and are incorporated by reference. 2 AMENDMENT Y4 i AGREEMENT FOR LAW ENFORCEMENT SERVICES San Mateo County Sheriff s Office 1 City of Millbrae 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: SHERIFF CHRISTINA CORPUS DATE: CITY OF MILLBRAE BY: CITY MANAGER THOMAS C. WILLIAMS DATE: ATTEST: BY: CITY CLERK APPROVED AS TO FORM BY: CITY ATTORNEY AMENDMENT 13 ( AGREEMENT FOR LAW ENFORCEMENT SERVICES San Mateo County Sheriffs Office 1 City of Millbrae EXHIBIT B FY 2022-23 RATES / PAYMENTS Agreement for Law Enforcement Services between the County of San Mateo and City of Millbrae In consideration of the services described in Exhibit A and Exhibit A-1, City shall pay as follows: 1. CHARGES FOR SERVICES. 1.1 City shall pay County for Services described in this Agreement as calculated by the formulas set forth in Exhibit B-1. 1.2 Exhibit B and Exhibit B-1 will be amended annually as set forth in Section 3 of this Agreement. 2. INVOICING / BILLING. 2.1 On a quarterly basis in accordance with Section 3 below, Sheriffs Office shall submit to City an invoice at the end of the third month of each quarter. 2.2 Payments and questions regarding invoicing shall be directed to the Sheriff's Office Financial Services Manager at (650) 599-1778 or be mailed to: San Mateo County Sheriffs Office 400 County Center, 3rd Floor Redwood City, CA 94063 3. PAYMENTS. 3.1 Total charges due for the period of July 1, 2022 through June 30, 2023 is $8,064,820 for law enforcement services, with an option to increase by an additional $150,000 for supplemental downtown patrol services. Invoices will be issued according to the following schedule: Invoice Issued Amount July 1, 2022 $2,016,205.00 October 1, 2022 $2,016,205.00 January 1, 2023 $2,016,205.00 April 1, 2023 $2,016,205.00 3.1.1 Up to $150,000 of optional supplemental downtown patrol services has been authorized and will be invoiced separately as the City requests these services and based on the availability of deputies to fill the request. 3.1.2 UAAL credits are not reflected in above amounts and will be issued in accordance to Section 3.5 of the Agreement. 3.2 City shall invoice County for fuel credits on a quarterly basis. The approved fuel invoice amount will be credited to City on the contract law enforcement services invoice that immediately follows County's receipt of fuel invoice. AMENDMENT 14 1 AGREEMENT FOR LAW ENFORCEMENT' SERVICES San Mateo County Sheriffs Office 1 City of. Mdlhrae 3.3 Future Fiscal Year payments will be in accordance with the revised Exhibit B-1 effective July 1 of each year. City's payment of each quarterly invoice from the County will be due 30 days after City's receipt of the subject quarterly invoice for the remainder of the duration of the Agreement. 4. BOOKING / MESSAGE SWITCH/FORENSIC LABORATORY FEES. 4.1 City shall not be responsible for paying Jail Access Fees, Booking Fees, Message Switch Fees or Forensic Laboratory Fees to the County. 5. OTHER PAYMENTS. 5.1 City will continue to be responsible for payments to/for the following services to the extent that the City opts to utilize the service: • Community Overcoming Relationship Abuse (aka CORA) • First Chance • Peninsula Humane Society • Dispatch Services provider 6. JOINT POWERS AGREEMENTS. 6.1 City shall continue to be responsible for fees set forth in the Joint Powers Agreements pertaining to the Narcotics Task Force (NTF) and Office of Emergency Services (OES). AMENDMENT 14 AGREEMENT FOR LAW ENFORCEMENT SERV{CE5 San Mate° County Sheriff's Office I City of :Nidlbrae EXHIBIT B-1 FY 2022-23 CALCULATED RATES Agreement for Law Enforcement Services between the County of San Mateo and City of Millbrae 1. CALCULATED RATES FOR FY 2022-23. San Mateo County Sheriffs Office Millbrae Law Enforcement Services FY 2022-23 Budget Position Employee Employee Employee Count Salaries Overtime Benefits Total Expenses FY 2022-23 BASIC LAW ENFORCEMENT SERVICES: PERSONNEL COSTS: Deputy Sheriff - Day 5.00 5 754,438 5 220,891 5 840,827 5 1,816,155 Deputy Sheriff - Night 5.00 5 793,986 5 232,470 5 879,236 $ 1,905,691 Deputy sheriff - tvlotorcycle 1.00 5 158,797 $ - 5 157,250 $ 316,047 Investigative Deputy Sheriff -Detective 1.00 $ 158,768 $ - $ 157,225 5 315.,993 Sergeant - Day 2.00 S 374,098 $ 119,244 5 410,457 $ 903,799 Sergeant - Night 2.00 5 393,186 $ 125,328 5 429,193 5 947,707 Captain 0.95 $ 239,050 $ - 5 224,712 $ 463,762 Community Services Officer - Extra Help 2.00 5 152,468 $ 5 14,986 $ 167,454 Legal Office Specialist 1.00 5 84,957 $ 5 56,300 5 141,257 Records Technician 1_00 5 74,012 $ $ 51,833 $ 125,844 PERSONNEL COSTS - TOTAL: 20.95 $ 3,183,759 $ 697,932 $ 3,222,019 5 7,103,710 OPERATING COSTS: Uniform Allowances Office SuppRes & Miscellaneous Expenses Equipment Maintenance Training Expenses Radio and Communications Charges Information Services Charges 'Vehicle Maintenance & Replacement Costs HR and Risk Management Service Charges Support Services 5 5 $ 5 5 $ S 18,080 18,000 97,761 19,047 52,410 76,193 235,342 97,394 346,883 OPERATING COSTS - TOTAL: 5 961,109 TOTAL COST OF BASIC LAW ENFORCEMENT SERVICES: CalPERS UAAL Cred:t (Actual credit subject to limitations outlined in the contract) TOTAL ADJUSTED COST OF BASIC LAW ENFORCEMENT SERVICES: 8,064,820 $ (1,274,174) 6,790,646 OPTIONAL LAW ENFORCEMENT SERVICES: Downtown Patrol Supplemental Overtime $ 150,000 TOTAL ADJUSTED COST OF BASIC LAW ENFORCEMENT SERVICES WITH OPTIONS: $ 6,940,646 AmENOMENT'14 I AGREEMENT FOR LAW ENFORCEMENT SERVICES Stan Mateo County Sheriffs Office I City c` Mi bra: 2. OVERTIME RATES. 2.1 The average overtime hourly rates for supplemental services described in Exhibit A (Section 1.1). are as follows: FY 2022-23 Estimated Supplemental Overtime for Special Events Position Overtime Rate Admin Sergeant (Day) $189.03 Sergeant (84 Plan Day) $188.85 Sergeant (84 Plan Night) $198.48 Detective Sergeant (Day) $198.21 Detective Sergeant (Day) *TRANSIT* $211.40 Deputy Sheriff (84 Plan Day) *TRANSIT* $160.32 Deputy Sheriff (84 Plan Day) $152.34 Deputy Sheriff (84 Plan Night) $160.32 K-9 Deputy Sheriff (84 Plan Day) $160.32 K-9 Deputy Sheriff (84 Plan Night) $168.31 Motorcycle Deputy $160.32 Detective Deputy Sheriff $160.29 Community Services Officer 11 $61.75 Community Services Officer 11 (Extra -Help) $59.95 Legal Office Specialist (Day) $66.81 Sheriff Criminal Records Supervisor $80.54 Criminal Records Tech 11 (Day) $58.20 Property Officer 11 $74.30 AMENDMENT 14 1 AGREEMENT FOR LAW ENFORCEMENT SERVICES San Mateo County Sheriff,: Office 1 City of iV ii ixae