CC Resolution 12547RESOLUTION NO. 12547
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING REGARDING SERVICES PROVIDED BY
THE SANTA CLARA COUNTY CRIME LAB RELATED TO THE INVESTIGATION
AND PROSECUTION OF CRIMINAL CASES, AUTHORIZE THE CITY MANAGER TO
EXECUTE FUTURE AMENDMENTS AND/OR AGREEMENTS, AND TO AUTHORIZE
STAFF TO INCORPORATE THE PROGRAM'S ANNUAL EXPENSES INTO THE
APPROPRIATE FISCAL YEAR'S BUDGET
WHEREAS, in' October 2019, the Campbell Police Department received a
proposed Memorandum of Understanding from the Santa Clara County Crime Lab that
formalizes the existing practice pertaining to the costs associated with major case work
the Crime Lab performs on behalf of the Campbell Police Department;
WHEREAS, the Santa Clara Crime Lab has provided services such as audio
analysis, bloodstain pattern analysis, DNA/forensic biology, computer forensics,
impression evidence, latent print processing, trace evidence, and video analysis related
to the investigation and prosecution of criminal cases in the City of Campbell for many
years;
WHEREAS, each calendar year, the Crime Lab calculates the costs of its major
case services and bills the Campbell Police Department;
WHEREAS, each calendar year, statistics are generated on the total number of
major case submissions to the Crime Lab, and these are broken down by each law
enforcement agency and expressed as a percentage of the total number submitted by
all agencies;
WHEREAS, this percentage is used to calculate the dollar amount to bill .the
Campbell Police Department based upon the total cost of working all non -County law
enforcement agency major cases;
WHEREAS, all participating agencies have a mutual interest in the performance
of services related to major cases, the County of Santa Clara agrees torecover
approximately 55% of its costs (based on actual costs for the prior year) for these
services;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Campbell that the City Manager is hereby authorized to execute the memorandum of
understanding regarding services provided by the Santa Clara Crime Laboratory related
to the investigation and prosecution of criminal cases, authorize the City Manager to
execute future amendments and/or agreements, and to authorize staff to incorporate
the program's annual expenses into the appropriate fiscal year's budget, a copy of said
Agreement is attached hereto as Exhibit 1.
PASSED AND ADOPTED this 21st day of January, 2020, by the following roll call vote:
AYES: C,OUNCILMEMBERS: Waterman, Bybee, Resnikoff, Gibbons, Landry
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPROVED:
CUX3"
Susan M. Landry, Maior
ATTEST:
I Aj,
Wendy ood, City Clerk
Exhibit I
MEMORANDUM OF UNDERSTANDING BETWEEN THE
COUNTY OF SANTA CLARA AND THE CITY OF CAMPBELL FOR CRIME
LABORATORY MAJOR CASE WORK
This Memorandum of Understanding (MOU) is made and entered into by and between the CITY
OF CAMPBELL (CITY), a municipal corporation, and the COUNTY OF SANTA CLARA
(COUNTY), a political subdivision of the State of California (each a Party and collectively the
Parties). CITY and COUNTY are agencies that work together to provide services related to the
investigation and prosecution of criminal cases in Santa Clara County. The District Attorney's
Crime Laboratory provides services related to this activity. The services related to major cases
would otherwise need to be procured by CITY through other sources. As a result, and pursuant to
Government Code § 51350, both parties desire to set forth this agreement defining CITY's
payments to COUNTY for Crime Laboratory services related to Major Case Work, as defined
below.
Term: This agreement shall commence on January 1, 2020 and expire on December 31, 2029.
Crime Laboratory Major Case Work shall include and be defined as cases requiring review and
analysis of any of the following:
Audio Analysis
Bloodstain Pattern Analysis
DNA/Forensic Biology
Computer Forensics (including Cell Phones)
Impression Evidence
Latent Print Processing
Trace Evidence
Video Analysis
COUNTY and CITY both acknowledge that the Crime Laboratory calculates the costs of its Major
Case services billed to CITY as follows:
Each calendar year, the total cost of working Major Cases is calculated. The cost includes Crime
Laboratory personnel salaries and benefits, supplies, and other operating costs (including
equipment and maintenance) associated with providing services to non -County law enforcement
agencies. The calculated total amount does not include the cost of working Toxicology and
Controlled Substances cases, or the cost of working Major Cases for County entities, like the Santa
Clara County Sheriff's Office.
Also, each calendar year, statistics are generated on the total number of Major Case submissions to
the Crime Laboratory, and these are broken down by each law enforcement agency. (Note: A Major
Case submission is considered any agency case that is assigned a single laboratory "M" number,
and as such different Major Cases may have widely different numbers of individual evidence items.)
The number of Major Case submissions by each law enforcement agency is expressed as a
percentage of the total number submitted by all city agencies, and excludes County entities, like the
Page 1 of 5
Memorandum of Understanding between the County of Santa Clara and City of Campbell
for Crime Laboratory Major Case Work
Santa Clara County Sheriff's Office.
This percentage is used to calculate the dollar amount to bill CITY based upon the total cost of
working all non -County law enforcement agency Major Cases. As the parties have a mutual interest
in the performance of services related to major cases, COUNTY agrees to recover approximately
55% of its costs (based on actual costs for the prior year) for these services. In order to minimize
the impact of a sudden spike in Major Case submissions, the percentage used each year is an average
of five prior years. In addition, so that CITY can budget for the upcoming fiscal year, CITY is billed
for a dollar amount calculated one year prior.
As an example, in January 2020, CITY will receive a bill based upon the average number of Major
Case submissions from 2014-2018 and calculated in January 2019. Each annual invoice will detail
the dollar amount due, and the dollar amount to budget for in the next fiscal year.
Notwithstanding the above procedures, the increase of CITY's costs in any given year as
compared to the prior year shall not exceed 3%.
A. ENTIRE MOU
This MOU and its Appendices (if any) constitutes the final, complete and exclusive statement of
the terms of the agreement between the parties. It incorporates and supersedes all the agreements,
covenants and understandings between the parties concerning the subject matter hereof, and all such
agreements, covenants and understandings have been merged into this MOU. No prior or
contemporaneous agreement or understanding, verbal or otherwise, of the parties or their agents
shall be valid or enforceable unless embodied in this MOU.
B. AMENDMENTS
This MOU may only be amended by a written instrument signed by the Parties.
C. CONFLICTS OF INTEREST
CITY shall comply, and require its subcontractors to comply, with all applicable (i) requirements
governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of
interest laws and regulations including, without limitation, California Government Code section
1090 et. seq., the California Political Reform Act (California Government Code section 87100 et.
seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and
disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so
constitutes- a material breach of this MOU and is grounds for immediate termination of this MOU
by COUNTY.
In accepting this MOU, CITY covenants that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree
with the performance of this MOU.
CITY further covenants that, in the performance of this MOU, it will not employ any contractor
or person having such an interest. CITY, including but not limited to CITY's employees and
subcontractors, may be subject to the disclosure and disqualification provisions of the California
Page 2 of 5
Memorandum of Understanding between the County of Santa Clara and City of Campbell
for Crime Laboratory Major Case Work
Political Reform Act of 1974 (the "Act"), that (1) requires such persons to disclose economic
interests that may foreseeably be materially affected by the work performed under this MOU, and
(2) prohibits such persons from making or participating in making decisions that will foreseeably
financially affect such interests.
If the disclosure provisions of the Political Reform Act are applicable to any individual providing
service under this MOU, CITY shall, upon execution of this MOU, provide COUNTY with the
names, description of individual duties to be performed, and email addresses of all individuals,
including but not limited to CITY's employees, agents and subcontractors, that could be
substantively involved in "making a governmental decision" or "serving in a staff capacity and in
that capacity participating in making governmental decisions or performing duties that would be
performed by an individual in a designated position," (2 CCR 18701(a)(2)), as part of CITY's
service to COUNTY under this MOU. CITY shall immediately notify COUNTY of the names
and email addresses of any additional individuals later assigned to provide such service to
COUNTY under this MOU in such a capacity. CITY shall immediately notify COUNTY of the
names of individuals working in such a capacity who, during the course of the MOU, end their
service to COUNTY.
If the disclosure provisions of the Political Reform Act are applicable to any individual providing
service under this MOU, CITY shall ensure that all such individuals identified pursuant to this
section understand that they are subject to the Act and shall conform to all requirements of the Act
and other laws and regulations listed in subsection (A) including, as required, filing of Statements
of Economic Interests within 30 days of commencing service pursuant to this MOU, annually by
April 1, and within 30 days of their termination of service pursuant to this MOU.
D. GOVERNING LAW, VENUE
This MOU has been executed and delivered in, and shall be construed and enforced in accordance
with, the laws of the State of California. Proper venue for legal action regarding this MOU shall be
in the County of Santa Clara.
E. ASSIGNMENT
No assignment of this MOU or of the rights and obligations hereunder shall be valid without the
prior written consent of the other Party.
F. WAIVER
No delay or failure to require performance of any provision of this MOU shall constitute a waiver
of that provision as to that or any other instance. Any waiver granted by a party shall be in writing
and shall apply to the specific instance expressly stated.
G. TERMINATION
COUNTY may, by 60 day written notice to CITY, terminate all or part of this MOU at any time
for the convenience of COUNTY. The notice shall specify the effective date and the scope of the
termination. Upon receipt of the documents, COUNTY shall be compensated based on the
completion of services provided.
Page 3 of 5
Memorandum of Understanding between the County of Santa Clara and City of Campbell
for Crime Laboratory Major Case Work
H. COUNTY NO -SMOKING POLICY
Contractor and its employees, agents and subcontractors, shall comply with the County's No -
Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as
amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical
Center Campus and all County -owned and operated health facilities, (2) within 30 feet
surrounding County -owned buildings and leased buildings where the County is the sole occupant,
and (3) in all County vehicles.
I. CALIFORNIA PUBLIC RECORDS ACT
COUNTY and CITY are public agencies subject to the disclosure requirements of the California
Public Records Act ("CPRA"). In the event of a request received by one party for information or
records received from the other party, the party that received the CPRA request will make best
efforts to provide notice to the other party prior to disclosing the information or records. If the
party that provided the information or records contends that any are exempt from the CPRA and
wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other
appropriate remedy from a court of law in Santa Clara COUNTY before the party that received the
CPRA request is required to respond to the CPRA request.. If the party fails to obtain such remedy
within the time the party that received the CPRA request is required to respond, the latter party
may disclose the requested information.
J. THIRD PARTY BENEFICIARIES
This MOU does not, and is not intended to, confer any rights or remedies upon any person or entity
other than the parties.
Page 4 of 5
Memorandum of Understanding between the County of Santa Clara and City of Campbell
for Crime Laboratory Major Case Work
K. CONTRACT EXECUTION
Unless otherwise prohibited by law or COUNTY policy, the Parties agree that an electronic copy
of a signed contract, or an electronically signed contract, has the same force and legal effect as a
contract executed with an original ink signature. The term "electronic copy of a signed contract"
refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an
original signed contract in a portable document format. The term "electronically signed contract"
means a contract that is executed by applying an electronic signature using technology approved
by COUNTY.
IN WITNESS WHEREOF, COUNTY and CITY hereby agree to the terms of this MOU.
COUNTY OF SANTA CLARA CITY OF CAMPBELL
S. JOSEPH SIMITIAN, President
Board of Supervisors
Date:
Signed and certified that a copy of this
Document has been delivered by electronic
Or other means to the President, Board of
Supervisors
ATTEST:
MEGAN DOYLE
Clerk of the Board of Supervisors
Date:
APPROVED AS TO FORM AND LEGALITY:
KAVITA NARAYAN
Lead Deputy County Counsel
Date:
Date:
(name)
(title)
Page 5 of 5
Memorandum of Understanding between the County of Santa Clara and City of Campbell
for Crime Laboratory Major Case Work