Loading...
HomeMy WebLinkAboutAgreement - Santa Clara Valley Water District - Signed: 2026-06-11 Agreement between VALLEY WATER and City of Gilroy for PD services. 1 STREAM STEWARDSHIP LAW ENFORCEMENT PROGRAM AGREEMENT BETWEEN THE SANTA CLARA VALLEY WATER DISTRICT AND THE CITY OF GILROY This Stream Stewardship Law Enforcement Program Agreement ("Agreement") is entered into on the date it is fully executed ("Effective Date") by and between the Santa Clara Valley Water District, an independent special district of the State of California ("Valley Water"), and the City of Gilroy a municipal corporation of the State of California (the "City"). Valley Water and City may be referred to individually as a "Party" and collectively as "Parties." PURPOSE Valley Water is committed to providing the community in Santa Clara County ("County") with an enhanced quality of life through its watershed and stream stewardship efforts and partnering with the City, which has the authority to undertake law enforcement action to address criminal activity within waterways in the City. In recent years, there has been a growing concern about the potential health and safety risks that Valley Water field staff and volunteers face due to criminal activity along local waterways. The City's Police Department ("GPD") Unit targets criminal activity impacting quality of life of the residents of the City, including diminishment of the values provided by local waterways. However, GPD has limited resources and cannot support a proactive approach to improve the safety of Valley Water personnel and volunteers along local waterways. The purpose of this Agreement is for Valley Water to contribute financial resources to the City to pay for the cost of GPD law enforcement personnel that target criminal activity along local waterways within the City in which Valley Water employees or volunteers may be present. RECITALS WHEREAS, Valley Water and the City each possess real property interests in and over riparian lands within the City; and WHEREAS, Valley Water has the authority to manage water resources and to provide flood protection, groundwater recharge and stream stewardship in the County; and WHEREAS, Valley Water does not have the authority to undertake law enforcement; and WHEREAS, Valley Water desires that the GPD exercise its law enforcement authority to address criminal activity in and along waterways within the City to ensure the safety of Valley Water staff and volunteers who work along those streams; and WHEREAS, in addition to its law enforcement authority, the City can coordinate with the County and other social service providers to render social services and outreach to unhoused individuals that may be encamped along waterways in the City; and WHEREAS, the Parties desire that the City institute a “Stream Stewardship Law Enforcement Program," which will focus on proactive law enforcement in streams within the City, and which is mutually acceptable to both Parties; and Docusign Envelope ID: 8EA1AA7F-9E94-8668-83D5-AB976CDEF402 Agreement between VALLEY WATER and City of Gilroy for PD services. 2 WHEREAS, the City does not have the resources to fund the GPD personnel costs required to carry out the law enforcement activities under the Stream Stewardship Law Enforcement Program; and WHEREAS, Valley Water believes that the Stream Stewardship Law Enforcement Program is critical to provide a safe environment for its personnel and volunteers to undertake stream stewardship activities within the City and thereby discourage re­ encampments. NOW, THEREFORE, Valley Water and the City agree as follows: 1. Work to Be Performed a. The City shall administer a Stream Stewardship Law Enforcement (“SSLE”) Program that focuses on deterring crime along streams within the City to protect the health and safety of Valley Water staff, volunteers, and the public. This program shall include a minimum of one (1) and up to three (3) stream stewardship law enforcement teams. Each team will typically consist of up to three (3) police officers or corporals, and one (1) supervisor (a police corporal or police sergeant). The Parties shall mutually agree to metrics that will be used to measure the success of the SSLE Program. b. The City will work with Valley Water to identify sections of streams within the City that will be the focus of law enforcement action under the SSLE Program. These sections will be further broken down into smaller segments ("Targeted Segments"). Targeted Segments will focus on locations where Valley Water owns property, easement rights, or has obtained temporary rights of entry. c. The City law enforcement personnel shall be available to conduct Law Enforcement Patrols (“Patrols”) in pre­identified Targeted Segments for an eight hour shift up to one day during the workweek (i.e., Monday – Sunday). A minimum of one law enforcement Patrol will be conducted per month with additional law enforcement Patrols provided subject to City law enforcement staffing and scheduling restrictions. Prior to each law enforcement Patrol, the City Program Manager will notify the Valley Water Program Manager. d. Patrol officers shall take appropriate law enforcement action, at officer discretion and in accordance with applicable law, to prevent or deter violations occurring on or adjacent to designated patrol areas, including, but not limited to prevention or deterrence of encampment activity. e. Each officer assigned to a SSLE Program team shall attend at least one (1) hour of environmental crimes training provided by either the Santa Clara County District Attorney’s Office or the California Department of Fish and Wildlife, dependent on the availability of such training during the Agreement term. Valley Water shall pay the hourly rate, as detailed in Section 2, for up to one (1) hour of environmental crimes training attended by each SSLE officer per year. f. In the first week of each month, the City Program Manager will provide the Valley Water Program Manager with a monthly report giving a summary of activities that were undertaken by the law enforcement teams during the previous month. This report shall Docusign Envelope ID: 8EA1AA7F-9E94-8668-83D5-AB976CDEF402 Agreement between VALLEY WATER and City of Gilroy for PD services. 3 specify the crime reduction activities undertaken within the Targeted Segments, including specific locations, date, time, and hours of Patrols, number of arrests, and/or criminal citations and types of crimes addressed. The monthly report will also provide a brief status update as to how many SSLE team members have completed the environmental crimes training prescribed in subsection f of this Section, and how many team members have yet to complete the training. g. The City Program Manager shall notify the Valley Water Program Manager of any criminal activity in or along the streams that is discovered by law enforcement personnel so that Valley Water can warn its employees, contractors, and volunteers working in those waterways. h. Officers on the SSLE teams shall refer unhoused individuals encountered during the Patrols to the appropriate City or County agency, or social service provider. i. The City Program Manager and the Valley Water Program Manager will meet quarterly, in person or via conference call, to review and discuss previous Patrols under the SSLE Program and opportunities for improvement of future Patrols. They will also discuss how safety control measures can be developed in stream areas to improve the safety of Valley Water employees and volunteers. j. Upon Valley Water's request, the City Program Manager shall accompany Valley Water staff attending monthly encampment coordination meetings hosted by the City's Housing Department. k. The City law enforcement personnel assigned on overtime to assist Valley Water staff with security for standard maintenance operations outside of the SSLE program and outside of the City’s normal operating days and times (currently Tuesday through Friday from 0800­1700 hours) will be compensated at the overtime rates below separate of the total budget for the SSLE program provided in Section 2(d) below. 2. Payment a. Each month the City shall furnish Valley Water an invoice specifying the hours that SSLE Program law enforcement personnel spent on the Patrols of the Targeted Segments and their hourly rates. b. Valley Water shall pay all undisputed invoices or undisputed portions of invoices within 60 days. If Valley Water disputes an invoice, the Valley Water Program Manager shall specify in writing to the City Program Manager the basis for the dispute. Within 10 business days of receiving this writing, the City Program Manager shall meet with the Valley Water Program Manager and endeavor to resolve the dispute. c. The Parties understand that the time law enforcement personnel will work in each assigned shift will be in addition to time they work during their normal work schedule, and therefore will be compensated at their overtime rate. The hourly overtime rates for the law enforcement personnel assigned to the SSLE Program are as follows and shall not exceed: (i) Sergeant – $206.87 per hour through June 30, 2026. Docusign Envelope ID: 8EA1AA7F-9E94-8668-83D5-AB976CDEF402 Agreement between VALLEY WATER and City of Gilroy for PD services. 4 (ii) Corporal – $188.72per hour through June 30, 2026. (iii) Officer ­ $159.36 per hour through June 30, 2026. Beginning July 1, 2026, the rates for Sergeant, Corporal and Officer for Fiscal Year 2026­2027 will be as follows and shall not exceed: (iv) Sergeant – $214.46 per hour through June 30, 2027. (v) Corporal – $195.88 per hour through June 30, 2027. (vi) Officer ­ $167.43 per hour through June 30, 2027. d. The total not­to­exceed amount of this Agreement is $150,000. 3. Term of Agreement The term of this Agreement commences on the Effective Date and continues to June 30, 2027 or until the Agreement not­to­exceed amount specified in Section 2.d. is fully expended, whichever occurs earlier. 4. Records Retention and Audit a. The City agrees to make available for examination by Valley Water, its authorized agents, officers, or employees and subject to limitations established by state law, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the expenditure and disbursements invoiced to Valley Water. City shall also furnish to Valley Water, its authorized agents, officers, or employees such other evidence or information as Valley Water may request with regard to any such expenditure or disbursement charged by City. b. The City shall maintain full and adequate records to document the actual costs it incurs which are subject to reimbursement of the City’s costs pursuant to this Agreement. The City shall provide such assistance as may be reasonably requested in the course of such inspection. 5. Indemnification Pursuant to Government Code Section 895.4, each party agrees to fully indemnify and hold the other party (including its appointed and elected officials, officers, employees and agents) harmless from any damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any appointed or elected official, officer, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other party hereto, its officers, employees or agents, under or in connection with any work, authority or jurisdiction delegated to such other party under this Agreement. 6. Non­Discrimination a. Equal Opportunity Employer Docusign Envelope ID: 8EA1AA7F-9E94-8668-83D5-AB976CDEF402 Agreement between VALLEY WATER and City of Gilroy for PD services. 5 Valley Water is an equal opportunity employer and requires the Parties to this Agreement adhere to a policy of equal opportunity and non­discrimination. In the performance of the Agreement, the Parties will comply with all applicable federal, state, local laws and regulations, and will not discriminate against any subcontractor, employee, or applicant for employment in the recruitment, hiring, employment, utilization, promotion, classification or reclassification, transfer, recruitment advertising, evaluation, treatment, demotion, layoff, termination, rates of pay or other forms of compensation, and selection for professional development training (including apprenticeship), or against any other person, on the basis of sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), race, religion, color, national origin (including language use restrictions), ancestry, religious creed (including religious dress and grooming practices), political affiliation, disability (mental and physical, including HIV or AIDS), medical condition (cancer and genetic characteristics), genetic information, marital status, parental status, gender, age (40 and over), pregnancy, military and veteran status, sexual orientation, gender identity and gender expression, the exercise of family and medical care leave, the exercise of pregnancy disability leave, or the request, exercise, or need for reasonable accommodation. b. Compliance with Applicable Equal Opportunity Laws Each Party’s policy must conform with applicable state and federal guidelines including the Federal Equal Opportunity Clause, “Section 60­1.4 of Title 41, Part 60 of the Code of Federal Regulations,” Title VII of the Civil Rights Act of 1964 as amended; the Americans with Disabilities Act of 1990; the Rehabilitation Act of 1973 (§503 and §504); the Age Discrimination Act of 1975 (42 U.S.C. §6101 et seq.); the California Fair Employment and Housing Act (Government Code §12900 et. seq.); and California Labor Code §1101 and §1102. c. Investigation of Claims Each Party must designate a specific position within its organization to be responsible for investigating allegations of non­compliance with the anti­discrimination and anti­ harassment provisions of this Agreement. Each Party must conduct a fair, prompt, and thorough investigation of all allegations directed to that Party by the other. In cases where such investigation results in a finding of discrimination, harassment, or hostile work environment, each Party must take prompt, effective action against the offender. 7. Termination Either Party may terminate this Agreement at its convenience by providing the other Party with no less than 30 days prior written notice. 8. Waiver Each Party agrees that waiver by the other Party of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. Docusign Envelope ID: 8EA1AA7F-9E94-8668-83D5-AB976CDEF402 Agreement between VALLEY WATER and City of Gilroy for PD services. 6 9. Program Managers and Notices The City Program Manager and the Valley Water Program Manager are, and their contact information is, as follows: City Program Manager: Captain Brian Dutton Gilroy Police Department 7301 Hanna Street Gilroy, CA 95020 brian.dutton@cityofgilroy.org (408) 846­0311 Valley Water Program Manager: Ray Fields Security Unit Manager Santa Clara Valley Water District 5750 Almaden Expressway San José, CA 95118 rfields@valleywater.org (408) 630­3027 All notices and other communications given under this Agreement shall be in writing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the respective Party's Program Manager. The Notice shall be deemed effective on the date personally delivered, or if mailed, three (3) days after deposit in the mail. 10. Compliance with Laws City and Valley Water shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments in rendering performance under this Agreement. 11. Governing Law City and Valley Water agree that the law governing this Agreement shall be that of the State of California. In the event that suit shall be brought by either Party to this Agreement, the Parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in the United States District Court, Northern District of California, San José, California. 12. Entire Agreement This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersedes all other prior or contemporaneous oral or written understandings and agreements of the Parties. 13. Amendment This Agreement may be modified only by a written amendment signed by both Parties. Docusign Envelope ID: 8EA1AA7F-9E94-8668-83D5-AB976CDEF402 Agreement between VALLEY WATER and City of Gilroy for PD services. 7 14. Contract Execution Unless otherwise prohibited by law or City 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 writing as set forth in Evidence Code Section 1550. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the City. WITNESS THE EXECUTION HEREOF on the dates set forth below each signature. Santa Clara Valley Water District City of Gilroy Signature __________________________ Signature _________________________ Name: Title: Name: Brandon Sanchez Title: Chief of Police Date __________________________ Date __________________________ Signature _________________________ Name: Matt Morley Title: City Administrator Date __________________________ Approved as to form: By ________________________________ Attest: By ________________________________ Docusign Envelope ID: 8EA1AA7F-9E94-8668-83D5-AB976CDEF402 6/10/2026 6/11/2026