REPORT TO COUNCIL
SUBJECT
Title
Approve a Revised Memorandum of Understanding with Santa Clara County for Crime Laboratory Services Related to Department of Public Safety Major Cases
Report
BACKGROUND
On February 4, 2020 Council approved RTC No. 20-0224, authorizing the City Manager to execute a Memorandum of Understanding ("MOU") between the City of Sunnyvale and Santa Clara County for services provided by Santa Clara County Crime Laboratory related to Department of Public ("DPS") Safety Major Cases, for a term of ten years commencing January 1, 2020.
The District Attorney notified DPS on February 16, 2020 that their agency had made revisions to the original MOU. The following is a summary of those changes.
1. The District Attorney's office was not able to meet the January 1, 2020 start date and as such revised the language to read "This agreement shall commence upon the last signature date and continue for ten years or until its termination by either party in accordance with Section H of this MOU."
2. "Firearms Examinations" were added to the types of Major Case Work.
3. After further review and analysis, the District Attorney's office determined that they are no longer able to guarantee that every City's costs, in any given year, will not increase more than 3%. This is simply because each year's billing is based upon the average number of submissions over a five-year period. As such, they have removed the sentence that reads "Notwithstanding the above procedures, the increase of CITY's costs in any given year as compared to the prior year shall not exceed 3%." It should be noted that DPS has received an invoice for FY 2019/20 and the billed amount does not represent more than a 3% increase from the prior year.
4. The County's Legal Department requested the addition of mutual indemnification language. The new language can now be found in Section D.
5. Cindy Chavez is now serving as the Santa Clara County Board of Supervisors President. The signature li...
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