Loading...
1991-198-Authorizing The Chief Of Police To Execute An Agreement With The City Of San Jose To provide Los Gatos Police Access To Canine Services For Official Law Enforcement ActivitiesRESOLUTION 1991 -198 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE CHIEF OF POLICE TO EXECUTE AN AGREEMENT WITH THE CITY OF SAN JOSE TO PROVIDE LOS GATOS POLICE ACCESS TO CANINE SERVICES FOR OFFICIAL LAW ENFORCEMENT ACTIVITIES WHEREAS, the Town wishes to enter into an agreement with the City of San Jose for Canine Services; BE IT RESOLVED by the Town Council of the Town of Los Gatos, that the Police Chief is authorized to execute an agreement with the City of San Jose to provide Canine Services to Los Gatos for official law enforcement activities. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3rd day of September, 1991 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Eric D. Carlson NAYS: ABSENT: Mayor Brent N. Ventura ABSTAIN: _ j SIGNED: (� - -- VICE -MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: c D CLERK OF THE TOWN OF AS GATOS LOS GATOS, CALIFORNIA JRG:CBM:ejh 6/20/91 HOLD HARMLESS AGREEMENT THE CITY OF SAN JOSE AND THE TOWN OF LOS GATOS J - This Agreement is made and entered into this day of , 1991, by and between the City of San Jose, a municipal corporation (hereinafter "CITY ") and the Town of Los Gatos, a municipal corporation (hereinafter "TOWN "). R E C I T A L S: WHEREAS, the CITY has a Canine Unit which its Police Department uses in patrol, investigative and other appropriate law enforcement activities; and WHEREAS, the TOWN Police Department desires to use the CITY's Canine Unit from time to time within the Town of Los Gatos for police functions upon request; and WHEREAS, the City of San Jose is willing to permit the Los Gatos Police Department such use of the canines from the San Jose Police Department's Canine Unit within the Town of Los Gatos as CITY may decide to grant, provided certain obligations are undertaken by Los Gatos relative to indemnification of City. NOW, THEREFORE, -IN CONSIDERATION OF THESE MUTUAL COVENANTS HEREIN, the parties hereto agree as follow: SECTION 1. Revuest for Use of San Jose's Canine Unit. A. Los Gatos Police Department may request the use of San Jose's Canine Unit only for official law enforcement activities. -1- 2075k/0012k JRG:CBM:ei_h 6/20/91 S. Requests by the TOWN Police Department shall require written or oral authorization from the highest- ranking on -duty Los Gatos Police Department Officer. The request shall go to the watch Commander of CITY's Police Department. The Watch Commander shall consult with the on -duty supervisor of the Canine Unit regarding the availability of dogs for use by the Los Gatos Police Department. C. The CITY shall have complete discretion in deciding whether to allow TOWN the use of Police Department's canines. D. At all times when a canine from the San Jose Police Department is made available to the Los Gatos Police Department, the canine shall be accompanied by a San Jose Police Officer, as the dog's handler, and, where appropriate, by a San Jose Police Department Supervisor. SECTION 2. Indemnification. A. TOWN agrees to defend, indemnify and save harmless CITY, its officers, agents, and employees from and against any and all claims, demands, causes of action, damages, costs, attorneys fees, expenses, losses or liabilities of any kind whatsoever, including, but not limited to, injury to or death of TOWN's officers, agents and employees, CITY's officers, agents and employees, and third parties, and damage to or destruction of property of TOWN, City or third parties, arising out of or in any manner, directly or indirectly connected with the work performed by CITY's Police Department on assignment with TOWN's Police Department, regardless of any active or passive negligence or wilfull misconduct of CITY's officers, agents or employees. -2- 2075k/0012k JRG:CBM:ejh 6/20/91 B. The indemnity herein provided for shall commence at the time and on the date that CITY Police Department employees and canines from the Canine Unit begin work with the TOWN Police Department, and shall extend for the actual time(s) and date(s) of such deployment. C. Should CITY incur any damages, expenses, or any obligations for attorney's fees or court costs, for purposes of resisting, adjusting, settling or compromising any claims or demands for which indemnification is hereby provided for, TOWN agrees to reimburse CITY for such damages, expenses, attorney's fees or costs within a reasonable time after receiving written notice from CITY that CITY has incurred such damages, expenses, fees or costs. SECTION 3. Prior Agreements and Amendments. This Agreement represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understandings shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by written amendment, duly executed by the parties to this Agreement. SECTION 4. Term of Agreement. The term of this AGREEMENT shall be from August 6, 1991 to August 6, 1993. SECTION 5. Termination of Agreement. This Agreement may be cancelled by either party upon seven days' written notice to the other party. -3- 2075k/0012k JRG:CBM:ejh 6/20/91 SECTION 6. Notices. All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be personally served or mailed, postage pre -paid and return receipt requested, addressed to the respective parties, as follows: TO CITY: Office of the Chief of Police San Jose Police Department CITY OF SAN JOSE 201 West Mission Street San Jose, CA 95110 TO LOS GATOS: Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the mail. WITNESS THE EXECUTION HEREOF on the day and year first hereinabove written. "CITY" APPROVED AS TO FORM: CITY OF SAN JOSE, a municipal corporation Sr. Deputy City Attorney APPROVED AS TO FORM: AeiYl�.:° Town Attorney Town Los Gatos 2075k/0012k NZ FRED ABRAM Acting Chief of Police San Jose Police Department "TOWN" TOWN OF LOS GATOS (Name) Address: