Police Foundation Services AgreementS WN p
tos.GA`os COUNCIL AGENDA REPORT
DATE: SEPTEMBER 23, 2014
MEETING DATE: 10/07/14
ITEM NO: 5
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER =
SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH
THE LOS GATOS /MONTE SERENO POLICE FOUNDATION OUTLINING
SERVICES PROVIDED BY THE FOUNDATION TO THE TOWN AND THE
TOWN'S SUPPORT TO THE FOUNDATION
RECOMMENDATION:
Authorize the Town Manager to execute an agreement with the Los Gatos /Monte Sereno Police
Foundation outlining services provided by the Foundation to the Town and the Town's support to the
Foundation.
BACKGROUND:
The Los Gatos/Monte Sereno Police Foundation is a 501(c)(3) organization that was incorporated to
promote public interest in and support of the Los Gatos /Monte Sereno Police Department (LGMSPD)
and to increase public safety in the Town by, among other things, actively soliciting donations to
provide supplies and training to LGMSPD personnel and to support LGMSPD special projects, crime
prevention efforts, and community education and outreach programs.
DISCUSSION:
Approval of this item will memorialize the current relationship between the Foundation and the Town
through the Los Gatos /Monte Sereno Police Department by defining Foundation services and the
Town's support to the Foundation.
The Foundation agrees to continue to support the Town of Los Gatos and the Los Gatos /Monte Sereno
Police Department by actively seeking donations for specific projects and programs that would benefit
the Department. These activities would be consistent with the Foundation's goals, and funds would be
expended only with the prior advice of the Chief.
PREPARED BY: MATT FRISBY
Chief of Police
Reviewed by:
Town Manager
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PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH THE
LOS GATOS /MONTE SERENO POLICE FOUNDATION OUTLINING SERVICES
PROVIDED BY THE FOUNDATION TO THE TOWN AND THE TOWN'S SUPPORT
TO THE FOUNDATION
SEPTEMBER 23, 2014
DISCUSSION (cont'd):
The Town would continue to allow the use of premises for Foundation board meetings or other
scheduled meetings and use of other Town facilities as approved by the Town Manager, or his designee,
for fund- raising community programs, special events, volunteer and organizational meetings.
The Town will also provide five hours per week of administrative staff support to the Foundation by an
employee designated by the Chief of Police. The Foundation will in turn reimburse the Department, on
a quarterly basis, for administrative staff support hours in the amount of $20,000 annually.
CONCLUSION:
Staff recommends that the Town Council authorize the Town Manager to execute an agreement with the
Los Gatos/Monte Serene Police Foundation outlining the services provided by the Foundation and the
Town's support to the Foundation, including administrative staff support for $20,000 per year.
ENVIRONMENTAL ASSESSMENT:
This agreement is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
Revenue collected quarterly for administrative staff support to equal $20,000 annually.
Attachments:
1. 2014/15 Agreement between Los Gatos /Monte Sereno Police Foundation and Town of Los Gatos,
Los Gatos /Monte Sereno Police Department
Distribution:
Los Gatos /Monte Sereno Police Foundation, Attn: Jonathan Knowles, President
2014/15 AGREEMENT
BETWEEN
LOS GATOS/MONTE SERENO POLICE FOUNDATION AND
TOWN OF LOS GATOS, LOS GATOS /MONTE SERENO
POLICE DEPARTMENT
This Agreement is entered into between The Town of Los Gatos, a municipal corporation
existing under the laws of the State of California (hereinafter referred to as the "Town "),
acting by and through its Los Gatos /Monte Sereno Police Department and the Chief of
Police thereof (the "Chief) and the Los Gatos /Monte Sereno Police Foundation, a
nonprofit corporation organized under the laws of the State of California (hereinafter
referred to as the "Foundation ").
WHEREAS, the Foundation was incorporated to promote public interest in and
support of the Los Gatos/Monte Sereno Police Department ( "LGMSPD" or "Department ")
and to increase public safety in the Town by, among other things, actively soliciting
donations to provide supplies and training to LGMSPD personnel and to support
LGMSPD special projects, crime prevention efforts and community education and
outreach programs; and
WHEREAS, the Town and the Foundation now wish to memorialize their
agreement and to execute a written agreement that describes the services the Foundation
will provide and describes more particularly the relationship between the Town and the
Foundation, in order to further LGMSPD's goals;
NOW, THEREFORE, the parties agree as follows:
1. TERM
This Agreement shall remain in full force and effect so long as the Foundation shall exist
under its Articles of Incorporation and Bylaws or as determined by the Town Council with
30 days notice.
2. FOUNDATION SERVICES
In consultation and cooperation with the Chief, the Foundation shall undertake the
following tasks and activities:
A. Organization Development
In concurrence with its mission, the Foundation shall recruit and retain board
members committed to and working for the attainment of the Department's
mission, which is three things:
• Building a highly competent, professional police department
providing traditional law enforcement services
• Building community relationships
• Engaging in community problem solving
ATTACHMENT
B. Programs / Projects
(1) The Foundation shall actively seek donations for specific projects and
programs that would benefit the Department, would be consistent with its goals,
and would be expended only with the prior advice and consent of the Chief.
(2) The Foundation shall support programs with the Department each calendar
year for approved projects in the following program areas:
(a) Community Partnerships: A program that enhances the relationship between
the community and the Department. Community Partnerships activities include
LGMSPD Youth Commission, Police Explorers, Police Reserves, Volunteers in
Policing (YIPS) and funding for Victim Services Unit.
(b) Employee Development: A program that provides training and recognition
to Department employees. Employee Development includes hosting
specialized training for department personnel and supporting wellness
programs that will benefit the health and fitness of civilian and sworn
employees.
(c) Police Service Enhancement: A program that provides equipment and
technology to the Department. Police Service Enhancement activities
purchase specialized equipment and other technology that cannot be
purchased by the Department with allotted Town budget.
C. Events
(1) A Taste of Los Gatos: Host and pay all costs for an annual A Taste of Los
Gatos, which includes soliciting, collecting, and managing donations for the
event, working with donors to ensure expectations are met, and working with
LGMSPD to ensure the event is executed as agreed upon.
(2) Police Recognition Luncheon: Host and pay all costs for the annual Police
Recognition Luncheon with Department employees and community
members which includes recognition for exceptional work performed during
the previous year.
(3) Additional Events or Activities: Any other events or activities that are presented
by the Foundation during the year including Swearing In Ceremonies, Range
Day, etc.
2
3. TOWN'S SUPPORT TO FOUNDATION
In consideration of the Foundation's performance of the services described in Section 2 of
this Agreement, the Town shall provide the following compensation to the Foundation:
A. Use of Premises
(1) Office Space. The Foundation shall have the use of such office space at the
Department as the Chief may specify from time to time, for board meetings or
other scheduled meetings
(2) Use of other LGMSPD Facilities. The Foundation may use, free of charge,
from time to time, such LGMSPD facilities as the Chief may approve, for
fund- raising community programs, special events, volunteer and organizational
meetings.
B. Support
The LGMSPD shall provide 5 hours per week of administrative staff support to the
Foundation.
C. Other Consideration.
(1) Each year, the Foundation shall reimburse the Department, on a quarterly
basis, for administrative staff support hours in the amount of $20,000 annually.
4. INDEMNIFICATION
The Town agrees to indemnify and hold the Foundation harmless from, against and in
respect of any and all loss, liability, or damage, including, without limitation liability for
payroll taxes, disability insurance, worker's compensation, and other employee - related
payments, taxes or withholdings and any interest or penalties related to any Town
employee serving as the Foundation Staff Support, and the Foundation agrees to defend,
indemnify and hold the 'Town harmless from any and all damages, costs and expenses
(including attorney's fees) arising directly or indirectly from the Foundation's activities
in performing its obligations under this Agreement.
5. AMENDMENTS.
This Agreement may be amended only by a written document executed by both parties
and which, on the Foundation's behalf, has been expressly authorized by its Board of
Directors.
6. ASSIGNMENT.
This Agreement, and any rights or obligations hereunder, shall not be assignable by either
party.
C
7. NOTICES.
Any notice or communication to be given by one party to the other under this Agreement
must be in writing. Written notices or communications and remittances shall be (i) hand
delivered; (ii) mailed, postage prepaid, by United States mail; or (iii) sent by express mail,
to the following respective addresses or to such other addresses as the parties, from time to
time, may specify in writing:
If to the Town: Chief, Los Gatos /Monte Serene, Police Department
110 E. Main St.
Los Gatos, CA 95030
If to the Foundation: President, Los Gatos -Monte Sereno Police Foundation
8. NONDISCRIMINATION
The Foundation shall comply with all applicable equal employment opportunity and
nondiscrimination laws of the United States, the State of California, and the Town of
Los Gatos.
9. COMPLIANCE WITH LAWS.
With respect to the performance of its obligations under this Agreement, the Foundation
shall comply at its sole expense with all applicable laws of the United States and the State
of California, the Charter and ordinances of The Town of Los Gatos, and the pertinent
rules, regulations and authorized directives of each of their respective agencies and
officers.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by having
their authorized representatives affix their signatures in the spaces below.
TOWN OF LOS GATOS
By
Greg Larson, Town Manager
RECOMMENDED BY:
Matt Frisby, Chief of Police
Approved as to Form:
Robert Schultz, Town Attorney
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LOS GATOS/MONTE SERENO
POLICE FOUNDATION
By
Jonathan Knowles, President
Los Gatos/Monte Sereno Police
Foundation