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LGMS Police Services Contract Ad Hoc Committee1pW N OF ��8 CASOS DATE: Ire FROM: MEETING DATE: 10/07/14 ITEM NO: I a COUNCIL AGENDA REPORT OCTOBER 1, 2014 MAYOR AND TOWN COUNCIL LOS GATOS/MONTE SERENO POLICE SERVICES CONTRACT AD HOC COMMITTEE Council Members Diane McNutt and Barbara Spector l�tatit� l' a4e ?S.A. SUBJECT: REPORT OF THE LOS GATOS/MONTE SERENO POLICE SERVICES CONTRACT AD HOC COMMITTEE RECOMMENDATION: Provide direction regarding future consideration of the Police Services Agreement with the City of Monte Sereno and any additional information needed. BACKGROUND: As directed by the Los Gatos Town Council, the Police Services Contract Ad Hoc Committee (Barbara Spector and Diane McNutt) met five times between April 11 and September 5, 2014 with the Monte Sereno Police Services Contract Ad Hoc Committee (Burton Craig and Marshall Anstandig). DISCUSSION: Two issues were discussed at the meetings of the Los Gatos and Monte Sereno Ad Hoc Committees: 1) The request from the Town of Los Gatos to the City of Monte Serene, for reimbursement of $200,000 in overtime charges accumulated during the murder investigation of a Monte Sereno resident; and 2) Potential changes to the police services contract to clarify financial responsibility for overtime charges for "extraordinary" events in the future. The Monte Sereno Ad Hoc Committee reported at our last meeting that its City Council discussed the matter during its Sept. 2 Council meeting and is in unanimous agreement that the City is satisfied with the police services its residents are receiving under the terms of the current contract (attached) and does PAGE MAYOR AND TOWN COUNCIL SUBJECT: REPORT OF THE LOS GATOS/MONTE SERENO POLICE SERVICES CONTRACT AD HOC COMMITTEE OCTOBER 1, 2014 DISCUSSION (continued): not see the need to modify it. Also, since the contract does not make any allocation for reimbursement of overtime, the City of Monte Sereno will not pay any additional fees to Los Gatos beyond what is called for in the contract. The work of the Ad Hoc Committee is now complete and the Council must determine what, if any, future actions are desired. Possible actions for Council consideration include: 1. No further action, maintain the status quo; 2. Direct staff to provide additional information such as the potential impacts of contract termination or police service cost comparisons between Los Gatos and Monte Sereno; 3. Schedule Council consideration of contract termination upon 12 months' notice as required by the contract; and/or 4. Refer future action to the Council's Strategic Goals Retreat in February 2015 or as part of the 2015 -16 Budget. Attachment: Current Police Services Agreement and First Amendment between the Town of Los Gatos and the City of Monte Sereno Distribution: Los Gatos/Monte Sereno Police Services Ad Hoc Committee CR COUNCILAGENDA DATE: 8/7/95 ITEM NO. 31 TOWN OF LOS GATOS DESK ITS4 COUNCIL AGENDA REPORT DATE: AUGUST 7, 1995 TO: MAYOR AND TO FROM: TOWN MANAGER SUBJECT: CONSIDER ADOPTING RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE LAW ENFORCEMENT SERVICES CONTRACT WITH THE CITY OF MONTE SERENO AND APPROVE HIRING FOUR (4) PART -TIME COMMUNITY OFFICER INTERNS DISCUSSION: Attached are additional letters received regarding the Law Enforcement Services Contract with the City of Monte Sereno. PREPARED BY: DWK:pm MGROaS AICNCLRPTSI8 -75 Attachments: DAVID W. KNAPP Town Manager Revised: 817/95 1:36 pm 1. 812/95 letter from Lieutenant James Huber of the Santa Clara County Sheriffs Department 2. 815/96 letter from Egon Jensen Reviewed by: COUNCIL ACTION /ACTION DIRECTED TO: Form: 6121M ATTACHMENT AUG 3 iG`% August 2, 1995 Mayor Patrick O'Laughlin Town of Los Gatos 110 E. Main St., Los Gatos, CA 95032 As a Los Gatos resident, I am very concerned about the proposed contract for police services with Monte Sereno. The promises to Monte Sereno are clearly a gift of Los Gatos Tax Dollars. I cannot think of any reason why Los Gatos should subsidize the city with the highest property values and individual income in the County of Santa Clara. I strongly suggest that you make inquiry as to the specific details of this contract and not let staff sweet talk you into an uninformed yes vote. I have explicit information on what was promised and the Town of Los Gatos will lose money. Los Gatos will also lose police service to its citizens while offering Monte Sereno some of the best services in the County. They have guaranteed 80 hours per week while not hiring a single officer.. Larry Todd and Mr. Knapp have offered 80 actual in -field police hours a week at a much lower average per hour cost. These are much more expensive than the officer's annual cost divided by 2080 hours. 2080 hours is 52 weeks a year times 4 days per week times 10 hours per day. Much of the 2080 is not productive. There are 365 days per year 365 Officers have 3 days a week off -156 Officers have at least two weeks vacation -8 Officers earn sick leave that Los Gatos is responsible for -8 Training Days (State minimum is 12,1 days /year) -2 Jury Duty, Bereavement, Military Time -9 Total Days the officer actually shows up 191 (This is a maximum. I would guess that 180 is more realistic) Cost per day using $75,000/year /officer and 191 hours $393 /day During each day, an officer is not productive for all 10 hours. Start of shift briefing, loading equipment, checking vehicle= at least 30 minutes Lunch 30 minutes Court p Page I On job training, meetings, vehicle repairs, travel time ? End of shift, refuel, turning in paperwork, unloading vehicle 30 minutes These are minimums! Productive Hours less than 81-� $393 per day divided by 84 $46.20 per hour 46.20 times 80 hours per week times 52 weeks $191,192 per year If this does not show that Los Gatos will lose money, one could now argue that these officers have responsibility to the Los Gatos Law Enforcement process. These officers are only available to spend 80 hours in Monte Sereno when they are not on a Los Gatos call! Ideal Patrol Time ratios run about 35% meaning that an officer is available to look for crime and crooks 35% of the productive time. I will assume that Los Gatos Patrol to Activity ratio is less than 30% but will use 30 %. $46.20 per hour productive time divided by 30% available to respond to Monte Sereno is $154 per hour. To get a Los Gatos officer available to respond to Monte Sereno costs $154 per hour $154 times 80 hours in Monte Sereno times 52 weeks 640,640 per year Some will discredit this number. What it represents is the value of the loss to Los Gatos residents like you and me. Los Gatos has lost 80 actual hours of patrol per week and that is very valuable! These officers will not be driving down our streets looking for bad guys, arresting drunk drivers before they injure someone, catch prowlers, etc. They will be in Monte Sereno keeping them safe. Clearly, Police Service to Los Gatos residents must deteriorate. The same number of officers increasing their responsibility must have an effect on availability and response times. The above costs do not include Patrol vehicle, vehicle equipment and replacement Gasoline Overhead Supervision Training fees LIABILITY Insurance Los Gatos just increased their exposure to liability by 15% and increased their exposure to false arrest, wrongful death, violation of rights, etc. for free! Even the attorney fees on this type of suit are significant, Monte Sereno is held harnilessI Court Overtime! (perhaps 24 hours per year) Holiday Pay Accounting Records Support Communications Los Gatos now has to initiate an activity log system to document the 80 hours in Monte Sereno. Los Gatos will also spend $66,000 more a year for new CSO Interns per a Los Gatos Captain. In addition, Los Gatos Officers will not be responding to our calls for service, we get CSO Interns. Police Officers will be responding to ALL Monte Sereno calls for service per Page 2 contract! Los Gatos Interns already do to much police work. A CSO will take our Los Gatos Burglary report but a Los Gatos Police Officer will take a Monte Sereno petty theft or barking dog report! Maybe what upsets me the most is that the Los Gatos Council pleaded with its citizens for a utility tax. A major part of that plea was to keep two police officers. The one couple pleaded with you to pass the utility tax to keep the two police officers, the woman crying about her concerns for her family. That same month, your town manager and police chief sold 3 officers to Monte Sereno for $195,000. In addition the contract is for 30 YEARS and only allows for officer raises and cost of living index increases. There is no allowance for insurance, benefit or other increases. Los Gatos will certainly need to address the police building within 30 years, probable 2 years. Monte Sereno has been guaranteed that none of these costs will be passed to them. If it cost a Los Gatos resident an average of $185 per capita for Police Services, how can the Chief offer better service to Monte Sereno, GUARANTEED SERVICE, for less than $65 per resident. If Los Gatos contracted from the Sheriff's Department, LG would be provide more service and officers to Los Gatos then Los Gatos now has and save Los Gatos almost a MILLION DOLLARS a year. How can Los Gatos offer more service to Monte Sereno cheaper than the Sheriff? I strongly encourage you to take a close look at this contract. I believe the true cost to Los Gatos for this Monte Sereno contract is more like $340,000, a loss of almost $145,000 a year. Have an outside CPA estimate the true cost. If you really want a scare, take the $5,500,000 police budget, plus ears, plus insurance and divide it by the number of police officers on the street. Divide the result by productive hours and then see how much the Monte Sereno contract should cost with realistic cost sharing. Considering this contract, maybe you should look at the other Knapp contracts with Campbell and Monte Sereno for Los Gatos staff. I believe this police contract will become an election issue. I hope that you and the other council members vote with knowledge of what you are giving away. Sincerely, g;�a�mfHuber 14510 Blossom Hill Road Los Gatos, CA 95032 cc; Council Members Mr. Knapp Los Gatos Weekly Times Page 3 Mr. David Knapp Manager, Town of Los Gatos. Page 1 of 2 August 5,1995 Dear David. I have received a copy of the report, containing an analysis of my letter, dated July 17, 1995. I still do not understand how the Los Gatos Police Department has been able to to come up with the cost figure for providing service to Monte Sereno. I assume the cost figure include the supervisors, such as the head of the Department, the Captain and Sergeants. Based on the figures found on page 60 in the budget of the Town of Los Gatos the salaries for just the Patrol Division is $1,781,770. plus benefits of $625,760. for a total of $2,407,530. This comes to an average hourly cost for the sworn personnel in the Patrol Division of $39.91. I have gone back and recalculated the proposal. I wish the Police Department would have been able to furnish me a copy of activities, relating to law enforcement in the Town of Los Gatos, it makes it a little difficult to draw a complete and true picture of the situation. On the other hand the Sheriff's Department has made the log for Monte Sereno available to me. Having the log in front of me has enabled me to have an idea of what kind of enforcement is required in the City of Monte Sereno. As a matter of fact, I do not understand how Los Gatos could prepare the proposal to Monte Sereno without considering the log showing the law enforcement in Los Gatos and Monte Sereno. Page 2 of 2 Patrol service 80 hrs. /wk. Cost $ 166,035.00 Materials/ Supplies 14 % Cost $ 23,245.00 Adding 4 CSO's interns* Cost $ 67,650.00 ** Total $ 256,930.00 * I included the cost of the CSO's interns as their hiring is contingent upon the contract between Los Gatos and Monte Sereno will become a fact. Otherwise they are not needed. "The cost figure for the CSO's are found on page 68 &76 in the proposed budget 1995/96 for the Town of Los Gatos. The above figure gives us a deficit of $ 61,952, just for the proposed basic service. The proposed contract calls for other programs for which no cost figures are available. As a result of the above I suggest a third party be given the task to analyze the proposal and the material on which the proposal was written. In any case if and when the contract is signed the cost of providing the service should be monitored very close on a month to month basis. cc Mayor and members of the Town Council, news media. August 7, 1995 Los Gatos, California HEARINGS CONTINUED HAZARDOUS WASTE FACILITIES /ORDINANCE /HEARING (30.07) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider an amendment to the Town Code to require consistency between Town land use decisions and the Santa Clara County Hazardous Waste Management Plan (Zoning Ordinance amendment A- 95 -1). This matter will not have a significant impact on the environment, and is, therefore, exempt from the requirements of the California Environmental Quality Act. Applicant: Town of Los Gatos. There was no one from the audience to address this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Council consensus to return this item to Council September 5, 1995, with alternatives delineated in staff report. LAW ENFORCEMENT SERVICES /CONTRACT /CITY OF MONTE SERENO COMMUNITY OFFICER INTERNS /RESOLUTION 1995.110 (31.09) Mayor O'Laughlin stated that this was the time and place duly noted to consider adopting resolution authorizing the Town Manager to execute Law Enforcement Services Contract with the City of Monte Sereno and approve hiring four (4) part -time Community Officer Interns. The following people from the audience spoke to this issue: Bill Bil)dewicz, 170 Lester Lane, requested a complete breakdown on the costs associated with implementation of this agreement with Monte Sereno. He did not agree with the proposed agreement. Jim Huber, 14510 Blossom Hill Road, spoke against the agreement; and the cost to the Town. Egon Jensen, 182 Lester Lane, spoke against the proposal and the significant loss to the Town that be perceives this contract will cause. No one else from the audience addressed this issue. Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council adopt Resolution 1995 -110 entitled, RESOLUTION OF THE TOWN OF LOS Q&TQS AUTHORIZING THE TOWN MANAGER TO EXECUTE THE LAW ENFOR EMENT ERVI PS CONMCT WITH THE CITY OF MONTE SERENO AND APPROVE HIRING FOUR !4) PART-TIME OMMUNITY SERVICE OFFICER INTERNS Carried by a vote of 4 ayes. Mr. Blanton .voted no due to fiscal concerns. Council Comments: Mayor O'Laughlin spoke of economies of scale involving Los Gatos and Monte Sereno; the fact that the residents of both communities use the same schools; they participate in the same youth sports programs; they have shared interests in the recreation department activities; they have a communal downtown; and Los Gatos has historically shared the parks with its neighbor Monte Sereno. The partnership involving police services is natural and economically feasible TC:07AM080795 9 50 COUNCIL AGENDA DATE: 8/7195 ITEM NO. DATE: AUGUST 3, 1995 TO: MAYOR AND TOVQL CO FROM: TOWN MANAGE SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO SIGN LAW ENFORCEMENT SERVICES CONTRACT WITH THE CITY OF MONTE SERENO AND APPROVE HIRING FOUR (4) PART -TIME COMMUNITY SERVICE OFFICER INTERNS •uu I alaMT111091 Adopt resolution authorizing the Town Manager to sign Law Enforcement Services Contract with the City of Monte Sereno and approve hiring four (4) part-time Community Service Officer Interns. Authorize increase of $164,575 in revenue account#4030-45OXX. Authorize increase of$41,540in expenditure account #4030- 51107 (from $0 to $41,540). Authorize increase of $3,670 in expenditure account #4030 -52000 (from $0 to $3,670). BACKGROUND: The City of Monte Sereno has received contract law enforcement services from the Santa Clara County Sheriffs Department for the past 38 years. Earlier this year, the Monte Sereno City Council requested a proposal from the Town of Los Gatos. Staff had previously determined that there were direct cost and service benefits for the citizens of both communities achieved through economics of scale from such an agreement. A proposal was submitted and after three public hearings, the Monte Sereno City Council voted unanimously to award the contract to the Los Gatos Police Department. The contract requires an average of 80 hours of patrol and response to calls for service per week, follow -up investigation, dispatch and records services, and crime prevention programs. To off -set the time police officers are providing services in Monte Sereno, four (4) CSO Interns will be hired to handle Priority 3 calls for service which police officers are now handling. This is an hour -for -hour replacement at one -third the cost. � 1 r PREPARED BY Larry J. Todd Chief of Police LJT:sm Distribution: General Distribution and Egon Jensen Attachment: Resolution Revised: 814/95 12:10 pm a:knclrpWstaff.795 Reviewed by: ttorney Clerk Financ reasurer COUNCIL ACTION /ACTION DIRECTED TO PAGE MAYOR AND TOWN COUNCIL SUBJECT: POLICE SERVICES CONTRACT WITH CITY OF MONTE SERENO DATE: AUGUST 3, 1995 Town resident and former mayor Egon Jensen has expressed concern about the contract, raising questions about anticipated expenses. Citing 1994 activity records of the Santa Clara County Sheriffs Department, he reports that Sheriffs deputies spent 826 hours responding to calls for service in Monte Sereno. He assumed that these hours would be in addition to the 80 hours of patrol noted in the agreement. Mr. Jensen expressed concern over the disparity between the cost per capita of Los Gatos residents and Monte Sereno residents. The fact is that it costs far less to provide police service to Monte Sereno because it has no commercial structures, no parks, no hospitals, no courthouse, and only 1 elementary school. His recent review of calls for service was restricted to the Downtown area, and did not consider calls for service to these locations throughout the Town. Further, his analysis overestimates the cost of hiring four Community Service Officer Interns. Our contract proposal was developed on a full cost recovery basis. The Police Department' s regular budget consists of 86% for salaries and benefits (personnel) and 14% for materials and supplies, which includes all associated overhead costs such as office supplies, phones, electricity, gas, vehicle maintenance, equipment replacement, training, etc. The Monte Sereno contract is based on a total of $195,238 for the entire 1995196 fiscal year. The breakdowns are as follows: Descrioton Salaries /Benefits (Patrol) Salaries /Benefits (Other services) Materials /Supplies Total Amount Percentage $140,622 72% $ 26,299 .14% 28,317 14% $195,238 100% The salaries/beneffts (personnel) portion is $166,921 or 86% of the total amount, including $140,622 for the 80 hours per week (4,160 hours annually) of patrol and response to calls for service and $26,299 for all other services, such as administration, crime prevention, etc. The materials and supplies portion is $28,317 or 14% of the total amount. This approximates the same ratio as the current Police Department budget. To offset the 80 hours of patrol in Monte Sereno, the Police Department will add four (4) Community Service Officer Interns to handle Priority 3 calls for service. This reflects an licur- for -hour manpower replacement at approximately one -third the cost, with no reduction in police officer staffing. The contract will be prorated to a 10 -month period from September 1 to June 30. Future increases are limited to the percentage increase in total compensation provided to the Police Officers Association for the personnel portion of the contract and the percentage increase of the Consumer Price Index for the supplies and materials portion but not to exceed a total income of 7.5% per year. This ensures Los Gatos that cost recovery is sustained and protects Monte Sereno from future escalation of charges at a rate greater than our actual costs. ENVIRONMENT REVIEW: This project will not have an environmental impact pursuant to section 15061(b)(3) of the COEA guidelines. FISCAL IMPACT: The prorated revenue torten (10) months (Sept 1, 1995 thru June 30, 1996) is $162,698. Salary and benefit expenditures for four (4) part-time CSO Interns is $41,540 and $3,670 respectively for a total expenditure of $45,210. C,IrY OF MONTE SERENv p 19041 SARATOGA LOS GATOS ROAD MONTE SERENO, CALIFORNIA 95030 TELEPHONEi 408- 354 -7936 FAX: 408. 399.7953 Notice of Special Meeting NOTICE IS HEREBY GIVEN that the City Council of the City of Monte Serene will hold a special meeting on Tuesday, August 8, 1995 commencing at 8:00 a.m. in the City Council Chambers, Monte Sereno City Hall, 18041 Saratoga -Los Gatos Road, Monte Serene, California. Said special meeting shall be for the purpose of considering proposed Resolution No, 1646 approving and authorizing execution of an agreement between the City of Monte Sereno and the Town of Los Gatos for law enforcement services Dated: August 4, 1995 Andrea M. Chelennengos City Clerk RESOLUTION 1995 -110 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE THE LAW ENFORCEMENT SERVICES CONTRACT WITH THE CITY OF MONTE SERENO AND APPROVE HIRING FOUR (4) PART -TIME COMMUNITY SERVICE OFFICER INTERNS WHEREAS, the City of Monte Sereno requested proposal for providing law enforcement to the citizens of Monte Sereno; and WHEREAS, the Town of Los Gatos submitted a proposal in that competitive process based on a careful analysis of the actual costs and expenses involved in providing the service as proposed by the Town; and WHEREAS, the City of Monte Sereno held three public hearings and the City Council voted unanimously to award the law enforcement contract to the Los Gatos Police Department; and WHEREAS, the provision of such services will benefit the citizens of both communities because a single provider will be able to obtain efficiencies, personalization, and effectiveness while maintaining the individual identities of each community, RESOLVED: 1. The Mayor is authorized and directed to execute the Law Enforcement Services Contract with the City of Monte Sereno. 2. The Town Manager is authorized to employ four (4) additional part-time Community Service Officer Interns for the Los Gatos Police Department. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7th day of August, 1995 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Linda Lubeck, Mayor Patrick O'Laughlin NAYS: Steven Blanton ABSENT: None ABSTAIN: None SIGNED: /s/ Patrick O'Laughlin MAYOR OF THE TOWNOF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TOWN cLallg AGR• 9s. 99 ,_,- O�' AGREEMENT FOR LAW REZQ /5" /� lO BID; � � i fie• ENFORCEMENT SERVICES Rix. i qL BETWEEN THE CITY OF MONTE SERENO AND THE TOWN OF LOS GATOS This Agreement is entered into by and between the TOWN OF LOS GATOS ( "Los Gatos" hereinafter) and the CITY OF MONTE SERENO ( "Monte Sereno" hereinafter), both municipal corporations and general law cities located in the County of Santa Clara, State of California. A. REC.ITAr S 1. Los Gatos has its own police department and Monte Sereno does not. U. Monte Sereno desires to contract with Los Gatos to provide for police protection within its boundaries pursuant to this Agreement. III. This Agreement is entered into pursuant to provisions of Government Code Sections 55631 through 55634, and any and all other applicable authority. IV. Los Gatos and Monte Sereno desire to enter into a 29 year, ten month agreement effective September 1, 1995. NOW, THEREFORE, in consideration of the respective agreements herein contained, the parties hereto agree as follows: 1. FORATER AGREEMENT. Any agreements between the County of Santa Clara and Monte Sereno, as they pertain to law enforcement services, shall be terminated by Monte Sereno, as of the effective date of this Agreement except as to any duties, liabilities, or responsibilities incurred or arising out of the former agreements between the two agencies including, but not limited to, payment obligations, insurance, and defense and indemnity provisions as required thereunder. I July 28, 1995 (a) The City Manager of Monte Sereno shall have the general duty and responsibilities under this Agreement of providing the Chief with general policies relative to the furnishing of police services by Los Gatos within Monte Sereno subject to the provisions of this Agreement. (b) The Chief and the Chief's Staff shall have authority and control over the day to day operations and the procedural manner in which the policies shall be carried out. (i) The Chief, by June 1 of each year, shall submit to the Monte Sereno City Manager mutually agreeable performance measures. (ii) The Chief or a member of the Chief's staff will attend, based upon availability, Council and other appropriate meetings when requested to do so by the Monte Sereno City Manager. (c) In applying for any government law enforcement grants, Los Gatos shall offer participation therein to Monte Sereno, providing the necessary criteria are met. Gatos. (d) In this agreement the word "Chief" means Chief of Police of the Town of Los 3. SERVICE PROVISIONS. Los Gatos shall provide police protection services to Monte Sereno for and during the term of this Agreement and any extension or extensions thereof. Services shall be similar to those provided to Los Gatos and include the following: (a) The enforcement of State Statutes and Municipal Ordinances of Monte Sereno, except such Municipal Ordinances of the type which would require special training of officers, or of a type of enforcement of which is contracted for by Los Gatos within the Town. Nothing herein contained shall preclude enforcement by Los Gatos personnel of the above - excepted ordinances. (b) Patrol officer services for an average of 80 hours per week including traffic enforcement; (c) Community Service Officer services; (d) Follow -up investigations by detectives of all cases meeting the assignment criteria being used by Los Gatos; 2 July 28, 1995 (e) Twenty -four (24) hour per day communications service to include: (i) 9 -1 -1 service (ii) Police dispatching (iii) After -hours dispatching of non - police services (f) Police Records Specialist service; (g) The following special services when deemed necessary by the Chief or a member of the Chief's staff: (i) Police Reserve Officers (ii) Disaster Aid Response Team (iii) Critical Incident Team (iv) Special Investigations Unit (h) Participation in the following special programs: (i) Crime Prevention (ii) We C.A.R.E. (iii) Operation Hug (iv) OperationA.W.O.L. (v) Juvenile Diversion Program (vi) Traffic Safety Programs (vii) Courtesy Citation Program (viii) School Resource Officer (including Drug Education Programs) (ix) Other crime prevention programs offered by the Los Gatos Police Department (i) Coordination of police resources with Monte Sereno's Emergency Disaster Plan and in the event of a major disaster that necessitates the activation of an Emergency Operations Center in Monte Sereno, a Police Department representative shall immediately be dispatched and " report to the Monte Sereno Director of Emergency Services (City Manager). For the purpose of performing all of the services provided for in this Agreement, Los Gatos shall provide personnel, supervision, communications, equipment and supplies necessary to maintain the services to be rendered; provided, however, if in the sole judgment of the Chief 3 July 28, 1995 or any authorized member of the Chief's headquarters staff, an emergency arises in Los Gatos which requires temporary diversion of officers and vehicles from Monte Sereno, the same may be diverted to Los Gatos on an emergency basis, and to the extent emergencies in Monte Sereno require additional police support, the Chief or the Chief's staff may divert personnel and vehicles from Los Gatos to Monte Sereno for any emergencies. 4. AUTHORITY (a) The authority for assignment, control and discipline of Los Gatos officers and employees and other matters incident to the performance of services by Los Gatos under this Agreement, and the control of Los Gatos personnel shall remain with Los Gatos. (b) Monte Sereno shall designate the Los Gatos Chief as its Chief in order to satisfy the provisions of Part I, Division 3, Title 4 of the California Government Code (sections 36501, 5. (a) Monte Sereno shall not be liable for payment of salaries, wages or other forms of compensation to any Los Gatos personnel performing services hereunder, including personnel performing indirect services hereunder, such as police management personnel, watch commanders, background investigators, community service officers, police communications personnel and police clerical personnel. It is understood and agreed that for such purposes all such Los Gatos personnel performing either direct or indirect services to Monte Serene, hereunder shall be deemed employees of Los Gatos while acting in or for Monte Sereno pursuant to this Agreement. (b) Los Gatos shall maintain Worker's Compensation insurance covering all Los Gatos personnel performing servicespursuant to this Agreement. (c) Los Gatos shall indemnify, defend, and. hold harmless Monte Sereno, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations of Los Gatos and its employees as set forth in this Agreement. (d) Monte Sereno shall indemnify, defend, and hold harmless Los Gatos its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in 4 July 28, 1995 connection with, performance of the duties and obligations of Monte Sereno and its employees as set for in this Agreement. (e) Los Gatos and Monte Sereno shall each maintain its own liability insurance coverage, through self - insurance or otherwise, against any claim of civil liability arising out of the performance of this Agreement. (a) A year, for the purposes of this Agreement, is the period beginning on July 1st and ending on June 30th. The first Agreement "year" is an exception. It begins on September 1st and ends on June 30th. (b) Monte Sereno agrees to pay to Los Gatos as consideration for the services to be performed by Los Gatos an annual base amount of $195,238. The base amount is the sum of Los Gatos' evaluation of the cost of personnel, supplies, and materials, including overhead, for providing police service to Monte Sereno. (i) For the period September 1, 1995 through June 30, 1996, payment will be ten twelfths of the base amount, $162,698. For each agreement year beginning July 1, 1996, the base amount will be adjusted by adding or subtracting, depending on whether the change is an increase or decrease: (A) The percent change in total compensation provided to Los Gatos employees in the classifications represented, as of the date of this Agreement, by the Police Officers Association, in accordance with the then - current, Los Gatos Town Council- Approved Memorandum of Understanding, and (B) The percent change in the cost of supplies and materials. The parties shall use the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index, All Items, All Urban Consumers, San Francisco - Oakland -San Jose, 1982 -84 -100 index, rather than actual cost, to calculate changes in the cost of supplies and materials. The index used shall be that issued for April of each year. The beginning index (April, 1995) is 151.5. (C) For the personnel portion of the total annual payment, the base amount for calculating changes is $166,921; for supplies, materials and overhead the base amount is $28,317. 5 July 28, 1995 (ii) In no event shall the annual increase exceed 7.5 percent. By June 1, 2000 and June 1 preceding the end of each five year period thereafter, the parties shall reevaluate the 7.5 % annual limit on increases and agree upon whether an adjustment is appropriate for the next five -year period. (iii) No other costs of any kind, including but not limited to capital projects, construction, equipment, or unforeseen personnel actions, will be added to the cost of the services unless this Agreement is otherwise modified in accordance with paragraph 6(d) below. (c) Los Gatos shall provide to Monte Sereno a monthly statement for 1/12 of the annual sum, as specified, for such services provided and the same shall be due and payable on or before the fifteenth day of the month next succeeding the month during which any such statement is mailed or delivered. All such statements shall be delivered to Monte Sereno as is specified in paragraph 8(b) of this Agreement. (d) Crime laboratory fees, booking fees, and fees associated with the Santa Clara County Automated Fingerprint System (Cal ID), charged by the County of Santa Clara, or any other city, county or state agency, for incidents originally occurring in Monte Sereno shall be paid by the City of Monte Sereno, directly to the County of Santa Clara or applicable public agency and are not included in this Agreement. (e) The level of services set forth herein may be increased by written supplement to this Agreement executed on behalf of both parties after approval by each City's Council as of the first day of any month during the term hereof, or any extension or extensions thereof. In such event, the computation of monthly costs for services shall be adjusted accordingly and reflected in the statement for services rendered during any and all months until a subsequent such adjustment is agreed upon by a further written supplement. (f) Pursuant to paragraph 6(a) above, on or before May 1 of 1996, and of every year thereafter, the Chief shall present to the Town Manager of Los Gatos and the City Manager of Monte Sereno any cost adjustments that will occur as of July 1, because of contractual changes in employee salary and/or benefits, inflation, or other cost changes, and the Consumer Price Index, necessary to continue the level of service provided herein. The Chief shall determine the cost adjustment resulting from such changes, and report this to the City Manager of Monte 6 July 28, 1995 Sereno. The Chief and the City Manager of Monte Sereno shall also review the current level of services, and determine if there should be any changes in that level. (g) Any and all property acquired under and pursuant to this Agreement whether by government grant funds or otherwise, shall be and at all times remain the property of Los Gatos without any division or distribution thereof upon termination of this Agreement, except as otherwise agreed upon in writing. (h) The consideration provided to be paid to Los Gatos will not result in any surplus money and no monies shall be subject to refund to Monte Sereno at any time during or after the termination of this Agreement, unless there be overpayment made based on mistake. (i) Monte Sereno may elect to financially participate in the Allied Agencies Narcotics Enforcement Team (AANET), in which case Monte Sereno can receive a proportionate share of the Asset Seizure funds derived from that program. This Agreement shall be effective September 1, 1995, and be operative through June 30, 2025, subject to the following cancellation provision: either Los Gatos or Monte Sereno may unilaterally with or without cause cancel this Agreement upon at least ninety (90) days written notice to the other party. This Agreement may also be canceled or amended as of any date by written mutual agreement of both parties. S. MISCELLANEOUS (a) No person is intended to or shall be a third party beneficiary to this Agreement. (b) Any notice required by this Agreement shall be mailed or delivered to the Town of Los Gatos at 110 E: Main Street, Los Gatos, California 95032, Attention: Chief and to the City of Monte Sereno, 18041 Saratoga -Los Gatos Road, Monte Sereno, California, 95030, Attention: City Manager. A party's address may be modified by addressee's giving written notice of such modification to the other party calling specific attention to this Agreement. (c) If any provision of this Agreement shall be held to be invalid, such provision shall be severable and such invalidity shall not impair the validity of any other provision of this Agreement. (d) The waiver of either party of any breach or violation of any term or condition of 7 July 28, 1995 this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent reach or violation of the same term or condition. (e) In any legal action or proceeding brought for enforcement of this Agreement, the successful parry shall be entitled to recover reasonable attorneys fees and other costs incurred in that action or proceeding, in addition to any other relief to which the successful party may be entitled. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the last day and year set forth below. CITY OF MONTE SERENO Dated: Ma or, City/of Monte t � no ATTEST/: 2J City Clerk, City of Monte Sereno AS RM: Attorney, City of onte ereno ,tvx�teJm�oxm.err TOWN OF LOS GATOS Da 5 Sy: Town Manager, Town of Los Gatos ATTEST: Town Clef Los Gato AS TO CORM: To A rney, own of Los Gatos July 14, 1995 RESOLUTION N0.1646 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MONTE SERENO AND TOWN OF LOS GATOS FOR LAW ENFORCEMENT SERVICES RESOLVED, by the City Council of the City of Monte Sereno, County of Santa Clara, State of California, that WHEREAS, the City Council has read and considered that certain "Agreement for Law Enforcement Services" (herein called the "AGREEMENT ") , between the CITY OF MONTE SERENO and the TOWN OF LOS GATOS wherein it provides for the furnishing of police protection services by the TOWN OF LOS GATOS to the CITY OF MONTE SERENO; and WHEREAS, the City Council having been fully advised in the matter and being satisfied that said Agreement is fair and reasonable, NOW, THEREFORE, IT IS HEREBY FOUND, ORDERED AND DETERMINED as follows: 1. The City Council hereby finds that it is in the best interests and welfare of the City and its residents to enter into an Agreement whereby police protection services would be provided by the Town upon the terms and conditions set forth therein. 2. The City of Monte Sereno hereby approves the Agreement. 3. The City of Monte Sereno shall enter into, and the DC Mayor and City Clerk thereof be, and they and each of them hereby is authorized and directed on behalf of said City, respectively, to execute and attest the Agreement. REGULARLY passed and adopted this 8th day of August 1995. ATTEST: ANDREA M. CHELEMENGOS, CITY CLERK By 1x e'd / I aAm 2C � The foregoing instmMWA h O COrled of the Ong" fJnfllN/1NG�e Attest Gay Clerk By Dated 5 —2— r MAYOR ATTEST: ANDREA M. CHELEMENGOS, CITY CLERK By 1x e'd / I aAm 2C � The foregoing instmMWA h O COrled of the Ong" fJnfllN/1NG�e Attest Gay Clerk By Dated 5 —2— r August 7, 1995 Los Gatos, California HEARINGS CONTINUED HAZARDOUS WASTE FACILITIES /ORDINANCE /HEARING (30.07) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider an amendment to the Town Code to require consistency between Town land use decisions and the Santa Clara County Hazardous Waste Management Plan (Zoning Ordinance amendment A- 95 -1). This matter will not have a significant impact on the environment, and is, therefore, exempt from the requirements of the California Environmental Quality Act. Applicant: Town of Los Gatos. There was no one from the audience to address this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Council consensus to return this item to Council September 5, 1995, with alternatives delineated in staff report. LAW ENFORCEMENT SERVICES /CONTRACT /CITY OF MONTE SERENO COMMUNITY OFFICER INTERNS/RESOLUTION 1995.110 (31.09) Mayor O'Laughlin stated that this was the time and place duly noted to consider adopting resolution authorizing the Town Manager to execute Law Enforcement Services Contract with the City of Monte Sereno and approve hiring four (4) part-time Community Officer Interns. The following people from the audience spoke to this issue: Bill Bilkiewicz, 170 Lester Lane, requested a complete breakdown on the costs associated with implementation of this agreement with Monte Sereno. He did not agree with the proposed agreement. ° Jim Huber, 14510 Blossom Hill Road, spoke against the agreement, and the cost to the Town. Egon Jensen, 182 Lester Lane, spoke against the proposal and the significant loss to the Town that he perceives this contract will cause. No one else from the audience addressed this issue. Motion by Mr. O'Laughlin, seconded by Mrs. Lubeck, that Council adopt Resolution 1995 -110 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE THE LAW ENFORCEMENT SERVICES CONTRACT WITH THE CITTY OF MONTE SERENO AND APPROVE HIRING. FOUR (4) PART-TIME COMMUNITY SERVICE OFFICER INTERNS. Carried by a vote of 4 ayes. Mr. Blanton voted no due to fiscal concerns. Council Comments: Mayor O'Laughlin spoke of economies of scale involving Los Gatos and Monte Sereno; the fact that the residents of both communities use the same schools; they participate in the same youth sports programs; they have shared interests in the recreation department activities; they have a communal downtown; and Los Gatos has historically shared the parks with its neighbor Monte Sereno. The partnership involving police services is natural and economically feasible TQD7:MMD80 -M Enclosed: I Monte Sereno Newsletter II An analysis of Los Gatos proposal III Letter dated July 19 to L.G. Manager I L.G. answer to letter dated July 19. U A letter dated Aug. 5 to L.G. Manager UI Copy of page 60 from Los Gatos budget UI I A chart showing the cost of law enforcement in selected cities. Sgon9esue4 182 Lester Lane, Las Gatos, GZ 9503Y2738 Telephone 498-356-2660 FOX 408 358 -2039 ... 1WI. SW. TPG4 -LOS lsAWS.80AD, CA DS030 . (408) 354-7635 VOLUME-95, JULY 1$95, GIFY* CONSIDERS !' GATOS FOR • TE`T :SIC EP R•O. C ION. •. . :. Ins Gatos Police.Department has also studied the need'ror', 0 Ii 10 tlsuIN. on July 18r 7:30, pm a faciiity okpan$ian "in the next 5- to'yeara." The proposed' . 1Munti &erepo'Cky'N1nil `. dontfact with I,os,Gatos stipulates Met Monte Serene ki " not be fequired to share future costs for a Log Gatos faculty, Magid 6 c/tyre- evalue a its.law' nforcement• or otherda itelcosts. y. P rQAS? AW. more. lM ,ortdhtly, What•are'the Eve/uatinu.Crilede rgyfq,gpr)S /!jQ/_ls!lien �� IjUatin t)iat Clly's laW_ Before evaluating the. Los Gatos p�opgsai, Coundiplegrger5 .' Ra0"hr agency contract '' -. were asked to list the most:Important feotors -the�i would` consider in evaluating law enforcement sarWces, A,olear , r'., p.rethe- issues•thitia eM66te'Sere'n6CJtyCounell has. . idantifioatldn.of.these factors was imp orient. in order to LV9J I .' for tha {cast few mongis:'Monte Sefeno• has collect and analyie information In an unblased manner, Fie. _cOntracling wlih the Santa Clara.C'ounty Sheriff a tors included In the Cogncll's evaluation were:. V.gyeam enjoying flexible, "pay.as* you -go "terms. Itli y iioweyer,.lhat.Morlte Serene will he•asged to join of Service: Annual cost, Including any capital Jnvest- r: dlMiflrltSlaarifPsoontrapt6itiasofCupertino , Saratoga and mants. Maximum oust increase each year• Affect on City reserves. Affect an Special ' tax tate paid by residents to lolt"�Itfii Hills lil sharing the cost of a new Westaide'Sub- supplement the cost for law enforcement In Mon {B Seteno ih 8alatvgtr (U1e existing facility is inadequate, and . (currently $12i50). ilffllstruotloo lt;Jhe mosl' cost- effaulivb alternative), 9albers have been aQviaed that the one -time con= Service Gvverege: Number of service hours dedicated, to .., ,. , ufi.of'iipproximatefyss2,gtiti should be considered a Monte'•Sereno, Consistency id officers assigned, Response Investment in'dur;relationship with the County time. 911 Service. 4.11 ..These funds would be non - refundable, Ii Monte o w9te to choose to contract with anotilei•police' .' •' Quality o� Service: Staff rjualifications,.experieno@ and y in.tha.fgture.., ttalning. Responsiveness to community, City Manager arld .; • r, _ atll8 %QP:CIty'S first hi- depfh, Study City Council. . lsffeotivenassr, Crime trends. Special programs fdryouth, ` ffereno Cvunol4membafs agree that the City has been crime :Prevention. 'drianted hiioso of the P y P . PhY 0 with services.recpived from the Sheriff over the.' .law enforcement organixatidn• 4utconiwrred-wiih Mayor Pamela Bancroft's feelings: Study ResuJtsr '. " - kWClrld b raw uyirmipcaibie'not to explore alter - over the past twu.months, the •City has collected and alts -• ' 061isiderr'eg a 562 000 draw on tarty reserves to bulld lyzed a great.deal of data from both the Los .Gatos Feline . 'c Slalfiirsubstation , Department and from the Sherift City staff has also consufted ,+WIL Ht§ Copncff asked the Town of ins. Gatos for a Edith law'eriforcement professionals from other agendies fgrGQttlentpldpasalinMarch ,TheTowncomplied,and throughout dleprocess, to -conflrm.thetwe ire cGrisiderintr •e daielled plan for police protection. This is not the all variables needed for an eff eotlde law enforoetnent Oro - tl 1�gi I4iatMontsSe' renohA'sconsideredcontractingwith gram. The final staff report -for tfie July .l8 Weetingavlll be . 'pGQstOs-Polloe= proposals have been offered severol times avaltab'le to anyone interested. Please call 864-7835, or stop ' In'be piise' "trios[ recently in 1.592. by City.Hall for a copy of the report An analysis of the proposal for the TOWN OF LOS GATOS to provide Police Protection to the CITY OF MONTE SERENO The Information from which this analysis is based is eelracied from the proposed budget 95/96 Town of Los Gatos, the log of the Sheriffs Department, County of Santa Clara and the proposal by the Town of Los Gatos to the City of Monte Serena, dated Mau 5, 1995. The data In this document has been compiled by Egon Jensen, Los Gatos. On argument to justify the difference in providing law enforcement to Los Gatos versus Monte Sereno is that Monte Sereno does not have a " Down Town." I requested from the Los Gatos Police Department information regarding service to patrol activity and response to calls in Los Gatos. Similar information for activities in the City of Monte Sereno was readily obtained from the Sheriff Department. Unfortunately the Los Gatos P.D. records is in the process of being computerized, thus not available. As second best I perused the so called " Press Log " I checked the log entries, spread out over a week. I learned, much to my surprise only 20.33% of the entries was generated in the Down Town area, in addition the report also showed 3.72% a response to a call from Town Center. It's assumed it would be citizen's placing a call using the red phone. In other words it appears the Down Town area does not create the big pressure on the P.D. as one might think. Another issue we do not hear about is the 911 service, how will the the calls from Monte Sereno affect the 411 service ? The Town of Los Gatos proposal contains a number of services Los Gatos P.D: will provide to the City of Monte Sereno. The services proposed, includes an around -the -clock patrol service, 80 hours a week for a total of 4160 hrs per year. Cost for this service, $ 35 /hr. excluding sick leave, vacation & training. In addition Los Gatos will hire four additional Committee Service Officers interns (LSO's) at a cost of $ 52,000.00 a year. Los Gatos will provide Criminal Investigations: In the calender year of 1994 the Sheriff Department responded to 169 calls, relating to criminal activities. The Department's log shows Sheriff's Deputies used 134 hrs to respond to the calls, originating in the City of Monte Sereno. Traffic Investigations: During 1994 the Sheriff Department's units was dispatched to answer 38 calls relating to traffic. Hours used 33 hrs. Incidents involving Minors: The calls to the Sheriff Department for incidents involving was for 1994 14 calls. Hours spend on the 14 calls amounted to 11 hrs. Miscellaneous incidents: In 1994 the Sheriff Department received 890 calls, classified as "Miscellaneous incidents" total hours required to answer these incidents, 456 hours. Other calls: Incidents involving Animals and Police aid/ assistance, total calls for these categories 403. Hours amounts to 192. These services totaling 826 hours was provided by the Sheriffs Department to the City of Monte Sereno in addition to a regular patrol. It must be assumed this services will be continued by the Los Gatos in addition to the proposed 80 hours per week patrol service. 0 0 06 M N H 69 00 C)0 0 00 OOOvi in 00 O p06Ntn l H � m r N S g �oHrnr inM Sy' N Lr d -e , W X0 67 (SNj WX 64 64 a� @)7 q° �J O Iti M 0� u hM00 @� q �� @) vi @) ca fy \ H •� o ^ v a ±vgy�_am HLo on 2 N o sj q � P 'l� p on p O � � bn ,-� •� N O U O > ❑O O a V h U CIO aE�O F+ H O v v 0 s 0 N r O r v N q a� Q rte+ pO cd v 7 V a w 0 v � �b on y h v v O q � 'd N v o � as v u 3 9 0 O V V cu cm E CD t9 v a7 y Ey d C � M w m O y Q1 O C is i+ LO �f. U) L J y m c E c d O^ O� w O C *+ O 9 Q O H E �o d a� ro E m r (D N E co p F, r 06 CIOQi 3 N aw m N Cl. a N � E P: : co a� CI. 0) E OR (0 � N Vi d 7 'E u u CL r CL a o 0 Am N N a A u A E 0 m � c m E E_N H �* N O u u a tv _ n d A d �= e d m m E E H C N R Yom- W u m o � m E E r H o m m r N r c m ma r 9 t e 0 °� d c 0 N m Lt N a C N r C 0 E U a O OE r T C r O N E O •- L T E O 0 _N A (d ro > 7 c�U o v ° ca N a% N E � c O U (YC Y N L = m E o oY 2 a) O O U o awn Z- v a c CD a L E co N y 'O L CD 0 E '° !0 c O O c w i O d 07 H C O � C O 4 y m cu O L � T w� O CP .1� r C cu 47 0 .0 Q M vl E N .0 E N E O h O r Cl ; C m E I- N d 'E 9 C O a N E o � u Y Y O H G Y 9 C 0 a '6 N a� ro C m E m LO E c6 am m d u Q d � d mE= O u O C Y d cu tm E c d _ N d m u � N C Y 9 7 _r, i. w�. Mr. David Knapp Manager, Town of Los Gatos. Page 1 July 19,1995 Dear David. As you know I have been following the proposed proposal from the Los Gatos Police Department to the City of Monte Sereno for providing law enforcement with great interest. What caught my attention was the mention in a news -paper article the difference in cost per capita between the cost in Los Gatos and the proposed cost to Monte Sereno. I have been trying to estimated the cost of the proposal to Monte Sereno. I find it impossible to come up with of s o w s, are we in Los Gatos being asked to subsidize the os a tG o t ? Maybe, I am missing somet in aeYr:g�of, ct'' igures. In order to get a clear understanding of the c le pr ;'.r °;; to nformation of cost of the proposed services: 6. Juvenile Diversion Program 7. School Resource Officer 8. Operation AWOL 9. We C.A.R.E. 10. Operation Hug 11. Traffic Safety Programs 12. Courtesy Citation Program cost/yr. $ cost/yr. $ costryr. $ cost/yr. $ cost/yr. $ cost /yr. $ cost/yr. $ The above mention programs are mention in the proposal dated May 5, 1995. man 1. 80 per week dedicated patrol service oostlyr. $ 2. Hiring four CSO's interns cost /yr. $ 3. Criminal investigation costryr. $ 4. Traffic investigation cost/yr. $ 5. Crime Prevention cost/yr. $ 6. Juvenile Diversion Program 7. School Resource Officer 8. Operation AWOL 9. We C.A.R.E. 10. Operation Hug 11. Traffic Safety Programs 12. Courtesy Citation Program cost/yr. $ cost/yr. $ costryr. $ cost/yr. $ cost/yr. $ cost /yr. $ cost/yr. $ The above mention programs are mention in the proposal dated May 5, 1995. Page 2 In addition please provide the following information. Cost of. A. Overhead cost Material /Supplies B. Training, sick leave, vacation etc. C. Liability Insurance cost/yr. $ cost/yr. $ cost/yr. $ Your help in obtaining this information will be greatly appreciated. Yours truly Ir EGON JENSEN c.c. Members of Los Gatos Town Council, COUNCIL AGENDA DATE: 817/95 ITEM NO. l TOWN OF LOS GATOS r COUNCIL AGENDA REPORT DATE: AUGUST 3, 1995 TO: MAYORANDTOW COUNCIL FROM: TOWN MANAGE SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO SIGN LAW ENFORCEMENT SERVICES CONTRACT WITH THE CITY OF MONTE SERENO AND APPROVE HIRING FOUR (4) PART -TIME COMMUNITY SERVICE OFFICER INTERNS RECOMMENDATION: Adopt resolution authorizing the Town Manager to sign Law Enforcement Services Contract with the City of Monte Sereno and approve hiring four (4) part -time Community Service Officer Interns. Authorize increase of $164,575 in revenue account #4030- 450XX. Authorize increase of $41,540 in expenditure account #4030- 51107 (from $0 to $41,540). Authorize increase of $3,670 in expenditure account #4030 -52000 (from $0 to $3,670). BACKGROUND: The City of Monte Sereno has received contract law enforcement services from the Santa Clara County Sheriffs Department for the past 38 years. Earner this year, the Monte Sereno City Council requested a proposal from the Town of Los Gatos. Staff had previously determined that there were direct cost and service benefits for the citizens of both communities achieved through economics of scale from such an agreement. A proposal was submitted and after three public hearings, the Monte Sereno City Council voted unanimously to award the contract to the Los Gatos Police Department. The contract requires an average of 80 hours of patrol and response to calls for service per week, follow -up investigation, dispatch and records services, and crime prevention programs. To off -set the time police officers are providing services in Monte Sereno, four (4) CSO Interns will be hired to handle Priority 3 calls for service which police officers are now handling. This is an hour - for -hour replacement at one -third the cost. f I =fl PREPARED BY: Larry J. Todd Chief of Police LJT:sm Distribution: General Distribution and Egon Jensen Attachment: Resolution Revised: 8 /4195 12:10 pm a:lcnclrptslstaff.795 Reviewed by: ttomey Clerk_Financ reesurer_ _ COUNCIL ACTION /ACTION DIRECTED TO: /fuv,xa4 Mr. David Knapp Manager, Town of Los Gatos. Page 1 of 2 August 5,1995 h / F,1- Dear David. I have received a copy of the report, containing an analysis of my letter, dated July 17, 1995. I still do not understand how the Los Gatos Police Department has been able to to come up with the cost figure for providing service to Monte Sereno, I assume the cost figure include the supervisors, such as the head of the Department, the Captain and Sergeants. Based on the figures found on page 60 in the budget of the Town of Los Gatos the salaries for just the Patrol Division is $1,781,770. plus benefits of $625,760. for a total of $2,407,530. This comes to an average hourly cost for the sworn personnel in the Patrol Division of $39.91. I have gone back and recalculated the proposal. I wish the Police Department would have been able to furnish me a copy of activities, relating to law enforcement in the Town of Los Gatos, it makes it a little difficult to draw a complete and true picture of the situation. On the other hand the Sheriff's Department has made the log for Monte Sereno available to me. Having the log in front of me has enabled me to have an idea of what kind of enforcement is required in the City of Monte Sereno. As a matter of fact, I do not understand how Los Gatos could prepare the proposal to Monte Sereno without considering the log showing the law enforcement in Los Gatos and Monte Sereno. Page 2 of 2 Patrol service 80 hrs. /wk. Cost $166,035.00 Materials/ Supplies 14 % Cost $ 23,245.00 Adding 4 CSO's interns" Cost $ 67,650,00"" Total $ 256,930.00 *I included the cost of the CSO's intems as their hiring is contingent upon the contract between Los Gatos and Monte Sereno will become a fact. Otherwise they are not needed. "The cost figure for the CSO's are found on page 68 & 76 in the proposed budget 1995/96 for the Town of Los Gatos. The above figure gives us a deficit of $ 61,952, just for the proposed basic service. The proposed contract calls for other programs for which no cost figures are available. As a result of the above I suggest a third party be given the task to analyze the proposal and the material on which the proposal was written. In any case if and when the contract is signed the cost of providing the service should be monitored very close on a month to month basis. Sincerely Yours Egon Jensen cc Mayor and members of the Town Council, news media. - - POLICE DEPARTMENT ----------- -- ------- - - - - -- - --------------------- o PATROL The Patrol Program is staffed seven days per week, 24 hours per day for response and police assistance on all calls for service. The program provides preventive and enforcement actions designed to increase community safety through directed patrol and crime suppression activities. ------------------------------------------------------------------------------------------------------ PROGRAM BUDGET . ------------------------------------------------------------------------------------------- --- - - - - - -- Total Salaries & Benefits $ 2,407,520, Total number of sworn officers 29 Number of working hr/year 2080 hrs. $ 2,40752029 = $ 83,017 yearly salary $ 83,0172O80hrs =$ 39.911hr. .1 1993.94 1994 -95 1995 -96 1995 -96 EXPENDITURES ACTUAL BUDGETED PROPOSED. ADOPTED Salaries 1,647,070 1,554,840 1,781,770 1,781,760 Benefits 560,960 595,910 616,720 625,760 Materials 160,220 165,330 278,340 278,340 Capital 45,820 Transfers TOTAL $ 2,414,070 $ 2,316,080 $ 676,830 $ 2,685,860 ------------------------------------ ------ ----------------- - - - - --- - - ---- ------- --- --- -- ---- -- -- -- --- PROGRAM STARTING - - ----------------------------------- ----- ------------- -- -- - - -- -- 1993.94 1994 -95 1995 -96 1995 -96 CLASSIFICATION ACTUAL BUDGETED PROPOSED DA OPTED Police Captain .00 1.00 1,00 1.00 Police Sergeant 6.00 6.00 6.00 6,00 Police OtJicer 19.00 22.00 22.00 22.00 CSO Intern (P/r -Jailer 2 positions) 2.00 TOTAL FUNDED POSITIONS 28.00 29.00 29.00 Total Salaries & Benefits $ 2,407,520, Total number of sworn officers 29 Number of working hr/year 2080 hrs. $ 2,40752029 = $ 83,017 yearly salary $ 83,0172O80hrs =$ 39.911hr. .1 VIP, s `O ni z tLy� t m lee 1 i ve 1 ��F F 2 OFFICE OF THE TOWN CLERK AGR d l ,74Gl J IHH ORD FIRST AMENDMENT TO AGREEMENT FOPREC LAW ENFORCEMENT SERVICES BETWEEN RESO THE CITY OF MONTE SERENO d 9r g7 AND THE TOWN OF LOS GATOS This First Amendment to Agreenjent for Law Enforcement Services (the "Amendment ") is entered into on this day of �2�. , 2001, by and between the City of Monte Sereno ("Monte Sereno ") and the Town fiflos Gatos ("Los Gatos "), both California municipal corporations located in the County of Santa Clara, California. RECITALS A. On September 1, 1995, Monte Sereno and Los Gatos entered into an Agreement For Law Enforcement Services (the "Agreement") wherein the Los Gatos police department contracted to provide police services for Monte Sereno. B. Both parties desire to amend the Agreement by entering into this Amendment to provide for a change in limitation on annual increases in salary and by extending the time required for cancellation of the Agreement. AGREEMENT Subsection (b)(ii) of section 6 of the Agreement entitled "COST PROVISIONS" is hereby amended to read as follows: "(ii) In no event shall the annual increase exceed 8.0 percent between July 1, 2001 and June 30, 2006. By June 1, 2006, the parties shall reevaluate the 8.0 percent annual limit on increases and agree upon whether an adjustment is appropriate for the next five -year period." 2. Section 7 of the Agreement entitled "TERM" is hereby amended to read as follows: "7. TERM AND AMENDMENT This Agreement shall be effective September 1, 1995, and be operative through June 30, 2025. Notwithstanding the aforementioned term, this Agreement may be cancelled by either party, with or without cause, upon written notice to cancel to the other party as provided in section 8(b). To be effective, notice shall be provided not less than twelve months prior to the date the cancellation is to become effective. This Agreement may be amended by the written agreement of both parties." Except as provided in the Amendment, all other provisions of the Agreement shall remain the same. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day and year set forth above. City of Monte Sereno Town of Los Gatos Date: �IIII ATTEST: ATTEST: City Clerk Cleik. 7;;L AS TO FORM Town Attorney