Addendum BMEETING DATE: 06/16/15
ITEM NO: 12
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cos cnog COUNCIL AGENDA REPORT ADDENDUM B
DATE: JUNE 15, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: LES WHITE, INTERIM TOWN MANAGlit
SUBJECT: POLICE SERVICES AGREEMENT BETWEEN THE TOWN OF LOS GATOS
AND CITY OF MONTE SERENO
A. AUTHORIZE THE INTERIM TOWN MANAGER TO EXECUTE A TEN
YEAR AGREEMENT FOR POLICE SERVICES BETWEEN THE TOWN
OF LOS GATOS AND CITY OF MONTE SERENO IN THE AMOUNT OF
$812,800 FOR FY 2015 /16, INCREASING ANNUALLY THEREAFTER
B. AUTHORIZE A FY 2015/16 BUDGET REVENUE ADJUSTMENT OF
$140,000 IN CONSIDERATION OF THESE ADDITIONAL REVNUES
REMARKS:
After the initial Staff Report was distributed on June 11, 2015, Staff received inquiries from
Council which are addressed below.
Also provided in Attachment 4 is public communication which was received after the Staff
Report was distributed.
1. Item 12: LGMSPD Contract Amendment/Extension: Shouldn't Paragraph 1.(c)
say "The Chief of Police of Los Gatos and his or her staff..."???
Answer: Yes, the proposed agreement should reflect "The Chief of Police of Los Gatos
and his or her staff... " Should Council accept staff's recommendation to approve the
proposed agreement, staff will incorporate this change into the final agreement.
2. Why is there an initial 3 year no- cancellation provision?
Answer: The City of Monte Sereno requested an initial 3-year no cancellation agreement
to provide their community members with assurance that police protection would
continue in a similar manner as in the past. They also expressed a concern about the
PREPARED BY: STEPHEN CONWAY
Finance and Administrative Services Director
Reviewed by: UffAssistant Town Manager 4+ own Attorney -,V Finance
NAvIGRWdminWorkFiles\2015 Council Reports\Jme 16U'olice Services Addendum B.docx ��
PAGE 2
MAYOR AND MEMBERS OF THE TOWN COUNCIL
SUBJECT: POLICE SERVICES CONTRACT BETWEEN THE TOWN OF LOS GATOS
AND CITY OF MONTE SERENO
JUNE 15, 2015
Town contracting out services and therefore the three-year no cancellation provided
them with a comfort level that Police Services would exist under this model for three
years.
Upon discussion and consideration of this request, staff determined that any change in
service model that the Town of Los Gatos may shift too will require significant time for
analysis of the best model for the Town, transition, in terms of workforce reductions,
determination ofservice levels, negotiations with contracting agencies and any possible
absorption of staff, disposition of equipment and facilities, impact on highly valued
volunteer services, evaluation and comparisons of contract proposal costs and services to
current service, public meetings and hearings, etc. It is most likely that such a change in
service model would be a multi year process.
However, staffrecognizes that there could be a more immediate reduction in police
services which would require reconsidering and negotiating a change in service levels
provided to Monte Sereno. As discussed above, section 5(g), page 14 of the staff report
allows for negotiating amended terms to the agreement in the event of a "substantive
change in personnel costs to the Town of Los Gatos, including a reduction in police
department workforce... " These negotiations may occur at any point, regardless of the
three year no- cancellation provision. The Agreement further provides in Section 6 (b)
that after the initial three year period the agreement could be cancelled with a one year
notice.
3. On page 6, Alternative C, you list one of the disadvantages will be "pulling apart the
current joint emergency preparedness with appropriate reassignments ". Can you
provide more explanation for me? Do we currently rely on Monte Sereno for some
of our emergency preparedness?
Answer: Regarding the EOC, included as a flat rate in the contract is a share of the cost
to maintain the facility. The primary reason for this cost being included in the agreement
is to document what has been the working relationship for some time where Monte
Sereno jointly trains with Town staff, Monte Sereno City Manager shares the facility
during emergencies that cross boundaries, and Monte Sereno uses our equipment in
terms of the training laptops, etc. The City Manager of Monte Sereno had this as a high
priority inclusion in the agreement because of its importance to the city and Town staff
felt that inclusion would be a mechanism to formalize the use of the EOC by Monte
Sereno. It should be noted that the Town of Los Gatos does not rely on Monte Sereno for
any of our emergency preparedness; however training to date has been in conjunction
with Monte Sereno.
4. Does Monte Sereno collect a parcel tax for law enforcement services and if so how
much?
Answer: As outlined Monte Sereno's Proposed FY 2015116 Operation Budget, the City
collects a Law Enforcement Tax of $150 per parcel. For FY 2015116 Monte Sereno has
PAGE
MAYOR AND MEMBERS OF THE TOWN COUNCIL
SUBJECT: POLICE SERVICES CONTRACT BETWEEN THE TOWN OF LOS GATOS
AND CITY OF MONTE SERENO
JUNE 15, 2015
budgeted the Law Enforcement Tax revenue resulting from this parcel tax to be
$183,150.
5. Please provide the current Law Enforcement Service Contract and Amendments
between Los Gatos and Monte Sereno.
Answer: The current agreement for Law Enforcement Services between the Town of Los
Gatos and City of Monte Sereno was previously provided as an attachment to the Staff
report dated February 17, 2015 and April 21, 201. The current agreement and
amendment are included again as Attachment 3 for reference.
Attachment 1 (Previously received with Staff Report on June 11, 2015):
1. Proposed Agreement for Law Enforcement Services Between the Town of Los Gatos and
City of Monte Serene,
Attachment 2 (Previously received with Addendum on June 12, 2015):
2. Public comment received from 11:01 am Thursday, June 11, 2015 through 11:01 a.m. Friday,
June 12, 2015
Attachments received with Addendum B:
3. Los Gatos /Monte Sereno Law Enforcement Service Contract and Amendment
4. Public comment received from 11:01 am Friday, June 12, 2015 through 11:01 a.m. Monday,
June 15, 2015
TOWN CpL,E�-RKq
A(YREEMEN E v FOR LAW REGO_ 975 /IO
SID:2Q1.9 Leo a;o
ENFORCEMENT SERVICES RE�5c
BETWEEN THE CI'T'Y 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.
t
1. Los Gatos has its own police department and Monte Sereno does not.
11. Monte Sereno desires to contract with Los Gatos to provide for police protection
within its boundaries pursuant to this Agreement.
M. 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.
UjF.X"13-"ir,tDj ►Y
NOW, THEREFORE, in consideration of the respective agreements herein contained, the
parties hereto agree as follows:
1. FORMER 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, 1885
ATTACHMENT 3
(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 Serena 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
(ii) 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:
0)
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)
Operation A.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 Seren0 for any emergencies.
4. AUTHORrT
(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,
et seq.),
5. LIAB STY AND INSURANCE PROVISION
(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 Sereno 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 indemn4, 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. Tire 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 he 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, hooking 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.
UNEWU9,
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.
8. AIISCELLANEOUS
(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 MONl'E SERENO
Dated:
Ma. 4,or, Ci of Monte n.
ATpTESST/:
y/ ^ / ^ //A
City Clerk, City of Monte Sereno
AS RM:
Attorney, City of onte ereno
ILlTH.4 WM IATY
TOWN OF LOS GATOS
Dat e % -
By:
Town Manager, Town of Los Gatos
ATTEST:
Town Clerk, Town of Los Gato
AS TO FORM:
To A rney, own of Los Gatos
July 14, 1995
r }7rE OF 911-F, T01VIN Ct f.hl;
AG, R. -
MH
FIRST AMENDMENT TO AGREEMENT FORREC
LAW ENFORCEMENT SERVICES --
BETWEEN pFgn —�=- ? __
THE CITY OF MONTE SERENO 61'
% y7
AND
THE TOWN OF LOS GATOS
This First Amendment to Agreement for Law Enforcement Services (the
"Amendment ") is entered into on this day of ! 2001, by and between the
City of Monte Sereno ( "Monte Sereno ") and the Town f os 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."
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. Notwithstan ding 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 ofboth parties,"
3. 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: 5/2, Date:
By% ✓ By
ity Manager To ' ..Mac er
ATTEST: ATTEST:
City Clerk 16�D le
AS 10
ty Attorney
AS TO FOR I:
Town Attorney
From: Jim Goetz rmailto:ooetz@seouoiacap.com]
Sent: Sunday, June 14, 2015 9:21 AM
To: Council
Cc: Jim Goetz
Subject: police outsourcing
honorable city council,
we are long term members of the los gatos community and cherish the small town culture that has been
cultivated over decades. we believe our outstanding public schools and engaged local police represent
foundational elements to our thriving ecosystem. recent attempts to drive meaningful economic savings in these
foundational elements put our culture and premium home values at risk.
we hope the city council will act as stewards for our outstanding local police force and the long term health of
our coveted ecosystem. we are confident that this position is held by the vast majority of families in the
community.
the goetz family
ashley, LGHS 2017
samantha, LGHS 2015
melanie, LGHS 2014
alicia, principal, los gatos theater
jim
y,-
Jim Goetz Sequoia Capital
ATTACHMENT 4