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Addendum BMEETING DATE: 06/16/15 ITEM NO: 12 � Vr✓ 1 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