1995-110- Authorize the Town Manager to execute the Law Enforcement Services Contract with the City of Monte Sereno and hire four part-time CSO internsRESOLUTION 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 J
SIGNED: (o �J r
MAYOR OF THE TOWN LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF° OS GATOS
LOS GATOS, CALIFORNIA
TOWN CLERK
AGR:-2LL
tMH:
AGREEMENT FOR LAW RE%a �9ys f�G
ENFORCEMENT SERVICES ��C :
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.
WITNSSFTTi
A. RECITALS
I. Los Gatos has its own police department and Monte Sereno does not.
II. 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.
& AGREEMENT
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, 1995
U "I GW
(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
Serene, 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)
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 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,
et seq.).
5. LIABILITY AND INSURANCE PROVISIONS
(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 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.
"# M
(a) A year, for the purposes of this Agreement, is the period beginning on July I st 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
GO In no event shall the annual increase exceed 7.5 percent. By June 1, 2000
and June i 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.
7. TERM
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. 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 parry'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: �7`—�
By:
Mayor, City/of Monte Sereno
ATTEST:
City Clerk, City of Monte Sereno
AS F RM:
Attorney, City of on
N.SHAR SCONTR2.ATY
TOWN OF LOS GATOS
By:,_
Town Manager, Town of Los Gatos
ATTEST:
Town Clerk, Town of Los Gato
AS TO RM:
0 A Iltney, Town of Los Gatos
July 14, 1995
RESOLUTION NO.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.
Agreement.
2. The City of Monte Sereno hereby approves the
3. The City of Monte Sereno shall enter into, and the
-1-
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:
MAYOR
ANDREA M. CHELEMENGOS, CITY CLERK
BY tr' X x on / pm2t�e Fl a
The foregoing lnstrumeM i$ 2 C"d COPY
of the original on fie N 11tH dWA*
Attest
C ty Clerk N Q
By _
Dated
—2—
8