Attachment 11
Municipal Services Agreement Attachment 1
Municipal Services Agreement
Between the Town of Los Gatos and
The City of Monte Sereno
This Municipal Services Agreement ("Agreement") is entered into this _____ day of _________, 2017 by
the Town of Los Gatos ("Town") and the City of Monte Sereno ("City").
Recitals
Whereas, the City wishes to contract with the Town for the performance of Public Works services
by the Town; and
Whereas, the Town agrees to provide the services on the terms and conditions set forth in this
Agreement; and
Whereas, local agencies may contract with another local agency for municipal services per
California Government Code §54981.
Therefore, the parties mutually agree as follows:
1.0 Scope of Services
1.1 The Town agrees to provide after-hours emergency response services to the City. For purposes
of this Agreement, “After-hours emergency response services” are defined as emergency
response services provided outside normal business hours. Outside Normal business hours are
from 3:30 p.m. to 7:00 a.m. weekdays and 24 hours a day weekends and holidays.
1.1.1 Services shall include typical emergency response services of the Town Parks and
Public Works Department including, but not limited to, making safe a roadway,
property, waterway, or other facility; mitigating damage to property; clearing
hazards including, but not limited to, fallen or damaged trees; cleaning or clearing
of storm drains; or performing other applicable services.
1.1.2 The intent of the agreement is to mitigate urgent or emergency situations and
minimize hazards to the community.
1.1.2.1 Follow up services such as clean up or removal of debris may be provided
later if requested by the City.
1.1.2.2 Minor inconveniences to the community shall not be considered urgent.
Minor inconveniences include, but are not limited to, debris on the
roadway shoulder, partial obstruction of a cul-de-sac, and minor
stormwater ponding.
1.2 Service will be triggered through the Police Department Dispatch in the same manner that the
Town utilizes for Town service needs based on the discretion of the responding Officer or
Dispatcher receiving the call.
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2.0 Term of Agreement
2.1 The term of this Agreement shall be from the date entered into above until such time as either
party cancels the agreement with 30 days’ written notice to the other party.
3.0 Response Time and Priority
3.1 Response to calls for service within the City shall be substantially similar to responses provided
within the Town. The Town strives to respond to such calls within one hour of receipt of the
call for service.
3.2 Prioritization of calls will be by significance of the calls across both jurisdictions such that calls
of higher significance shall be prioritized for first response, regardless of the jurisdiction in
which the call occurs as determined by the Director of Parks and Public Works for the Town or
his/her designee.
3.2.1 Responding staff shall be considered the Director designee during after-hours calls.
4.0 Capacity to provide service.
4.1 The Town intends to provide service to the City at similar levels as provided within the Town.
4.2 The Town provides on call after hours service annually during winter months, typically from
October through April from 3:30 p.m. to 7:00 a.m. weekdays and 24 hours a day weekends and
holidays.
4.3 Where two or more calls have equal priority, response to Town calls will take precedence.
4.4 Available resources may restrict the ability of the Town to provide services.
4.4.1 Should resources not be available to provide service upon request, the Town will
immediately inform the City of said situation.
4.5 The parties recognize that in the event of a major natural disaster, the Town may not have the
resources to provide service to the City.
5.0 Cost of Service
5.1 The Town shall track the resources utilized to provide service to the City.
5.2 The Town will invoice the City at the cost of service as shown on the attached cost schedule
(Exhibit A) plus a ten percent administrative charge.
5.3 Invoices shall include:
5.3.1 Fully benefited cost of labor based on time of service at regular time or overtime
as appropriate.
5.3.2 Cost of equipment used at Town established rates or equivalent.
5.3.3 Cost of materials used at equivalent cost to the Town.
5.3.4 Summary of work performed and date and time performed.
6.0 Right of Termination
6.1 Either party may terminate this Agreement with or without cause upon 30 days’ written
notification to the other party.
7.0 Indemnification
7.1 To the fullest extent permitted by law, the Town shall not be liable for, and the City shall
defend and indemnify the Town, against claims, actions, proceedings, judgments, awards,
fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or
costs of any kind or character, including attorneys' fees and court costs {hereinafter collectively
"Claims"), which arise out of or are in any way connected to the work covered by this
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Municipal Services Agreement Attachment 1
Agreement or arising either directly or indirectly from any act, error, omission or negligence of
the Town or its officers, employees, agents, contractors, licensees or servants, sole or
concurrent negligent act, error or omission, whether active or passive, of Town parties.
8.0 Severability
8.1 Should any term or provision of this Agreement be determined to be illegal or in conflict
with any law, the validity of the remaining portions or provisions shall not be affected
thereby. Each term or provision of this Agreement shall be valid and enforced as written
to the fullest extent permitted by law.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
Town of Los Gatos by: City of Monte Sereno by:
Laurel Prevetti, Town Manager
Recommended by:
Matt Morley, Director of Parks and Public Works
Approved as to Form:
Robert Schultz, Town Attorney