Loading...
Attachment 1 Feb 17 ReportMEETING DATE: 02/17/15 ITEM NO: 10 tos s"tos COUNCIL AGENDA REPORT DATE: February 12, 2015 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: POLICE COST COMPARISON BETWEEN LOS GATOS AND MONTE SERENO, POTENTIAL IMPACTS OF MONTE SERENO CONTRACT TERMINATION, AND POTENTIAL OUTSOURCING RECOMMENDATION: Establish a Police Services Contract Ad Hoc Committee to report back to the Town Council by August 2015 with proposed amendments to update the existing contract and make it financially sustainable and fair for the residents of Los Gatos and Monte Sereno. BACKGROUND: Review of the Monte Sereno Police Services Contract has been a Town Strategic Goal since February 2010 and currently reads as follows: Review and update the contract with Monte Sereno for police services to reflect needs and resources. On October 7, 2014, the Town Council heard the final report of the Los Gatos/Monte Sereno Police Services Ad Hoc Committee (then Council members Barbara Spector and Diane McNutt) following several meetings with a similar ad hoc committee from the City of Monte Sereno. The Town's Ad Hoc Committee reported (Attachment 1) that the City of Monte Sereno was satisfied with the contract as it stands and saw no reason to modify it or to reimburse Town costs incurred on behalf of Monte Sereno beyond what was specified in the contract. The Town's Ad Hoc Committee presented the Town Council with four possible actions, as follows: "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; PREPARED BY: MATT FRISBY Chief of Police Reviewed by: Town Manager Attorney NAMGR\AdminWorkF9 \2015 Comcil Reportffeb.17 \TC Rprt - PD.Monte Se o.doc ATTACHMENT 1 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: POLICE COST COMPARISON BETWEEN LOS GATOS AND MONTE SERENO, POTENTIAL IMPACTS OF MONTE SERENO CONTRACT TERMINATION, AND POTENTIAL OUTSOURCING February 2, 2015 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. " The unanimous Council action was "to opt for a combination of #2 and #4 and to direct staff to present the information that is indicated in #2 when it is available, with a view to bringing it back for discussion in February with the strategic goals plan. " Monte Sereno Police Services Agreement The Monte Sereno Polices Services Agreement is provided as Attachment 2. The key provisions of the Agreement are as follows: 1. The Police Chief is the Town's designated contract administrator working with the Monte Sereno City Manager; 2. The agreement specifies a nearly 30 year term commencing on Sept. 1, 1995 and ending on June 30, 2025, for a remaining term of 10 years and 6 months; 3. Either party can terminate the contract with 12 months' notice (First amendment); 4. The contract provides for a specified 80 hours per week of Police Patrol services in Monte Sereno; 5. In addition, the contract specifies that Monte Sereno will receive all other police services provided to the Town of Los Gatos, which includes 24/7 Police Response, Dispatch, Records, Investigations, Traffic Enforcement, School Resource Officer, Property & Evidence, Community Services, Training, Volunteer Programs, Management & Administration, Facilities, Vehicles, Equipment, Technology, Training, Vacancies and Recruitment, Parking, etc.; and 6. The contract charges and costs paid by Monte Sereno are based solely on the direct personnel costs of providing 80 hours of Police Patrol, with no costs charged or provided for the other services specified in #5 above. The contracted payment from Monte Sereno to Los Gatos for the current fiscal year is $579,514.00. In addition, Monte Sereno has directed $100,000 of annual State funding (SLESF) for additional increased traffic enforcement (8 hours per week) and has provided direct municipal contributions totaling $23,989.31 for a license plate reader and radar speed feedback trailer. In 2011, the Town of Los Gatos incurred additional unbudgeted expenses of $198,537.78 in overtime directly resulting from the investigation of the murder of Monte Sereno resident Raveesh Kumra. The City of Monte Sereno previously rejected the Town's request to reimburse some or all of that extraordinary expense paid by the Town. PAGE MAYOR AND TOWN COUNCIL SUBJECT: POLICE COST COMPARISON BETWEEN LOS GATOS AND MONTE SERENO, POTENTIAL IMPACTS OF MONTE SERENO CONTRACT TERMINATION, AND POTENTIAL OUTSOURCING February 2, 2015 DISCUSSION: Last October, the Town Council directed staff "to provide additional information such as the potential impacts of contract termination or police service cost comparisons between Los Gatos and Monte Sereno." As a result of this examination and as detailed below, the difficulties associated with the current police services agreement are: 1. The lack of specified investigative hours as is common in most police services agreements 2. The absence of procedures and/or authorization for incurring extraordinary expenses for unbudgeted atypical events 3. Compensation for police services beyond patrol and traffic and lack of funding for training other leaves (vacancy factor) When the contract was drafted 20 years ago, police operations were far less complex and the police department itself was larger (approx. 46 officers). At that time, the police department had the flexibility to provide 24/7 services and could forego a billing mechanism for investigative hours or extraordinary events as typical in more contemporary police services agreements. As law enforcement has changed, the Los Gatos Monte Sereno police services contract has stayed the same. Both communities have benefitted through the police services contract agreement over the years and have found great value in that relationship; however a reexamination of expectations, workload and/or service delivery models would be beneficial to both the Town and the City of Monte Sereno at this time. Potential Impacts of Contract Termination Termination of the contract would have direct impacts to the Town depending on the manner in which the termination is implemented. On one hand, the termination of the contract could be reflected as a loss of revenue to the Town with a corresponding increase in General Fund support required to maintain current staffing levels and hours of service. The staffing hours and resources previously deployed to Monte Sereno would then be solely available to support Los Gatos operations, residents and businesses. On the other hand, Los Gatos police services and staffing could be reduced equivalent to the reduced revenue. However, there are not two specific Police Patrol positions assigned to Monte Sereno that could be reduced or eliminated. Instead, every Police officer and employee spends pieces of time in or supporting Monte Sereno, totaling up to more than the contractually required 80 hours of Police Patrol time in Monte Sereno. Eliminating the equivalent of two police officers would result in reduced on duty patrol staffing for at least two of the four shifts providing 24/7 patrol coverage in Los Gatos, and would decrease staffing, response rimes and flexibility within department operations. PAGE MAYOR AND TOWN COUNCIL SUBJECT: POLICE COST COMPARISON BETWEEN LOS GATOS AND MONTE SERENO, POTENTIAL IMPACTS OF MONTE SERENO CONTRACT TERMINATION, AND POTENTIAL OUTSOURCING February 2, 2015 Given the 12 month contract termination noticing period, as well as current Police staffing shortages due to illness, injury, retirements and prolonged recruitments, staff would recommend reducing projected revenues and not projected staffing if the contract were terminated. The below listed revenue impacts are reflective of anticipated revenue loss per fiscal year and life of the contract if council chose to implement termination as of April 2015. Revenue Impacts Reduction of revenue FY 15/16 $177,847 Reduction of revenue FY 16/17 $745,013 Reduction of revenue life of contract $8,577,793 Service Impacts Patrol +4,160 hours +7% of available hours over various patrol shifts Traffic +416 hours +10% of available hours between 2 Traffic Officers Investigations -91 cases -5% workload reduction on average based on FY 14/15 estimations Records -107 cases -4% workload reduction on average based on FY 14/15 estimations Computer Aided Dispatch -1,920 events -6% workload reduction on average Events (CAD) based on FY 14/15 estimations Dispatch Activity -8,922 events -16% workload reduction on average based on FY 14/15 estimations The ability to increase capacity, or decrease workload as a result of the termination of the contract would only affect the management of available time because the 80 hour patrol requirement of the contract is provided by distributing these hours over 4 shifts and 3 patrol areas in the Town and City. Minimum staffing levels would need to remain the same regardless of termination of the contract in order to maintain current Los Gatos community service level expectations and flexibility. Police Service Cost Comparison: Town of Los Gatos v. City of Monte Sereno The comparison of police costs between the Town and the City of Monte Sereno can be examined many ways including but not limited to: cost per CAD event, cost per individual case investigated, cost per crime /reports processed by staff, cost of service per hour, per program, "gross" cost per capita, "net" cost per capita, and/or various other metrics as requested by Council. PAGE MAYOR AND TOWN COUNCIL SUBJECT: POLICE COST COMPARISON BETWEEN LOS GATOS AND MONTE SERENO, POTENTIAL IMPACTS OF MONTE SERENO CONTRACT TERMINATION, AND POTENTIAL OUTSOURCING February 2, 2015 The charts below are a brief summary of cost comparisons between the Town and the City of Monte Sereno. It should be noted that the figures represented in the tables below are reflective of both the "gross" costs and true "net" costs (expenditures less revenues) to the Town, the City of Monte Sereno and/or comparison cities herein. Many times when evaluating costs associated with a program or department it is easy to quickly focus on only the expenditures and not take into consideration revenues generated by the department.or program being examined. For example, the gross expenditure budget for the Police Department is approximately $14.2 million, but when taking into consideration revenues generated through, fines /fees, grants and other revenue sources associated with police department operations, the "net" General Fund is approximately $11.2 million. For instance, if the Los Gatos/Monte Sereno Police Department were outsourced, there would be a reduction in expenditures, but also a competing loss of revenue (approximately $3 million), for these reasons both the "gross" and "net" comparisons have been included for full comparisons. SERVICE COST COMPARISON FY 2014/15 *note: Monte Sereno patrol hours are guaranteed by contract and typically exceeded, while Los Gatos hours are typically less due to vacancies, leaves, illnesses etc. (vacancyfactor) Los Gatos Monte Sereno Population 130,391 3,485 Square Miles 115.6 1.5 *note: Monte Sereno patrol hours are guaranteed by contract and typically exceeded, while Los Gatos hours are typically less due to vacancies, leaves, illnesses etc. (vacancyfactor) Los Gatos Los Gatos Monte Sereno Monte Sereno Gross Costs Gross Costs Net Costs Gross Costs Net Costs atrol $6,673,993 $5,994,443 $579,514 $566,514 ud et [hour* Traffic 3,744 (cost of contract) 416 atrol Hours 52,000 52,000 4,160 4,160 ost per $128 (min. cost) $115 (min. cost) $139 (max. fixed $136.18 (max. cost) fixed cost) *note: Monte Sereno patrol hours are guaranteed by contract and typically exceeded, while Los Gatos hours are typically less due to vacancies, leaves, illnesses etc. (vacancyfactor) *The above listed services do not include calculation of a vacancy factor which is detailed below Los Gatos Los Gatos Monte Sereno Gross Costs Net Costs Pass Through Costs Traffic $869,817 $442,839 $100,000 /SLESF Budget Traffic 3,744 3,744 416 Hours Cost Per $232 (min. cost) $118 (min. cost) $240 (max. or fixed cost) Hour *The above listed services do not include calculation of a vacancy factor which is detailed below PAGE 6 MAYOR AND TOWN COUNCIL SUBJECT: POLICE COST COMPARISON BETWEEN LOS GATOS AND MONTE SERENO, POTENTIAL IMPACTS OF MONTE SERENO CONTRACT TERMINATION, AND POTENTIAL OUTSOURCING February 2, 2015 As detailed above, the gross cost per hour associated with dedicated patrol and traffic enforcement hours are roughly comparable between the Town of Los Gatos and the City of Monte Sereno. In contrast, the difference in "net' cost per capita between the Town and the City of Monte Sereno is $205.65. Santa Clara County Contract Cities Santa Clara County Comparable Police Departments Agency Los Gatos Los Gatos Monte Sereno Monte Sereno Gross Budget Net Budget Net CPC Investigations $2,356,205 $2,233,629 $0 (no contractual obligation or cost) Budget $166.29 $162.53 Capita Records $812,208.60 $801,498.60 $0 (no contractual obligation or cost) Budget Dispatch $992,699.40 $992,699.40 $0 (no contractual obligation or cost) Budget As detailed above, the gross cost per hour associated with dedicated patrol and traffic enforcement hours are roughly comparable between the Town of Los Gatos and the City of Monte Sereno. In contrast, the difference in "net' cost per capita between the Town and the City of Monte Sereno is $205.65. Santa Clara County Contract Cities Santa Clara County Comparable Police Departments Agency Los Gatos Los Gatos Monte Sereno Monte Sereno $122.73 Gross CPC Net CPC Gross CPC Net CPC Cost Per $467.42 $368.18 $166.29 $162.53 Capita $153.08 $147.05 As detailed above, the gross cost per hour associated with dedicated patrol and traffic enforcement hours are roughly comparable between the Town of Los Gatos and the City of Monte Sereno. In contrast, the difference in "net' cost per capita between the Town and the City of Monte Sereno is $205.65. Santa Clara County Contract Cities Santa Clara County Comparable Police Departments Agency Gross CPC Net CPC Los Altos Hills $128.72 $122.73 Saratoga $154.86 $142.15 Cupertino $162.43 $160.77 Monte Sereno $166.29 $162.53 AVG $153.08 $147.05 Agency Gross CPC Net CPC Morgan Hill $339.48 $288.06 Campbell $344.64 $316.26 Mountain View $412.76 $383.48 Los Altos $533.14 $518.92 AVG $407.51 $376.68 The more substantive contract issues are the costs of law enforcement services provided to the City of Monte Sereno that are not specified and billed by hour of work or individual task. The majority of these services exist within the program budgets of investigations, records and dispatch/communications. It should be noted that when making comparisons to other Santa Clara County contract cities the costs associated with records and dispatch are included at "no cost." Conversely, the hours devoted to investigations are delineated specifically and are subject to an hourly rate (see Attachment 3 Town of Los Altos Hills Law Enforcement Services Contract). PAGE 7 MAYOR AND TOWN COUNCIL SUBJECT: POLICE COST COMPARISON BETWEEN LOS GATOS AND MONTE SERENO, POTENTIAL IMPACTS OF MONTE SERENO CONTRACT TERMINATION, AND POTENTIAL OUTSOURCING February 2, 2015 Applying the contract terms and hourly rates outlined in Attachment 3, if the City of Monte Sereno were to discontinue the services of the Los Gatos /Monte Sereno Police Department and contract with the Santa Clara County Sheriffs Office the cost of the contract could be approximated as follows: Patrol Hours I Cost Per Hour I Total Cost Traffic Hours Cost Per Hour Total Cost 1 416 1$162.45 $67 579.20 investigative Hours Cost Per Hour Total Cost 964 $159.02 $153,295.28 Total 1 $906,858.48 Total Less SLESF Funds $806,858.48 Monte Serena Contract $579,514 Savings to Monte Sereno 1 $227,344.48 •77te investigative hours estimation used above is an approximation of the percentage of cases investigated for the City of Monte Sereno divided by the current hourly rate for sworn services detailed above ($139.00) when applied to the sub -total cost for investigative services detailed below ($134,017.74 divided by $139.00 per hour = approximately 964 hours per FY 14115 estimates) As outlined in the current Los Gatos /Monte Sereno Police Services contract the police department provides the services of investigations, records and dispatch at "no cost' and the work load associated with these duties and/or responsibilities have been proportionately incorporated, absorbed and distributed to department —wide work plans vy program. — - - -- — — The table below represents an approximation of the number of hours and/or tasks completed by each of these programs with respect to the overall program budget and approximated costs associated with services provided to the City of Monte Sereno at "no cost." Program Budget # of MS Cases % of Workload Cost Per Case MS Estimated Costs Investigations $2,356,205 91 5% $1227.27 / Case $111,681.57 Records $812,208.60 107 4% $303.63 / Case $32,488.34 Dispatch $992,699.40 8,922 16% $17.80 /Activity $158,811.60 Subtotal Costs 1 $302,981.51 The above sub -total lists shows total costs over all three programs are estimated at $302,981.51 or 7% of the combined program budgets ($4,161,113). As referenced previously, in researching like comparisons PAGE 8 MAYOR AND TOWN COUNCIL SUBJECT: POLICE COST COMPARISON BETWEEN LOS GATOS AND MONTE SERENO, POTENTIAL IMPACTS OF MONTE SERENO CONTRACT TERMINATION, AND POTENTIAL OUTSOURCING February 2, 2015 with other in- county contract cities records and dispatch are included at "no cost" and/or are not specifically called out or billed in the contract agreements used in this analysis. Additional factors to be considered when evaluating costs and liabilities associated with the language and services delineated in the current police services contract is the lack of language related to "extraordinary events," unexpected overtime costs and the absence of a vacancy factor for sworn hours provided to the City of Monte Sereno. Specific to vacancy factoring, in order to provide 80 hours of sworn officer service the department must allocate more than just 2 full time officers (FTE's) to offset training time and scheduled or unscheduled time off. A general industry standard for this variance is approximately 1.6 FTE's to achieve 1.0 FTE. When establishing fiscal budgets and/or contract services many times municipalities generally factor in this variance as a base cost to the department budget and/or contract. The Town does not budget police personnel with such a vacancy, rather the Town budgets at a 1:1 ratio. The following table and formula illustrates the average vacancy factor for a Los Gatos /Monte Sereno Police Officer and helps determine an employee's effective work hours (those hours actually spent on duty). Los Gatos/Monte Sereno 2,080 Hours Worked Per Year (160 Vacation Hours 80 Holiday Hours 20 Training Hours 24 Personal Leave Hours 27 Injury and illness Hours 1,769 Effective Work Hours or 15% Vacancy Factor *Hours used to calculate the vacancy factor were taken from a 3 year average. CONCLUSION: The Police Department and the Town of Los Gatos have enjoyed a very good relationship with the City of Monte Sereno. Both communities have similar residential demographics and the Police Department has provided quality and responsive services. The City of Monte Sereno is nearly bordered on all sides by the Town of Los Gatos and the Police Department has a long history of reaching out to its citizens which has resulted in a strong bond between both communities. Revenues generated as a result of the police services contract with the City of Monte Sereno are the largest revenue source in the police department budget and has provided a stable base when other Town revenues were subject to economic fluctuations. PAGE 9 MAYOR AND TOWN COUNCIL SUBJECT: POLICE COST COMPARISON BETWEEN LOS GATOS AND MONTE SERENO, POTENTIAL IMPACTS OF MONTE SERENO CONTRACT TERMINATION, AND POTENTIAL OUTSOURCING February 2, 2015 While the police services contract has mutually benefitted the Police Department and the City of Monte Sereno, the current police services contract does not address or reflect contemporary work load or services provided to the City of Monte Sereno. The Town provides approximately $302,981.51 in services through its work in investigation, records and communications that cannot be billed in the police services contract. These costs are subsidized by the Police Department's overall budget. That being said, all like in- county contract city comparisons do not bill for records and dispatch. The only delineated service hours billed per contract are associated with patrol hours, traffic enforcement hours, investigative hours, volunteer Reserve Police Officer hours, School Resource Officer hours, Special Services hours, and percentage billing calculations for sub- station costs. There is no language in the current police services contract to address "extraordinary events" and/or unforeseen overtime costs associated with like events. For example, most recently the Kumra homicide investigation resulted in an unforeseen expense to the Town of $198,537.78. Although events such as these seldom occur, it would be beneficial to have such language in the contract or a mechanism to address investigative hours /costs as noted in other contract cities represented in Santa Clara County. Due to the absence of contract language for other services, the "net" cost of police service per capita (CPC) for the City of Monte Sereno is $162.53 while the equivalent net cost per capita for Los Gatos is $368.18. In addition, this week the Mayor requested that possible outsourcing of the Police Department to the County Sheriff be added for consideration with the Monte Sereno contract given overlapping or interconnected issues. Consequently, staff has provided Attachment 4 on outsourcing. ALTERNATIVES: As shown through the comparisons made in this report there are different ways to assess equity and/or worth with regard to the current police services contract. Some (but not all) of the potential options that Council may wish to consider are as follows: • Continue the agreement with the City of Monte Sereno maintaining status quo • Convene a committee comprised of both respective Councils to reexamine the language in the existing contract, specifically the delineation of investigative hours to be billed as contemporary with like comparison contracts • Seek to create a new independent contract and determine agreed upon service level expectations to be provided and/or billed for • Schedule termination of the police services contract with the City of Monte Sereno PAGE 10 MAYOR AND TOWN COUNCIL SUBJECT: POLICE COST COMPARISON BETWEEN LOS GATOS AND MONTE SERENO, POTENTIAL IMPACTS OF MONTE SERENO CONTRACT TERMINATION, AND POTENTIAL OUTSOURCING February 2, 2015 FISCAL IMPACT: The police department will have a projected revenue loss of $177,847 in FY 15/16, $745,013 in FY 16/17 and will stand to lose approximately $8,577,793 over the remaining life of the contract by conservative estimations. If Council decides to terminate the contract an applicable budget adjustment would be required to address these revenue shortages. Attachments: 1. Town of Los Gatos Ad Hoc Committee Report 2. Los Gatos/Monte Sereno Law Enforcement Service Contract and Amendment 3. Los Altos Hills Contract for Law Enforcement Services and Supplement 4. Outsourcing Memorandum (with Exhibits A and B) 5. Public comments received through 11:00 a.m. February 12, 2015 DATE: TO: FROM: SUBJECT: MEETING DATE: 10/07/14 ITEM NO: I 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 � 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 I I 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 Sereno 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 ATTACHMENT PAGE MAYOR AND TOWN COUNCIL SUBJECT: REPORT OF THE LOS GATOS /MONTE SERENO POLICE SERVICES CONTRACT U a ' elexall ulUT]101:1 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 pal 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 TOWN CLERK IKH: AGREEMENT FOR LAW ®Q- 129so'!°- ENFORCEMENT SERVICES Rte. 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. I. 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. NOW, THEREFORE, in consideration of the respective agreements herein contained, the parties hereto agree as follows: 1. IEOJDM 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 ATTACHMENT (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) 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. AUTFLORITY (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. (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. 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 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:i By Ma or, Ci of Monte Sereno ATTEST: ^/ ^// City Clerk, City o Monte Sereno M AS RM: 1 Attorney, City of MonteSereno N.INAR WBMb 2.AV TOWN OF LOS GATOS By: Town Manager, Town of Los Gatos ATTEST: Town Clerk, Town of Los Gato AS TO ORM: Y To A rney, Town of Los Gatos July 14, 1995 OFFICE OF THE TOWN CLERK AGR IHH ORD FIRST AMENDMENT TO AGREEMENT FOPREC LAW ENFORCEMENT SERVICES BETWEEN RESO THE CITY OF MONTE SERENO AND THE TOWN OF LOS GATOS This First Amendment to Agreement for Law Enforcement Services (the "Amendment ") is entered into on this z day of , 2001, by and between the City of Monte Sereno ( "Monte Sereno ") and the Town f s 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." 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: ^rj�2y0/ Date: /(p- O/ By By ity Manager Toyire- Mar�;er ATTEST: ATTEST: 1 s City Clerk le AS TO ty Attorney AS TO FORM: ,j Town Attorney LAW ENFORCEMENT CONTRACT THIS IS AN AGREEMENT between the County of Santa Clara, State of California, hereinafter referred to as "County," and the Town of Los Altos Hills, hereinafter referred to as "Town." WHEREAS, County has the legal authority to render law enforcement services and criminal justice administrative services to incorporated cities in the County of Santa Clara and is equipped and willing to do so to the extent and in the manner hereinafter provided; and WHEREAS, Town is primarily responsible for providing law enforcement services within Town limits and is desirous of contracting with the County for the rendition of such services; and WHEREAS, County and Town desire to enter into an agreement providing for said services, specifying the nature and extent thereof and establishing compensation to be paid therefore; NOW, THEREFORE, the parties hereto agree as follow: I. LAW ENFORCEMENT SERVICES A. Law Enforcement Services 1. Within the corporate limits of Town, County shall provide police protection through its Sheriff's Office as may be required by Town and as within the capability of the Sheriff to provide. Services to be performed under this section (A)(1) include patrol of established beats, responses to emergency calls, investigative services, and other law enforcement services. The cost of such services shall be set forth in Exhibit A attached. 2. The rendition of such services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services shall remain in the discretion of the Sheriff. 3. In the event of a disagreement as to the performance or amount of the services to be provided pursuant to this section (A)(1), the Sheriff or his /her designee shall meet with the representative(s) of Town to review the manner of performance of such services. B. Supplemental Services 1. Within the corporate limits of Town, County shall, through its Sheriff's Office, provide supplemental services as requested by the Town. The cost of such services shall be at the rate set forth in Exhibit A. Services to be ATTACHMENT 2. Prior to March 15th of each contract year, Town and Sheriff shall develop a plan which specifies the level and amount of services to be provided in the ensuing fiscal year. E. Assignment and Transfer Policy Sheriff's deputies assigned to provide Law Enforcement Services and Supplemental Services as herein described shall be assigned to Town for a period of not less than three years except when a person is reassigned because of promotion or layoff, because a transfer is requested by the individual, or by the Town and concurred with by the Sheriff. Special Assignment personnel (e.g. SRO) shall be assigned to Town for a period of not less than five years except when a person is reassigned because of promotion or layoff, because a transfer is requested by the individual, or by the Town and concurred with by the Sheriff. F. Designation of Chief of Police If Town shall so desire, and County and the Sheriff shall so agree, nothing in the agreement prevents or limits Town from designating the Sheriff or his designee as its Chief of Police in order to satisfy the provisions of Part I, Division 3, Title 4 of the California Government Code (sections 36501, et seq.). However, this shall not affect the authority of the Sheriff to control and direct employees of this Office in carrying out duties and obligations pursuant to this contract and shall not increase any liability to the County arising from this agreement. G. Disaster Contingency Plan In the event of a major disaster that necessitates the activation of an Emergency Operations Center in Town, a Sheriffs representative shall immediately be dispatched and report to the Director of Emergency Services (City Manager). Initial response by a Deputy Sheriff may be the nearest patrol unit or able bodied officer available. A pre - designated Sheriffs Emergency Operations Center liaison officer shall be notified as soon as possible to respond to the Emergency Operations Center and coordinate law enforcement responsibilities. The pre - designated Emergency Operations Center liaison officers maintained on the active call list shall be available to the Director of Emergency Services. 5. Responsibility for personnel instruction and any specialized training in the Emergency Operations Center shall be provided by Town. 6. In the event a major disaster occurs, the Sheriff's Office shall provide support as required to comply with the Town's emergency operations cost recovery efforts. H. Booking and Processing Services County shall provide booking and processing services to those arrested persons within the Corporate limits of Town, and who are brought to the County jail for booking or detention. I. Communication Services The County shall, through its Communication Department, provide for emergency communication services in support of the Sheriff's Office and Town's operations. Services will include 24 hour per day 9 -1 -1 telephone answering and radio dispatching of Sheriffs personnel. Services will be provided in accordance with the existing departmental operational procedures. H. COMPENSATION A. Compensation for Law Enforcement Services Provided by Sheriff 1. The Town shall compensate the County utilizing the Fiscal Year 2014/2015 base rate established for general law enforcement and county communications (hereinafter "law enforcement "). The parties agree that the annual increase to law enforcement service costs shall be limited to the base rate times the percentage increase in total compensation (exclusive of PERS) provided to all patrol deputies of the Sheriffs Office as set forth in a calculation formula agreed and attached hereto as "Exhibit B" and incorporated herein by reference, or the annual average for the 12 month period of December to December of the US Department of Labor, Bureau of Labor Statistics, Urban Wage Earners and Clerical Workers Consumer Price Index (CPI/W) for the San Francisco - Oakland -San Jose region (hereinafter "CPI/W ") plus 2 %, whichever is less. For years in which compensation is increased in a multi-year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPI/W plus 2% for each individual year. The increase over the life of the agreement will not exceed the actual cumulative average of CPI/W plus 2% for the life of the agreement. In addition, the Town agrees to compensate the County for any PERS cost increases charged to the County. These contractual costs may be adjusted only one (1) time per year to be effective at the start of each fiscal year on July 1. 2. If, during the course of a fiscal year, it appears that the Sheriff will exceed the planned level of service, Town or Sheriff shall as soon as possible notify the other party and propose amendments or modifications to the plan of services for the balance of the fiscal year. Town or Sheriff shall review any such proposed modifications but is not obligated to approve them. If Town does not approve them, the Sheriff is not obligated to provide such services over and above the level of services provided in the plan. Town is not obligated to pay for services in an amount greater than the total that has been approved in the plan. The County agrees that it will not unilaterally reduce the level of law enforcement services without prior consultation with the Town. 3. In those years during which a contract is to be negotiated between the County of Santa Clara and the Deputy Sheriffs Association, and has not been settled for the purpose of computing increases in this agreement, the county shall utilize the average CPI/W plus 2% for computation of said increases plus any additional PERS contribution increases. County will subsequently notify Town of any increases in rates resulting from the new contract terms, within thirty (30) days of the date of such contract resolution. For years in which compensation is increased in a multi -year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPI/W plus 2% for each individual year. The increase over the life of the agreement will not exceed the actual cumulative average of CPI/W plus 2% for the ten year agreement. 4. County shall specify to Town, not less than ninety (90) days prior to the start of Town's fiscal year, the new projected budget annual contract amount. a. Town shall compensate County at the primary rate, for the "Activity" and "Patrol' time expended in the Town. Additionally, County shall charge Town for meal periods, "beat preparation" time and "securing from beat" time at the rate of ten percent (10 %) of the above referenced hours. b. "Activity" and "Patrol' times are identified through the County Patrol Activity Network Analysis (COPANA) and Patrol Activity Report (PAR). A listing of items and their designations as "Activity" or "Patrol" are to be set forth in the attachment to the yearly plan for service. The COPANA and PAR software applications may be updated or exchanged for newer software applications during the life of the agreement. B. Supplemental/Reserve Service Compensation for all services within Sections A., B. and C. to be rendered pursuant to this agreement shall be based upon one of the following five (5) rates per hour of service: a. Primary Rate. This rate is calculated to reflect the average full cost of a single Deputy with patrol vehicle. b. Supplemental Day Rate. This rate is calculated according to the cost of a single Deputy with patrol vehicle during periods when the night shift differential salary increment is not payable to the deputy who operates the vehicle. c. Supplemental Night Rate. This rate is calculated according to the cost of a single Deputy with patrol vehicle during periods when the night shift differential salary increment is payable to the deputy who operates the vehicle. d. Supplemental Reserve Rate. This rate is calculated according to the cost of two Reserve Deputy Sheriffs with patrol vehicle. e. Investigative Service Rate. This rate is calculated to reflect the average full cost per hour of an investigator's time. 2. Town shall compensate County monthly for each hour of Supplemental Service at the rates described above and specified in Exhibit A. C. Base Rent and Operating Costs of Westside Substation 1. Town and County shall share the costs of renting and operating the West Valley Division Substation as follows: a. The Town's share of the base rent and operating cost will be based upon the lease agreement between the County and Dollinger Properties, LLC. The monthly base rent will increase 2.5% each year commencing November 8, 2015 and Town shall be responsible for its share of this base rent increase. Town shall be responsible for any increase in operating expenses and real estate taxes allocated to the building to the extent that such expenses exceed costs incurred in the FY2014/2015 Base Year. Yearly increases in controllable operating costs (other than insurance, taxes and utilities) shall be capped at 5 %. These operating costs may be adjusted only one (1) time per year to be effective at the start of each fiscal year on July 1. The Town's share of the operating cost and base rent will be a prorated amount based upon the actual billable hours as indicated in the COPANA reports. For budgeting purposes estimates are provided in the plan of execution of law enforcement services contract provided each year. b. Town shall pay to County monthly that portion of the substation operating costs attributable to Town. Any change to the location of the substation, or the cost of the facility over and above the contract language as set forth in II.C.I.a., shall be mutually agreed to by the parties to this agreement. C. For the purposes of this provision of the Agreement (1) "Operating Costs" are defined as the cost of rent, janitorial services, minor repairs, and utilities and all other costs the County is required to pay under the lease agreement for the substation. d. Pro rata share to Town for substation costs will not be changed during the term of this agreement due to the loss of any contracting city unless mutually agreed to by the remaining parties to the agreement. D. Compensation for Criminal Justice Administrative Services The criminal justice administrative fee is based upon an approved County of Santa Clara Ordinance No. NS - 300.470. E. Method of payment for all Services Compensation for all services shall be paid by Town to County in the following manner: The Town shall pay to County an amount equal to one - twelfth of the annual projected budget amount as calculated in Exhibit B. First payment is due on the tenth day following the last day of each month of the contract year. 2. Adjustment to the law enforcement annual projected budget - amount shall be performed every year of the contract as follows: a. The difference between the actual cost of police services for the previous year, as shown by the COPANA report and the amount actually paid by Town to County for those services shall be added to, or subtracted from, the amount paid for the prior year. b. Other police services not included in COPANA Reports shall be reconciled every year for those specific services. 3. Payments, or any portion thereof, not made by Town to County within thirty (30) days of the due date shall accrue interest at the rate of ten percent(10 %) per annum until paid. Interest so accrued shall be payable to county on the last day of the month in which it accrued. 4. By September 30 following the end of each of the contract reconciliation years, County shall provide to Town the COPANA report for the entire contract years. If the amount actually paid by Town to County exceeds the cost of law enforcement services and operating costs of the West Valley Station as set forth in the COPANA report, County shall pay to Town the amount of such excess by October 1 following the end of the contract year. Within twenty-one (2 1) days of receipt of such final COPANA report, Town shall pay to County the full amount, if any, by which the costs of police services, as set forth in all COPANA reports for the contract year, exceeds the amount actually paid by Town for such services. For purposes of calculating the final amount due to County from Town, Town's credit for the amount actually paid by Town shall not include any interest paid by Town due to late monthly payments. M. REPORTS A. Monthly Reports County shall provide to Town on a monthly basis report(s) on the incidence of crime within Town. Said report(s) shall differentiate between "law enforcement services" and "supplemental services," and shall be in a format as agreed upon between County and Town. 1. County shall provide such month end reports to Town within thirty (30) days of the last day of that month. 2. By September 30 following the end of the contract year, County shall provide to Town the COPANA report for the entire contract year. 3. Special additional reports requested by Town may be provided at cost. IV. HOLD HARMLESS CLAUSE A. The County shall indemnify, defend, and hold harmless the Town, 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 the County and its employees set forth in this agreement. B. The Town shall indemnify, defend, and hold harmless the County, 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 the Town and its employees set forth in this agreement. C. This mutual indemnification agreement is adopted pursuant to Government code section 895.4 and in lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government code section 895.6. V. INSURANCE AND LIABILITY County and Town 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. VI. TERM OF AGREEMENT This agreement shall become effective on 7/1/14, and may be terminated without cause by County or Town upon the giving of one - hundred and eighty (180) days written notice of such termination to the other party. In the absence of such notice of termination, this agreement shall be effective for a term of one hundred and twenty (120) months until 7/1/24, subject to any modifications which are made in accordance with the terms and conditions of this agreement. If Town elects to terminate this Agreement prior to the expiration of the ten -year term, the Town shall nonetheless pay the full amount of its pro- rata share remaining on County tenant improvements, moving costs and remaining lease commitments for the West Valley Division substation. At the expiration of this ten (10) year contract, this contract can be renewed for an additional five (5) year period upon written notice of renewal by Town and the County to the other parties at least one hundred eighty (180) days prior to the expiration of this contract. The 2004 Law Enforcement Contract between the parties and any extension thereof is terminated upon the effective date of this Agreement. This agreement may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one document. COUNTY OF SANTA CLARA Date: Signed and certified that a copy of this Document has been delivered by electronic Or other means to the President, Board of Supervisors. Lynn Regadanz, Clerk Board of Supervisors APPROVED AS TO FORM AND LEGALITY: Cheryl Stevens, Deputy County Counsel (Date) H I/I 0 Dated: Mike Wasserman, President Board of Supervisors TOWN OF LOS ALTOS HILLS Date: Carl Cahill, City Manager APPROVED AS TO FORM AND LEGALITY: Steven Mattas, City Attorney (Date) Law Enforcement Contract Exhibit B Compensation for Services To calculate the annual projected budget increase to this contract, the following shall apply: ANNUAL COST OF LIVING INCREASE IN TOTAL COMPENSATION: 1. Total compensation refers to the amount Santa Clara County Sheriff Department provides for total compensation (salary and benefits) at top step for a 40 -hour patrol deputy. 2. At the subsequent July 1, the new total compensation amount (exclusive of PERS) will be divided by the total compensation effective on the prior July 1 (exclusive of PERS), to derive a percentage change in total compensation. The annual projected budget increase in contract costs shall be computed as follows: Fiscal Year 2014/2015: Base Year 2014/2015 costs = costs as shown in Exhibit A to this Agreement. Fiscal Years 2015/2016 through 2024/2025: Preceding Base Year Costs X Lesser of Percentage change in total compensation or Consumer Price Index- Urban Wage Earners and Clerical Workers (CPI/W) plus 2% (For years in which compensation is increased in a multi -year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPVW plus 2% for each individual year.) Plus Percentage Change (Increase/Decrease) in Actual County PERS Costs EXHIBIT A PROPOSED COSTS FISCAL YEAR 2014 -2015 LOS ALTOS UNINCORP. RATES CUPERTINO HILLS SARATOGA CITIES GENERAL LAW ENFORCEMENT Proposed Hours - Activity Proposed Hours- Patrol Total Hours 38,248.0 5,421.0 20,060.0 14,696.0 Proj Costs FY 2014 -2015 @ $164.90 $6,307,095 $893,923 $3,307,894 $2,423,370 TRAFFIC ENFORCEMENT - DAYS: Proposed Hours - 7,200.0 43.0 4,195.4 0.0 Proj Costs FY 2014 -2015 @ $162.43 $6,984 $681,451 $0 Cupertino @ $162.45 $1,169,640 TRAFFIC ENFORCEMENT- NIGHTS: Proposed Hours m� Proj Costs FY 2014 -2015 @ $166.04 Cupertino @ $166.06 $0 INVESTIGATIVE HOURS: Proposed Hours 7,200.0 600.0 2,400.0 0.0 Proj Costs FY 2014 -2015 @ $159.02 $1,144,944 $95,412 $381,648 $0 0.0 0.0 0.0 $0 $0 $0 FY15 Contract Cities_Proposed Costs 05 -15 -2014 A - 39 DSA =O% EXHIBIT A PROPOSED COSTS FISCAL YEAR 2014 -2015 LOS ALTOS UNINCORP. RATES CUPERTINO HILLS SARATOGA CITIES RESERVES ACTIVITY HOURS: Proposed Hours Proj Costs FY 2014 -2015 @ $48.70 OPERATING COSTS OF WEST VALLEY SUBSTATION: Proj Hours FY 2014 -2015 89,863 Percentage Proj Costs July 2014 - Oct 2014 Proj Costs Nov 2014 - Jun 2015 Total Proj Costs of Substation SUBTOTAL COSTS: Proj Costs FY 2014 -2015 PROJECTED SPECIAL SERVICES Projected Hours FY Cupertino Traffic Sergeant Saratoga School Resource Officer 1,650.0 22.0 340.0 0.0 $80,355 $1,071 $16,558 $0 45,448 5,464 24,255 14,696 50.5748% 6.0804% 26.9911% 16.3538% @ $418,614 yr $70,571 $8,484 $37,663 $22,820 @ $418,614 yr $141,142 $16,969 $75,326 $45,639 _ $418,614 $211,713 $25,453 $112,989 $68,459 $8,913,747 $1,022,843 $4,500,540 $2,491,829 2014 -2015 1,815.5 0 0 0 $189,351 $0 $0 $0 $0 $0 $100,000 $0 SCHOOLS RESOURCE OFFICER Proj Costs FY 2014 -2015 @ $136.23 $395,721 $0 $0 $0 (1 SRO @ 85% and 1 SRO @ 75 %) TOTAL SHERIFF LAW ENFORCEMENT COSTS Projected Costs FY 2014 -2015 $9,498,819 $1,022,843 $4,600,540 $2,491,829 CAPPED COSTS 2014 -2015 Proj Costs Capped @ 4.6 %(CPI +2 %) Increase $9,840,602 $1,060,170 $4,753,605 $0 AMOUNTS BELOW CAP OF 4.6% ($341,783) ($37,327) ($153,065) $0 FY15 Contract Cities—Proposed Costs 05 -15 -2014 A - 40 DSA =O% THIS PAGE INTENTIONALLY LEFT BLANK DATE. 211012015 Attachment 4 with Exhibit A & B Los Gatos Monte Sereno POLICE DEPARTMENT TO. Town Manager Greg Larson FROM. Chief Matt Frisby 'r SAC_ r� �Q SUBJECT.• Police Outsourcing Cost Comparisons Back round: Town Council and staff have received numerous inquiries in recent weeks regarding the Potential outsourcing of Los Gatos police services to the Santa Clara County Sheriff. This issue was previously raised at the Town Council's Strategic Goals Retreat a year ago on February 10, 2014. At that time, the Council did not direct any consideration of outsourcing of Police services and staff ceased work on the issue. Instead, the Council directed the Police Department to be the first department to provide an in -depth budget presentation, which occurred on May 19, 2014 as part of the Council's regular Budget Hearing. In October 2014 Council directed staff to prepare a report comparing law enforcement costs between Los Gatos and Monte Sereno and the potential impacts of terminating the Monte Sereno police services agreement. As part of that research and analysis, staff obtained and reviewed the law enforcement services agreements for Cupertino and Saratoga with the Santa Clara County Sheriff. On Wednesday, the Mayor asked that the potential outsourcing of police services be added to the Council's agenda item regarding the Monte Sereno Police Services agreement. Consequently, staff is providing the readily available information from existing contracts with the County Sheriff. Given ongoing Police operations and other Council priorities, finther staff work regarding outsourcing of police services will require Council direction to reverse the Council's action a year ago. Discussion: The County Sheriff charges the exact same hourly rates for various types of law enforcement services to the cities of Saratoga and Cupertino, as summarized in Attachment 1 (Town -Sheriff Law Enforcement Cost Comparisons) and detailed in Attachment 2 (comparative hourly rates on pages A39 and A40 of the Los Altos Contract). Applying the Sheriff's same hourly rates for the current hours of police services in Los Gatos results in sworn staffing costs that are nearly $1 million greater for the Sheriff ($10.8M vs. $9.9M, see the middle shaded line on Attachment 1 under Los Gatos). Attachment 1 is a comparison of the Saratoga and Cupertino law ATTACHMENT 4 enforcement budgets and hours of service with the Town of Los Gatos under the Town's Police Department or if hypothetically outsourced to the County Sheriff. Adding in other Town Police expenses (dispatch, records, parking, administration, etc.) and deducting the revenue received by the Police department (Monte Sereno agreement, Federal and State grants, citation revenues, etc.) results in a net cost savings of only $350,000 by outsourcing to the County Sheriff ($10.8M vs. 11.2M, see the lower shaded line on Attachment 1 under Los Gatos). Not included in this analysis are any transition or labor costs that may be incurred by outsourcing Town police services. The far lower law enforcement costs for Cupertino and Saratoga are achieved because those cities receive far fewer hours of law enforcement services, as per their contracts with the County Sheriff. Saratoga receives 27,000 hours of service per year from the County Sheriff and pays $4.6 million, both 40% of the comparable numbers for Los Gatos. Cupertino receives 59,000 hours of service and pays $9.5 million, both 12% lower than Los Gatos (see the lower shaded lines on Attachment 1 under Saratoga and Cupertino) Consequently, it appears that there are no inherent savings achieved through outsourcing to the County Sheriff. Rather, any savings are solely due to the reduced hours of law enforcement services provided in those communities. This makes logical sense given that law enforcement cost factors (labor, benefits, vehicles, equipment, etc) are typically uniform across a geographic region. Further, if fewer hours of police patrol and other services are desired, then the same savings can likely be achieved whether the law enforcement services are provided by the Town itself or by the County Sheriff. Conclusion: Staff would not recommend any further consideration of outsourcing given the minimal cost savings that could likely be achieved and the negative impacts that repeated consideration of outsourcing has had on Police morale, recruitment and management workloads. But if the Town Council does want to further consider outsourcing some or all Police services, then it would be appropriate to identify and budget available funds at the Mid -Year or the annual Budget to engage a professional consultant who has done Police consolidation studies. If the Council simply wants to reduce Police hours of service and corresponding Police costs, then direction can be provided for inclusion in the upcoming proposed budget. However, staff does not recommend a reduction in current Police staffing given current activity levels and desired Police response and associated services. Exhibits: A. Town -Sheriff Law Enforcement Cost Comparisons B. Comparative hourly rates on pages A39 and A40 of the Los Altos Contract L Y u R m 4 O4) 0 m d C i `m ' _C L d A 'O jp ry c L L d' •� O �� N u O M a 0' O `'r- M c L to " '" O O w .0 , c A O a m O_ N 9 O ' v V U —' N` Y N ° O. —' .NO h * c w ■ u U v'i V "" R � V Q� M l� d' •� O �� � 'V 0\ N 00 vi N N O O M 7 N N v1 O O N P N O 00 1000 O o0 O M l� N O Vi O� 00 b M O M en r b O in O tn O y Q y Q Q O ON D ill� p M M0b p MOO O OO M O .a � ,-• o 0 0 Q Q Q Q ' N W N Q Q Q Q Q Q en z z z z h b O N t- 2 z z z ,�Z, �-. N h b D\ r M r Q Q Q M Q 00 00 0 z%. z z 00 00 ON F M M oOC O 00 y'. 01 .r lq N M 0 Q Q Q Q 7 �y zzzz C,4 ` zzzz .fir in V tn Q Q Q Q Q 0010 V O oo h Vii 00 W o �-+ O O Ono Z �-• z %+ z N O O ri y O V7 O 7 M n 0 0 0 Q Q N N I\ �-. %� z %. %. N a b 0 N: N N � Q Q Q Q Q Q C�1 ii R Qi z z z z v b fV b Oi h � M 0c) 7 z O Q a F jotz a q z w Wz -g o W as 0 wcc F" Wiw 2 1 1 jlw0 z� EXHIBIT A PROPOSED COSTS FISCAL YEAR 2014 -2015 LOS ALTOS UNINCORP. RATES CUPERTINO HILLS SARATOGA CITIES GENERAL LAW ENFORCEMENT Proposed Hours - Activity Proposed Hours - Patrol Total Hours Proj Costs FY 2014 -2015 @ $164.90 TRAFFIC ENFORCEMENT- DAYS: Proposed Hours Proj Costs FY 2014 -2015 @ $162.43 Cupertino @ $162.45 TRAFFIC ENFORCEMENT- NIGHTS 38,248.0 5,421.0 20,060.0 14,696.0 $6,307,095 $893,923 $3,307,894 $2,423,370 7,200.0 43.0 4,195.4 0.0 $6,984 $681,451 $0 $1,169,640 Proposed Hours 0.0 0.0 0.0 0.0 Proj Costs FY 2014 -2015 @ $166.04 $01 $0 $0 Cupertino @ $166.06 $0 INVESTIGATIVE HOURS: Proposed Hours 7,200.0 600.0 2,400.0 0.0 Proj Costs FY 2014 -2015 @ $159.02 $1,144,944 $95,412 $381,648 $0 FY15 Contract Cities—Proposed Costs 05 -15 -2014 A-39 DSA =O% RATES RESERVES ACTIVITY HOURS: Proposed Hours Proj Costs FY 2014 -2015 @ $48.70 OPERATING COSTS OF WEST VALLEY SUBSTATION: EXHIBIT A PROPOSED COSTS FISCAL YEAR 2014 -2015 LOS ALTOS UNINCORP CUPERTINO HILLS SARATOGA CITIES 1,650.0 22.0 340.0 0.0 580,355 $1,071 $16,558 $0 Proj Hours FY 2014 -2015 45,448 5,464 24,255 14,696 89,863 1,815.5 0 0 0 Percentage 50.5748% 6.0804% 26.9911% 16.3538% Proj Costs July 2014 - Oct 2014 @ $418,614 yr $70,571 $8,484 $37,663 $22,820 Proj Costs Nov 2014 -Jun 2015 @ $418,614 yr $141,142 $16,969 $75,326 $45,639 Total Proj Costs of Substation = $418,614 $211,713 $25,453 $112,989 $68,459 SUBTOTAL COSTS Proj Costs FY 2014 -2015 PROJECTED SPECIAL SERVICES Projected Hours FY 2014 -2015 Cupertino Traffic Sergeant Saratoga School Resource Officer $8,913,747 11,022,843 $4,500,540 $2,491,829 1,815.5 0 0 0 $189,351 $0 $0 $0 $0 $0 $100,000 $0 SCHOOLS RESOURCE OFFICER Proj Costs FY 2014 -2015 @ $136.23 $395,721 $O $0 $0 (1 SRO @ 85% and 1 SRO @ 75 %) TOTAL SHERIFF LAW ENFORCEMENT COSTS Projected Costs FY 2014 -2015 $9,498,819 $1,022,843 $4,600,540 $2,491,829 CAPPED COSTS 2014 -2015 Proj Costs Capped @ 4.6% (CPI +2 %) Increase $9,840,602 $1,060,170 $4,753,605 $0 AMOUNTS BELOW CAP OF 4.6% ($341,783) ($37,327) ($153,065) $0 FY15 Contract Cities—Proposed Costs 05 -15 -2014 A-40 DSA =O% THIS PAGE INTENTIONALLY LEFT BLANK rom: Wendy Riggs <wendy.riggs(c�,gmail.com> Date: February 11, 2015 at 10:45:02 PM PST To: Greg Larson <glarson(a�los atg osca gov >, Steve Leonardis <sleonardis c(�losgatosca.eov >, Barbara Spector < >, "Rob Rennie" <rrennieglosgatosca.gov >, Marcia Jensen at <MJensen LosGatosCA. ov >, <MSavoc(i LosGatosCA.gov> Subject: February 17th Council Agenda item regarding the LGMSPD Dear Town Management and Council Members, It is my understanding that at the Feb 17th Town Council meeting there is an agenda item to consider switching from our own police department to use of the sheriffs office to achieve cost savings. I understand that from a budgetary perspective this would seem like a logical option. However I think that this is not as simple as numbers on a spreadsheet. • Where would the citizens of Los Gatos and Monte Sereno go to report crimes, request reports, retrieve evidence, found property and other services provided by the civilian staff? • What is the value of having our own communications center with dispatchers that are familiar with the Town of Los Gatos and the City of Monte Sereno? • What is the value of having officers working in one community for their entire career, opposed to deputies rotating through several communities on a contractual basis? • What is the value of a locally controlled police command staff onsite and available to respond 24 hours a day 7 days a week? • What is the value of the programs and community relationships that have been developed and enjoyed over the years by the Los Gatos -Monte Sereno Police Department and the community? I think this last question is the most important one, how would the Sheriffs office integrate itself into our community? Would they practice community policing at the level we have become accustomed? Presently the School Resource Officers have a direct and effective impact on the health and safety of our youth. They provide support to the schools in times of trouble, but also provide education to the students in our schools on a daily basis on subjects ranging from healthy choices to specific drug and alcohol related information as well as vehicle code and much more. Our schools rely heavily on the assistance they receive from the LGSMPD. I urge you to retain LGMSPD as our health and safety provider. Wendy Riggs President, CASA www.casalg.org 408 - 421 -4343 "Fostering healthy lifestyle choices that help young people resist alcohol and drugs" 1 ATTACHMENT 5 From: Debbie McNulty <debbiemcnultY ,comcast.net> Date: February 11, 2015 at 11:12:56 PM PST To: < lg arson(@los atg osca.gov >, <sleonardis(a,los atg osca.gov >, <bs12ectoralos atg osca.gov >, <rrennieCalosgatosca.gov >, <MJensenna,LosGatosCA.gov >, <MSayoc(a),LosGatosCA.gov> Subject: Re: LGMSPD should be retained as our health and safety provider Hi Steve, Thanks for responding to my letter. I heard about this through a friend who said this would be on the Feb 17th agenda and that I needed to write by Feb 12th for my info to be included in the Town Council Member's packet. I would appreciate if you would review the agenda and confirm that this item is not on it for Feb 17th Thanks, Debbie McNulty Debbie McNulty Independent CAN Consultant 408 - 348 -1261 debbiemmultv(okomcast. net On Feb 11, 2015, at 9:45 PM, Debbie McNulty <debbiemcnultyaa,comcast.net> wrote: Dear Town Council Members, I was surprised tonight to learn of a movement to have the County Sheriff s office take over as the health and safety provider for Los Gatos and Monte Sereno. I would like to express my desire as a long time resident of Los Gatos to retain LGMSPD as our health and service provider. One more time, I feel blindsided by changes that are being considered by our town council without buy -in from our community. This is the first that I have heard of this plan and am learning tonight that we must voice our opinion by tomorrow for our voice to count. What is wrong with this town "? These are decisions that should be made with input from the community. I wish I had more time to review the pros and cons of such a decision, but my initial impression is that the community should have an opportunity to become educated on this and have a say in the decision. My vote at this point is not to outsource to the Sheriffs department. I am happy with the services provided by LGMSPD. With the increase in crime in our neighborhoods, I believe we need more, not less officers on our local streets. Sincerely, Debbie McNulty Los Gatos Resident 408 -348 -1261 debbiemcnulty dicomcast.net tpWN OF !ps CNtpS COUNCIL AGENDA REPORT DATE: FEBRUARY 13, 2015 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER jg� MEETING DATE: 02/17/15 ITEM NO: 10 ADDENDUM SUBJECT: POLICE COST COMPARISON BETWEEN LOS GATOS AND MONTE SERENO, POTENTIAL IMPACTS OF MONTE SERENO CONTRACT TERMINATION, AND POTENTIAL OUTSOURCING REMARKS: Attachment 6 contains correspondence received after 11:00 a.m. on Thursday, February 12, 2015. Attachments 1 -5 (Previously received on l-5 on Februnl2 2015)•20151• 1. Town of Los Gatos Ad Hoc Committee Report 2. Los Gatos /Monte Sereno Law Enforcement Service Contract and Amendment 3. Los Altos Hills Contract for Law Enforcement Services and Supplement 4. Outsourcing Memorandum (with Exhibits A and B) 5. Public comments received through 11:00 a.m. February 12, 2015 Attachments received with this Addendum: 6. Public comments received from 11:01 a.m. February 12 through 11:00 a.m. February 13, 2015 PREPARED BY: MATT FRISBY Chief of Police Reviewed by: Town Manager NJA�Town Attorney K jA Finance NAMGR\AdminW0rkFi1W\2015 Comcil Rep11U\Feb.17 \TC Rprt - PD.Mmte Samo Addmd=.doc THIS PAGE INTENTIONALLY LEFT BLANK •om: <GCD1nc94na,aol.coru> i/ate: February 13, 2015 at 6:08:57 AM PST To: < larsonCcr7loseatos- a.eov> Subject: Outsourceing of public safety Greg, Please do not support the outsourcing of public safety in Los Gatos. Disbanding the Los Gatos -Monte Sereno Police Department and having the Santa Clara County Sheriff provide public safety services is a big step in the wrong direction. In any case, please work to put this item early on the Council's next addenda (not,very late Tuesday night) George Drew 408 354 4244 From: Randy Attaway <randy @agcinc.com> Date: February 13, 2015 at 9:42:29 AM PST To: "glarson @losgatosca.gov" <glarson @losgatosca.gov> Subject: Policing Hi Greg, I agree with Jonathon that the policing issue should be delayed and be put in front on another agenda. This will create a firestorm and should be thoroughly vetted. Randy Attaway, Sr. Project Manager AGC Incorporated 745 -B Camden Avenue, Campbell, CA 95008 Main: 408.369.6305 Ext. 103 Cell: 408.210.7991 Fax: 408.369.0309 'rom: " Serpil Bayraktar (serpil)" <semi](@cisco.com> .late: February 13, 2015 at 10:10:39 AM PST To: "glarson n lossatosca gov" <glarsonna losgatosca eov >, Steve Leonardis < seonardis cni losgatosca eov >, Barbara Spector <bsnector(cr�losgatosca eov >, "Rob Rennie" <rrennie(a�losgatosca EOV >, Marcia Jensen at <MJensen(rDLosGatosCA eov >, Marico Sayoc <MSavocCa LosGatosCA eov> Subject: Please do NOT outsource Public Safety Dear Los Gatos Town Manager and Council Members, My name is Serpil Bayraktar and I am a resident of this charming town for the last 3 years. I have just been informed that there is an agenda item to discuss closing our own Police Department and outsourcing Santa Clara Sheriff Department for the protection of our town. Honestly, I could not believe my ears! One of the most important aspects of living here is the safety and courtesy of our police department. I interacted with Los Gatos/Monte Sereno police officers twice during a party in my neighborhood and found them to be very courteous, attentive, and present with authority in the situations they were addressing. Releasing our town's safety to a big county with lots of different communities will certainly push me to reconsider living in this community as a single mom. If we need cuts, we should consider reducing other expenses or organizing more cultural events to bring in more people to our community and more money. Thank you for considering my input in your decision on this matter, Serpil Bayraktar From: Jeanette Blacy fmailto:ieanetteCalblacvs.comj Sent: Friday, February 13, 2015 12:42 PM To: Greg Larson; Steven Leonardis; BSpector; Rob Rennie; Marcia Jensen; Marico Sayoc Subject: Outsourcing our Police Dept. Hi everyone, I just want to say this PLEASE DO NOT DO THIS I I 1 1 1 As a victim of a terrible crime I have to speak out at what it meant to us to have the police Dept here in town to help us. With the crime rate and invasion robberies on the rise this is a terrible thought to even have. Please don't have a Pollyanna attitude about our beautiful little town. This will effect Los Gatos negatively on so many Levels, I really don't want to start to mention all of them. I am sure you have a good reason to consider such an action but PLEASE DO NOT 1 Respectfully yours, Jeanette Sincerely, Jeanette Blacy G.G. 51 University Ave Los Gatos CA 95030 408 354 9500 phone 408 354 0011 fax 408 221 -1671 cell http: / /www.blacys.com