Agreement for Consultant Services
CSG Consultants, Inc. Page 150
ITEM NO. 8.
Docusign Envelope ID: D19FOAC8- C715- 4CBB- A23D- 63A882728B31 prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant' s negligent performance or wrongdoing.
2. 11 Conflict of Interest. Consultant understands that its professional responsibilities are solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest, should it discover it has done so and shall, at the Town' s sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at the Town' s sole discretion, sever any such employment relationship.
2. 12 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3. 1 Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/ her and his/ her firm to an amount not less than: two million dollars ($2, 000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/ her and his/ her staff to an
Agreement for Consultant Services
CSG Consultants, Inc. Page 151
ITEM NO. 8.
Docusign Envelope ID: D19FOAC8- C715- 4CBB- A23D- 63A882728B31 amount not less than one million dollars ($ 1, 000, 000) combined single limit per accident for bodily injury and property damage.
iii. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $1, 000,000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement.
General Liability:
i. The Town, its elected and appointed officials, employees, and, agents are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant' s insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees, and agents. Any insurance or self -insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant' s insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Consultant' s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer' s liability.
3. 2 All Coverages. Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk.
3. 3 Workers' Compensation. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required
Agreement for Consultant Services
CSG Consultants, Inc. Page 152
ITEM NO. 8.
Docusign Envelope ID: D19FOAC8- C715- 4CBB- A23D- 63A882728B31 Workers' Compensation insurance for their respective employees. As required by the State of California, with Statutory Limits, and Employer' s Liability Insurance with limit of no less than one million dollars ($ 1, 000,000) per accident for bodily injury or disease.
3. 4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend the Town its elected and appointed officials, agents, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Consultant, or any of the Consultant' s officers, employees, or agents or any subconsultant.
IV. GENERAL TERMS
4. 1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision ofthis Agreement.
4. 2 Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of Santa Clara.
4. 3 Termination of Agreement. The Town and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen days ( 15) written notice of termination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant.
4. 5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney' s fees, including costs of appeal.
4. 6 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
Agreement for Consultant Services
CSG Consultants, Inc. Page 153
ITEM NO. 8.
Docusign Envelope ID: D19FOAC8- C715- 4CBB- A23D- 63A882728B31 Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
CSG Consultants, Inc.
550 Pilgrim Dr
Foster City, CA 94404
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.
4. 7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party.
Agreement for Consultant Services
CSG Consultants, Inc. Page 154
ITEM NO. 8.
Docusign Envelope ID: D19FOAC8- C715- 4CBB- A23D- 63A882728B31 IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
Town of Los Gatos by:
Signed by:
L(6s (hvusfav w 3/ 4/2025
Chris Constantin, Town Manager
Recommended by:
Signed by:
mGbua' bovf A* 2/ 24/ 2025
G-3...
Nicolle Burnham,
Director of Parks and Public Works
Approved as to Form:
44- Signed by:
L1 raDvl b' tNW,A t 2/ 28/ 2025
E-P...
Gabrielle Whelan, Town Attorney
Attest:
Signed by:
UJ ( Pb4 3/ 4/ 2025
Wendy Wood, CIVIC, Town Clerk
CSG Consultants, Inc. by:
DOCUSigned by:
LMSFF7772rATB7-
tal bt t.V` 2/ 24/ 2025
Cyrus Kianpour, President
Agreement for Consultant Services
CSG Consultants, Inc. Page 155
ITEM NO. 8.
Docusign Envelope ID: D19FOAC8- C715- 4CBB- A23D- 63A882728B31
CSG CONSULTANTS
Employee - Owned
June 26, 2024
James Watson, PE
Senior Civil Engineer — Land Development
Town of Los Gatos
41 Miles Avenue
Los Gatos, CA 95030
Re: Town of Los Gatos Parks and Public Works Staff Augmentation Assistance Dear Mr. Watson,
550 Pilgrim Drive
Foster City, CA 94404
Phone: 650. 522. 2500
Fax: 650. 522. 2599
www. csgengr. com
CSG Consultants, Inc. ( CSG) is pleased to present this proposal to the Town of Los Gatos (Town) to provide part-time staff augmentation services for its land development team. CSG understands that the candidate would be working one or two days a week at the Town' s Engineering office for collaboration of weekly work assignments and review of the work items listed below:
0 Review and provide comments on encroachment permit plans/ applications for public improvements.
0 Review and provide comments on grading permit plans/ applications. 0 Review and provide comments on building permit plans/ applications related to public works. 0 Other duties as assigned.
CSG is pleased to offer Mehdi Sharifi, PE, LEED AP, for this assignment. Mehdi is a Senior Engineer and is available to start assisting the Town as of September 18th, 2024, for the next two to three years, the duration ofthis assignment. CSG understands that the Town needs assistance prior to September 18th, 2024; therefore, CSG is very pleased to offer Jen Chen, EIT, PACP, to start this assignment immediately until Mehdi is available on September 18th or earlier. CSG is unwavering in its commitment to a seamless transition between Mehdi and Jen and will bear all costs for the transition between them. CSG understands that the task will likely involve both on -site and off -site and the assignment will require 16 to 24 hours a week. Both Mehdi and Jen are committed to the weekly required time commitment for the duration of this assignment.
CSG' s proposed staff will perform such work as described below, but not limited to:
1. 0 — Staff Augmentation
0 Provide customer service addressing inquiries related to the Public Works Department for applications and engineering requirements.
0 Review encroachment permits.
0 Inspect grading, drainage, sewer, sidewalks, curbs and roadway improvements, as needed. 0 Assist Public Works related code enforcement issues, as needed. 0 Respond to citizen complaints regarding construction impacts and regulations. 0 Perform off -site review and approval of applications for new development including grading permits compliance with City codes and NPDES requirements. 0 Perform other duties as assigned.
As a token of appreciation to the Town as a long- term client, CSG is pleased to offer this service at the Associate Engineer rate of $200 per hour, based on our 2024 Standard Fees. Please see the hourly rate attachment, along with the resumes for Mehdi and Jen, for your reference.
ITEM NO. 8.
Docusign Envelope ID: D19FOAC8- C715- 4CBB- A23D- 63A882728B31 CSG looks forward to working with the Town to continue providing engineering services to meet the Town' s needs. Should you have any questions, please feel free to contact me at (650) 522- 2511 or by email at hatemPcsgengr. com.
Sincerely,
A
Hatem Ahmed, PE, VPM P
Senior Principal Engineer
Attachments:
0 2024Standard Fees
0 Resumes of Mehdi Sharifi, PE, LEEP AP and Jen Chen, EIT, PACP Cc: Sophie Truong, PE, PLS, QSD/ P— Senior Principal Engineer Mario Camorongan, PE, CFM, QSD/ P — Principal Engineer
ITEM NO. 8.
Docusign Envelope ID: D19FOAC8- C715- 4CBB- A23D- 63A882728B31 CSG Engineering Services Fee Schedule
CSG Consultants' fee schedule for proposed services is provided below.
CSG CONSULTANTS
PERSONNEL/• HOURLY
Administrative Assistant
Engineering Intern
Assistant Engineer
RATE
115
145
180
Associate Engineer 220
Structural Engineer 270
Associate Surveyor 210
Senior Engineer 245
Senior Land Surveyor 245
Senior Structural Engineer 295
Principal Engineer 295
Senior Principal Engineer 315
Two -Person Survey Crew 440
Assistant Project Manager 180
Project Manager 240
Senior Project Manager 260
Office Engineer 180
Construction Inspector 190
Senior Construction Inspector 210
Assistant Resident Engineer 210
Resident Engineer/ Construction Manager 265
Structural Representative 265
Senior Construction Manager 315
TERMS
All hourly rates include overhead costs including but not limited to salaries, benefits, workers' compensation insurance, local travel, and miscellaneous office expenses.
Overtime services and services provided outside of normal business hours will be billed at 1. 5x the applicable hourly rate.
On July 1 of each year following the contract start year, CSG will initiate an hourly rate increase based on change in CPI for the applicable region.
CSG will mail/ email an invoice every month for services rendered during the previous month. Unless otherwise agreed, payment terms are 30 days from receipt of invoice.
This fee proposal is valid for a period of 90 days from date of submittal.
ITEM NO. 8.
Docusign Envelope ID: D19FOAC8- C715- 4CBB- A23D- 63A882728B31 Mehdi Sharifi PE, LEEDAP CSG CONSULTANTS
Senior Engineer v
LICENSES & Mr. Sharifi has over 25 years of civil engineering experience with a focus on land CERTIFICATIONS development reviews. He has provided land development review on a variety of Professional Civil Engineer, State of projects ranging from single family residential homes to expansive subdivisions and California 1 62646 commercial improvements. Prior to joining CSG, Mr. Sharifi has worked with another LEED Accredited Professional consulting engineering firm gaining experience in the design and production aspects of improvement plans from schematic design to design development to construction vni irATinnP documents and construction support.
Bachelor of Science, Civil Engineering RELEVANT E X P E R I E N r University of Texas I Austin, TX
Land Development Staff Augmentation I City of San Mateo, CA NKurtbbiuNAL Mr. Sharifi has performed an onsite land development review for the City' s development AFFILIATIONS projects. His general duties included providing plan check review of all minor private Toastmasters International development including but not limited to grading plans, public improvement plans, utility Club: 4840673 improvement plans, tenant map improvement plans, and plot plans.
Land Development Staff Augmentation I Town of Woodside, CA Mr. Sharifi performed an onsite plan review for reviewing and approving site permits, building permits, and encroachment permits.
Land Development Staff Augmentation I City of Gilroy, CA Mr. Sharifi performed an onsite land development review for the City' s development projects. His general duties included providing plan check review of all major and minor private development ( residential and commercial) including but not limited to grading plans, public improvement plans, utility improvement plans, tenant map improvement plans, and plot plans.
Glen Loma Ranch — Phase 1A I City of Gilroy, CA
Mr. Sharifi serves as one of the primary plan review engineers for this land development project involving three residential subdivision improvement plans ( Vista Bella, Petite Sirah and Motaro) with a total of 274 units. He provided review of rough grading and backbone infrastructure improvements including street design, utilities, signing & striping plans, construction phasing plans, erosion control plans, two roundabout designs Luchessa/ 10th Street and Santa Teresa/ Miller), Storm Water Management Plan, Hydraulics & Hydrology reports, geotechnical reports and joint trench plans.
Hecker Pass East Cluster I City of Gilroy, CA
The land development project consisted of the review of backbone infrastructure improvements including street design, utilities, signing & striping plans, construction phasing plans, erosion control plans, Review of residential subdivision improvement plans with a total of 186 units; including onsite street improvements, utilities, joint trench, several roundabout designs, final maps, Storm Water Management Plan, Hydraulics & Hydrology reports and geotechnical reports.
Hollywood Park Casino I City of Inglewood, CA
Mr. Sharifi served as the primary plan review engineer for the review of civil improvement plans ( grading, drainage, utilities, storm management, etc.) for the relocation of a casino into a newly created structure.
Dublin Ranch Subarea 3 1 City of Dublin, CA
Mr. Sharifi conducted land development review of onsite and office landscape plans for this project. This 64- acre development includes 437 single- family units and townhomes within six neighborhoods.
ITEM NO. 8.
Docusign Envelope ID: D19FOAC8- C715- 4CBB- A23D- 63A882728B31 Jen Chen EIT, PACP
CSG CONSULTANTS
Associate Engineer
LICENSES & Ms. Chen has been working with CSG for the past 21 years. Her experience includes CERTIFICATIONS performing engineering plan reviews and inspections of private development projects, Engineer -in -Training encroachment permit applications, entitlement reviews, civil and stormwater reviews, and lot State of California line adjustments. Additionally, she is experienced with CentralSquare, including TRAKiT and XE 105230 Lucity, which she uses to track all permits, plan checks, and utility management.
NASSCO PACP Certified RELEVANT EXPERIENCI
Land Development Staff Augmentation I City of Foster City, CA EDUCATION Ms. Chen served as a Land Development Engineer on commercial and residential land Bachelor of Science, Civil and development projects. She provided project management services, including plan review, Environmental Engineering inspection, coordination, customer report MRP C. 6 inspection and compliance report preparation, University of California Irvine and closeout. Commercial projects have included a research center, fitness center, and emergency Irvine, CA generator.
Engineering Services I City of Monte Sereno, CA
nnrnn0rncu1r Ms. Chen served as an Associate Engineer on the project and has provided engineering Aservices,
including review and inspection ofland development plans, encroachment permit American Society Civil review
and inspection, customer report MRP C.6 inspection and compliance report Engineering SCE) preparation,
and coordination for various Public Works projects. Engineering Staff Augmentation and Construction Management I Town of Los Altos Hills, CA Ms.
Chen served as Associate Engineer on various projects and has provided engineering staff augmentation services inthe Town of Los Altos Hills, where she performed engineering plan checks for new and redevelopment projects, including residential houses, lot line adjustment, and encroachment permits. Addition responsibilities included the management of sanitary sewer program which included sewer plan review and inspection, operation and maintenance O& M) contract administration, CIWQS reporting, assistance incapital improvement project CIP) planning, and construction managementof 2016 — 2019 Sanitary Sewer Repair and Replacement Project. Land
Development Staff Augmentation I Town of Woodside, CA Ms.
Chen served as a Land Development Engineer for the Town of Woodside. Her duties included performing plan reviews and inspections for site development and encroachment permit applications, assisting the public works department inthe P-TAP17 project application and project management, and conducting technical reviews for the 2016 Sanitary Sewer Management Plan (SSMP). Engineering
Staff Augmentation I Town of Hillsborough, CA Ms.
Chen has provided engineering staff augmentation services inthe Town of Hillsborough, where she also performed engineering plan checks for new and redevelopment projects, including residential houses, lot line adjustment, subdivision, and supervising grading and encroachment permits. Additional various tasks included: Prepared
construction plans, specifications, and engineering estimates (PS&E) for various sewer, street, water, storm drain, and open space management projects. Performed project management including bid and contract award administration. Performed construction management including submittal review, inspections, scheduling, project coordination, conflict resolution, and state/ federal regulations compliance. Reviewed, inspected, and managed utility encroachment permits, revocable encroachment permits, and wireless communications facilities permits. Prepared Engineering & Traffic Survey reports. Represented
the Town at the monthly NPDES TAC meeting and oversees NPDES permit compliance including construction site inspections, illicit discharge control, and annual deliverables preparation.
ITEM NO. 8.
Docusign Envelope ID'. D19F9AC8- C1154CBB- A23Df3A882128B31 TOWN OF LOS GATOS MEETING DATE: 02/ 18/ 2025
COUNCIL AGENDA REPORT ITEM NO: 13
DATE: February 13, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBI ECT: Authorize the Town Manager to Execute a Pass -Through Agreement with CSG, Inc. for the Review of Land Development Entitlement Applications and Subsequent Construction Plan Review and Inspection Services in an Amount Not to Exceed $ 500, 000; and Authorize Revenue and Expenditure Budget Adjustments in the Amount of $ 150, 000 to Recognize Deposits ( Program 5999) and Permit Revenue ( Program 5202) and Associated Expenditures for CSG Services
RECOMMENDATION:
Authorize the Town Managerto execute a pass -through agreement with CSG Consultants, Inc.
CSG') ( Attachment 1) for the review of land development entitlement applications and subsequent construction plan review and inspection services in an amount notto exceed 500, 000; and authorize revenue and expenditure budget adjustments in the amount of 150, 000 to recognize deposits ( Program 5999) and permit revenue ( Program 5202) and associated expendituresfor CSG services.
BACKGROUND:
The Town has experienced an increase in land development applications beyond its current staffing level capacity. The Town issued a Requestfor Qualifications forvarious professional servicesfirms and a list of on - call firms was approved bythe Town Council on February 15, 2024. Staff requested proposalsfrom firms on the approved on -call listto augment Parks and Public Works (" PPW") staff with regard to land use application reviews. Staff requested proposals from six firms on the on -call list to request staff augmentation services. Only one firm, CSG, indicated they had staff available to provide this service.
PREPARED BY: lames Watson
Senior Civil Engineer — Land Development
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, Parks and Public Works Director, Town Engineer
110 E. Main Street Los Gatos, CA 95030 • ( 408) 354- 6832 www. losgatosca. gov Page 161
ITEM NO. 8.
Docusign Envelope ID: D19FOAC8- C715- 4CBB- A23D- 63A882728B31 PAGE 2 OF 2
SUBJECT: Authorize the Town Manager to Execute a Pass - Through Agreement with CSG, Inc. and Authorize Revenue and Expenditure Budget Adjustments in the Amount of $500, 000 to Recognize Future Deposits and Expenditures DATE: February 13, 2025
DISCUSSION:
The number of permit applications received by Parks and Public Works has been consistently increasing year over year and staffing has remained stable at two engineers. To maintain the quality of reviews necessary to ensure responsible development within the Town, staff augmentation is needed. The cost to augment PPW land development staff will be paid by the developers submitting applications, with deposits collected at the time of application and subsequent invoices sent to cover all costs.
CONCLUSION:
If approved, the requested action will provide support to PPW to meet mandated review timelines while maintaining the high quality of reviews.
FISCAL IMPACT:
Staff recommends authorization of the proposed agreement with CSG to provide review services related to permit applications. The proposed revenue and expenditure budget adjustments in the amount of $150, 000 will recognize the deposit and permit revenue and authorize expending for the third -party permit review services. The proposed contract will be a pass -through contract with a not -to -exceed amount of $500, 000. Projects larger than 10 units would be funded through deposits collected. Projects less than 10 units would be funded through regular permit fees collected. The current hourly billing rates for CSG will be included in the contract and include inflationary increases annually ( Exhibit A). The remainder agreement capacity will be budgeted in future fiscal years.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CECA, and no further action is required.
Attachments:
1. Agreement for Consultant Services with Exhibit A - CSG Proposal with 2025 Billing Rates
ITEM NO. 8.
PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/15/2026
ITEM NO: 9
DATE: September 15, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution Rescinding Resolution 2024-046 and Amending the Appendices to the Town Conflict of Interest Code Section 2.30.610 RECOMMENDATION: Adopt a resolution rescinding Resolution 2024-046 and amending the appendices to the Town Conflict of Interest Code, Section
2.30.610.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
STRATEGIC PRIORITY:
This item does not directly address a Strategic Priority; however, it aligns with the Core Goal of Good Governance.
BACKGROUND:
The Political Reform Act requires local agencies to adopt and maintain a Conflict of Interest Code. The Act further requires that in even-numbered years, before October 1, local agencies must conduct a biennial review and update of their Conflict of Interest Code to determine if it is still accurate and address any new positions that must be listed in the local code.
The Town of Los Gatos adopted the Conflict of Interest Code as part of the Town Code in Chapter 2, Article III, Division 4. Revisions to the Conflict of Interest Code may be made by resolution, pursuant to Ordinance 2139, adopted by the Town Council on February 8, 2005. On December 19, 2017, the Council amended the Conflict of Interest Code with the adoption of
ITEM NO. 9.
PAGE 2 OF 3
SUBJECT: Adopt a Resolution Rescinding Resolution 2024-046 and Amending the Appendices to the Town Conflict of Interest Code Section 2.30.610 DATE: September 15, 2016
Ordinance 2267, which mandates all Conflict of Interest filers must file the Form 700 electronically via NetFile, the Town’s e-filing system, beginning February 1, 2019.
In 2022, the Town updated its Conflict of Interest Code to add new positions and change the name of the Finance Commission from the Council Finance Committee to the Finance Commission. At that time, the General Plan Advisory Committee was also removed, as the Committee had completed its work. Additionally, the disclosure categories (Attachment 1, Exhibit B) were consolidated into three categories to streamline the reporting requirements applicable to designated positions.
In 2024, the Town updated its disclosure filing requirements to align designated positions and committees with their respective duties and responsibilities. The Administrative Analyst, Permit Technician, and Personnel Board were removed from the list of required filers because their responsibilities did not require disclosure under the applicable requirements. The Building Board of Appeals was removed following its disbandment, and the Diversity, Equity, and Inclusion Commission was added to the list of required filers.
DISCUSSION:
As required by the Political Reform Act, the Town has conducted its biennial review of the Conflict of Interest Code and List of Designated Positions. Based on this review, staff is proposing revisions to reflect the Town’s current organizational structure and ensure consistency with the reporting requirements applicable to designated positions. The proposed changes include adding the Division Manager position, changing the Finance Director title to Administrative Services Director, and changing the Information Technology (IT) Manager title to Information Technology (IT) Director. The Information Technology (IT) System Administrator title has also been updated to use the full department name for consistency. The proposed revisions are reflected as redline changes in Attachment 1.
Those in designated positions are required to file the Fair Political Practices Commission (FPPC) Form 700, Statement of Economic Interests, annually by April 1 with the Town Clerk. The proposed revisions will ensure the List of Designated Positions remains current and accurately identifies positions subject to the Political Reform Act’s reporting requirements.
CONCLUSION:
The proposed revisions complete the Town’s biennial review of its Conflict of Interest Code and fulfill the Political Reform Act requirement to review and, as necessary, update the Code and List of Designated Positions. These revisions ensure the List of Designated Positions reflects the Town’s current organizational structure and the reporting requirements applicable to designated positions. Staff recommends that the Town Council adopt the proposed resolution.
ITEM NO. 9.
PAGE 3 OF 3
SUBJECT: Adopt a Resolution Rescinding Resolution 2024-046 and Amending the Appendices to the Town Conflict of Interest Code Section 2.30.610 DATE: September 15, 2016
COORDINATION:
The preparation of this report was coordinated with the Town Attorney’s Office.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Redline Designated Positions
2. Draft Resolution with Exhibits A and B
ITEM NO. 9.
ATTACHMENT 1
Appendix A
DESIGNATED POSITIONS DISCLOSURE CATEGORY
ADMINISTRATION
Town Council 1
Town Manager 1
Assistant Town Manager 1
Town Clerk 2
Deputy Clerk 2
Division Manager 1
Administrative Services Director 1
Finance and Budget Manager 2
Human Resources Director 2
Information Technology (IT) Director 2
Economic Vitality Manager 1
Events and Marketing Specialist 2
Information Technology (IT) System Administrator 2
COMMUNITY DEVELOPMENT
Community Development Director 1
Planning Manager 1
Senior Planner 1
Assistant Planner 1
Associate Planner 1
Planning Technician 1
Code Compliance Officer 1
Building Official 1
Senior Building Inspector 3
Building Inspector 3
LIBRARY
Library Director 2
Library Manager 2
PARKS AND PUBLIC WORKS
Director of Parks and Public Works 1
Assistant Director/Town Engineer 1
Superintendent 1
Senior Administrative Analyst 1
Arborist 1
Assistant Engineer 1
Associate Engineer 1
Traffic Engineer 1
Public Works Inspector 1
ITEM NO. 9.
ATTACHMENT 1
Senior Public Works Inspector 1
Associate Engineer Technician 1
Engineering Technician 1
Senior Engineering Technician 1
Environmental Programs Specialist 2
Urban Forest Manager 1
Project Manager/Construction Project Manager 1
Transportation and Mobility Manager 1
Operations Manager 1
Supervising Equipment Mechanic 2
POLICE DEPARTMENT
Police Chief 1
Police Captain 1
Records and Communications Manager 2
Senior Administrative Analyst 2
Community Outreach Coordinator 2
TOWN ATTORNEY
Town Attorney 1
Deputy Town Attorney 1
BOARD, COMMISSION, AND COMMITTEE MEMBERS
Arts and Culture Commission 1
Community Health and Senior Services Commission 2
Complete Streets and Transportation Commission 1
Conceptual Development Advisory Commission 3
Diversity, Equity, and Inclusion Commission 2
Finance Commission 2
Development Review Committee 3
General Plan Committee 3
Historic Preservation Committee 3
Library Board 2
Parks Commission 1
Planning Commission 1
SPECIFIED CONSULTANTS
Those consultants defined as a “consultant” by the Fair 1 Political Practice Commission and as determined by the
Town Attorney in writing.
A Consultant is defined as an individual who contracts with or whose employer contracts with state or local government agencies and who makes, participates in making, or acts in a staff capacity for making governmental decisions.
ITEM NO. 9.
ATTACHMENT 1
FPPC Regulation 18700.3 defines “consultants” as including the following individuals who make a governmental decision whether to:
Approve a rate, rule, or regulation
Adopt or enforce a law
Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement
Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval
Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract Grant agency approval to a plan, design, report, study, or similar item Adopt, or grant agency approval of, policies, standards, or guidelines for the agency or for any of its subdivisions
A consultant also is an individual who serves in a staff capacity with the agency and:
Participates in making a governmental decision; or
Performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency’s conflict-of-interest code.
In addition, the Town Attorney may determine in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with these disclosure requirements. Such written determination shall include a description of the consultant's duties and based upon that description, a statement of the extent of disclosure requirements. The Attorney’s determination is a public record and shall be available for inspection.
ITEM NO. 9.
1 of 3
Draft Resolution Adoption Date
DRAFT RESOLUTION
RESOLUTION OF THE TOWN COUNCILOF THE TOWN OF LOS GATOS
RESCINDING RESOLUTION 2024-046AND AMENDINGTHE APPENDIX OF THE TOWN'S CONFLICT OF INTEREST CODEPURSUANT TO LOS GATOS TOWN CODESECTION 2.30.610 WHEREAS, the Political Reform Act, codified at Government Code section 81000, et seq., requires State and local government agencies to adopt and promulgate conflict of interest codes; WHEREAS, the Fair Political Practices Commission has adopted a regulation, California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearing; WHEREAS, the terms of California Code of Regulations Section 18730 have been adopted by reference by the Town Council in Los Gatos Town Code Section 2.30.610; WHEREAS, the Town Council adopted Ordinance 2139 intended to better facilitate the process of updating the Town's Conflict of Interest Code by authorizing the adoption and periodic updates of the detailed appendices required by California Code of Regulations Section 18730 containing the designation of positions and disclosure categories; and WHEREAS, this resolution is intended to update the Town of Los Gatos Conflict of Interest Code by amending the detailed appendices containing the designation of positions and disclosure categories.
NOW THEREFORE, BE IT RESOLVED:
1. Appendix A (Statement of Economic Interest for Designated Employee) to this Resolution shall constitute an Appendix to the Town of Los Gatos Conflict of Interest Code, by listing of those positions that are required to submit Statements of Economic Interests pursuant to the Political Reform Act of 1974, as amended. The Town Council hereby finds that the officers and employees holding the following designated positions make, or participate in the making of decisions which may reasonably have a material effect on financial interests, and are, therefore, designated employees of the Town of Los Gatos solely for purposes of the Fair Political Practices Act and required to make financial disclosures as specified in Exhibit A.
2. Appendix B (Disclosure Categories) to this Resolution shall constitute an Appendix to the Town of Los Gatos Conflict of Interest Code, as amended, listing the ATTACHMENT 2
ITEM NO. 9.
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Draft Resolution Adoption Date
disclosure categories that are required pursuant to the Political Reform Act of 1974.
When a designated employee is required to disclose investments and sources of income, he or she need only disclose investments in business entities and sources of income, including receipt of gifts, loans, and travel payments, from sources located in or doing business in the Town of Los Gatos, plan to do business in the Town of Los Gatos, or have done business in the Town of Los Gatos within the past two (2) years.
In addition to other activities, a business entity is doing business within the Town of Los Gatos if it owns real property within the Town of Los Gatos. When a designated employee is required to disclose interests in real property, he or she need only disclose real property which is located in whole or in part within the Town or not more than two miles outside of Town boundaries or not more than two miles from any land owned or used by the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the _____ day of ____________, 2026, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 9.
3 of 6
Draft Resolution Adoption Date
Appendix A
DESIGNATED POSITIONS DISCLOSURE CATEGORY
ADMINISTRATION
Town Council 1
Town Manager 1
Assistant Town Manager 1
Town Clerk 2
Deputy Clerk 2
Division Manager 1
Administrative Services Director 1
Finance and Budget Manager 2
Human Resources Director 2
Information Technology (IT) Director 2
Economic Vitality Manager 1
Events and Marketing Specialist 2
Information Technology (IT) System Administrator 2
COMMUNITY DEVELOPMENT
Community Development Director 1
Planning Manager 1
Senior Planner 1
Assistant Planner 1
Associate Planner 1
Planning Technician 1
Code Compliance Officer 1
Building Official 1
Senior Building Inspector 3
Building Inspector 3
LIBRARY
Library Director 2
Library Manager 2
PARKS AND PUBLIC WORKS
Director of Parks and Public Works 1
Assistant Director/Town Engineer 1
Superintendent 1
Senior Administrative Analyst 1
Arborist 1
Assistant Engineer 1
Associate Engineer 1
Traffic Engineer 1
Public Works Inspector 1
ITEM NO. 9.
4 of 6
Draft Resolution Adoption Date
Senior Public Works Inspector 1
Associate Engineer Technician 1
Engineering Technician 1
Senior Engineering Technician 1
Environmental Programs Specialist 2
Urban Forest Manager 1
Project Manager/Construction Project Manager 1
Transportation and Mobility Manager 1
Operations Manager 1
Supervising Equipment Mechanic 2
POLICE DEPARTMENT
Police Chief 1
Police Captain 1
Records and Communications Manager 2
Senior Administrative Analyst 2
Community Outreach Coordinator 2
TOWN ATTORNEY
Town Attorney 1
Deputy Town Attorney 1
BOARD, COMMISSION, AND COMMITTEE MEMBERS
Arts and Culture Commission 1
Community Health and Senior Services Commission 2
Complete Streets and Transportation Commission 1
Conceptual Development Advisory Commission 3
Diversity, Equity, and Inclusion Commission 2
Finance Commission 2
Development Review Committee 3
General Plan Committee 3
Historic Preservation Committee 3
Library Board 2
Parks Commission 1
Planning Commission 1
ITEM NO. 9.
5 of 6
Draft Resolution Adoption Date
SPECIFIED CONSULTANTS
Those consultants defined as a “consultant” by the Fair 1 Political Practice Commission and as determined by the
Town Attorney in writing.
A Consultant is defined as an individual who contracts with or whose employer contracts with state or local government agencies and who makes, participates in making, or acts in a staff capacity for making governmental decisions.
FPPC Regulation 18700.3 defines “consultants” as including the following individuals who make a governmental decision whether to:
Approve a rate, rule, or regulation
Adopt or enforce a law
Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement
Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval
Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract Grant agency approval to a plan, design, report, study, or similar item Adopt, or grant agency approval of, policies, standards, or guidelines for the agency or for any of its subdivisions
A consultant also is an individual who serves in a staff capacity with the agency and:
Participates in making a governmental decision; or
Performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency’s conflict-of-interest code.
In addition, the Town Attorney may determine in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with these disclosure requirements. Such written determination shall include a description of the consultant's duties and based upon that description, a statement of the extent of disclosure requirements. The Attorney’s determination is a public record and shall be available for inspection.
ITEM NO. 9.
6 of 6
Draft Resolution Adoption Date
Appendix B
General Provisions
Designated employees shall disclose their financial interest pursuant to the appropriate disclosure category as indicated in section 2.30.610.
Category I: All investment and business positions in business entities, sources of income (including receipt of gifts, loans, and travel payments) from sources located in or doing business in the Town of Los Gatos and interests in real property located in the Town of Los Gatos or within two miles of the Town of Los Gatos or property owned by the Town of Los Gatos.
Category 2: Investments and positions in business entities and all sources of income (including receipt of gifts, loans, and travel payments) from sources located in or doing business in the Town of Los Gatos.
Category 3: Interests in real property located in the Town of Los Gatos or within two miles of the Town of Los Gatos or property owned by the Town of Los Gatos.
ITEM NO. 9.
PREPARED BY: Diane Howard
Finance Division Manager
Reviewed by: Town Manager, Assistant Town Manager, and Administrative Services Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/15/2026
ITEM NO: 10
DATE: September 4, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve and Ratify the Accounts Payable Check Registers and Payroll Report
RECOMMENDATION: Approve the Accounts Payable Check Registers dated August 28, 2026, and September 4, 2026, and ratify and approve the Payroll Report dated September 4, 2026.
FISCAL IMPACT:
Approval and ratification of the reports will have no additional fiscal impact. The reports document $1,425,831.99 in payments previously issued, consisting of $434,210.99 in accounts payable payments and $991,621.00 in payroll payments. Staff represents that all payments were charged to accounts authorized in the Town Council approved budgets and were within available appropriations.
STRATEGIC PRIORITY:
This item supports the Town’s amended 2025 to 2027 Top Strategic Priority to ensure prudent financial management, under the Fiscal Stability Core Goal.
BACKGROUND:
Pursuant to Town Municipal Code section 2.30.020 (d) payroll warrants need not be audited by the Town Council prior to payment. Payrolls shall be presented to the Town Council for ratification and approval at the regular meeting after delivery of the payroll warrants.
The Town Code does not provide specific direction on accounts payable. However, Government Code Section 37208 provides the following guidance:
ITEM NO. 10.
PAGE 2 OF 3
SUBJECT: Accounts Payable Check Registers and Payroll Reports DATE: September 15, 2026
(a) Payroll warrants or checks need not be audited by the legislative body prior to payment.
Payrolls shall be presented to the legislative body for ratification and approval at the first meeting after delivery of the payroll warrants or checks. (b) Warrants or checks drawn in payment of demands certified or approved by the city clerk as conforming to a budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior to payment.
(c) Notwithstanding subdivisions (a) and (b), budgeted payrolls and demands paid by warrants or checks may be presented to the legislative body for ratification and approval in the form of an audited comprehensive annual financial report.
DISCUSSION:
Administrative Services staff presents biweekly payroll reports to the Council on consent, as prescribed in the Municipal Code.
Although not specifically required under Municipal Code or the Government Code, it is considered good practice to report on checks paid by a government agency. As such, staff provides accounts payable check registers, along with payroll reports, on a biweekly basis as part of the consent calendar for regular council meetings.
Accounts payable and payroll for the following periods have been audited and approved by staff for the following payments:
Type Check Date Amount
Accounts Payable August 28, 2026 $ 156,556.08
Accounts Payable September 4, 2026 $ 277,654.91
Payroll September 4, 2026 $ 991,621.00
Combined Accounts Payable
and Payroll Total
$ 1,425,831.99
ALTERNATIVES:
The Council may request clarification or correction of a specified register and continue consideration of that portion of the item. Because the payroll warrants have already been delivered, staff recommends that any requested correction be narrowly identified and returned promptly for Council ratification and approval.
CONCLUSION:
Presenting the payroll reports for Council ratification and approval complies with the Town Code and Government Code. Presenting the accounts payable registers provides additional transparency and Council oversight as an administrative best practice.
ITEM NO. 10.
PAGE 3 OF 3
SUBJECT: Accounts Payable Check Registers and Payroll Reports DATE: September 15, 2026
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ATTACHMENTS:
1. Accounts Payable Register for 08/28/2026
2. Accounts Payable Register for 09/04/2026
3. Payroll by Location for 09/04/2026
ITEM NO. 10.
ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 08-28-26
CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 163476 08/28/2026 ALLISON MORTON 09/08/26-09/11/26 PER DIEM REIMBURSEMENT - RISE WLLE CONFERENCE 1114201 64111 $ 237.75 163476 Total $ 237.75
163477 08/28/2026 AMAZON CAPITAL SERVICES INC 1144NFJLQQP6 SUPPLIES 1117201 61191 $ 210.37 163477 08/28/2026 AMAZON CAPITAL SERVICES INC 14VJXVDJ9QG6 SUPPLIES 6335423 61214 $ 108.76 163477 08/28/2026 AMAZON CAPITAL SERVICES INC 16WH4KHTJXR1 SUPPLIES 1117201 61191 $ 51.90 163477 08/28/2026 AMAZON CAPITAL SERVICES INC 1LW1DJDKQRDR SUPPLIES 1117201 61191 $ 20.81 163477 08/28/2026 AMAZON CAPITAL SERVICES INC 1RM67KDWHQDK SUPPLIES 6212502 61133 $ 30.75 163477 08/28/2026 AMAZON CAPITAL SERVICES INC 1T3N13DWFKCF SUPPLIES 1117201 61191 $ 17.53 163477 08/28/2026 AMAZON CAPITAL SERVICES INC 1TNXDNWLCRQR SUPPLIES 6335423 61214 $ 98.85 163477 08/28/2026 AMAZON CAPITAL SERVICES INC 1TNXDNWLDLTQ SUPPLIES 2617301 62424 $ 424.99 163477 08/28/2026 AMAZON CAPITAL SERVICES INC 1X4DLY7MWTRK AP PRINTER TONER 1112301 61111 $ 454.87 163477 08/28/2026 AMAZON CAPITAL SERVICES INC 1YL7WVG3MNJM SUPPLIES 1117201 61191 $ 24.27 163477 Total $ 1,443.10
163478 08/28/2026 AMAZON CAPITAL SERVICES INC 1FR1RNXFTTXJ SUPPLIES 1117202 61192 $ 10.98 163478 08/28/2026 AMAZON CAPITAL SERVICES INC 1LKXKGDRPTR3 SUPPLIES 6335423 61214 $ 10.98 163478 Total $ 21.96
163479 08/28/2026 ANTHONY SKARAN 08/16/26-08/18/26 PER DIEM REIMBURSEMENT-DRUG RECOGNITION COURSE 1114301 64111 $ 215.00 163479 Total $ 215.00
163480 08/28/2026 BAN SERVICES COMPANY INC 296921 PEST CONTROL SERVICES 6335423 62376 $ 223.00 163480 Total $ 223.00
163481 08/28/2026 BEAR ELECTRICAL SOLUTIONS, INC 12583 JULY 2026 USAS 1115202 63356 $ 440.00 163481 Total $ 440.00
163482 08/28/2026 BRODART COMPANY 681074 SUPPLIES 1117101 61111 $ 128.62 163482 08/28/2026 BRODART COMPANY 681076 SUPPLIES 1117101 61111 $ 128.62 163482 Total $ 257.24
163483 08/28/2026 CANNON DESIGN GROUP 202615 SERVICES THRU 073126 1113999 68412 $ 3,000.00 163483 Total $ 3,000.00
163484 08/28/2026 CAPITOL DEL GRANDE 2 INC 234071 SUPPLIES 1115402 61265 $ 108.15 163484 08/28/2026 CAPITOL DEL GRANDE 2 INC CM233479 CREDIT MEMO 1115402 61265 $ (44.00) 163484 Total $ 64.15
163485 08/28/2026 CHAD ANDERSON 09/08/26-09/11/26 PER DIEM REIMBURSEMENT - RISE WLLE CONFERENCE 1114301 64111 $ 237.75 163485 Total $ 237.75
163486 08/28/2026 CLAUDIA Y MARTINEZ 09/08/26-09/11/26 PER DIEM REIMBURSEMENT - RISE WLLE CONFERENCE 1114101 64111 $ 237.75 163486 Total $ 237.75
163487 08/28/2026 COMCAST 0737380-082326 082826-092726 SERVICE 6212502 62614 $ 131.74 163487 Total $ 131.74
163488 08/28/2026 COMMON SENSE AI INC 1016 2ND PAYMENT OF YEAR 1 6212502 63332 $ 8,333.00 163488 Total $ 8,333.00
163489 08/28/2026 DELL MARKETING LP 10889414685 FEB-JUNE 2025 SERVICES 6212502 63332 $ 4,105.70 163489 Total $ 4,105.70
163490 08/28/2026 DUDEK 202607628 070126-072426 SERVICE 1115401 63219 $ 8,217.23 163490 08/28/2026 DUDEK 202607993 062726-063026 SERVICE 1112105 63219 $ 72.50 163490 Total $ 8,289.73
163491 08/28/2026 EVELYN ROSAS 09/08/26-09/11/26 PER DIEM REIMBURSEMENT - RISE WLLE CONFERENCE 1114201 64111 $ 237.75 ATTACHMENT 1
ITEM NO. 10.
ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 08-28-26
CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 163491 Total $ 237.75
163492 08/28/2026 FLEETPRIDE, INC. 136609702 AUTO PARTS 1115402 61265 $ 54.04 163492 Total $ 54.04
163493 08/28/2026 FRONTIER CALIFORNIA INC 1970184-082226 082226-092126 SERVICE 6212502 62614 $ 414.25 163493 Total $ 414.25
163494 08/28/2026 GEORGIA J EATON 108316 JULY 2026 SERVICES 1115301 62376 $ 3,370.00 163494 Total $ 3,370.00
163495 08/28/2026 GRAINGER 9032515786 SUPPLIES 6335423 61216 $ 124.64 163495 08/28/2026 GRAINGER 9034874983 SUPPLIES 1115401 61275 $ 1,184.03 163495 Total $ 1,308.67
163496 08/28/2026 GREEN HALO SYSTEMS INC 6720 AUGUST 2026 SERVICE 6212502 63332 $ 192.00 163496 Total $ 192.00
163497 08/28/2026 H A BOWEN ELECTRIC INC 66837 061726-063026 SERVICE 6335423 63354 $ 9,487.00 163497 Total $ 9,487.00
163498 08/28/2026 HEATHER MURPHY 09/08/26-09/11/26 PER DIEM REIMBURSEMENT - RISE WLLE CONFERENCE 1114303 64111 $ 237.75 163498 Total $ 237.75
163499 08/28/2026 JACQUELYN D ROSE 081826 REIMB-POLICE LOGOS FOR COMMUNITY POLICE ACADEMY 1114201 62378 $ 43.93 163499 Total $ 43.93
163500 08/28/2026 JAMES D. DE OCAMPO 08/03/26-08/06/26 MILEAGE-FTO TRAINING 1114301 64211 $ 277.10 163500 Total $ 277.10
163501 08/28/2026 LETS - A LAW ENFORCEMENT TECHNOLOGIES CORPOINV-002872 LETS RESPOND/THROW PHONE 1114303 62346 $ 5,795.00 163501 Total $ 5,795.00
163502 08/28/2026 LIEBERT CASSIDY WHITMORE 328518 JUNE 2026 SERVICES 1112201 63214 $ 1,655.00 163502 08/28/2026 LIEBERT CASSIDY WHITMORE 328520 JUNE 2026 SERVICES 1112201 63214 $ 604.50 163502 08/28/2026 LIEBERT CASSIDY WHITMORE 328521 JUNE 2026 SERVICES 1112201 63214 $ 139.50 163502 08/28/2026 LIEBERT CASSIDY WHITMORE 328522 JUNE 2026 SERVICES 1112201 63214 $ 172.50 163502 Total $ 2,571.50
163503 08/28/2026 LYNX TECHNOLOGIES 10702 JULY 2026 GIS SERVICES 6212502 63331 $ 2,990.00 163503 Total $ 2,990.00
163504 08/28/2026 MELIORA PUBLIC SAFETY CONSULTING LG-26-104 DELIVERY OF TRANSITION STUDY 1114101 64212 $ 9,800.00 163504 Total $ 9,800.00
163505 08/28/2026 MIDWEST MOTOR SUPPLY CO., INC. 104714227 SUPPLIES 1115402 61265 $ 444.58 163505 Total $ 444.58
163506 08/28/2026 MIDWEST TAPE 509239739 DVDS 1117201 61191 $ 45.20 163506 Total $ 45.20
163507 08/28/2026 NATHAN T DELIA 08/24/26-08/27/26 PER DIEM REIMBURSEMENT - HITS K9 CONFERENCE 1114301 64282 $ 301.00 163507 Total $ 301.00
163508 08/28/2026 O'BRIEN CODE CONSULTING, INC, 2026001076 B26-0472 16845 HICKS ROAD 1113999 68416 $ 3,497.47 163508 Total $ 3,497.47
163509 08/28/2026 ODP BUSINESS SOLUTIONS 476943344001 SUPPLIES 1113201 61111 $ 263.72 163509 08/28/2026 ODP BUSINESS SOLUTIONS 477980957001 SUPPLIES 1115101 61111 $ 132.83 163509 08/28/2026 ODP BUSINESS SOLUTIONS 478023750001 SUPPLIES 1115101 61111 $ 49.28 163509 08/28/2026 ODP BUSINESS SOLUTIONS 478032091001 SUPPLIES 1115101 61111 $ 129.93 163509 08/28/2026 ODP BUSINESS SOLUTIONS 478023750001-01 SUPPLIES 6335423 61112 $ 13.69
ITEM NO. 10.
ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 08-28-26
CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 163509 Total $ 589.45
163510 08/28/2026 SAN JOSE WATER COMPANY REFUNDEN26-153 REFUND EN26-153 212 THURSTON STREET 6212502 44433 $ 5.00 163510 08/28/2026 SAN JOSE WATER COMPANY REFUNDEN26-153 REFUND EN26-153 212 THURSTON STREET 6212502 44431 $ 40.92 163510 08/28/2026 SAN JOSE WATER COMPANY REFUNDEN26-153 REFUND EN26-153 212 THURSTON STREET 4118101 45978 $ 139.80 163510 08/28/2026 SAN JOSE WATER COMPANY REFUNDEN26-153 REFUND EN26-153 212 THURSTON STREET 1115202 42518 $ 234.00 163510 08/28/2026 SAN JOSE WATER COMPANY REFUNDEN26-153 REFUND EN26-153 212 THURSTON STREET 1115202 44625 $ 405.00 163510 08/28/2026 SAN JOSE WATER COMPANY REFUNDEN26-153 REFUND EN26-153 212 THURSTON STREET 1115202 42514 $ 789.00 163510 Total $ 1,613.72
163511 08/28/2026 PACIFIC GAS & ELECTRIC 00442-081826 071026-081026 SERVICE 1115401 62621 $ 82.33 163511 08/28/2026 PACIFIC GAS & ELECTRIC 01468-081726 071026-081026 SERVICE 6335423 62611 $ 15,573.73 163511 08/28/2026 PACIFIC GAS & ELECTRIC 01468-081726 071026-081026 SERVICE 6335423 62612 $ 98.94 163511 08/28/2026 PACIFIC GAS & ELECTRIC 08696-081726 071026-081026 SERVICE 6335423 62611 $ 76.80 163511 08/28/2026 PACIFIC GAS & ELECTRIC 08696-081726 071026-081026 SERVICE 6335423 62612 $ 8.66 163511 08/28/2026 PACIFIC GAS & ELECTRIC 10807-082026 071526-081326 SERVICE 1115401 62621 $ 144.17 163511 08/28/2026 PACIFIC GAS & ELECTRIC 17087-082026 071426-081226 SERVICE 1115401 62621 $ 95.73 163511 08/28/2026 PACIFIC GAS & ELECTRIC 31221-082126 062526-072326 SERVICE 1115401 62621 $ 2,614.58 163511 08/28/2026 PACIFIC GAS & ELECTRIC 43001-081926 071426-081226 SERVICE 1115401 62621 $ 279.42 163511 08/28/2026 PACIFIC GAS & ELECTRIC 46335-082026 071526-081326 SERVICE 1115401 62621 $ 61.82 163511 08/28/2026 PACIFIC GAS & ELECTRIC 52897-082026 071526-081326 SERVICE 1115301 62611 $ 4,959.87 163511 08/28/2026 PACIFIC GAS & ELECTRIC 52897-082026 071526-081326 SERVICE 1115401 62621 $ 113.44 163511 08/28/2026 PACIFIC GAS & ELECTRIC 61917-082026 071526-081326 SERVICE 1115401 62621 $ 69.33 163511 Total $ 24,178.82
163512 08/28/2026 PACIFIC GAS & ELECTRIC 63609-081926 071526-081326 SERVICE 1115401 62621 $ 3.27 163512 Total $ 3.27
163513 08/28/2026 PLAN JPA PLAN-0702 JULY 2026 CLAIMS 6111302 65541 $ 3,627.00 163513 Total $ 3,627.00
163514 08/28/2026 RICHARD J RONDEAU III 071626 MILEAGE & PARKING REIMB-THREAT LIAISON OFFICER 1114301 64211 $ 304.57 163514 Total $ 304.57
163515 08/28/2026 RURAL SUPPLY HARDWARE INC 7823 SUPPLIES 1115401 61275 $ 15.92 163515 08/28/2026 RURAL SUPPLY HARDWARE INC 7824 SUPPLIES 1115301 61214 $ 14.82 163515 08/28/2026 RURAL SUPPLY HARDWARE INC 7826 SUPPLIES 1115301 61214 $ 18.12 163515 08/28/2026 RURAL SUPPLY HARDWARE INC 7842 SUPPLIES 1115401 61275 $ 14.80 163515 Total $ 63.66
163516 08/28/2026 SANTA CLARA COUNTY SHERIFF OFFICE 1800098829 SLETS ACCESS FOR 4TH QTR ENDING 063026 1114201 63111 $ 3,317.94 163516 Total $ 3,317.94
163517 08/28/2026 SHANNON L LOMBARDO 09/08/26-09/11/26 PER DIEM REIMBURSEMENT - RISE WLLE CONFERENCE 1114202 64111 $ 237.75 163517 Total $ 237.75
163518 08/28/2026 SIERRA PACIFIC TURF SUPPLY INC 01052522 SUPPLIES 1115301 61215 $ 938.02 163518 08/28/2026 SIERRA PACIFIC TURF SUPPLY INC 01053509 SUPPLIES 1115301 61215 $ 76.48 163518 08/28/2026 SIERRA PACIFIC TURF SUPPLY INC 01056359 SUPPLIES 1115301 61215 $ 44.82 163518 08/28/2026 SIERRA PACIFIC TURF SUPPLY INC 01057748 SUPPLIES 1115301 61215 $ 73.71 163518 Total $ 1,133.03
163519 08/28/2026 SPECIALIZED ELEVATOR CORP 519082 JULY 2026 THEATER SERVICE 2515408 63353 $ 325.00 163519 08/28/2026 SPECIALIZED ELEVATOR CORP 519083 AUGUST 2026 THEATER SERVICE 2515408 63353 $ 325.00
ITEM NO. 10.
ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 08-28-26
CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 163519 Total $ 650.00
163520 08/28/2026 SUSTAINABLE WAZE 06 2ND PAYMENT - 2026 LOS GATOS MUSIC IN THE PARK 1112106 62411 $ 10,000.00 163520 Total $ 10,000.00
163521 08/28/2026 US BANK 9783-082426 AUGUST 2026 CAL CARD PAYMENT 111 21115 $ 30,970.22 163521 Total $ 30,970.22
163522 08/28/2026 VERIZON BUSINESS SERVICES 73778492 SV649545 THRU 073126 6335423 62631 $ 323.34 163522 08/28/2026 VERIZON BUSINESS SERVICES 73779383 SV649539 THRU 073126 6335423 62631 $ 253.96 163522 08/28/2026 VERIZON BUSINESS SERVICES 73779386 SV649543 THRU 073126 6335423 62631 $ 67.36 163522 08/28/2026 VERIZON BUSINESS SERVICES 73779387 SV649544 THRU 073126 6335423 62631 $ 111.04 163522 Total $ 755.70
163523 08/28/2026 VERIZON WIRELESS 6150933813 071326-081226 SERVICE 6335423 62632 $ 65.61 163523 08/28/2026 VERIZON WIRELESS 6150933813 071326-081226 SERVICE 1115401 62632 $ 358.87 163523 08/28/2026 VERIZON WIRELESS 6150933813 071326-081226 SERVICE 1115301 62632 $ 153.09 163523 08/28/2026 VERIZON WIRELESS 6150933813 071326-081226 SERVICE 1115201 62632 $ 21.87 163523 08/28/2026 VERIZON WIRELESS 6150933813 071326-081226 SERVICE 1115101 62632 $ 21.87 163523 08/28/2026 VERIZON WIRELESS 6150933813 071326-081226 SERVICE 1113401 62632 $ 21.87 163523 08/28/2026 VERIZON WIRELESS 6150933813 071326-081226 SERVICE 1113301 62632 $ 1,323.63 163523 08/28/2026 VERIZON WIRELESS 6150933813 071326-081226 SERVICE 6212502 62632 $ 114.03 163523 Total $ 2,080.84
163524 08/28/2026 VICKI L BLANDIN LG21-26 TRANSCRIPTION SERVICES 1113201 62310 $ 150.00 163524 08/28/2026 VICKI L BLANDIN LG22-26 TRANSCRIPTION SERVICES 1113201 62310 $ 175.00 163524 08/28/2026 VICKI L BLANDIN LG23-26 TRANSCRIPTION SERVICES 1113201 62310 $ 200.00 163524 Total $ 525.00
163525 08/28/2026 WALTER S. LEVISON JR 2026/048 815 POLLARD 1113999 68413 $ 8,200.00 163525 Total $ 8,200.00
Grand Total $ 156,556.08
ITEM NO. 10.
ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 09-04-26
CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 163526 09/04/2026 AFSCME COUNCIL 57 111449 AFSCME DUES PPE 08/29/26 111 21263 301.86 163526 Total 301.86
163527 09/04/2026 ALAMEDA COUNTY SHERIFF'S OFFICE 10930 081426 EVOC UPDATE - BIRLEY, BRULE, D'ANZA, SKARAN 1114301 64111 1,296.00 163527 Total 1,296.00
163528 09/04/2026 AMAZON CAPITAL SERVICES INC 11VP9WYR9CMR SUPPLIES 2617301 62415 337.97 163528 09/04/2026 AMAZON CAPITAL SERVICES INC 14KVQ1WM34CL SUPPLIES 6335423 61214 54.27 163528 09/04/2026 AMAZON CAPITAL SERVICES INC 16CNDKGJJ7KF SUPPLIES 1117201 61191 88.65 163528 09/04/2026 AMAZON CAPITAL SERVICES INC 1CHLTWCC4TRN SUPPLIES 1117202 61192 222.88 163528 09/04/2026 AMAZON CAPITAL SERVICES INC 1CLT9Y94DQT3 SUPPLIES 1115402 61265 134.53 163528 09/04/2026 AMAZON CAPITAL SERVICES INC 1FMLR1TF1RHV SUPPLIES 1112201 64122 49.17 163528 09/04/2026 AMAZON CAPITAL SERVICES INC 1GJGD3L6WXT6 SUPPLIES - EMERGENCY PREPAREDNESS 4118733 82405 249.14 163528 09/04/2026 AMAZON CAPITAL SERVICES INC 1LJKRXW6M13G SUPPLIES 1117201 61191 104.42 163528 09/04/2026 AMAZON CAPITAL SERVICES INC 1QD7RJJG1HRD SUPPLIES 6212502 61134 169.73 163528 09/04/2026 AMAZON CAPITAL SERVICES INC 1R1MTWRTRL3P SUPPLIES 1117101 61111 48.43 163528 Total 1,459.19
163529 09/04/2026 AMAZON CAPITAL SERVICES INC 17416KWMGXH3 SUPPLIES 1115402 61265 19.82 163529 09/04/2026 AMAZON CAPITAL SERVICES INC 1GWVQVHTHFPL SUPPLIES 1117204 61132 46.11 163529 09/04/2026 AMAZON CAPITAL SERVICES INC 1JLTRRK9LVGG SUPPLIES 1117101 61111 23.91 163529 09/04/2026 AMAZON CAPITAL SERVICES INC 1MG43PMXDP4D SUPPLIES 2617301 62424 24.00 163529 09/04/2026 AMAZON CAPITAL SERVICES INC 1MJ3X1PTWQPL SUPPLIES 1117202 61192 12.28 163529 09/04/2026 AMAZON CAPITAL SERVICES INC 1ML3HYXMGCRJ SUPPLIES 1115401 61275 13.17 163529 09/04/2026 AMAZON CAPITAL SERVICES INC 1RRLCG7TV6PY SUPPLIES - EMERGENCY PREPAREDNESS 4118733 82405 31.30 163529 Total 170.59
163530 09/04/2026 AMERICAN POLICE LEADERSHIP GROUP LLC 26-90 091526 INVESTIGATION COURSE-A DEMONT 1114301 64111 459.00 163530 Total 459.00
163531 09/04/2026 ARWEN LAWRENCE 091026 091026 LIBRARY PROGRAM 1117101 61111 85.31 163531 09/04/2026 ARWEN LAWRENCE 091026 091026 LIBRARY PROGRAM 2617301 62415 700.00 163531 Total 785.31
163532 09/04/2026 AT&T CALNET 3 000025715948 072026-081926 SERVICE 1114201 62622 58.69 163532 Total 58.69
163533 09/04/2026 BEAR ELECTRICAL SOLUTIONS, INC 12584 JULY 2026 ROUTINE SERVICE 1115401 63364 3,782.00 163533 09/04/2026 BEAR ELECTRICAL SOLUTIONS, INC 12585 JULY 2026 RESPONSE 1115401 63364 7,794.00 163533 Total 11,576.00
163534 09/04/2026 BELLECCI & ASSOCIATES 260767-1 071026-073126 SERVICE 4628316 82303 6,213.00 163534 09/04/2026 BELLECCI & ASSOCIATES 260767-2 070126-073126 SERVICE 4628316 82303 5,848.00 163534 09/04/2026 BELLECCI & ASSOCIATES 260837-1 071026-073126 SERVICE 4628313 82303 41,934.40 163534 09/04/2026 BELLECCI & ASSOCIATES 260837-2 070126-073126 SERVICES 4628313 82303 23,284.40 163534 Total 77,279.80
163535 09/04/2026 CAPITOL DEL GRANDE 2 INC 234215 AUTO PARTS 1115402 61265 400.68 163535 09/04/2026 CAPITOL DEL GRANDE 2 INC 234233 AUTO PARTS 1115402 61265 287.43 163535 09/04/2026 CAPITOL DEL GRANDE 2 INC 234285 AUTO PARTS 1115402 61265 399.78 163535 Total 1,087.89
163536 09/04/2026 CAPITOL DEL GRANDE 4 INC 268278 AUTO PARTS 1115402 61265 308.94 ATTACHMENT 2
ITEM NO. 10.
ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 09-04-26
CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 163536 09/04/2026 CAPITOL DEL GRANDE 4 INC 268287 AUTO PARTS 1115402 61265 658.19 163536 Total 967.13
163537 09/04/2026 CHRISTINE M CROSSON 090126 REIMB-K9 EXPENSES 1114301 61174 749.99 163537 Total 749.99
163538 09/04/2026 CLASSIC CAR WASH 0487 JULY 2026 BILLING 1114301 62392 240.00 163538 Total 240.00
163539 09/04/2026 COMCAST 0185598-072826 080326-090226 SERVICE 1114201 62622 623.77 163539 09/04/2026 COMCAST 0185598-082826 090326-100226 SERVICE 1114201 62622 638.77 163539 Total 1,262.54
163540 09/04/2026 DELL MARKETING LP 10889461423 VLA AZURE USAGE RECONCILE 6212502 63332 9,610.89 163540 Total 9,610.89
163541 09/04/2026 FRONTIER CALIFORNIA INC 1884819-082826 082826-092726 SERVICE 6335423 62631 5,767.65 163541 09/04/2026 FRONTIER CALIFORNIA INC 3993048-072826 072826-082726 SERVICE 1114201 62622 128.65 163541 09/04/2026 FRONTIER CALIFORNIA INC 3993048-082826 082826-092726 SERVICE 1114201 62622 143.30 163541 Total 6,039.60
163542 09/04/2026 GOLDFARB & LIPMAN 497413 SERVICES THRU 073126 1111301 63215 1,609.00 163542 Total 1,609.00
163543 09/04/2026 GOODYEAR AUTO SERVICE CENTER 0000109098 TIRES 1115402 61265 141.27 163543 09/04/2026 GOODYEAR AUTO SERVICE CENTER 0000109255 TIRES 1115402 61265 816.56 163543 Total 957.83
163544 09/04/2026 GRAINGER 9039646311 SUPPLIES 6335423 61214 620.67 163544 Total 620.67
163545 09/04/2026 GREGORIO BORROMEO 08/16/26-08/21/26 PER DIEM REIMBURSEMENT - MANAGEMENT COURSE WK1 1114101 64111 473.00 163545 09/04/2026 GREGORIO BORROMEO 09/13/26-09/17/26 PER DIEM REIMBURSEMENT - MANAGEMENT COURSE WK2 1114101 64111 387.00 163545 Total 860.00
163546 09/04/2026 HEATHER MURPHY 09/21/26-09/25/26 PER DIEM REIMBURSEMENT - CAHN CONFERENCE 1114303 64111 318.00 163546 Total 318.00
163547 09/04/2026 HERITAGE LANDSCAPE SUPPLY GROUP INC 0028947152-001 SUPPLIES 1115301 61215 528.64 163547 Total 528.64
163548 09/04/2026 JAMIE M FIELD 09/08/26-09/11/26 PER DIEM REIMBURSEMENT - RISE WLLE CONFERENCE 1114101 64111 237.75 163548 Total 237.75
163549 09/04/2026 JOHN E KARAS 082526 MILEAGE - CITY OF GILROY ORAL BOARD 1112301 64211 50.16 163549 Total 50.16
163550 09/04/2026 KIER & WRIGHT 324646 060126-062826 110 JOHNSON AVE 1115999 68615 690.00 163550 Total 690.00
163551 09/04/2026 KODEX INC TFLBDRX2-0002 SEARCH WARRANT 1114303 61163 245.00 163551 Total 245.00
163552 09/04/2026 LC ACTION POLICE SUPPLY LTD 489621 SUPPLIES 1114301 61161 1,488.39 163552 09/04/2026 LC ACTION POLICE SUPPLY LTD 489673 DELIA VEST 1114301 61253 1,153.67 163552 09/04/2026 LC ACTION POLICE SUPPLY LTD 490136 SUPPLIES - RANGE 1114301 61253 857.03 163552 09/04/2026 LC ACTION POLICE SUPPLY LTD 490260 M CARRIZOSA - BALLISTIC VEST 1114301 61253 1,153.67 163552 Total 4,652.76
163553 09/04/2026 LEADSONLINE PARENT LLC 425351 070126-063027 USER LICENSES 1114303 62153 9,907.32
ITEM NO. 10.
ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 09-04-26
CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 163553 Total 9,907.32
163554 09/04/2026 LEHR UPFITTERS OPCO LLC SI135451 AUTO PARTS 1115402 61265 269.31 163554 Total 269.31
163555 09/04/2026 LOS GATOS SARATOGA DEPT OF 073126TOLG JULY 2026 FINGERPRINTING 1112201 64433 220.00 163555 Total 220.00
163556 09/04/2026 LOS GATOS TOWN EMPLOYEES FOUNDATION 111450 LGTEF DUES PPE 08/29/26 111 21264 438.00 163556 Total 438.00
163557 09/04/2026 METRO PUBLISHING 185768 081226 AD 1112401 62306 266.16 163557 Total 266.16
163558 09/04/2026 MIDWEST MOTOR SUPPLY CO., INC. 104731844 SUPPLIES 1115402 61265 294.37 163558 Total 294.37
163559 09/04/2026 MIDWEST TAPE 509276961 DVDS 1117201 61191 82.77 163559 Total 82.77
163560 09/04/2026 MULTI SERVICE TECHNOLOGY SOLUTIONS 148ST1-5406894 N TURNER 1115402 61213 346.15 163560 09/04/2026 MULTI SERVICE TECHNOLOGY SOLUTIONS 148ST1-5519155 D MITCHELL 1115401 61213 350.00 163560 09/04/2026 MULTI SERVICE TECHNOLOGY SOLUTIONS 148ST1-5519382 M LASH 1115401 61213 350.00 163560 09/04/2026 MULTI SERVICE TECHNOLOGY SOLUTIONS 160ST1-5473990 Z OROZCO 1115301 61213 350.00 163560 09/04/2026 MULTI SERVICE TECHNOLOGY SOLUTIONS 160ST1-5473995 J COVARRUBIAS 1115401 61213 350.00 163560 09/04/2026 MULTI SERVICE TECHNOLOGY SOLUTIONS 160ST1-5474070 V ALVAREZ 1115401 61213 350.00 163560 09/04/2026 MULTI SERVICE TECHNOLOGY SOLUTIONS 160ST1-5474095 G SIMONSON 1115301 61213 350.00 163560 09/04/2026 MULTI SERVICE TECHNOLOGY SOLUTIONS 160ST1-5474140 G VENEGAS 1115301 61213 350.00 163560 09/04/2026 MULTI SERVICE TECHNOLOGY SOLUTIONS 160ST1-5474167 B SAUVE 1115301 61213 348.92 163560 09/04/2026 MULTI SERVICE TECHNOLOGY SOLUTIONS 160ST1-5474559 J COVARRUBIAS 1115401 61213 350.00 163560 Total 3,495.07
163561 09/04/2026 MULTI SERVICE TECHNOLOGY SOLUTIONS 148ST1-2203870309 F VALENZUELA 1115301 61213 180.00 163561 09/04/2026 MULTI SERVICE TECHNOLOGY SOLUTIONS 148ST1-2387253789 E MORT 1115401 61213 180.00 163561 09/04/2026 MULTI SERVICE TECHNOLOGY SOLUTIONS 148ST1-5406193 D SMITH 1115402 61213 163.61 163561 09/04/2026 MULTI SERVICE TECHNOLOGY SOLUTIONS 148ST1-5406730 N TURNER 1115402 61213 304.36 163561 09/04/2026 MULTI SERVICE TECHNOLOGY SOLUTIONS 148ST1-5517471 E MORT 1115401 61213 177.64 163561 09/04/2026 MULTI SERVICE TECHNOLOGY SOLUTIONS 160ST1-5409964 J BLASKEY 1115301 61213 180.00 163561 09/04/2026 MULTI SERVICE TECHNOLOGY SOLUTIONS 160ST1-5476845 I GOMEZ 1115301 61213 180.00 163561 Total 1,365.61
163562 09/04/2026 O'BRIEN CODE CONSULTING, INC, 2026001060 052726-062926 PLAN CHECK SERVICE 1113999 68416 3,541.30 163562 09/04/2026 O'BRIEN CODE CONSULTING, INC, 2026001077 B26-0493 17230 & 17230-A PINE AVENUE 1113999 68416 2,674.37 163562 09/04/2026 O'BRIEN CODE CONSULTING, INC, 2025001177TM B25-1311 PLAN CHECK SERVICE 1113999 68416 375.00 163562 Total 6,590.67
163563 09/04/2026 O'REILLY AUTO ENTERPRISES, LLC 2572-116343 AUTO PARTS 1115402 61265 92.70 163563 09/04/2026 O'REILLY AUTO ENTERPRISES, LLC 2572-116591 AUTO PARTS 1115402 61265 17.44 163563 09/04/2026 O'REILLY AUTO ENTERPRISES, LLC 2572-116790 AUTO PARTS 1115402 61265 243.67 163563 Total 353.81
163564 09/04/2026 ODP BUSINESS SOLUTIONS 475429817001 SUPPLIES 6335423 61251 154.99 163564 09/04/2026 ODP BUSINESS SOLUTIONS 475431385001 SUPPLIES 1115201 61111 21.94 163564 09/04/2026 ODP BUSINESS SOLUTIONS 475431387001 SUPPLIES 1115201 61111 8.67
ITEM NO. 10.
ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 09-04-26
CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 163564 09/04/2026 ODP BUSINESS SOLUTIONS 475431393001 SUPPLIES 1115201 61111 9.44 163564 09/04/2026 ODP BUSINESS SOLUTIONS 478805042001 SUPPLIES 1113201 61111 53.40 163564 09/04/2026 ODP BUSINESS SOLUTIONS 478814433001 SUPPLIES 1113201 61111 11.31 163564 09/04/2026 ODP BUSINESS SOLUTIONS 478892931001 SUPPLIES 1114201 61111 306.80 163564 09/04/2026 ODP BUSINESS SOLUTIONS 479306754001 SUPPLIES 1114201 61111 230.10 163564 Total 796.65
163565 09/04/2026 PACIFIC GAS & ELECTRIC 32085-082526 071726-081726 SERVICE 6335423 62611 27,691.04 163565 09/04/2026 PACIFIC GAS & ELECTRIC 32085-082526 071726-081726 SERVICE 6335423 62612 2,767.56 163565 09/04/2026 PACIFIC GAS & ELECTRIC 34109-082526 071726-081726 SERVICE 1115301 62611 272.74 163565 09/04/2026 PACIFIC GAS & ELECTRIC 54633-082426 071626-081626 SERVICE 6335423 62611 10.51 163565 09/04/2026 PACIFIC GAS & ELECTRIC 66647-082026 071526-081326 SERVICE 1115402 61264 45.76 163565 09/04/2026 PACIFIC GAS & ELECTRIC 73663-082526 071826-081826 SERVICE 1115401 62621 14,940.02 163565 Total 45,727.63
163566 09/04/2026 PACIFIC WATER ART INC 78542 AUGUST 2026 FOUNTAIN MAINTENANCE 1115301 62378 7,668.00 163566 Total 7,668.00
163567 09/04/2026 POLICE MANAGEMENT ASSOCIATION 111451 PMA DUES PPE 08/29/26 111 21265 90.00 163567 Total 90.00
163568 09/04/2026 POLICE OFFICERS ASSOCIATION 111448 POA DUES PPE 08/29/26 111 21262 1,740.00 163568 Total 1,740.00
163569 09/04/2026 PREFERRED ALLIANCE INC 0212187-IN JULY 2026 PERIOD 1112201 62321 82.30 163569 Total 82.30
163570 09/04/2026 REBECCA ALBIN 09/08/26-09/11/26 PER DIEM REIMBURSEMENT - RISE WLLE CONFERENCE 1114101 64111 237.75 163570 Total 237.75
163571 09/04/2026 REED & GRAHAM, INC. 142478 SUPPLIES 1115401 61275 37.40 163571 09/04/2026 REED & GRAHAM, INC. 142562 SUPPLIES 1115401 61275 293.43 163571 Total 330.83
163572 09/04/2026 RURAL SUPPLY HARDWARE INC 7887 SUPPLIES 6335423 61214 59.29 163572 09/04/2026 RURAL SUPPLY HARDWARE INC 7895 SUPPLIES 6335423 61214 18.66 163572 09/04/2026 RURAL SUPPLY HARDWARE INC 7911 SUPPLIES 1115301 61214 159.26 163572 Total 237.21
163573 09/04/2026 SAN JOSE BMW 4430841 AUTO PARTS 1115402 61265 295.45 163573 Total 295.45
163574 09/04/2026 SAN JOSE WATER COMPANY 04216-082426 071826-081826 SERVICE 1115301 62613 5,758.65 163574 09/04/2026 SAN JOSE WATER COMPANY 06660-082426 071826-081826 SERVICE 6335423 62613 3,196.77 163574 09/04/2026 SAN JOSE WATER COMPANY 08501-082426 071826-081826 SERVICE 1115301 62613 1,658.42 163574 09/04/2026 SAN JOSE WATER COMPANY 22767-082426 071826-081826 SERVICE 1115301 62613 14,120.20 163574 09/04/2026 SAN JOSE WATER COMPANY 26334-082426 071726-081726 SERVICE 1115301 62613 8,017.32 163574 09/04/2026 SAN JOSE WATER COMPANY 36725-082426 072226-081726 SERVICE 1115301 62613 1,309.51 163574 09/04/2026 SAN JOSE WATER COMPANY 49687-082426 071826-081826 SERVICE 6335423 62613 3,322.69 163574 09/04/2026 SAN JOSE WATER COMPANY 55379-082426 072226-081826 SERVICE 1115301 62613 2,853.14 163574 09/04/2026 SAN JOSE WATER COMPANY 60886-082426 071826-081826 SERVICE 1115301 62613 820.07 163574 09/04/2026 SAN JOSE WATER COMPANY 69838-082426 072226-081826 SERVICE 1115301 62613 4,198.89 163574 Total 45,255.66
ITEM NO. 10.
ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 09-04-26
CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 163575 09/04/2026 SAN JOSE WATER COMPANY 05325-082426 072426-082426 SERVICE 6335423 62613 186.11 163575 09/04/2026 SAN JOSE WATER COMPANY 09595-082426 072426-082426 SERVICE 1115301 62613 786.65 163575 09/04/2026 SAN JOSE WATER COMPANY 10300-082426 072326-082126 SERVICE 2225203 62613 767.16 163575 09/04/2026 SAN JOSE WATER COMPANY 15970-082426 072226-081826 SERVICE 1115301 62613 382.00 163575 09/04/2026 SAN JOSE WATER COMPANY 27204-082426 072426-082426 SERVICE 6335423 62613 186.11 163575 09/04/2026 SAN JOSE WATER COMPANY 28168-082426 072426-082426 SERVICE 2515408 62613 236.88 163575 09/04/2026 SAN JOSE WATER COMPANY 66752-082426 071826-081826 SERVICE 1115301 62613 275.12 163575 09/04/2026 SAN JOSE WATER COMPANY 80684-082426 072226-081826 SERVICE 1115301 62613 382.00 163575 09/04/2026 SAN JOSE WATER COMPANY 82653-082426 072426-082426 SERVICE 6335423 62613 186.11 163575 09/04/2026 SAN JOSE WATER COMPANY 83824-082426 071726-081726 SERVICE 1115301 62613 438.60 163575 Total 3,826.74
163576 09/04/2026 SAN JOSE WATER COMPANY 41134-082426 072426-082426 SERVICE 1115301 62613 118.44 163576 09/04/2026 SAN JOSE WATER COMPANY 42179-082426 072426-082426 SERVICE 6335423 62613 118.44 163576 09/04/2026 SAN JOSE WATER COMPANY 70771-082426 072426-082426 SERVICE 1115301 62613 186.11 163576 09/04/2026 SAN JOSE WATER COMPANY 73060-082426 072426-082426 SERVICE 1115301 62613 118.44 163576 09/04/2026 SAN JOSE WATER COMPANY 85995-082426 072426-082426 SERVICE 6335423 62613 118.44 163576 Total 659.87
163577 09/04/2026 SANTA CLARA COUNTY SHERIFF OFFICE 1800098775 CRIME TRACER SOUTH BAY INFORMATION SHARING SYSTEM 1114201 63111 1,462.07 163577 Total 1,462.07
163578 09/04/2026 SHIELDS, HARPER & CO 3426935 SUPPLIES 1115402 61265 219.46 163578 Total 219.46
163579 09/04/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006978675 JULY 2026 ADS 1113202 62311 516.10 163579 09/04/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006979954 JULY 2026 ADS 1113202 62311 516.10 163579 09/04/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006981466 JULY 2026 ADS 1113202 62311 516.10 163579 09/04/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006981470 JULY 2026 ADS 1113201 62311 205.66 163579 09/04/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006981472 JULY 2026 ADS 1113201 62311 197.75 163579 09/04/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006981473 JULY 2026 ADS 1113201 62311 200.01 163579 Total 2,151.72
163580 09/04/2026 STEPHEN CIARI PLUMBING AND HEATING 29413 080626 SERVICE 6335423 62373 330.21 163580 09/04/2026 STEPHEN CIARI PLUMBING AND HEATING 29430 081126 SERVICE 6335423 62373 478.09 163580 Total 808.30
163581 09/04/2026 SUMMIT UNIFORMS LLC 42081 UNIFORMS 1114301 61165 3,008.50 163581 09/04/2026 SUMMIT UNIFORMS LLC 41517-1 UNIFORMS - nonsworn 1114201 61165 136.40 163581 Total 3,144.90
163582 09/04/2026 SUNBELT RENTALS INC 187584836-0001 MINI EXCAVATOR 1115401 62353 2,822.69 163582 Total 2,822.69
163583 09/04/2026 THE BANK OF NEW YORK MELLON 00252-26-0151585 080126-073127 ADMINISTRATION FEE 9429404 62331 1,760.00 163583 Total 1,760.00
163584 09/04/2026 TOWN EMPLOYEES ASSOCIATION 111447 TEA DUES PPE 08/29/26 111 21261 1,345.90 163584 Total 1,345.90
163585 09/04/2026 TRIDENT K-9 CONSULTING 1803 K9 TRAINING 1114301 64282 500.00 163585 Total 500.00
163586 09/04/2026 URBAN37 INC 2221 072326 SERVICE 1113999 68416 389.40
ITEM NO. 10.
ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 09-04-26
CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 163586 09/04/2026 URBAN37 INC 2253 073126 SERVICE 1113999 68416 330.00 163586 Total 719.40
163587 09/04/2026 VICKI L BLANDIN LG24-26 TRANSCRIPTION SERVICES 1113201 62310 475.00 163587 Total 475.00
163588 09/04/2026 VISIONSCAPE IMAGERY INC 6028 15495 LOS GATOS BOULEVARD 1113999 68428 7,900.00 163588 Total 7,900.00
Grand Total 277,654.91
ITEM NO. 10.
Town of Los Gatos Check Date 09/04/26 Total Number of Employees Location Total Payroll
1101 - TOWN COUNCIL 1,425.00 5
1301 - TOWN ATTORNEY 11,983.00 1
2101 - TOWN MANAGER 40,109.00 7
2105 - EMERGENCY PREPAREDNESS 10,794.00 3
2106 - ECONOMIC VITALITY 5,990.00 1
2201 - HUMAN RESOURCES 23,411.00 3
2301 - FINANCE 52,448.00 9
2401 - CLERK ADMINISTRATION 17,422.00 3
2501 - INFORMATION TECHNOLOGY 17,942.00 3
3101 - COMMUNITY DEVELOPMENT 121,214.00 22
4101 - POLICE 437,296.00 58
5101 - PARKS AND PUBLIC WORKS 183,991.00 42
7101 - LIBRARY 67,596.00 26
991,621.00 183
ATTACHMENT 3 Page 188
ITEM NO. 10.
PREPARED BY: Nicolle Burnham
Parks and Public Works Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/15/2026
ITEM NO: 11
DATE: September 15, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Fifth Amendment to the Agreement for Consultant Services with AMS Electric LLC (dba Prime Electric LLC) for the Library Battery Power Supply Project
RECOMMENDATION: Authorize the Town Manager to execute a Fifth Amendment to the Agreement for Consultant Services with AMS Electric LLC (dba Prime Electric LLC) to extend the term and time of performance through January 29, 2027, for the Library Battery Power Supply Project (4118721, 4218721; CIP 821-2505).
FISCAL IMPACT:
There is no fiscal impact associated with executing this fifth amendment. The amendment extends the contract term to January 29, 2027, and does not change the original contract amount. Sufficient funds for the remaining services are included in the FY 2026-27 adopted budget.
STRATEGIC PRIORITY:
This item aligns with the Strategic Priority of public safety and aligns with the Core Goal of Quality Public Infrastructure. This is a resiliency project and supports a critical facility that will provide community services during power outages.
BACKGROUND:
The Library Battery Storage Project included the development of design plans and installation of a battery energy storage system tied to the solar photovoltaic (PV) system at the Library. In FY
ITEM NO. 11.
PAGE 2 OF 3
SUBJECT: Fifth Amendment to a Consultant Services Agreement with AMS Electric LLC (dba Prime Electric LLC) Installation of a Battery Storage System at the Library DATE: September 15, 2026
2020-21, Parks and Public Works staff issued a Request for Proposals (RFP), and AMS Electric LLC was selected. An Agreement for Consultant Services was executed on December 7, 2021.
On June 6, 2023, a First Amendment to the Agreement for Services was executed to extend the agreement term to June 30, 2024, to allow for installation and completion of the project, which was delayed due to extended plan review time with Santa Clara County Fire and delays in the manufacturing and delivery of equipment.
On May 7, 2024, a Second Amendment to the Agreement for Services was executed to extend the agreement term to June 30, 2025, to allow time for welded anchoring inspection of the battery cabinet and time for the battery manufacturer to test, operate, and run the internal HVAC system.
On May 20, 2025, a Third Amendment to the Agreement for Services was executed to extend the agreement term to June 30, 2026, to allow time for the replacement of a meter required by PG&E and the extensive reprogramming of the meter that was needed.
On June 16, 2026, a Fourth Amendment to the Agreement for Services was executed to extend the agreement term to September 30, 2026, to allow time for certification and commissioning of the battery by PG&E.
DISCUSSION:
Since its inception, this project has undergone significant design changes. These changes were partially due to the advancing technology and discontinuation of the originally specified equipment. This includes the battery itself and components that allow better regeneration of power through the PV system.
After replacement and reprogramming the meter, commissioning of the Library Battery and its operation occurred in November 2025. During the final Pacific Gas and Electric (PG&E) inspection, it was determined that a critical component was not on the Electric Generation Interconnection (EGI) Equipment list for PG&E. Therefore, PG&E did not approve the operation of the battery and asked the contractor to work with the manufacturer to provide engineering documentation and qualification.
Since June 2026, staff and the contractor have been working closely to seek the required PG&E authorization. This work is ongoing. Given the extensive delays with the project, the Consultant has committed to replacing the existing battery at their cost if PG&E certification is not achieved.
ITEM NO. 11.
PAGE 3 OF 3
SUBJECT: Fifth Amendment to a Consultant Services Agreement with AMS Electric LLC (dba Prime Electric LLC) Installation of a Battery Storage System at the Library DATE: September 15, 2026
CONCLUSION:
Staff recommend authorizing the Town Manager to execute a Fifth Amendment to the Agreement for Consultant Services with AMS Electric LLC (dba Prime Electric LLC) for installation of a battery storage system at the Library to extend the term and time of performance through January 29, 2027.
COORDINATION:
This Staff Report was coordinated with the Town Manager’s office and the law firm of Jarvis Fay.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Fifth Amendment to Agreement
2. Original Agreement with Amendments
ITEM NO. 11.
AMENDMENT TO AGREEMENT
Amendment to Agreement
AMS Electric LLC dba Prime Electric LLC
This FIFTH AMENDMENT TO AGREEMENT amends that certain agreement titled Agreement for Consultant Services dated December 7, 2021, made by and between the Town of Los Gatos, ("Town,") and AMS Electric LLC dba Prime Electric LLC (“Contractor”), a Limited Liability Company and whose address is 1941 Ringwood Ave., San Jose, CA 95131.
RECITALS
1. Town and Consultant entered into an Agreement for Consultant Services on December 7, 2021, (“Agreement”).
2. First Amendment to Agreement for Consultant Services on June 6, 2023.
3. Second Amendment to Agreement for Consultant Services on May 7, 2024.
4. Third Amendment to Agreement for Consultant Services on May 20, 2025.
5. Fourth Amendment to Agreement for Consultant Services on August 14, 2026.
6. The parties desire to amend the Agreement in order to extend the term and time of performance.
AMENDMENT
1. Section 2.2 Term and Time of Performance is replaced and will read: This contract will remain in effect from December 7, 2021 to January 29, 2027.
2. As a condition of this extension, Consultant shall, no later than January 29, 2027, either: (a) obtain the necessary Pacific Gas and Electric Company (PG&E) approval for the installed battery system, complete commissioning, and place the system into operation; or (b) remove the existing battery system and replace it, at no additional cost to the Town, with a system that satisfies PG&E requirements and can be commissioned and placed into operation.
3. All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 1
ITEM NO. 11.
TOWN OF LOS GATOS CONTRACTOR: AMS ELECTRIC LLC DBA PRIME
ELECTRIC LLC
**signature_198944**
SIGNATURE
Chris Constantin
FULL NAME
Town Manager
TITLE
**date_signed_198944**
DATE SIGNED
**signature_198945**
SIGNATURE
Aaron Hankes
CONTRACTOR SIGNATORY'S FULL NAME
Chief Operating Officer
CONTRACTOR SIGNATORY'S TITLE
**date_signed_198945**
DATE SIGNED
Approved as to form:
**signature_198942**
SIGNATURE
Gabrielle Whelan
FULL NAME
Town Attorney
TITLE
**date_signed_198942**
DATE SIGNED
The execution date is the date on which the last party has signed.
ITEM NO. 11.
Docusign Envelope ID: 57AD8B4F- 1292- 8095- 82DD- F1A23C86521 B
AMENDMENT TO AGREEMENT
This FOURTH AMENDMENT TO AGREEMENT amends that certain agreement titled Agreement for Consultant Services dated December 7, 2021, made by and between the Town of Los Gatos,(" Town,") and AMS Electric LLC dba Prime Electric LLC(" Consultant"), a Limited Liability Company and whose address is 1941 Ringwood Ave., San Jose, CA 95131.
RECITALS
A. Town and Consultant entered into an Agreement for Consultant Services on December 7, 2021, (" Agreement").
B. First Amendment to Agreement for Consultant Services on June 6, 2023.
C. Second Amendment to Agreement for Consultant Services on May 7, 2024.
D. Third Amendment to Agreement for Consultant Services on May 20, 2025.
E. The parties desire to amend the Agreement in order to extend the term and time of performance.
AMENDMENT
A. Section 2. 2 Term and Time of Performance is replaced and will read: This contract will remain in effect from December 7, 2021 to September 30, 2026.
B. All other terms and conditions of the Agreement remain in full force and effect.
Amendment to Agreement
AMS Electric LLC dba Prime Electric LLC Attachment 2 Page 194 ITEM NO. 11.
Docusign Envelope ID: 57AD8B4F- 1292- 8095- 82DD- F1A23C86521 B
TOWN OF LOS GATOS AMS ELECTRIC LLC DBA PRIME ELECTRIC LLC ed by:
tL
Signed by:
uris iv, aontik, tkatda,s
3Er0Sign3r232r1D426... e4eer_ea..e1DeeH- 4E7...
SIGNATURE SIGNATURE
Chris Constantin Aaron Hankes
FULL NAME CONTRACTOR SIGNATORY' S FULL NAME
Town Manager Chief Operating Officer
TITLE CONTRACTOR SIGNATORY' S TITLE
8/ 14/ 2026 8/ 13/ 2026
DATE SIGNED DATE SIGNED
Approved as to form:
Signed by:
attifriat, Mulaan,
EP@8738A3534428...
SIGNATURE
Gabrielle Whelan
FULL NAME
Town Attorney
TITLE
8/ 13/ 2026
DATE SIGNED
The execution date is the date on which the last party has signed.
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Reviewed by: Town Manager and Police Chief
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/15/2026
ITEM NO: 12
DATE: September 15, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
Jamie Field, Police Chief
SUBJECT: Receive and Accept the Saratoga Police Services Transition Study and Independent Cost Review; Approve the Proposed Regional Law Enforcement Services Partnership Framework, Financial Basis, and Agreement in Substantial Form; and Authorize the Town Manager to Continue Discussions with the City of Saratoga and Return to the Town Council for Final Consideration if Requested by Saratoga RECOMMENDATION: a. Receive and accept the Meliora Public Safety Consulting Transition Study for Police Services in the City of Saratoga and the independent review of the Police Services Cost
Model performed by Matrix Consulting Group.
b. Approve the proposed regional law enforcement services partnership framework and the financial basis including an initial annual Base Rate of $9,392,000 for ongoing services and an estimated annual startup cost recovery installment of $337,000, for an annualized total of $9,729,000 before
applicable simple interest and other authorized charges. c. Adopt a resolution receiving and accepting the Saratoga police services transition study and independent cost review; approving the proposed regional law enforcement services partnership framework and FY 2027-28 contract financial basis; approving the agreement for law enforcement
services in substantial form; and authorizing continued discussions with the City of Saratoga regarding a potential regional law enforcement services partnership.
d. Authorize the Town Manager, in consultation with the Chief of Police and Town Attorney, to continue discussions and negotiations with the City of Saratoga regarding the
proposed regional law enforcement services partnership and Agreement, and to return to the Town Council for
ITEM NO. 12.
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SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
consideration of final approval and authorization to execute the Agreement if and when Saratoga, following its public review and consideration process, requests that Los Gatos proceed with final consideration.
FISCAL IMPACT:
The recommended action does not authorize execution or implementation of the proposed Agreement and therefore does not create the service payment or implementation obligations contemplated by the Agreement at this time. Attachment 4 establishes the proposed financial basis for a potential regional law enforcement services partnership. The annualized fiscal year 2027-28 contract value is $9,729,000, consisting of a $9,392,000 Base Rate for ongoing services and an estimated $337,000 annual startup cost recovery installment, before applicable simple interest and other authorized charges. For the proposed initial service period from October 1, 2027 through June 30, 2028, ongoing services would be prorated to $7,044,000, while the full annual startup installment would be recovered, resulting in an estimated initial service period amount of $7,381,000 before applicable interest and other authorized charges.
If the parties subsequently proceed with the partnership, any required Town appropriations, position authorizations, implementation expenditures, and related fiscal actions would be presented to the Town Council through the appropriate budget and approval processes.
STRATEGIC PRIORITY:
This item advances the Town’s priorities of Emergency Resiliency and Response Capabilities, Public Safety, Fiscal Stability, Good Governance, and Civic Engagement. The proposed partnership builds on the existing Los Gatos and Monte Sereno municipal policing relationship and Saratoga’s longstanding use of contracted law enforcement services. It would bring three neighboring West Valley communities with shared regional interests into a more closely coordinated public safety partnership while preserving local priorities, accountability, and a defined financial framework.
BACKGROUND:
Los Gatos, Monte Sereno, and Saratoga have longstanding intergovernmental relationships and share many regional interests as neighboring West Valley communities. Los Gatos operates the Los Gatos-Monte Sereno Police Department and has provided police services to Monte Sereno since 1995. Saratoga has historically received law enforcement services through the Santa Clara County Sheriff’s Office rather than operating its own police department. The proposed agreement would build upon these established service approaches by bringing the three neighboring communities together through a coordinated municipal law enforcement partnership.
ITEM NO. 12.
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SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
Saratoga’s evaluation of alternative service models occurred in the context of significant changes in the cost of its existing County law enforcement arrangement. Saratoga paid approximately $9 million for law enforcement services in fiscal year 2025 to 2026. The projected fiscal year 2026-27 cost subsequently increased to approximately $11.6 million.
Saratoga reduced patrol and traffic service levels, resulting in an approximately $10.6 million fiscal year 2026-27 cost. These changes increased Saratoga’s focus on long term service sustainability, cost predictability, and the level of law enforcement services available under different service models.
The Town evaluated expansion as an increase in the Police Department’s responsibilities and resources, rather than an assumption that the existing workforce could absorb another community without additional capacity. The evaluation included utilizing external experts to assist in the review which included Meliora Public Safety Consulting’s operational transition study, Matrix Consulting Group’s review of the Town’s cost model, and outside municipal law counsel assistance in developing a comprehensive law enforcement services agreement.
Meliora’s review was designed to evaluate how Saratoga’s service demand could be incorporated into LGMSPD’s regional service model. Accordingly, the study focused on Saratoga workload, LGMSPD capacity, staffing, deployment, infrastructure, and implementation needs rather than evaluating the performance of the Santa Clara County Sheriff’s Office. The Sheriff’s Office provided helpful operational context during the study, and continued coordination with the County, existing service providers, schools, and other regional public safety partners will be important to support an orderly transition and ongoing regional coordination.
Attachment 2 identifies the interagency contracting authorities and records that, on August 26, 2026, the Local Agency Formation Commission of Santa Clara confirmed that the replacement law enforcement service is exempt from review under Government Code section 56133(e)(1).
Services under the proposed Agreement would begin October 1, 2027, following approval by both governing bodies and execution by both parties.
Council Consideration and Public Review Process
The proposed partnership is being considered through the respective public processes of both agencies. Following the Los Gatos Town Council’s September 15, 2026 meeting, the Saratoga City Council is scheduled to discuss the proposed partnership and Agreement for the first time on September 16, 2026. Saratoga is not currently anticipated to take final action at that meeting. Saratoga instead anticipates conducting two subsequent community meetings before potentially returning to its City Council for consideration on October 7, 2026.
In light of that sequencing, staff recommends that the Los Gatos Town Council use its September 15 meeting to receive and accept the completed operational and financial due diligence, approve the proposed partnership framework and financial basis, and approve the Agreement in substantial form as the basis for continued discussions and public review. Final authorization to enter into the Agreement would remain with the Town Council. If Saratoga
ITEM NO. 12.
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SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
completes its public process and requests that Los Gatos proceed, the Town Council could consider final approval and authorization as early as October 6, 2026.
DISCUSSION:
Independent Review and Findings
Meliora’s August 28, 2026 Transition Study in Attachment 3 addresses four operational elements, including staffing and organization, patrol beat configuration, infrastructure, and implementation. These operational elements are distinct from the four financial pillars in Attachment 4, which summarize the service and transition costs into four components.
Meliora concludes that LGMSPD has the operational framework and organizational maturity to incorporate Saratoga patrol services with added personnel, appropriate relief capacity, deliberate deployment, and continuing workload review. Its plan combines existing Police Department capacity with additional patrol, traffic, school safety, professional staff, and support resources. It also recommends an Administrative Bureau and a dedicated Project Manager to coordinate preparation, implementation, and the first year after service commencement.
The workload analysis relies primarily on 2025 data because the County Sheriff records, requested by and provided through Saratoga, supplied for 2023 and 2024 contained material gaps. After removing duplication and reviewing incident locations, Meliora identified 9,344 Saratoga incidents in 2025, consisting of 7,179 categorized as community initiated and 2,165 categorized as deputy initiated. The study applied LGMSPD’s documented handling experience to comparable Saratoga call types to estimate the effect on the Police Department’s workload.
These figures are planning inputs rather than an audit of all historical services. Meliora identified unresolved coding issues, including 1,951 Flock camera notifications within a property related call category, and limitations in investigative and other workload information.
The study consequently calls for reassessment using actual operating experience. The Agreement provides a process for addressing sustained material differences in demand while distinguishing those differences from ordinary service fluctuations.
Meliora also identifies geography and the use of shared capacity as important considerations.
Limited connecting routes can affect backup travel, and increased workload may affect the personalized service experienced in Los Gatos and Monte Sereno if such geography and use of capacity is not fully considered. The proposed response is active geographic deployment, additional resources, and review of service in each community, rather than reliance on a regional average alone.
Matrix’s September 3, 2026 letter in Attachment 4 addresses a separate question related to the computational accuracy, internal consistency, and appropriateness of cost inputs and allocations. Based on the final model reviewed, Matrix determined that the appropriateness and internal consistency of the cost inputs were reasonably aligned with Government Code
ITEM NO. 12.
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SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
section 54982. The Town’s proposed financial and staffing decisions are therefore presented as staff recommendations informed by the independent reviews.
A Partnership Serving Three Communities
The proposed partnership brings together three neighboring West Valley communities with longstanding intergovernmental relationships and many shared regional interests. It builds upon the existing Los Gatos and Monte Sereno service relationship and Saratoga’s longstanding use of contracted law enforcement services. Los Gatos would continue to operate and employ the Police Department, Saratoga would join the integrated municipal policing model through the Agreement, and Monte Sereno would continue its established service relationship with Los Gatos. This structure provides a framework for closer coordination among the three cities while maintaining clear operational accountability and responsiveness to each community.
Community Role in the Partnership
Los Gatos Continues to operate and employ LGMSPD, expands personnel and support capacity for the regional service model, retains operational accountability, and uses the Agreement’s cost recovery provisions to sustain the partnership without shifting Saratoga attributable obligations to existing service partners.
Saratoga Joins the integrated municipal policing model while retaining its local policy, budget, and municipal responsibilities. Saratoga has access to LGMSPD leadership, recurring public reporting, and defined service, cost adjustment, and review processes.
Monte
Sereno
Continuing its established service partnership with Los Gatos, with its local service needs considered in regional deployment and review. Its existing agreement is not amended by the Los Gatos and Saratoga Agreement, and its approval is required for participation in the proposed advisory committee.
Los Gatos has provided police services to Monte Sereno through the Los Gatos Monte Sereno Police Department since 1995, while Saratoga has historically received law enforcement services through the Santa Clara County Sheriff’s Office. The proposed agreement would bring these established approaches together in a municipal public safety partnership that strengthens coordination among Los Gatos, Monte Sereno, and Saratoga, expands opportunities to share public safety resources, and supports closer collaboration on issues that cross city boundaries.
Dispatch, supervision, investigations, technology, equipment, specialty resources, and administrative support would be coordinated through one integrated Police Department structure serving the three communities. At the same time, patrol deployment, school relationships, traffic safety, neighborhood engagement, and other community priorities would remain responsive to the circumstances and needs of each city. This approach is intended to strengthen regional coordination and the relationship among the three cities while maintaining local responsiveness, community identity, and clear accountability.
ITEM NO. 12.
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SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
Benefits to the Existing LGMSPD Communities
For Los Gatos and Monte Sereno, the proposed expansion is intended to add organizational capacity rather than redistribute the existing workforce across a larger service area. The financial model adds sworn, dispatch, records, investigative, traffic, technology, administrative, fleet, and other support capacity attributable to the Saratoga expansion. The larger regional organization also provides additional operational depth, opportunities for coordinated deployment during significant incidents, and a broader shared platform for public safety technology and support services. These benefits depend on maintaining the staffing, operational availability, and cost recovery provisions described in this report so that expansion does not shift Saratoga attributable costs or service demands to the existing LGMSPD communities.
The regional model also allows resources to be coordinated across adjoining communities rather than separated by jurisdictional boundaries. Patrol, supervision, investigations, communications, technology, and specialty resources may be deployed according to actual conditions, while preserving each community’s ability to identify local priorities through the consultation and reporting processes established in the Agreement. The model also preserves regional and mutual aid relationships with other public safety agencies.
Services and Local Presence
Sections 4 and 6 of the Agreement establish a comprehensive municipal law enforcement relationship. Included services encompass patrol and response; enforcement of applicable laws and qualifying local ordinances; traffic enforcement and collision response; investigations meeting LGMSPD assignment criteria; Community Service Officers; police dispatch center; records and evidence; administrative support; emergency police coordination; and available specialty and community resources.
The service is delivered through an integrated Departmentwide public safety model rather than through the purchase of a fixed number of patrol hours. Personnel and resources may be deployed across Los Gatos, Monte Sereno, and Saratoga based on service demand, officer and public safety, legal requirements, available resources, operational conditions, and the Chief’s professional judgment. This approach shifts accountability from measuring inputs, such as scheduled patrol hours, to evaluating service performance and outcomes. The Agreement expressly provides that the value of the regional model is based on the availability of professional law enforcement services, flexible deployment, response capability, operational coordination, and service performance information rather than fixed jurisdiction specific staffing or patrol hours. Accordingly, Saratoga’s participation is intended to provide access to the depth, availability, supervision, specialty resources, technology, and response capacity of the regional Police Department, rather than an entitlement to specified personnel or scheduled service hours.
A fixed hours model can create a disconnect between purchased hours and actual service needs because staffing allocations remain tied to predetermined schedules even as calls for service,
ITEM NO. 12.
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SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
crime patterns, emergencies, and other operational demands change. The integrated model allows the Police Department to move resources to where they are needed and to adjust deployment as conditions change. Saratoga, in turn, can evaluate service through performance information including calls for service, response trends, patrol activity, crime trends, significant incidents, and recurring community safety issues.
This structure also reduces reliance on additional purchased hours as the principal response to changing service needs. Instead, the Police Department can address those needs through deployment decisions, supervision, specialized resources, Community Service Officers, traffic resources, technology, and other operational tools. The independent transition study similarly concluded that effective regional service depends on actively balancing workload and moving resources as demand changes rather than maintaining static jurisdiction based assignments.
Police communications and emergency access
LGMSPD’s Public Safety Answering Point would receive Saratoga 911 and law enforcement related nonemergency calls, subject to regional routing protocols. The Department would provide police dispatch, transfer fire and emergency medical calls to the responsible dispatch center, and notify appropriate Saratoga personnel of public works or other municipal matters using City supplied contact information. The Agreement does not transfer responsibility for delivering fire, medical, or public works services to Los Gatos.
Traffic, schools, and community service
The staffing model adds a Motor Officer, a School Resource Officer, and two Community Service Officers. Traffic priorities may include school zones, commuter corridors, neighborhood concerns, collision reduction, and the Saratoga Village area. The School Resource Officer would support school relationships, youth engagement, campus safety planning, threat assessment, and emergency preparedness. Meliora supports that position and recommends coordination with the affected school districts regarding campus assignments and coverage.
Community Service Officers support appropriate reports, nonviolent service calls, community assistance, evidence transport, traffic control, and scene support. Meliora identifies the use of these professional staff, together with traffic resources, as a way to reduce demands on sworn patrol personnel. Concealed carry permit processing would be provided to the extent lawfully assigned to the Police Department after the required local authorizations and fee arrangements are effective.
Saratoga substation and field deployment
Saratoga would provide, at no charge, reasonable access to mutually identified City facilities and support spaces for a police substation under Section 12.3. The substation would support work within the community, report preparation, meetings, and local contact. Meliora identifies existing capacity at LGMSPD headquarters for dispatch, records, and property and evidence
ITEM NO. 12.
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SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
functions, allowing the Saratoga workspace to complement rather than duplicate centralized operations.
The regional deployment plan places patrol resources in geographic beats rather than relying solely on travel from a central station after each call. Substation location, access arrangements, equipment, security, and public contact procedures would be established during implementation. Local presence operates within the Chief’s authority to reposition personnel throughout the service area as conditions require.
Community participation and volunteer programs
The Agreement provides opportunities for Saratoga residents to participate in Police Department community outreach, youth engagement, Community Police Academies, and other programs, subject to capacity and Police Department policy. Available Volunteers in Policing, Disaster Aid Response Team members, and Explorer resources may support suitable activities under Police Department training and supervision.
Saratoga retains management and funding responsibility for its Community Emergency Response Team program and the City affiliation of its Disaster Service Workers. CERT members may train jointly with Los Gatos and Monte Sereno participants and coordinate with the Department during emergencies. This preserves each community’s program responsibilities while supporting shared preparedness and response.
Technology and information support
Attachment 4 includes support for the municipal public safety technology platform, including dispatch and records systems, radios, mobile computers, Axon technology, digital evidence, automated license plate recognition, and drone capabilities. Meliora identifies the Real Time Information Center, license plate readers, and the evolving Drone as First Responder program as tools that can support situational awareness, investigations, and more efficient use of personnel. The study also supports analytical and community relations capacity to manage technology, training, vendors, audits, and public engagement.
Technology integration is governed by Sections 12.7 through 12.10. Access to Saratoga systems requires Town approval, technical compatibility, lawful data use, security, and any required written agreement. Saratoga generally retains ownership, licensing, maintenance, and other responsibilities for its technology. Approved use does not require continuous camera monitoring or guarantee a particular drone response. Department policies govern police operations subject to applicable law and any valid Saratoga requirements, and material local requirements are addressed through consultation.
Once technology use is approved, Los Gatos must use reasonable efforts to maintain continuity and, when practicable, provide notice and consultation before a material restriction or discontinuation. This continuity provision applies to approved Saratoga Technology, including Automated License Plate Reader and camera systems, subject to the Agreement’s legal,
ITEM NO. 12.
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SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
cybersecurity, operational, technical, and data governance requirements. The Agreement balances that continuity interest with legal compliance, cybersecurity, operational feasibility, and the Chief’s retained authority.
Patrol Deployment and Service Review
Meliora recommends four patrol teams, each with one field supervisor, and five Officers, for 28 sworn employees assigned to the patrol function. Its detailed workload profile uses six sworn personnel on duty from 7:00 a.m. to 7:00 p.m. and five from 7:00 p.m. to 7:00 a.m., including the field supervisor. With five deployed, one is the supervisor and four cover geographic beats.
The sixth serves as a rover during the higher demand period. The following graphic is the contemplated new beat structure.
The conceptual four beat plan redistributes responsibility across the combined service area rather than isolating Saratoga as a separate assignment without regional support. In the revised concept, Beat 1 ordinarily provides primary backup to Beat 4, with rover emphasis in those areas and adjustments by the other beats to maintain coverage. The boundaries are a starting point and may be refined as actual workload and travel experience develop.
ITEM NO. 12.
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SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
Response Time and Service Assurance
LGMSPD uses call priorities to match the urgency of an incident with the appropriate police response. Priority 1 calls are immediate emergencies involving a threat to life or a significant public safety hazard; Priority 2 calls are urgent incidents requiring an immediate police response; and Priority 3 calls are nonemergency calls requiring police service. LGMSPD currently uses operational response time goals of approximately five minutes for Priority 1 calls, ten minutes for Priority 2 calls, and fifteen minutes for Priority 3 calls. These goals are used to guide deployment and evaluate service rather than establish contractual guarantees because individual response times may be affected by simultaneous emergencies, officer safety considerations, geography and traffic conditions, mutual aid activity, staffing availability, and the circumstances of a particular call. The proposed Agreement provides for deployment planning intended to support comparable service quality and response time goals across the communities served by LGMSPD while preserving the Chief’s authority to deploy personnel based on actual public safety conditions.
The proposed regional model is specifically designed to preserve the operational capacity necessary to pursue these response time goals across Los Gatos, Monte Sereno, and Saratoga.
Police Department personnel, both sworn and professional staff, would be geographically deployed throughout the combined service area rather than routinely responding to Saratoga from Police Department headquarters. A Saratoga workspace would support local presence, report preparation, meetings, and other field operations while complementing centralized dispatch, records, evidence, and administrative functions. The four beat structure, daytime rover capacity, field supervision, additional sworn staffing, and ability to reposition personnel allow the Department to place resources closer to anticipated demand and adjust coverage as calls, emergencies, and other conditions require.
Meliora’s workload analysis provides an additional operational safeguard by using an approximately 60 percent patrol workload planning threshold. The purpose of that threshold is to preserve capacity for emergency response, backup, proactive policing, and changing conditions rather than scheduling patrol personnel to full call for service capacity. Meliora notes that officer availability and workload directly affect response times and that the remaining patrol capacity under this approach is not idle time, but capacity available for emergency calls and proactive activity. Its analysis of the proposed integrated staffing and deployment model concluded that the planned staffing configuration could maintain patrol workload within accepted industry standards, while recognizing that geography, response times, and workload distribution will require active supervisory management.
Actual deployment will depend on staffing availability, leave, training, injuries, and other relief requirements. Meliora therefore recommends that LGMSPD calculate and monitor its actual relief factor and continue evaluating patrol workload after implementation. The study also recommends continuing to review beat configuration and deployment as operating experience develops. These reviews are particularly important because the transition study relied primarily on 2025 Saratoga call data and identified limitations in portions of the available historical
ITEM NO. 12.
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SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
information. Actual service experience will provide more reliable information regarding workload distribution, travel patterns, staffing needs, and response performance.
Response time would therefore be treated as an ongoing service assurance and management measure rather than simply an initial planning assumption. Following implementation, LGMSPD would review Priority 1, 2, and 3 response time trends together with workload, staffing availability, overtime, beat balance, and significant or recurring service concerns. The Department could use that information to adjust geographic deployment, rover use, supervision, staffing practices, or other operational approaches as appropriate. Meliora’s implementation plan similarly calls for monitoring response times, workload, staffing, overtime, and beat balance after service commencement.
The Agreement establishes the accountability framework for this continuing review. Sections
2.4 and 2.5 provide for consultation regarding deployment planning and comparable service quality and response time goals. Sections 3.4 and 6 require presentations to the Saratoga City Council twice each contract year and reasonably available performance information concerning Saratoga services, including calls for service, response trends, patrol activity, crime trends, significant incidents, and recurring community safety issues. The Agreement also permits the parties to develop mutually agreeable dashboards, operational reports, or other reporting tools, subject to confidentiality requirements, existing technology, and reasonable administrative limitations.
Performance information would support public accountability, service evaluation, and operational improvement. Implementation and ongoing service reviews would use available information to evaluate response trends, deployment, workload, staffing, and recurring concerns in the communities served. The reporting framework provides Saratoga with a transparent means of evaluating whether the integrated model is delivering the expected level of responsiveness while preserving the Chief’s ability to deploy personnel according to actual public safety conditions. Performance information is intended to support communication, transparency, planning, and policy review and does not create a warranty of response, a fixed response time, or another fixed service level under the Agreement.
Staffing and Organizational Readiness
Attachment 4 identifies 16.5 net additional full time equivalent positions across the Town, including 7 sworn and 9.5 professional or support positions. Its Captain position replaces a vacant Sergeant position, producing no net FTE increase in the administrative area. The model includes 14 net FTE in Police and 2.5 net FTE in other Town departments servicing Saratoga related activity. The following schedule preserves Attachment 4’s position amounts and department assignments.
Position or function Department Net FTE
Captain replacing vacant Sergeant Police 0.00
ITEM NO. 12.
PAGE 12 OF 23
SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
Position or function Department Net FTE
Detective / investigations Police 1.00
Patrol Officers Police 4.00
Motor Officer Police 1.00
School Resource Officer Police 1.00
Dispatch, including temporary or hourly
capacity Police 1.50
Community Service Officers Police 2.00
Administrative / analytical support Police 1.00
Records Specialist Police 1.00
Administrative Technician Police 1.00
Administrative Technician supporting
personnel and training Police 0.50
Administrative Assistant Parks and Public Works 0.25
Equipment / mechanic support Parks and Public Works 0.50 Human Resources support Human Resources 1.00
Deputy Town Attorney Town Attorney’s Office 0.25
Public safety technology support Information Technology 0.50 Total direct service expansion All departments 16.50
The detailed position schedule totals $4,948,768, presented as $4,949,000 in Attachment 4’s rounded pillar summary. These positions provide the personnel basis for the financial model.
Support positions address the additional workload associated with recruitment, onboarding, training coordination, public records, reporting, fleet maintenance, information systems, legal support, and employee administration. Meliora identifies corresponding impacts on Town departments and supports limiting additional resources to workload attributable to the Saratoga service expansion. The proposed Administrative Bureau separates communications, records, and administrative oversight from patrol and investigative responsibilities.
Dispatch coverage
The Town’s model includes 1.5 additional dispatch FTE, consisting of one position and 0.5 temporary or hourly capacity. Meliora recommends 2.5 additional dispatchers to cover an additional daily shift using its assumed relief factor. The study also recommends calculating the Police Department’s actual relief factor because experience may change the staffing requirement. Implementation will include a dispatch coverage plan addressing peak demand,
ITEM NO. 12.
PAGE 13 OF 23
SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
leave, training, and available staffing, with reassessment during the first operating year. The Town’s proposed allocation is not the same as Meliora’s staffing recommendation and was slightly adjusted to reflect staff professional judgement.
Investigative capacity
The Town’s model includes an additional detective to support investigations, digital evidence, case management, crime analysis, warrant support, and victim follow up. Because the County data did not provide sufficiently reliable information to determine Saratoga’s actual investigative workload, the Town cannot confidently size investigative capacity based on historical data alone. Rather than begin service with potentially insufficient capacity, the Town proposes staffing the investigative function at an appropriate level to absorb the anticipated workload and support service continuity. This approach is consistent with the alternative identified by Meliora of hiring the additional detective in anticipation of increased demand and then reassessing staffing after 12 to 18 months of operations. Once LGMSPD has sufficient actual experience and workload data from serving Saratoga, the Town will reevaluate investigative staffing and adjust capacity as warranted.
Records, evidence, and personnel support
Meliora supports adding a Records Specialist and an Administrative Technician to address report processing, public records and discovery requests, records retention, and crime reporting. It identifies the need for coordinated recruitment, sufficient background investigation capacity, and qualified trainers. The temporary Project Manager is separate from the 16.5 ongoing FTE and would coordinate implementation and the first year after launch.
Startup and subsequent operating work will be budgeted according to their respective eligibility and approval requirements.
Governance, Accountability, and Monte Sereno
Los Gatos retains responsibility for employment, labor relations, supervision, policy, and police operations. The Chief remains accountable for deployment, dispatch, tactics, enforcement, investigations, training, and the use of equipment. Saratoga may establish public safety priorities and identify concerns through its policy, budget, and contract oversight functions, and service direction is communicated through the Saratoga City Manager.
Section 3.3.2 provides for a Captain level liaison to support Saratoga coordination. For the initial 2027 assignment, the Chief and Saratoga City Manager will participate in Captain interviews, with significant City Manager input and final selection retained by the Chief. The Chief retains authority over subsequent designation and reassignment and will work with the Saratoga City Manager to ensure an effective relationship between the department and the City.
The Agreement requires annual service consultation with a written summary and an annual partnership and risk review. It also provides for notice of significant incidents, material risk issues, and material operational changes when practicable. A qualifying written request
ITEM NO. 12.
PAGE 14 OF 23
SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
concerning a recurring service issue requires a management meeting within 14 days. Formal personnel complaints may be submitted by an aggrieved person, including through the Saratoga City Manager, and are handled under Town policy.
Section 6.7 proposes a Law Enforcement Partnership Advisory Committee, or LEPAC, subject to Monte Sereno’s approval. The committee would include two Councilmembers from each of Los Gatos, Saratoga, and Monte Sereno, with the respective managers and Chief as technical advisors. It would meet at least quarterly and comply with applicable open meeting requirements. LEPAC would provide a public forum to consider service performance, operational coordination, community concerns, costs, anticipated increases, technology, funding opportunities, and regional efficiencies. It may also consider alternatives to avoid, reduce, defer, or mitigate future impacts. The committee is advisory to the Chief and Town Manager, but it cannot direct officers, amend an agreement, impose a financial obligation, or bind any participating agency.
Monte Sereno is not a party or an intended beneficiary under the Saratoga Agreement, and any change to its existing service agreement or financial obligations requires separate action under the applicable agreement and approval process. Coordination with Monte Sereno will address its service relationship, local experience, and decision regarding advisory participation.
Cost Allocation and Long Term Financial Responsibilities The four pillar structure recognizes both the direct employees needed for expansion and the capacity and systems that keep those employees available. Pillar B addresses leave, training, court, operational overtime, supervision, and emergency readiness. Pillar C supports the shared fleet, communications, technology, risk, administrative, and community policing functions.
Pillar D separately recovers eligible implementation costs. Together, the pillars describe the cost of participation in the integrated organization rather than fixed personnel assignments or an hourly service entitlement.
Section 10.3 excludes general overhead that Los Gatos reasonably determines it would incur regardless of the Saratoga Agreement. The model’s attribution principle applies to police and other Town functions: cost responsibility follows the additional service workload, not simply the department in which an employee works. The financial framework is intended to recover Saratoga’s attributable costs while sustaining services to Los Gatos and Monte Sereno.
The Agreement prohibits duplicate recovery through applicant fees and other reimbursement provisions. Where a cost is already recovered through the Base Rate, an applicant fee for that same cost must be credited or remitted as provided in Section 5.5. Grant cooperation and Supplemental Law Enforcement Services Account funding are addressed separately. SLESA funds require Saratoga’s lawful appropriation and eligible expenditures need to comply with restrictions set out under the grant authority.
ITEM NO. 12.
PAGE 15 OF 23
SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
Financial Framework and Initial Payment Structure
Attachment 4 establishes the financial basis for the proposed partnership. The fiscal year 2027- 28 annualized contract value is $9,729,000 and is organized into four financial pillars. Direct Municipal Service Expansion accounts for $4,949,000 and reflects the additional personnel and direct service capacity needed to extend municipal policing to Saratoga. Regional Operational Availability Capacity accounts for $2,516,000 and supports leave relief, backfill, training, operational overtime, supervisory continuity, and specialty readiness. The Municipal Public Safety Platform accounts for $1,927,000 and supports fleet, technology, communications, risk, administration, and community policing resources. Startup Cost Recovery accounts for an estimated $337,000 annual installment for eligible transition and implementation costs.
Together, the first three pillars establish the $9,392,000 annual Base Rate for ongoing services.
The initial service period runs from October 1, 2027 through June 30, 2028. Under the recommended payment structure, the ongoing Base Rate is prorated for nine months, resulting in $7,044,000. The full estimated annual startup recovery installment of $337,000 would be collected during that same period, producing an initial service period amount of $7,381,000, before applicable simple interest and other authorized charges. Startup recovery is separate from the Base Rate and is not subject to the ordinary annual Base Rate adjustment. The annual recovery installment is not the total amount of startup expenditures.
Los Gatos would incur eligible implementation costs before recovering them over time. Section
10.2.1 of the Agreement requires a written implementation budget and an approved amortization schedule. Approved startup costs accrue simple interest on the outstanding principal from the date Los Gatos pays each cost until reimbursement. The annual interest rate is based on the Pooled Money Investment Account Average Monthly Effective Yield for the preceding February, and interest does not compound. Unless otherwise approved by both governing bodies, approved startup costs and applicable interest must be fully recovered by June 30, 2037.
The contract amount represents the cost of services and obligations assigned to Los Gatos under the Agreement and does not represent Saratoga's entire public safety budget. Saratoga retains responsibility for functions assigned to it under the Agreement, including local facilities, technology, traffic engineering, emergency management, and other municipal responsibilities.
Separately authorized services and other expressly recoverable costs remain governed by the applicable payment provisions of the Agreement.
Annual adjustments and externally imposed costs
The Agreement includes provisions for how the base compensation rate is increased and provides Saratoga with some predictability. The following exhibit graphically represents the annual compensation provisions.
ITEM NO. 12.
PAGE 16 OF 23
SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
For clarity, this graphic summarizes the principal annual rate components but is not exhaustive.
Extensive Services, disaster response reimbursements, transition and wind down amounts, applicant fee adjustments, and other amounts expressly recoverable or creditable under the Agreement may also affect total payments.
Beginning July 1, 2028, the ordinary annual Base Rate adjustment is the greater of the specified Employment Cost Index (ECI) change plus two percentage points or the change in the Town’s actual employer compensation cost for sworn officers plus two percentage points. The ECI measure is total compensation for state and local government workers for the twelve months ending in the preceding December. The ordinary adjustment has a 3% minimum and an 8% maximum. The first adjustment applies to the annualized $9,392,000 Base Rate, not the nine month payment.
An approved External Mandate Cost Pass Through may recover actual, incremental, reasonably allocable costs arising from qualifying external requirements or specified recurring external costs attributable to Saratoga. Discretionary Town staffing, classification, compensation, and program decisions do not become qualifying external mandates merely because they increase costs. Ordinary service fluctuations also do not independently authorize an additional charge.
ITEM NO. 12.
PAGE 17 OF 23
SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
The annual external mandate surcharge is limited to 4% of the prior contract year’s Base Rate, even when the ordinary adjustment is below 8%. The combined ordinary adjustment and external mandate surcharge may not exceed 12% of that prior Base Rate in a contract year. An eligible and approved amount that cannot be recovered within the annual limits may be carried forward. There is no aggregate lifetime cap on approved mandate recovery, and unpaid carried balances remain payable at final reconciliation. This structure preserves recovery of an approved carried balance over time, subject to the Agreement’s annual recovery limits and final reconciliation provisions.
Requests require documentation, a reasonable allocation methodology, mitigation efforts, notice, consultation, and written approval by both parties following required approvals. Where reasonably feasible, notice is provided by March 15 before the affected fiscal year. If an impact is identified after March 15th, it requires notice within 30 days after it becomes known.
Management consultation occurs within 30 days after a complete request, with reasonable efforts to identify a proposed resolution within 60 days after that meeting. A recurring surcharge is reduced or eliminated if the underlying cost is reduced, eliminated, or no longer reasonably allocable to Saratoga.
A qualifying extraordinary regional communications, radio, dispatch, or interoperability cost may require a separate mutually approved recovery arrangement outside the ordinary annual cap. Examples include material assessments, capital contributions, replacement or upgrade costs, subscriber or infrastructure costs, financing costs, maintenance costs, or compliance costs imposed by a regional communications, radio, dispatch, emergency communications, or public safety interoperability agency or joint powers authority. Startup recovery and interest, authorized discretionary services, Extensive Services, and other expressly recoverable obligations are also treated separately. Section 10.3 preserves recovery of costs that applicable law requires the Town to charge, subject to reasonable documentation, allocation, and dispute resolution. Accordingly, the 8% and 12% limits are not an absolute ceiling on all amounts Saratoga may owe.
To support cost recovery consistent with Government Code section 54982 while also providing predictability to Saratoga, the structure provides boundaries for ordinary annual changes while establishing a process for costs not reasonably addressed by the ordinary rate. It protects Saratoga against unilateral changes to material contract terms and supports Los Gatos’s recovery of required service costs. The partnership depends on early communication, consideration of alternatives, and the approvals specified in the Agreement, rather than a guarantee that every cost can be recovered immediately or that total payments can never exceed the stated percentages.
Discretionary services and extraordinary incidents
Saratoga requested discretionary services must be beyond the ordinary integrated service model and require material incremental costs. Prior written authorization ordinarily specifies the service, duration or scope, cost methodology, and cost responsibility, while exigent
ITEM NO. 12.
PAGE 18 OF 23
SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
circumstances allow prompt documentation subsequent to the activity. A service does not become an extra charge solely because Saratoga requests it or because ordinary service demand varies.
Extensive Services use a separate incident based mechanism to ensure abnormal activity was not contemplated in the base cost model to allow for recovery. When the Chief expects a single incident or related series to involve at least 320 Department service hours, the Chief notifies Saratoga and discusses anticipated needs. Reimbursement is triggered only when cumulative tracked hours exceed 700. Once triggered, Saratoga pays the actual cost of all tracked hours above 320, not only those above 700. Thus, 750 qualifying hours would result in 430 reimbursable hours. Either party may request review of disproportionate effects of the current extensive services formula without unilaterally changing the thresholds.
The Agreement coordinates disaster, mutual aid, applicant fee, and other recoveries so the same cost is not paid twice. It provides for documented recovery of eligible Los Gatos disaster costs through available funding sources, including qualifying amounts below the Extensive Services threshold. Mutual aid reimbursements attributable to Department resources are retained by Los Gatos under the applicable provisions.
Local Responsibilities, Records, and Emergency Coordination The Agreement assigns responsibilities that remain with Saratoga and are not transferred through the Base Rate. These include local laws and their enforcement prerequisites; traffic engineering, required speed surveys, and local traffic calming equipment; the City’s facilities and technology; City specific CERT responsibilities; and legal support for Saratoga governance, local enactments, and nonpolice operations. The City must provide current ordinances, maps, permit conditions, signage information, contacts, and notification protocols needed for Police Department services.
Section 5.1 identifies excluded or separately reimbursable items, including animal control, code drafting, code enforcement and administrative code parking services, certain detention charges, unusual experts or consultants, and legal functions not assigned to Los Gatos. A substantial new public safety facility or other asset requiring material changes to financial or operational obligations requires a separate approved agreement, as it is not authorized merely by approving this service framework.
Legal responsibility generally follows the primary nature of the matter. Los Gatos handles support associated with the Police Department operations, personnel conduct, police records, evidence, and its law enforcement work. Saratoga retains advice and responsibility concerning its own local law and municipal operations. Mixed matters are coordinated to allocate responsibility and avoid missed deadlines and unnecessary duplication.
Los Gatos retains custody and control of Police Department records and evidence, subject to law and the Agreement. Each party handles public records requests for records in its possession, custody, or control through its own process. The Agreement protects confidential
ITEM NO. 12.
PAGE 19 OF 23
SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
information, provides for reasonable operational and transition records assistance, and distinguishes ordinary records turnover from extraordinary migration or other specially authorized transition work.
During a major emergency, Saratoga may use the Los Gatos Emergency Operations Center, and in the case of use, both parties will work cooperatively to maximize appropriate joint use.
Saratoga retains its emergency management responsibilities, while the Chief retains police operational command and may move Department resources among communities as emergencies require.
Term, Continuity, and Risk Allocation
The Agreement becomes effective following both governing body approvals and execution. The initial service term runs from October 1, 2027 through June 30, 2037, or nine years and nine months. Ordinary termination cannot take effect through June 30, 2030, subject to the Agreement’s exceptions for a Significant Matter, uncured material default, or mutual written agreement. After that period, either party may terminate with at least twelve months’ written notice.
One additional five year term, through June 30, 2042, requires mutual written approval. The parties review renewal before November 1, 2036, and must approve an extension by March 1, 2037. For the first extension year, Section 16.5 allows a documented request for a higher rate based on service cost, up to 112% of the final initial term Base Rate, inclusive of the ordinary adjustment, subject to the required review and approval. Renewal is not automatic.
Expiration or termination does not extinguish accrued payments, unrecovered approved startup principal and interest, approved carried mandate balances, or other surviving obligations. The Agreement allocates reasonable, documented, nonduplicative transition and wind down costs in the circumstances specified in Section 10.8.2(e), requires mitigation, and provides for orderly financial and operational review. Saratoga termination without cause before June 30, 2037 also invokes Section 16.3’s recovery of specified unamortized startup and sworn hiring, training, and equipment costs that cannot reasonably be redeployed. Police Department assets do not automatically transfer to Saratoga.
Addressing significant unresolved matters
The Agreement first relies on ongoing communication, consultation, and service review. A matter with demonstrable material financial, legal, operational, service, technology, or risk consequences may proceed as a Significant Matter under Section 16.8. Sustained material differences in workload not reasonably contemplated in the model may qualify, while ordinary fluctuations do not. Starting the process does not itself change the price, applicable caps, service scope, or payment obligations.
The resolution process is intentionally established to preserve the relationship and durability of the partnership with multiple opportunities to resolve differences. Formal resolution
ITEM NO. 12.
PAGE 20 OF 23
SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
progresses through management review, nonbinding mediation, and nonbinding advisory arbitration. The arbitrator cannot amend the Agreement, direct police operations, appropriate funds, or impose an unauthorized financial obligation. However, findings on whether a Significant Matter exists and whether one party’s position is substantially sustained have an operative role in the limited termination process.
If the other party rejects the recommended resolution or does not timely agree to proceed with implementation, the substantially sustained party may exercise the limited termination right in Section 18.5, including during the initial restriction period. The effective termination date is generally the later of 180 calendar days after notice or the last day of the contract year in which notice is delivered, subject to the section’s procedural requirements and any mutually approved alternative date. Performance continues during disputes except where unlawful, excused under the Agreement, or changed by mutual written arrangement.
Insurance and indemnity
Sections 14 and 15 allocate indemnity principally according to each Party’s acts or omissions and establish defense, insurance, and cooperation requirements for claims arising from the Agreement. Each Party must maintain general liability coverage or self insurance of at least $30 million per occurrence, together with required workers’ compensation and automobile coverage and the other coverages described in the Agreement. Evidence of coverage is provided before service commencement if reasonably requested. The insurance requirements do not limit liability or eliminate the Town’s operational exposure.
September 15 Council Action and Subsequent Consideration The recommended September 15 action establishes Los Gatos’s policy position regarding the proposed partnership without authorizing the Town to enter into or implement the Agreement at this stage. Approval of the Agreement in substantial form indicates that the service framework, financial structure, operational authority, risk allocation, term, and other principal provisions presented to the Council provide an acceptable basis for continued discussions with Saratoga.
The recommended action does not authorize the Town Manager to execute the Agreement, commence services, undertake implementation obligations dependent upon execution of the Agreement, establish new positions, or commit funds requiring further Town Council authorization.
Following Saratoga’s public review process, the Town Manager would return to the Town Council if Saratoga requests final consideration of the partnership. At that time, the Council would receive the proposed final Agreement, any revisions resulting from the parties’ continued discussions and public review, and any other information appropriate for final consideration. The Town Council would then determine whether to authorize execution and implementation of the Agreement.
ITEM NO. 12.
PAGE 21 OF 23
SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
IMPLEMENTATION AND READINESS
If the governing bodies subsequently approve and execute the Agreement, implementation would be organized around the proposed October 1, 2027 service commencement date.
Meliora recommends an approximately one year transition led by a dedicated Project Manager, with continuing coordination during the first year of operations. The implementation work would expand an existing municipal police organization while addressing the personnel, communications, facilities, legal, administrative, technology, and interagency requirements associated with serving another jurisdiction.
Workstream Principal implementation activities
Approvals and
coordination
Complete required approvals, implementation budget and position actions; assign project leadership; coordinate Saratoga’s existing provider transition and Monte Sereno’s continuing service relationship.
Personnel and
deployment
Recruit, complete backgrounds, train sworn and professional staff, establish supervision and relief coverage, prepare field training capacity, and familiarize personnel with Saratoga and the regional beat plan.
Communications
and information
systems
Coordinate 911 routing, fire and medical call transfer, dispatch and records configuration, radios, geographic information, licensing, security, regional interoperability, testing, and contingency procedures.
Facilities, fleet, and
equipment
Prepare the Saratoga substation and necessary headquarters workspace; procure and equip vehicles, motorcycle, radios, computers, uniforms, and other authorized equipment; update public contact signage.
Legal, records, and
agency interfaces
Complete local enforcement authorities and applicable agreements; coordinate state and federal agency identifiers, County systems, prosecution, court and booking interfaces, records, evidence, vendors, and mutual aid partners.
Community
preparation and
readiness
Coordinate schools and community outreach; communicate service access and contact procedures; conduct system and deployment exercises and final readiness review before service begins.
First year
evaluation
Monitor response trends, workload, staffing availability, overtime, beat balance, dispatch, investigations, records, public records demands, community concerns, and financial performance; refine operations through the Agreement’s processes.
The study’s implementation action items include agency identity, training and certification records, criminal justice information access, crime reporting, County communications, District Attorney and court interfaces, booking, evidence, vendors, and mutual aid contacts.
ITEM NO. 12.
PAGE 22 OF 23
SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
A transition team would coordinate responsibilities with the County and affected school, college, transit, and regional partners. Existing arrangements do not automatically transfer merely because the municipal service provider changes. Saratoga’s provider notice and any continuation or overlap arrangements will be handled consistently with its existing obligations and the approvals needed for service continuity.
If the partnership proceeds, readiness work would include trained and available personnel, workable deployment and dispatch schedules, functioning 911 and radio systems, required equipment, records and information access, and a usable local workspace. Final review will address critical dependencies and contingency arrangements. Any material change to the contractual commencement date, service obligations, or funding requires the appropriate written action rather than an administrative readiness decision alone.
If services commence under a subsequently approved and executed Agreement, the Project Manager, Police Department leadership, and participating staff will use operating experience to identify transition issues and refine service delivery. Meliora calls for first year dispatch review, continuing patrol workload and beat evaluation, and investigative reassessment after 12 to 18 months. The Agreement’s regular consultation and public reporting provide the continuing framework for reviewing results and addressing concerns.
CONCLUSION:
Staff recommends that the Town Council receive and accept the independent operational transition study and cost review, approve the proposed regional law enforcement services partnership framework and financial basis, and approve the Agreement in substantial form as the basis for continued discussions with Saratoga.
The proposed framework builds on the distinct but complementary roles of the three communities. Los Gatos would continue to operate and remain accountable for the Police Department; Saratoga would participate in the integrated municipal policing model through the Agreement, with local input, reporting, and defined financial processes; and Monte Sereno would continue its established service relationship with Los Gatos. Together, the model provides a framework for coordinated municipal policing, shared public safety resources, and collaboration on regional issues while preserving local priorities and community relationships.
The September 15 action would not authorize execution or implementation of the Agreement.
Instead, it would establish that the Town Council considers the proposed framework, financial basis, and Agreement in substantial form appropriate to advance for continued interagency discussion and public review. Following Saratoga’s anticipated Council discussion and community engagement process, the Town Manager would return to the Town Council for final consideration if Saratoga requests that Los Gatos proceed. Any final authorization to execute and implement the Agreement would therefore remain subject to subsequent Town Council action.
ITEM NO. 12.
PAGE 23 OF 23
SUBJECT: Law Enforcement Services Partnership with Saratoga and Los Gatos DATE: September 15, 2026
ALTERNATIVES:
The Town Council may modify the proposed partnership framework or Agreement provisions identified for continued discussion; provide additional direction regarding issues to be addressed before the matter returns for final consideration; or decline to advance the proposed partnership for further consideration.
COORDINATION:
The project was coordinated with multiple departments including the Town Manager’s Office, Town Attorney, Police Chief, Administrative Services (including Human Resources, Finance, and Information Technology), Parks and Public Works, and with the cities of Saratoga and Monte Sereno.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Resolution
2. Proposed Agreement for Law Enforcement Services Between the Town of Los Gatos and the City of Saratoga.
3. Meliora Public Safety Consulting, Transition Study for Police Services in the City of Saratoga, dated August 28, 2026.
4. Matrix Consulting Group cost model review letter dated September 3, 2026, and the fiscal year 2027-28 Regional Municipal Policing Cost Allocation Methodology, Pillar Framework, and Position Schedule.
5. Public Comment
ITEM NO. 12.
Draft Resolution Adoption Date
DRAFT RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
RECEIVING AND ACCEPTING THE SARATOGA POLICE SERVICES TRANSITION STUDY AND INDEPENDENT COST REVIEW; APPROVING THE PROPOSED REGIONAL LAW ENFORCEMENT SERVICES PARTNERSHIP FRAMEWORK AND FY 2027-28 CONTRACT FINANCIAL BASIS; APPROVING THE AGREEMENT FOR LAW ENFORCEMENT SERVICES IN SUBSTANTIAL FORM; AND AUTHORIZING CONTINUED DISCUSSIONS WITH THE
CITY OF SARATOGA REGARDING A POTENTIAL REGIONAL LAW ENFORCEMENT
SERVICES PARTNERSHIP
WHEREAS, the Town of Los Gatos operates the Los Gatos-Monte Sereno Police Department (LGMSPD), which currently provides municipal law enforcement services to Los Gatos and, by contract, to the City of Monte Sereno; and WHEREAS, the City of Saratoga has historically obtained law enforcement services through the Santa Clara County Sheriff's Office and requested that the Town evaluate whether LGMSPD could provide Saratoga with a sustainable regional municipal law enforcement services alternative; and
WHEREAS, Meliora Public Safety Consulting’s operational transition study concludes that LGMSPD has the operational framework and organizational maturity to incorporate Saratoga patrol services with additional personnel, appropriate relief capacity, deliberate deployment, and continuing workload review; and
WHEREAS, Matrix Consulting Group separately reviewed the proposed cost model’s calculations, cost inputs, internal consistency, and appropriateness for inclusion under Government Code section 54982, while staffing assumptions and service levels remained Town policy and management determinations informed by the separate operational study; and WHEREAS, the independent work and Town staff analysis presented to the Town Council on September 15, 2026 conclude that a three-city regional municipal policing model is operationally feasible if it is appropriately staffed, financed, governed, and implemented with the resources and readiness measures described in the Council Agenda Report; and WHEREAS, the proposed regional model is structured as an integrated Department-wide service model, with additional sworn and professional staffing, operational readiness capacity, technology, dispatch, fleet, records, administrative support, and other resources intended to preserve effective service in Los Gatos and Monte Sereno while providing comprehensive municipal law enforcement services to Saratoga; and
WHEREAS, the FY 2027-28 cost model establishes a proposed annualized contract financial basis of $9,729,000, consisting of a $9,392,000 Base Rate for ongoing services and an estimated $337,000 annual startup cost recovery installment, before applicable simple interest and other authorized charges; and for the proposed initial service period from October 1, 2027 through June 30, 2028, the ongoing Base Rate would be prorated to $7,044,000 while the full annual startup installment would be recovered, resulting in a currently estimated initial service period amount of $7,381,000 before applicable interest and other authorized charges; and Attachment 1
ITEM NO. 12.
Draft Resolution Adoption Date
WHEREAS, the proposed Agreement for Law Enforcement Services provides for an October 1, 2027 service commencement date and addresses the scope of services, operational authority, reporting and coordination, annual rate adjustments, external mandate and extraordinary cost recovery, startup cost reimbursement, insurance and indemnity, dispute resolution, termination, and transition responsibilities; and WHEREAS, the proposed partnership is being considered through the respective public processes of both agencies, with the Saratoga City Council scheduled to discuss the proposed partnership and Agreement on September 16, 2026, followed by additional public review and community engagement before potential future consideration by the Saratoga City Council; and WHEREAS, in light of that sequencing, the Town Council desires at this time to receive and accept the completed operational and financial due diligence, approve the proposed partnership framework and financial basis, and approve the Agreement in substantial form as the basis for continued interagency discussions and public review, while reserving final authorization to execute and implement the Agreement for subsequent Town Council consideration; and
WHEREAS, the Town Council has reviewed the September 15, 2026 Council Agenda Report, the independent studies and cost review, and the proposed Agreement for Law Enforcement Services between the Town of Los Gatos and the City of Saratoga.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby declare, determine, and order as follows:
1. The Town Council receives and accepts the Meliora Public Safety Consulting Transition Study for Police Services in the City of Saratoga and the independent cost model review performed by Matrix Consulting Group as part of the Town's operational and financial due diligence regarding the proposed regional law enforcement services partnership.
2. The Town Council approves the proposed regional law enforcement services partnership framework and the FY 2027-28 contract financial basis reflected in Attachment 4 to the September 15, 2026 Council Agenda Report: an annual Base Rate of $9,392,000 for ongoing services and an estimated annual startup cost recovery installment of $337,000, for an annualized total of $9,729,000 before applicable simple interest and other authorized charges. If the Agreement is subsequently approved and executed, for the proposed initial service period from October 1, 2027 through June 30, 2028, the Base Rate would be prorated to $7,044,000 and the full annual startup cost recovery installment then in effect would be recovered without proration. Based on the current estimated startup installment of $337,000, the estimated initial service period amount would be $7,381,000 before applicable interest and other authorized charges. Any implementation budget, amortization schedule, appropriations, position authorizations, and related implementation actions remain subject to subsequent approvals as required by law, Town policy, and the Agreement.
ITEM NO. 12.
Draft Resolution Adoption Date
3. The Town Council approves the proposed Agreement for Law Enforcement Services with the City of Saratoga in substantial form as presented to the Town Council on September 15, 2026, as the basis for continued interagency discussions, public review, and potential future consideration by the governing bodies of the Parties. This approval in substantial form expresses the Town Council's policy support for advancing the proposed framework for further consideration and does not constitute final authorization to execute or implement the Agreement.
4. The Town Council authorizes the Town Manager, in consultation with the Chief of Police and Town Attorney, to continue discussions and negotiations with the City of Saratoga concerning the proposed regional law enforcement services partnership and Agreement and to make revisions to the proposed Agreement for purposes of continued negotiation and future Town Council consideration. If Saratoga, following its public review and consideration process, requests that Los Gatos proceed with final consideration of the partnership, the Town Manager shall return the matter to the Town Council with the proposed final Agreement, including any revisions resulting from the continued discussions and public review, for consideration and possible final approval and authorization to execute the Agreement.
5. Nothing in this Resolution authorizes the Town Manager to execute the Agreement, commence law enforcement services in Saratoga, incur implementation obligations dependent upon execution of the Agreement, establish new positions, make a new appropriation, or otherwise bind the Town to the proposed partnership without subsequent Town Council authorization to the extent required by law or Town policy.
This limitation does not restrict ordinary staff work within existing appropriations and administrative authority necessary to conduct the discussions authorized by this Resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15th day of September, 2026, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_________________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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AGREEMENT FOR LAW ENFORCEMENT SERVICES
BETWEEN THE TOWN OF LOS GATOS AND THE CITY OF SARATOGA
This Agreement for Law Enforcement Services ("Agreement") is entered into by and between the TOWN OF LOS GATOS ("Town" or "Los Gatos") and the CITY OF SARATOGA ("City" or "Saratoga"), collectively the "Parties," each a municipal corporation and general law city located in Santa Clara County, California. This Agreement becomes effective upon approval by the governing body of each Party and execution by both Parties. Law enforcement services under this Agreement shall commence October 1, 2027, and the initial service Term shall continue through June 30, 2037, unless sooner terminated in accordance with this Agreement.
The Agreement may be extended for one (1) additional five (5) year term as provided in Section
16.5. WHEREAS, Los Gatos maintains and operates the Los Gatos-Monte Sereno Police Department (the "Department"), and Saratoga does not maintain its own municipal police department;
WHEREAS, Saratoga has historically obtained law enforcement services through a contractual arrangement with the County of Santa Clara, under which Saratoga's annual cost for such services was approximately $9 million in fiscal year 2025-26 and $10.6 million in fiscal year 2026-27;
WHEREAS, the Parties acknowledge that both Los Gatos and Saratoga, like many California municipalities, face real and continuing challenges in maintaining current levels of law enforcement service in light of rising service delivery costs, unfunded state and federal mandates, compensation and benefit pressures, and increasing technology and compliance requirements, all of which place increasing strain on each city's ability to maintain fiscal sustainability and deliver other essential municipal services; WHEREAS, the Parties share a mutual interest in working together to maintain the highest level of law enforcement service achievable at the lowest sustainable cost, recognizing that an integrated regional service model can achieve operational efficiencies and reduce duplication that neither Party could achieve alone;
WHEREAS, Saratoga desires predictability in its long-term law enforcement service costs, including stability in annual rate adjustments and protection against unanticipated balloon cost increases, in order to support sound multi-year fiscal planning and the continued delivery of municipal services to Saratoga residents;
WHEREAS, Los Gatos, as the provider of services under this Agreement, has a corresponding interest in avoiding circumstances under which it would be placed in a position to incur material uncovered costs in serving another jurisdiction, recognizing that such uncovered costs could adversely affect the Department's ability to serve the residents of Los Gatos, Saratoga, and Monte Sereno and could impact the long-term sustainability of the partnership itself;
WHEREAS, Los Gatos has offered to commence the provision of integrated municipal law enforcement services to Saratoga effective October 1, 2027, at an initial annual Base Rate that is materially below the cost proposal provided to Saratoga by the County of Santa Clara for
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services in fiscal year 2026-27, and that is closer to the cost Saratoga paid for comparable services in fiscal year 2025-26, thereby providing meaningful and immediate cost relief to Saratoga relative to the trajectory of its existing arrangement; WHEREAS, the Parties acknowledge that the initial Base Rate reflects a deliberate approach to establishing a durable intergovernmental partnership, and that the term length, annual Base Rate adjustment provisions, External Mandate Cost Pass Through process, transition cost recovery provisions, and other structural protections set forth in this Agreement are integral and necessary components of the Parties' bargain, allowing Los Gatos to recover its cost of service delivery over the term while providing Saratoga with the cost predictability essential to its multi-year fiscal planning;
WHEREAS, the Parties further acknowledge that the staffing, hiring, training, equipping, facility, and operational commitments to be undertaken by Los Gatos in reliance on the term of this Agreement, including the expansion of departmental capacity reasonably necessary to serve Saratoga, are predicated on the long-term partnership and recovery mechanisms reflected herein;
WHEREAS, the Parties recognize that this Agreement provides mutual benefits on multiple fronts, including (a) cost predictability and long-term fiscal sustainability for both cities, (b) operational efficiencies achievable through an integrated service model, (c) enhanced regional coordination on emergency response, mutual aid, and local public safety, (d) preservation and continued delivery of comprehensive municipal law enforcement services in both jurisdictions, and (e) continued strengthening of the long-standing intergovernmental cooperation among municipalities;
WHEREAS, the Parties acknowledge that the value of the integrated regional service model is not measured by fixed jurisdiction specific staffing assignments, patrol hours, or service hour allocations, but by the availability of professional municipal law enforcement services, flexible regional deployment, response capability, operational coordination, and reasonably available service information, including response time trends by call priority; WHEREAS, this Agreement is entered into pursuant to California Government Code sections 54981, 54982, 55631, 55632, and 55634, together with any other applicable authority permitting interagency contractual provision of municipal law enforcement services; WHEREAS, on August 26, 2026, the Local Agency Formation Commission of Santa Clara confirmed that the replacement law enforcement service is exempt from review under Government Code section 56133(e)(1);
WHEREAS, the Parties intend that the Base Rate and the cost adjustment, reimbursement, pass through, reopener, and other cost recovery provisions of this Agreement collectively allow Los Gatos to recover the costs incurred in providing law enforcement services to Saratoga as required by California Government Code section 54982, while providing Saratoga with reasonable predictability regarding the timing and amount of annual payments; WHEREAS, the Parties desire a contract structure that preserves operational effectiveness, supports the cost recovery and predictability objectives described above, and manages risk in a manner appropriate for a municipal provider of law enforcement services;
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WHEREAS, the Parties recognize that a durable intergovernmental partnership requires ongoing communication, coordination, and the ability to respond constructively to future financial, legal, regulatory, operational, technical, or service circumstances that may not be fully anticipated or addressed by this Agreement, and therefore desire to provide mechanisms for regional partnership coordination and, when necessary, a good faith reopener process so that emerging matters may be identified, discussed, and addressed in a timely and transparent manner, with the shared objective of avoiding unexpected impacts, considering practical solutions, adapting to changing circumstances, and preserving the long-term sustainability and effectiveness of the partnership; and
WHEREAS, the Parties acknowledge that police services are governmental services performed in the public interest, that law enforcement priorities may change in response to emergencies and legal requirements, and that this Agreement is intended to provide a clear framework for service delivery without impairing the lawful discretion of the Chief of Police and the Town.
NOW, THEREFORE, the Parties agree as follows:
1. DEFINITIONS
1.1 Chief. For purposes of this Agreement, “Chief” means the Chief of Police of the Town of Los Gatos or the Chief’s authorized designee. The Chief shall remain responsible for police operations and the performance of services under this Agreement, subject to the Town’s administrative structure.
1.2 Department. "Department" means the Los Gatos-Monte Sereno Police Department.
1.3 Base Rate. "Base Rate" means the annual compensation payable by Saratoga for the services identified in Section 4, as adjusted under this Agreement.
1.4 Department service hours. "Department service hours" means documented time spent by Department personnel on services attributable to Saratoga, including but not limited to patrol, supervisory, investigative, records, evidence, dispatch, administrative, report writing, booking, court preparation, and related support time reasonably associated with an incident or service request.
1.5 Emergency or Disaster. "Emergency" or "Disaster" means an event requiring immediate or extraordinary police, dispatch, emergency management, or Emergency Operations Center response, including but not limited to wildfire, storm, earthquake, evacuation, public disorder, critical incident, or comparable event.
1.6 E.O.C. "E.O.C." means the Emergency Operations Center maintained or otherwise facilitated by Los Gatos.
1.7 Extensive Services. "Extensive Services" means law enforcement services arising from a single incident or a series of related incidents originating in Saratoga that require a substantial and atypical level of Department resources. Tracking, notice, aggregation, reimbursement
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thresholds, reimbursement calculations, and invoicing for Extensive Services are governed exclusively by Section 11.
1.8 Saratoga-Requested Discretionary Services. "Saratoga-Requested Discretionary Services" means law enforcement services that Saratoga specifically requests for itself that (a) are dedicated, enhanced, customized, specialized, or separately scheduled beyond what the Department provides in the ordinary course of the integrated service model described in Sections
2.4, 2.5, and 4.1, and (b) are reasonably expected to require material incremental staffing, overtime, backfill, equipment, technology, or other costs beyond those ordinarily incurred in providing services included in the Base Rate. Los Gatos shall identify such services in writing as outside the Base Rate before performance, except as provided in Section 5.3.4. Failure to provide such written identification before performance shall not, by itself, cause a service that otherwise meets the foregoing conditions to become included in the Base Rate. Any service that does not meet both conditions, including services of the same general type and standard the Department provides to Los Gatos and Monte Sereno, is included in the Base Rate even when requested by or attributable to Saratoga. Saratoga-Requested Discretionary Services are authorized, scoped, and compensated under Section 5.3, and their cost treatment is governed by Section 5.3.7. SaratogaRequested Discretionary Services may include, but are not limited to, special event policing for events in which costs are ordinarily passed onto a permit applicant, services requiring specialized equipment, technology, or personnel not ordinarily used in routine operations, sustained dedicated or separately scheduled resources requiring material incremental staffing, overtime, backfill, equipment, or other costs beyond those ordinarily incurred in providing Base Rate services.
1.9 City Manager and Town Manager. "City Manager" and "Town Manager" mean the respective city manager or town manager of each Party, or each manager's designee authorized to act under this Agreement.
1.10 Municipal Code. "Municipal Code" means the Saratoga Municipal Code, together with any other enforceable local laws, regulations, permit conditions, resolutions, and directions that Saratoga lawfully requests Los Gatos to enforce.
1.11 External Mandate Cost Pass Through. "External Mandate Cost Pass Through" means an adjustment to the Base Rate or a separate temporary surcharge requested by Los Gatos pursuant to Section 10.8.1 to recover Los Gatos's actual, incremental, and reasonably allocable cost of complying with a Qualifying External Mandate or incurring a Saratoga Specific Recurring External Cost, subject to the eligibility requirements, mitigation obligations, allocation methodology, and caps set forth in Section 10.8.1.
1.12 Qualifying External Mandate. "Qualifying External Mandate" means a requirement imposed on Los Gatos by a source external to Los Gatos that materially increases Los Gatos's actual cost of providing services under this Agreement. A Qualifying External Mandate includes only:
(a) a new or expanded federal, state, regional, or county statute, regulation, court order, consent decree, or binding judicial requirement directed to law enforcement agencies generally or to the Department specifically, requiring specific staffing, training, equipment, technology, records, evidence, dispatch, reporting, or compliance activity;
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(b) a material increase in third-party charges directly required for service delivery, including dispatch, booking, crime laboratory, communications, radio system, public safety interoperability, records, evidence, or comparable charges, where such charges are imposed by a public agency, joint powers authority, regional communications agency, regional radio authority, emergency communications agency, public safety interoperability body, or by a vendor for which reasonable substitution is not commercially available;
(c) a material assessment, charge, cost allocation, capital contribution, replacement cost, upgrade cost, subscriber cost, infrastructure cost, maintenance cost, financing cost, or compliance cost imposed by a regional communications, radio, dispatch, emergency communications, or public safety interoperability agency or joint powers authority for systems, infrastructure, equipment, subscriber access, maintenance, replacement, upgrade, modernization, or compliance costs directly required for the Department to provide services under this Agreement;
(d) a legally mandated increase in employer contributions, payroll obligations, or required compensation costs imposed by statute, regulatory action, or determination of CalPERS or comparable governmental authority, but excluding any compensation cost increase resulting from collective bargaining outcomes, classification decisions, or other discretionary determinations of Los Gatos; and
(e) extraordinary insurance, risk pool, or coverage cost increases imposed by Los Gatos's insurance provider or risk pool that are attributable to industrywide loss experience or regulatory change rather than to Los Gatos's own claims experience or program decisions.
A Qualifying External Mandate expressly excludes: (i) routine inflationary or compensation growth contemplated by Section 10.7; (ii) discretionary Los Gatos staffing, classification, compensation, or program decisions; (iii) collective bargaining outcomes; (iv) capital projects or equipment purchases not required by an external mandate, third-party public agency charge, regional assessment, or regional system cost described in this Section; (v) costs already recovered through Section 10.7, Section 11, or any other reimbursement provision of this Agreement; and (vi) costs attributable to Saratoga-Requested Discretionary Services or Extensive Services.
1.13 Annual Combined Adjustment Cap. "Annual Combined Adjustment Cap" means the maximum cumulative percentage increase, in any single contract year, to Saratoga's annual Base Rate together with any External Mandate Cost Pass Through surcharge or temporary surcharge payable in that year, resulting from the combined effect of the annual adjustment under Section
10.7 and any External Mandate Cost Pass Through under Section 10.8.1, as set forth in Section
10.8.1(d).
1.14 Saratoga Specific Recurring External Cost. "Saratoga Specific Recurring External Cost" has the meaning set forth in Section 10.8.1(a).
1.15 Term. “Term” means the initial service term beginning October 1, 2027, and ending June 30, 2037, together with any extension term exercised in accordance with Section 16.5.
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2. EFFECTIVE DATE, PURPOSE, AND GENERAL FRAMEWORK
2.1 Effective date and term framework. This Agreement becomes effective upon approval by the governing body of each Party and execution by both Parties. The provision of law enforcement services by Los Gatos to Saratoga shall commence October 1, 2027. The initial service Term is stated in Section 16.1 and may be extended only as provided in Section 16.5.
2.2 Purpose. The purpose of this Agreement is to provide continued municipal law enforcement services within Saratoga through an integrated regional service model operated by the Los Gatos Monte Sereno Police Department. The Parties intend this Agreement to support a durable public safety partnership among Los Gatos, Saratoga, and the existing Los Gatos Monte Sereno service relationship, provide Saratoga with comprehensive municipal police protection, preserve effective Department operations, and clearly allocate costs, responsibilities, and risk.
2.3 No third-party beneficiaries. This Agreement and each and every provision hereof are for the sole benefit of the Parties, and no other person or entity, including without limitation any resident, taxpayer, or member of the public, shall be deemed an intended or third-party beneficiary of this Agreement or have any right to enforce any provision of this Agreement.
2.4 Integrated service model. The Parties acknowledge that law enforcement services under this Agreement shall be delivered through an integrated Departmentwide service model serving Los Gatos, Monte Sereno, and Saratoga as coordinated adjoining jurisdictions. The Parties intend this model to support regional continuity of service, shared operational capacity, consistent professional standards, and flexible deployment of Department resources across the communities served by the Department.
Consistent with this integrated model, Department personnel, equipment, supervision, dispatch, records, investigations, administration, specialty resources, and other operational resources may be assigned, deployed, reallocated, or shared across jurisdictions as determined by the Chief based on law, officer safety, Department policy, available resources, operational necessity, and professional law enforcement judgment.
The Base Rate reflects Saratoga’s participation in the integrated service model. Los Gatos shall meet and confer with Saratoga regarding beat structure and deployment planning intended to support comparable service quality and response time goals across the jurisdictions served by the Department, subject to law, officer safety, Department policy, available resources, operational necessity, service demand, and professional law enforcement judgment. Except where this Agreement expressly provides otherwise, the model is not based on exclusive personnel assignments, dedicated resources, fixed staffing ratios, fixed patrol hours, fixed response times, or other static service metrics for any single jurisdiction.
2.5 General service standard. The Parties intend this Agreement to support a cooperative and durable municipal service relationship. Consistent with the integrated service model described in this Agreement and subject to law, available resources, officer safety, Department policy, collective bargaining obligations, and operational necessity, Los Gatos shall provide municipal law enforcement services within Saratoga in a professional manner consistent with the Department’s generally applicable policies, practices, training, supervision, and standards of conduct.
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The Parties intend that Saratoga receive the same general type and professional standard of municipal law enforcement services provided by the Department in Los Gatos and Monte Sereno. Because services are delivered through an integrated regional model, actual deployment, response, patrol activity, enforcement activity, investigative activity, staffing use, and service volume may vary among jurisdictions based on calls for service, geography, crime patterns, staffing availability, emergencies, mutual aid, officer safety, and operational judgment.
Service delivery under this Agreement shall be subject to periodic review through the reporting and service review processes in Sections 3 and 6, including review of reasonably available information regarding calls for service, response trends, patrol activity, crime trends, and recurring community safety issues in Saratoga. Such review is intended to support communication, coordination, planning, transparency, and policy level oversight, and shall be implemented consistent with the operational authority described in Section 3 and the integrated service model described in Section 2.4. Nothing in this Section shall be construed to create a contractual duty of care or heightened legal standard beyond that required by law.
2.6 Partnership and cost responsibility. The Parties acknowledge that this Agreement is intended to create a cooperative intergovernmental partnership based on an integrated regional service model. The partnership is intended to support professional municipal law enforcement services, regional coordination, shared operational efficiencies, fiscal predictability, and longterm sustainability for Los Gatos, Saratoga, and the communities served through the Department.
The Parties further acknowledge that the integrated service model depends on fair allocation of costs and responsibilities. Except as expressly provided in this Agreement, neither Party is intended to bear costs that are specifically attributable to the other Party’s local laws, property, technology, discretionary service requests, extraordinary incidents, transition decisions, or other Party specific obligations. The cost allocation, reimbursement, and adjustment provisions of this Agreement are intended to preserve the sustainability of the partnership while maintaining reasonable cost predictability for Saratoga.
3. ADMINISTRATION, CONTROL, AND OPERATIONAL AUTHORITY
3.1 Town operational responsibility, Chief authority, and Saratoga policy input.
Los Gatos, through the Department and the Chief, under the administrative direction of the Town Manager and consistent with the Los Gatos Town Code, shall retain responsibility and professional and operational authority over law enforcement services performed under this Agreement, including deployment, supervision, tactics, methods, investigations, enforcement decisions, emergency response, mutual aid participation, training, Department policies and procedures, and the use of equipment and technology. Saratoga may establish municipal public safety priorities and identify community concerns through its policy, budget, and contract oversight functions. Los Gatos shall reasonably consider those priorities and concerns through the consultation, reporting, service review, and meet and confer processes established by this Agreement and shall implement them to the extent consistent with law, available resources, officer safety, Department policy, collective bargaining obligations, operational necessity, and the lawful discretion of the Chief.
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3.2 Routing of Saratoga requests. Except for routine field communications, incident specific coordination during emergencies, or ordinary operational contact authorized by the Chief, requests by Saratoga to modify service priorities, seek discretionary enforcement emphasis, request attendance at meetings, obtain non-routine reports, or request special assignments or other non-ordinary services under this Agreement shall be communicated through the Saratoga City Manager or the City Manager's authorized designee. No individual member of the Saratoga City Council, commission, board, committee, or staff, other than the City Manager or authorized designee acting within the scope of this Agreement, shall have authority to direct Department personnel in the performance of services under this Agreement.
3.3 Annual service consultation. The Chief and Town Manager shall consult with the Saratoga City Manager regarding service delivery, operational trends, and any desired refinements.
Following such consultation, Los Gatos shall provide a brief written summary of the principal service observations, identified issues, and any mutually discussed refinements or follow up items, which may be satisfied through meeting notes, email correspondence, or another informal written format. Any material change to this Agreement shall require written amendment approved by the governing body of each Party.
3.3.1 Annual partnership and risk review meeting. At least once each contract year, the Town Manager, City Manager, Chief, and such staff as each Party deems appropriate shall meet in good faith to review service trends, community concerns, operational coordination, major risk issues, technology integration, emergency coordination under Section 7, and any anticipated legal, fiscal, or operational issues likely to affect performance of this Agreement.
3.3.2 Liaison Captain assignment. To support coordination and communication under this Agreement, the Chief may designate a Captain level liaison (the “Liaison Captain”) to serve as Saratoga’s primary Department point of contact.
For the initial 2027 assignment, the Chief shall select the Liaison Captain from qualified Department personnel through an internal expression of interest process, as determined by the Chief, considering qualifications, experience, leadership, and operational needs.
For that initial assignment only, the Saratoga City Manager and Chief shall jointly participate in an interview process to provide input, but final selection authority shall remain with the Chief, with significant input from the Saratoga City Manager.
After the initial 2027 assignment, the Chief shall have sole authority to designate, rotate, reassign, or replace the Liaison Captain based on professional development objectives, operational needs, succession planning, and Department considerations. The Liaison Captain role is intended to support regular communication, coordination, and service understanding between Saratoga and the Department. The role is an administrative coordination function and shall operate within the Department’s chain of command and operational authority.
3.4 Biannual Saratoga City Council reporting. Twice each contract year, the Chief, a captain, or another member of the Chief's staff shall attend a Saratoga City Council meeting and present the performance information described in Section 6.1 concerning the preceding six month period.
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3.5 Grant cooperation. Los Gatos and Saratoga shall cooperate in the preparation and submission of applications for government grants related to law enforcement services. Either Party may independently pursue grants and shall be solely responsible for its independent grant obligations unless otherwise agreed in writing.
3.5.1 Supplemental Law Enforcement Services Account (SLESA) transfer. In any fiscal year in which Saratoga receives an allocation of SLESA moneys under Government Code section 30061, Saratoga shall appropriate and expend those moneys in accordance with Government Code sections 30061 through 30063. No SLESA payment or reimbursement to Los Gatos shall be made unless and until the Saratoga City Council has appropriated the moneys for frontline municipal police services in accordance with a written request submitted by the Chief or other chief administrator of the law enforcement agency providing police services for Saratoga, as required by Government Code section 30061(c)(2). Following that appropriation, Saratoga may pay or reimburse Los Gatos for eligible SLESA expenditures actually incurred by Los Gatos in providing eligible frontline municipal police services to Saratoga, to the extent permitted by law.
Los Gatos shall use or charge SLESA moneys only for eligible frontline law enforcement services, shall comply with the nonsupplanting and administrative overhead restrictions in Government Code section 30062, and shall provide reasonable documentation needed for Saratoga’s reporting, audit, accounting, and appropriation requirements. SLESA amounts paid to Los Gatos shall not be treated as Base Rate payments or Extensive Services reimbursement unless expressly required by applicable law.
3.6 Authority of Chief for Saratoga Services. The Chief shall remain an employee of Los Gatos and subject to Los Gatos’s supervision, policies, and chain of command. Saratoga shall take any appointment, designation, oath, filing, or other action required by applicable law to authorize the Chief to exercise within Saratoga the powers and duties necessary to provide services under this Agreement, including any authority vested by law in Saratoga’s Chief of Police. Any such appointment or designation shall be solely for purposes of this Agreement and shall not create an employment relationship with Saratoga or authorize Saratoga to direct or supervise Department personnel.
3.7 Complaints process. Formal complaints regarding the conduct of Los Gatos-Monte Sereno Police Department personnel may be submitted by any aggrieved person, including through the Saratoga City Manager, and shall be processed in accordance with Town policy governing complaints against police personnel. Informal operational concerns may be raised through the City Manager, Chief, or their designees for prompt review and resolution.
4. SERVICES TO BE PROVIDED
4.1 Included law enforcement services. Los Gatos shall provide general municipal law enforcement services to Saratoga during the term of this Agreement as part of the integrated Departmentwide service model described in Section 2.4 and subject to Section 4.2. Except as otherwise stated in this Agreement, such services shall be the same general type and professional standard of services customarily provided by the Department within Los Gatos and Monte Sereno and shall include, as applicable:
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4.1.1 Statutes and ordinances. Los Gatos shall provide enforcement of California statutes and such federal, state, and local laws and ordinances as are normally and customarily enforced in the delivery of municipal law enforcement services. Where any statute, law, or ordinance is particular to Saratoga or Los Gatos, or where a legal issue turns on the substantive validity, meaning, or interpretation of an enactment of one jurisdiction, the legal counsel for that jurisdiction shall be solely responsible for providing legal advice and interpretation concerning that enactment. Nothing in this Agreement requires Los Gatos to provide specialized enforcement of local ordinances requiring equipment or training not normally maintained by the Department, or enforcement functions separately contracted by Los Gatos to another public agency or third-party.
4.1.2 Sworn officer and supporting services. Sworn officer services of the type customarily provided by the Department, including patrol, directed patrol, discretionary patrol, supervisory response, traffic related response, detective response, and other sworn personnel time associated with Saratoga incidents or service needs. This includes related administrative duties such as report writing, evidence booking, case follow up, and other associated work originating from Saratoga incidents.
4.1.3 Traffic enforcement. Traffic enforcement services shall be provided in Saratoga as part of the Department’s integrated policing model and in accordance with Department policies, operational priorities, available resources, observed conditions, and community safety information. Such services may include targeted enforcement efforts in areas of identified concern, including commercial districts, school zones, residential neighborhoods, and other locations where traffic safety issues are observed or reported, such as the Saratoga Village area. The scope, frequency, and location of traffic enforcement activities shall be determined by the Chief or designee based on data, community input, observed conditions, and overall Department priorities, consistent with Sections 2.4, 3, and 4.2.
The Parties acknowledge that traffic engineering functions, including but not limited to roadway design, traffic studies, speed surveys, and traffic control devices, are the responsibility of Saratoga. Saratoga shall be responsible for ensuring that legally required speed surveys and related traffic studies are conducted and maintained in a timely manner in accordance with applicable law to support enforceability of traffic regulations.
Requests for traffic calming or speed awareness equipment, including fixed radar speed display trailers or similar devices, shall be the responsibility of Saratoga. Saratoga shall provide such equipment unless otherwise expressly agreed in writing. The Department may coordinate with Saratoga regarding placement and operational considerations; however, nothing in this Agreement shall obligate Los Gatos to provide, procure, or maintain such equipment.
4.1.4 Community Service Officers. Community Service Officer services providing services related to a variety of non-enforcement, non-violent crime activity, and additional support services.
4.1.5 Investigations. Investigations of cases meeting the assignment criteria used by Los Gatos.
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4.1.6 Police communications and dispatch services. Twenty-four (24) hour communications services, including 911 call receipt, police dispatching, transfer of fire and emergency medical service calls to the County of Santa Clara or other responsible fire or EMS dispatch center, and notification or callout of appropriate Saratoga personnel regarding public works or other Saratoga municipal matters when such notification or callout is appropriate based on information reported to the Department.
4.1.7 Records support. Police Records Specialist services related to the receipt, processing, and dispositions related to police reports, including but not limited to, providing reports to the public.
4.1.8 Evidence management. Evidence intake, storage, and related evidence management functions.
4.1.9 Administrative support. Administrative support reasonably necessary to deliver law enforcement services under this Agreement.
4.1.10 Specialty teams, programs, and support resources. Collateral specialty team resources and other programs or support resources generally offered by the Department, including investigative support for criminal and traffic scenes and volunteer resources, to the extent such resources are available and appropriate.
4.1.11 Concealed carry permits. Intake, processing, evaluation, and issuance or denial of concealed carry weapon permit applications to the extent such work is lawfully assigned to the Police Department under an updated Saratoga ordinance and applicable law. Cost recovery for concealed carry weapon permit processing is governed by Section
5.5. Los Gatos shall not be required to accept or process a Saratoga concealed carry application until the appointment, oath, ordinance or resolution, fee schedule, and any agreement or delegation required by Penal Code sections 26155 and 26190 or other applicable law are effective.
4.1.12 Emergency police services coordination. Coordination of police resources during major disasters or emergencies as provided in Section 7.
4.1.13 Allocation of legal support responsibilities. Unless the Parties otherwise agree in writing, legal support associated with services under this Agreement shall be allocated according to the primary nature of the matter. Los Gatos shall be responsible for legal support arising primarily from Police Department operations, police procedures, Department records, personnel conduct, evidence handling, and other law enforcement activities performed by Los Gatos under this Agreement. Saratoga shall be responsible for legal support arising primarily from Saratoga local law, municipal governance, permit conditions, local regulatory requirements, Public Records Act requests not principally concerning Department records, and non-police City operations.
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4.1.13(a) Los Gatos legal responsibility. Legal support to be provided by or through Los Gatos, with Los Gatos's retaining discretion regarding the manner in which such legal support is provided and subject to applicable staffing and resource availability, includes legal support relating to: (1) community policing complaints and complaints concerning Department personnel conduct; (2) Pitchess motions and related peace officer personnel record matters; (3) subpoenas, court orders, or similar process directed to Department records, testimony, or police information maintained by Los Gatos; (4) citations or enforcement matters arising under the Los Gatos Town Code; (5) state law citations and related police enforcement matters, except to the extent prosecution or city attorney advice is required from another agency by law; (6) gun violence restraining orders or comparable police initiated protective order matters handled through Department operations; (7) concealed carry weapon permit processing, issuance, denial, suspension, revocation, and related police administration to the extent lawfully assigned to the Department; (8) legal review of Los Gatos contracts or agreements relating to Department operations; (9) legal support relating to private Automated License Plate Reader (ALPR) camera installation matters undertaken by or for Los Gatos; and (10) other legal questions or issues arising primarily from Department operations and related technology, police procedures, police records, evidence handling, or law enforcement activity performed by Los Gatos under this Agreement.
4.1.13(b) Saratoga legal responsibilities. Legal support to be provided by or through Saratoga includes legal support relating to: (1) Saratoga Municipal Code citations and interpretation, validity, drafting, amendment, or defense of Saratoga local laws; (2) Saratoga Public Records Act requests that do not principally concern Department records, police records, or law enforcement records maintained by Los Gatos; (3) Saratoga contract review, except for contracts or agreements that are prepared, administered, or entered into by Los Gatos; and (4) private Automated License Plate Reader (ALPR) camera installation matters undertaken by or for Saratoga.
4.1.13(c) Prosecutorial and city attorney functions. Nothing in this Section requires Los Gatos to act as prosecutor for Saratoga, to draft or revise Saratoga ordinances, resolutions, permit conditions, or administrative regulations, or to provide legal advice on matters that are principally municipal governance, land use, contracting, or non-police City operations.
4.1.13(d) Conflicts and legally assigned responsibilities. If a matter involves both Parties or presents a conflict of interest, each Party shall remain responsible for its own legal counsel unless otherwise agreed in writing. If applicable law assigns responsibility to a district attorney, county counsel, or another public agency, this Agreement shall not alter that legal assignment.
4.1.13(e) Mixed legal matters and allocation process. If a matter reasonably involves issues specific to one Party as well as shared legal, records, or administrative issues under this Section, the Parties shall promptly confer through the Town Manager, Saratoga City Manager, Chief, and such legal counsel or staff as each Party deems appropriate in order to allocate responsibility in a fair and
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practical manner based on the primary nature of the matter, the records at issue, the originating source of the legal question or request, and which Party's law, policy, conduct, or operations are principally implicated. Pending that allocation, each Party shall remain responsible for its own counsel, records review, and administrative support, except that the Parties shall reasonably cooperate to avoid missed legal deadlines, duplicative work, or unnecessary prejudice. Unless otherwise agreed in writing, any final allocation under this subsection shall not obligate Los Gatos to provide legal services, records analysis, or administrative support beyond those expressly assigned to Los Gatos under this Agreement.
4.1.14 Volunteer programs and community support resources. Los Gatos maintains a variety of volunteer based public safety support programs, which may include, but are not limited to, Volunteers in Policing (VIPs), Disaster Aid Response Team (DART) members, and the Explorer Program. These programs are designed to support public safety operations, community engagement, emergency preparedness, and organizational effectiveness.
To the extent such volunteer resources are available and appropriate, Los Gatos may utilize these programs to support services within Saratoga in a manner consistent with Department policies and practices, training, supervision, and operational needs. All volunteer programs utilized under this Agreement shall remain under the direction, supervision, and control of the Police Department, and deployment of such resources shall be determined solely by the Chief or designee. Nothing in this Section creates a volunteer staffing or service commitment for Saratoga.
4.1.15 Community Emergency Response Team (CERT) programs. Community Emergency Response Team (CERT) programs shall remain city-specific programs administered by each respective jurisdiction. Saratoga shall retain responsibility for the management, organization, training, and support of its CERT program. While Saratoga CERT members are not under the direct management of the Police Department, they may be activated, coordinated, or deployed by the Department during emergencies or disasters consistent with applicable emergency management protocols and may train jointly with CERT members from Los Gatos and Monte Sereno.
Unless otherwise expressly agreed in writing, the costs associated with Saratoga-specific volunteer programs, including CERT program administration, training, equipment, or support, shall remain the responsibility of Saratoga and/or the Santa Clara County Fire Department as it currently supports the CERT training function. Nothing in this Section obligates Los Gatos to assume long-term management, funding, or administrative responsibility for Saratoga-based volunteer programs.
Saratoga volunteers, including but not limited to CERT participants and other City affiliated volunteer personnel, shall be designated and managed as Disaster Service Workers (DSWs) under Saratoga’s authority in accordance with California law; provided, however, that such volunteers may be activated, coordinated, or deployed by the Police Department during emergencies or disasters consistent with applicable emergency management protocols, without altering their status as Saratoga-affiliated DSWs.
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4.1.16 Community outreach and engagement programs. Los Gatos maintains a variety of community outreach and engagement programs designed to promote public safety awareness, community partnerships, and transparency. Such programs may include, but are not limited to, Community Police Academies, youth engagement initiatives, volunteer programs, and other community-based events and educational opportunities.
To the extent such programs are offered, Saratoga community members may be eligible to participate in Department sponsored outreach and engagement programs, subject to Department policies, program capacity, and operational considerations. Participation in such programs shall be administered by the Department based on Department policies, program capacity, resource availability, and operational considerations. The Parties may collaborate on community engagement opportunities within Saratoga from time to time, subject to mutual agreement, resource availability, and operational priorities.
In providing services under this Section, Los Gatos shall reasonably account for Saratoga specific service needs, community concerns, and municipal priorities as communicated through the processes established in this Agreement, consistent with the integrated service model and the Department’s operational authority.
4.2 Flexible regional deployment model. Services shall be provided under the integrated service model described in Section 2.4. Except where this Agreement expressly provides otherwise, references to staffing, service hours, patrol hours, full time equivalent positions, or cost allocations are for planning, budgeting, reporting, operational analysis, or reimbursement purposes only and do not create a fixed staffing guarantee, exclusive assignment right, minimum service level, or jurisdiction specific resource commitment.
5. SARATOGA-REQUESTED DISCRETIONARY SERVICES AND EXCLUDED
SERVICES
5.1 Services and costs excluded from Base Rate. Unless expressly included in the Base Rate or otherwise approved in writing, the following separately reimbursable services and costs are excluded from the Base Rate: Saratoga-Requested Discretionary Services as defined in Section
1.8; amounts reimbursable for Extensive Services under Section 11, but only to the extent Section 11 expressly requires separate reimbursement; jail or detention services charged by third parties; unusual expert witness or outside consultant costs; litigation support not otherwise assigned to Los Gatos under this Agreement; code drafting; code enforcement and administrative code parking services; and animal control services. For clarity, legal services assigned to Saratoga under Section 4.1.13 are excluded from the Base Rate unless the Parties expressly agree otherwise in writing.
5.2 Limitations on Los Gatos service obligations. Los Gatos shall have no obligation to provide services that would require the Department to violate law, compromise officer safety beyond ordinary hazards of law enforcement work, depart from controlling Department policy, or assume responsibility for functions outside normal municipal law enforcement operations unless the Parties first agree in writing upon scope, lawful authority, and compensation.
5.3 Authorization of Saratoga-Requested Discretionary Services. Saratoga may from time to time request Saratoga-Requested Discretionary Services as defined in Section 1.8 that are outside the services included in the Base Rate. Such services are intended to be separately authorized,
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scoped, and compensated so that the Parties have a clear written understanding of the requested service, operational feasibility, cost methodology, and cost responsibility before Los Gatos undertakes the work, except in exigent circumstances as provided in this Section.
5.3.1 Pre-authorization required. Saratoga-Requested Discretionary Services shall require prior written authorization through the City Manager and Town Manager or their designees before Los Gatos commences performance, except as provided in Section
5.3.4. 5.3.2 Required terms for discretionary service authorization. A written authorization for Saratoga-Requested Discretionary Services shall describe at minimum (a) the requested service; (b) the anticipated duration or scope; (c) the cost methodology; and (d) cost responsibility.
5.3.3 Cost methodology for discretionary services. Saratoga shall pay Los Gatos for Saratoga-Requested Discretionary Services at Los Gatos’s cost of providing the service.
Los Gatos may invoice such costs after the service is provided, and payment shall be due on or before the fifteenth (15th) day of the month following the month in which the invoice is mailed or delivered.
5.3.4 Exigent circumstances. Where exigent circumstances require Los Gatos to commence Saratoga-Requested Discretionary Services before written authorization can be obtained, Los Gatos may proceed and shall provide notice to the Saratoga City Manager as soon as reasonably practicable. The Parties shall promptly memorialize cost responsibility in writing thereafter, applying the cost methodology in Section 5.3.3 unless the Parties agree otherwise in writing.
5.3.5 Mutual discretion regarding discretionary services. Saratoga is under no obligation to authorize any Saratoga-Requested Discretionary Service. Los Gatos is under no obligation to provide any Saratoga-Requested Discretionary Service that is operationally infeasible, inconsistent with the Chief's operational discretion under Section 3, or inconsistent with the limitations in Section 5.2.
5.3.6 Effect of prior discretionary services. The Parties may from time to time agree that Los Gatos will provide Saratoga-Requested Discretionary Services in response to particular circumstances. Performance of such services, whether one time, repeated, informal, or performed in exigent circumstances, shall not by itself modify the scope of Base Rate services or obligate either Party to continue, repeat, expand, or fund such services in the future. A written authorization under Section 5.3 may authorize SaratogaRequested Discretionary Services but shall not amend the scope of Base Rate services unless the instrument is approved and executed as an amendment in accordance with Section 19.5.
5.3.7 Cost treatment and scope. Ordinary variation in the volume, location, or attribution of services to Saratoga does not by itself make any service a SaratogaRequested Discretionary Service. Because Saratoga-Requested Discretionary Services are within Saratoga's discretion to request or decline, costs incurred under this Section 5.3 are not subject to the External Mandate Cost Pass Through provisions of Section 10.8.1 and are not counted toward the Annual Combined Adjustment Cap.
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5.4 New or expanded external service mandates. Cost recovery arising from a Qualifying External Mandate shall be governed exclusively by Section 10.8.1. Nothing in this Section limits Los Gatos's authority to make operational changes reasonably required for legal compliance, officer safety, or sound police administration, subject to the service obligations otherwise established by this Agreement.
5.5 Permit, application, and regulatory processing fees. Certain services the Department performs for or within Saratoga may lawfully be funded in whole or in part by fees charged to the applicant or recipient, who may be a resident of either jurisdiction or elsewhere. Depending on the service and applicable law, such fees may be established and collected by Saratoga, by Los Gatos or the Department, or by the Chief acting as a licensing or regulatory authority. This Section sets the cost recovery standard for such fees and prevents the same cost from being recovered twice.
5.5.1 Full cost recovery standard. The Party or official responsible under applicable law for establishing a fee for any permit, license, application, registration, release, or similar regulatory or processing service that the Department performs for or within Saratoga, including without limitation, concealed carry weapon license processing, parking permits, special event permits, alarm permits and false alarm response, vehicle releases and tow hearings, repossession and vehicle identification verification, fingerprinting and live scan, and clearance letters, shall establish and maintain that fee, to the maximum extent permitted by law, at a level that recovers the actual cost of providing the service, including direct personnel costs at fully loaded rates, direct equipment and material costs, and reasonably allocable costs.
5.5.2 No duplicate recovery between jurisdictions. Neither Party shall recover the same cost twice. Fee revenue derived from an applicant or recipient shall not be counted against, or retained in addition to, amounts already paid by the other jurisdiction for the same cost. To the extent a cost is already recovered by Los Gatos through the Base Rate, Los Gatos shall not also retain the applicant fee for that same cost, and any such fee revenue shall be credited or remitted to Saratoga. To the extent a cost is recovered through an applicant fee, it shall not also be charged to the other jurisdiction.
5.5.3 Recovery of unreimbursed costs to Los Gatos. To the extent Los Gatos incurs actual costs in performing the services described in this Section that are not recovered through the Base Rate or any other provision of this Agreement, those costs shall be recovered through the applicable fees and paid to Los Gatos. Where Saratoga or another party establishes or collects the fee, Saratoga shall remit to Los Gatos, or direct payment to Los Gatos of, the amount attributable to Los Gatos's unreimbursed cost, on a schedule mutually agreed by the City Manager and Town Manager. Where Los Gatos or the Department collects the fee directly, Los Gatos shall retain only the amount attributable to its unreimbursed cost and shall credit or remit any excess consistent with Section 5.5.2.
5.5.4 Statutory fee limits. Where applicable law limits the fee that may be charged for a service to an amount below the actual cost, the responsible Party shall set the fee at the maximum amount permitted by law, and any remaining cost incurred by Los Gatos shall be reimbursed by Saratoga to the extent the cost is attributable to services provided under this Agreement and is not otherwise recovered. Such reimbursement may be administered
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as a Saratoga Specific Recurring External Cost under Section 10.8.1(a) or as a SaratogaRequested Discretionary Service under Section 5.3, as appropriate, and shall not be borne by Los Gatos under the Base Rate.
5.5.5 Coordination with Section 5.3. Nothing in this Section limits the treatment of special event policing or other Saratoga-Requested Discretionary Services under Section
5.3. The Parties shall cooperate in good faith to ensure that no cost is recovered under both this Section and Section 5.3.
6. COMMUNICATIONS, REPORTING, AND SERVICE REVIEW
6.1 Performance information for Saratoga services. Los Gatos shall regularly make available to Saratoga performance information concerning services within Saratoga that is generally equivalent to information Los Gatos provides regarding Department services to its own Town Council and to Monte Sereno, subject to confidentiality requirements and the practical availability of data. Such information may include, as reasonably available and appropriate, activity levels, calls for service, response trends, patrol activity, crime trends, significant incidents, and recurring community safety issues.
6.2 Key operational notifications. Los Gatos shall use reasonable efforts to inform Saratoga of key matters related to services under this Agreement, including significant incidents within Saratoga, significant changes in key command personnel affecting Saratoga, and operational matters that Los Gatos would ordinarily communicate to its own governing body.
6.2.1 Notice of material risk issues. Each Party shall use reasonable efforts to notify the other Party of any known legal or operational issue arising from services under this Agreement, other than a claim or lawsuit governed by Section 19.3, that is reasonably likely to result in material cost exposure, public controversy, or significant intergovernmental concern.
6.3 Operational reports and dashboards. The Parties may develop mutually agreeable operational reports, dashboards, or other tools to assist with review of service delivery, provided that no such reporting mechanism shall impair criminal justice information protections, investigative privilege, or confidentiality obligations and shall not create an undue burden based on limitations of existing technology.
6.3.1 Limitations on reporting obligations. Unless otherwise expressly agreed in writing, Los Gatos shall determine the form, level of detail, methodology, and means of production for reports and performance information provided under this Agreement using reasonably available data and ordinary Department or Town administrative practices.
Nothing in this Agreement requires Los Gatos to create wholly new categories of data, maintain separate staffing or cost accounting beyond records otherwise maintained by Los Gatos or expressly required by this Agreement, or perform extraordinary compilation, programming, legal review, or redaction services, except as otherwise required by law. Notwithstanding the foregoing, Los Gatos shall continue to provide the reporting expressly required by Sections 3.4 and 6.1 and shall provide grant documentation required by Section 3.5.1.
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6.4 Use of performance information. Performance reports, service metrics, and operational data are intended to support communication, transparency, planning, and policy level review.
Such information shall not be construed as a warranty of outcome, response, crime reduction result, prosecution result, or fixed service level.
6.5 Recurring service issue review process. If Saratoga reasonably believes that a recurring service delivery issue exists under this Agreement, including concerns regarding communication, reporting, enforcement emphasis, or operational coordination, the Saratoga City Manager may submit a written request for service review to the Chief and Town Manager describing the concern in reasonable detail. Within fourteen days (14) after receipt, the Parties shall meet and confer in good faith through the City Manager, Town Manager, Chief, and such staff as may be reasonably appropriate to review the concern, exchange relevant non-confidential information, and discuss any appropriate operational, administrative, or contractual response. Any review under this Section is intended to address recurring coordination or service interface issues at a policy or administrative level and shall be conducted consistent with applicable confidentiality requirements, legal privileges, personnel protections, investigative restrictions, the integrated service model, and the operational authority described in Section 3.
6.6 PSAP and law enforcement communications services. The Parties acknowledge that Los Gatos operates a Public Safety Answering Point (PSAP) responsible for receiving 911 and nonemergency calls for service, dispatching law enforcement resources, and coordinating communications for services provided under this Agreement. Upon commencement of services under this Agreement, 911 calls and law enforcement related non-emergency calls originating within Saratoga shall be routed to and initially received by the Los Gatos PSAP as Saratoga’s primary public safety answering point, subject to applicable regional call-routing protocols, Next Generation 911 (NG911) system capabilities, and coordination with other public safety answering points.
Consistent with Section 4.1.6, calls requiring fire or emergency medical services shall be transferred to the County of Santa Clara or other responsible fire or EMS dispatch center. Los Gatos shall also provide notification or callout of appropriate Saratoga personnel regarding public works or other Saratoga municipal matters when such notification or callout is appropriate based on information reported to the Department and in accordance with current contact information and notification protocols provided by Saratoga.
Los Gatos shall retain sole authority over PSAP operations, including call handling protocols, prioritization of calls for service, dispatch decisions, staffing, training, quality assurance, technology systems, and compliance with applicable state and federal requirements, including California Law Enforcement Telecommunications System (CLETS), Criminal Justice Information Services (CJIS), and NG911 standards. Call prioritization, dispatch timing, and resource allocation shall be determined by the Department in accordance with established policies, operational needs, and available resources.
The Parties acknowledge that PSAP operations are subject to regional interoperability requirements and mutual aid coordination. Calls for service may be transferred, shared, or coordinated with other public safety agencies when appropriate for operational efficiency, jurisdictional responsibility, or public safety necessity.
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The Parties shall cooperate in good faith to ensure continuity of service during transition. Los Gatos shall lead and coordinate the transition of PSAP and law enforcement communications services necessary to commence services under this Agreement, including coordination with existing communications providers and other public safety answering points regarding call routing, data transfer, system alignment, testing, and operational readiness. Saratoga shall reasonably cooperate with Los Gatos and provide information, records, authorizations, contact information, and other assistance within Saratoga’s control reasonably necessary for the transition.
Nothing in this Section obligates Los Gatos to assume responsibility for non-law enforcement dispatch services, including fire, EMS, or other municipal services, beyond the transfer, notification, and callout functions expressly described in Section 4.1.6 and this Section. Los Gatos shall not be responsible for the provision, supervision, timing, or performance of the underlying fire, EMS, public works, or other non-law enforcement service, unless otherwise expressly agreed in writing.
6.7 Law Enforcement Partnership Advisory Committee (LEPAC). The Parties intend to establish, subject to approval by the City of Monte Sereno, a Law Enforcement Partnership Advisory Committee consisting of two Councilmembers from each of Los Gatos, Saratoga, and Monte Sereno, together with the respective Town Manager, City Managers, and Chief as technical advisors. The Committee shall meet at least quarterly and shall comply with all applicable open meeting laws.
The Committee may review and discuss service performance, operational coordination, community concerns, reporting, costs, anticipated cost increases, legal or regulatory changes, technology, regional efficiencies, funding opportunities, service improvements, and alternatives to avoid, reduce, defer, or mitigate cost increases or other impacts to the partnership. The Committee is advisory only to the Chief and to the Town Manager, but shall not direct Department personnel or operations, amend an agreement, establish a binding financial obligation, or otherwise bind a participating agency without the approvals otherwise required by law and the applicable agreement.
7. EMERGENCY COORDINATION OF LAW ENFORCEMENT SERVICES AND
EMERGENCY OPERATIONS CENTER USE
7.1 Emergency Operations Center (E.O.C.) activation. In the event of a major disaster or emergency affecting Saratoga that necessitates activation of an Emergency Operations Center, Los Gatos shall make the Los Gatos E.O.C. reasonably available for Saratoga’s use upon permission of the Town Manager or designee, subject to Los Gatos’s priority operational needs, facility capacity, and operational necessity.
7.2 Department emergency response and coordination. A Department representative shall be dispatched to the E.O.C. and shall coordinate with Saratoga’s Director of Emergency Services, within the applicable emergency management structure. Either the Chief, captain, or other designated personnel shall respond as soon as reasonably possible and shall coordinate with Saratoga officials as needed. Nothing in this Section transfers operational command of Department personnel or impairs the Chief’s or designee’s authority over police tactics, deployment, law enforcement decisions, mutual aid coordination, or officer safety decisions.
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7.3 Maintenance and ordinary capability. Los Gatos shall maintain the Los Gatos E.O.C. facility and infrastructure. Saratoga shall remain responsible for any separate Emergency Operations Center facility or emergency management facility that it owns or operates.
7.4 Emergency diversion. If in the sole judgment of the Chief or designee an emergency arises in Los Gatos requiring temporary diversion of officers, vehicles, or other resources from Saratoga, such resources may be diverted on an emergency basis. Likewise, to the extent emergencies in Saratoga require additional support, the Chief or designee may divert personnel and equipment from other areas to Saratoga.
7.5 Disaster response cost reimbursement. In the event of an emergency or disaster affecting Saratoga that is proclaimed, declared, ratified, or otherwise formally recognized by the Saratoga City Council, the Saratoga City Manager acting as Director of Emergency Services, or another authorized Saratoga representative under applicable law, Los Gatos activity and costs associated with the emergency or disaster response shall be treated as Extensive Services and reimbursed in accordance with Section 11, except as expressly provided in this Section.
Los Gatos shall document personnel time, equipment use, supplies, materials, and other actual and reasonably allocable costs incurred in connection with the emergency or disaster response.
Saratoga shall include documented Los Gatos costs that are below the reimbursement threshold in Section 11, including costs within the first three hundred twenty (320) hours and any other unreimbursed Los Gatos disaster response costs, in any applicable request, claim, or application for reimbursement from federal, state, regional, insurance, private, settlement, or other available sources, to the extent legally permissible and supported by documentation provided by Los Gatos.
Los Gatos shall cooperate with Saratoga by providing reasonable documentation, cost records, personnel records, equipment records, and other information reasonably required to support Saratoga’s reimbursement request, claim, or application. Within thirty (30) days after Saratoga receives reimbursement, recovery, or other funding attributable to Los Gatos disaster response costs that have not otherwise been paid by Saratoga, Saratoga shall pay Los Gatos the reimbursed amount attributable to those costs, based on the reimbursement percentage or amount approved and paid by the funding source. Saratoga may retain any reimbursement, recovery, or other funding attributable to Los Gatos costs that Saratoga has already paid as Extensive Services or otherwise paid under this Agreement. No cost shall be recovered twice under this Agreement.
7.6 Priority use and sharing of EOC. Los Gatos retains primary priority for use of the Emergency Operations Center. In the event of competing needs, Los Gatos shall determine E.O.C. use in light of operational necessity, but in the spirit of partnership, the Parties shall work cooperatively and in good faith to maximize reasonable utilization of the E.O.C. for mutual benefit and to balance, where practicable, the demands and needs of Los Gatos and any other jurisdiction for which Los Gatos provides law enforcement services. Nothing in this Section prohibits joint use where Los Gatos determines joint use to be operationally appropriate and in the interest of both Parties.
7.7 Mutual aid reimbursement rights. Where Department personnel respond to a mutual-aid event under the California Master Mutual Aid Agreement or any other mutual-aid framework, whether the event is located within Los Gatos, Saratoga, or elsewhere, all reimbursements available from the State of California, OES, FEMA, or any responsible jurisdiction for the cost
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of Department personnel, equipment, and resources shall run to and be retained by Los Gatos, regardless of which Party requested or received the mutual-aid response. Saratoga shall reasonably cooperate with Los Gatos in preparing, supporting, and submitting any reimbursement claim relating to such mutual-aid response within Saratoga. For the avoidance of doubt, where the Department's response to an emergency or disaster in Saratoga includes a mutual-aid component, this Section 7.7 governs all reimbursements available under any mutualaid framework as to that mutual-aid component, and Section 7.5 governs only those costs and reimbursements not eligible for mutual-aid reimbursement. Saratoga shall not include in any submission under Section 7.5 any cost for which Los Gatos is entitled to direct reimbursement under this Section 7.7, and no cost shall be recovered twice under this Agreement.
8. PERSONNEL AND EMPLOYMENT MATTERS
8.1 Town employees. All police officers, dispatchers, records personnel, supervisors, managers, and other Department personnel performing services under this Agreement remain employees of Los Gatos at all times. Except for any limited statutory status described in Section 3.6 and only to the extent required by applicable law, no such person shall be deemed an employee of Saratoga for any purpose.
8.2 Employment authority. Responsibility for selection, hiring, training, scheduling, promotion, discipline, assignment, reassignment, leaves, separation, compensation, pension, employee relations, labor negotiations, and all other employment matters relating to Department personnel shall remain solely with Los Gatos.
8.3 No direct personnel liability. Saratoga shall not be liable for direct payment of salaries, wages, benefits, retirement contributions, workers compensation, unemployment insurance, or any other form of compensation for Los Gatos personnel, except through the payments to Los Gatos expressly required by this Agreement.
8.4 Coverage for personnel and vehicles. Los Gatos shall maintain workers compensation coverage and automobile insurance or self-insurance for its personnel and vehicles performing services under this Agreement.
8.5 Los Gatos organizational decisions. Saratoga acknowledges that Los Gatos may make Department staffing, deployment, and organizational decisions consistent with Sections 2.4, 3, and 4.2, without prior notice to Saratoga, except where notice is reasonably practicable and operationally appropriate.
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8.5.1 Advance notice of material operational changes. When reasonably practicable, Los Gatos shall provide advance notice to the Saratoga City Manager of any known material change in Department staffing, command structure, deployment model, technology systems, or operational practice that is reasonably expected to have a significant and continuing effect on the delivery of services within Saratoga. Where advance notice is not reasonably practicable due to emergency, confidentiality, personnel, or operational considerations, Los Gatos shall provide notice as soon as reasonably practicable thereafter. This Section does not require disclosure of confidential personnel matters, tactical information, or protected security information. Consistent with operational necessity and available resources, Los Gatos shall use reasonable efforts to minimize avoidable disruption to services within Saratoga arising from such changes.
8.5.2 Meet and Confer. Either Party may request to meet and confer regarding service coordination, Saratoga public safety priorities, communication, reporting, integrated service model performance, deployment planning, or other operational matters within the Department’s control. The meet and confer shall occur through the Town Manager, City Manager, Chief, and other appropriate staff designated by each Party.
The Parties shall meet in good faith, share relevant non-confidential information reasonably available to them, and reasonably consider each other’s concerns, operational constraints, legal responsibilities, fiscal impacts, and partnership interests.
The meet and confer process is consultative only. Nothing in this Section authorizes Saratoga to direct, command, supervise, deploy, assign, discipline, or control Department personnel, resources, tactics, investigations, enforcement decisions, dispatch decisions, or other law enforcement operations. The Chief’s operational decisions remain final, except as otherwise required by law. Nothing in this Section limits Los Gatos’s responsibility to oversee the Department and provide services under this Agreement.
No meet and confer discussion, meeting note, operational adjustment, or course of conduct amends this Agreement or creates a new service obligation, cost obligation, staffing commitment, fixed service level, or operational limitation unless approved in a written amendment or other written instrument executed by both Parties following any approvals required by law.
8.6 No transfer of employment rights. Nothing in this Agreement creates a merger, transfer, or assumption of employment rights between the Parties.
9. SARATOGA OBLIGATIONS
9.1 Saratoga to provide local materials. Saratoga shall timely provide, or provide access to, Los Gatos with current copies of all ordinances, resolutions, permit conditions, maps, traffic regulations, tow away authorities, signage plans, current departmental on-call contact information and notification protocols, and similar local enactments or directives that Saratoga expects the Department to enforce or rely upon. Saratoga shall be responsible for keeping such on-call contact information and notification protocols current.
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9.2 Responsibility for Saratoga enforcement predicates. Saratoga shall be responsible for the legality, constitutional sufficiency, adoption, posting, and maintenance of its Municipal Code, permit conditions, traffic control devices, signs, parking restrictions, and similar city created enforcement predicates, except to the extent Los Gatos materially contributes to a defect through its own conduct.
9.2.1 Reliance on Saratoga supplied enforcement predicates. In performing services under this Agreement, Los Gatos may rely in good faith on ordinances, resolutions, permit conditions, maps, signage plans, traffic regulations, tow authorities, and similar local enforcement predicates supplied by Saratoga, unless Los Gatos has actual knowledge that the particular predicate is legally defective, materially inaccurate, or no longer in effect.
9.3 Notice of Saratoga local changes. Saratoga shall provide prompt notice to Los Gatos of any change in local law, special event plan, permit condition, or local policy that could materially affect enforcement or risk exposure under this Agreement.
9.3.1 Collaborative correction of enforcement predicate issues. If Los Gatos identifies an issue with a Saratoga ordinance, resolution, permit condition, map, traffic regulation, tow away authority, signage plan, posted restriction, or other local enforcement predicate that reasonably appears to make enforcement legally deficient, factually unsupported, operationally unclear, or otherwise problematic, Los Gatos shall promptly notify Saratoga’s City Manager. Los Gatos may defer or limit enforcement of the affected provision or predicate to the extent reasonably necessary to avoid unlawful or imprudent enforcement. In such event, the Parties shall work collaboratively and in good faith to identify the deficiency and develop a reasonable corrective course of action. Saratoga shall reasonably work with Los Gatos to address the identified deficiency as promptly as practicable.
9.4 Saratoga directed events and conditions. To the extent Saratoga requests law enforcement presence or action as a Saratoga-Requested Discretionary Service under Section 5.3, Saratoga shall ensure that the basis for any such presence or action is valid in accordance with all codes and regulations, and that any required municipal approvals have been obtained.
9.5 Third-party public agency fees and cost increases. Routine third party public agency costs ordinarily associated with the delivery of services under this Agreement are included in the Base Rate except as otherwise expressly provided. Any increase, assessment, allocation, or charge that qualifies as a Qualifying External Mandate or Saratoga Specific Recurring External Cost shall be governed by Section 10.8.1. Costs attributable to Saratoga-Requested Discretionary Services shall be governed by Section 5.3.
9.6 Mutual cooperation obligations. Saratoga shall cooperate with Los Gatos in connection with claims defense, records requests, reimbursement applications, incident review, and transition planning, and shall furnish information reasonably requested by Los Gatos in support of those functions. Los Gatos shall likewise cooperate in good faith with Saratoga in addressing operational, legal, and administrative issues arising from the Town's provision of services under this Agreement, consistent with law, confidentiality obligations, and the Town's retained operational authority.
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10. COMPENSATION AND PAYMENT
10.1 Contract year. For purposes of this Agreement, a full contract year begins on July 1 and ends on June 30. The initial service period beginning October 1, 2027, and ending June 30, 2028, is a partial contract year. Thereafter, each full contract year begins on July 1 and ends on June
30. 10.2 Initial annual Base Rate. The first year Base Rate of $9,392,000 is for the services identified in Section 4. For the initial service period beginning October 1, 2027, and ending June 30, 2028, the amount payable shall be prorated to $7,044,000 to reflect the partial year. The annual Base Rate shall remain $9,392,000 for purposes of the adjustment effective July 1, 2028 under Section 10.7.
10.2.1 Initial startup cost reimbursement and amortization. Los Gatos shall provide Saratoga with a written implementation budget identifying documented startup costs incurred or reasonably expected to be incurred in commencing services. The annual amortization of approved startup costs is currently estimated to be $337,000 per year, plus applicable interest, subject to the final approved implementation budget and amortization schedule. The Town Manager and City Manager shall review and confirm in writing the eligible startup costs and proposed amortization schedule not to exceed ten (10) years. Their confirmation is administrative only and does not authorize payment or create a binding financial obligation. Any costs requiring Saratoga City Council approval shall be presented to the City Council, which shall consider the request in good faith and shall not unreasonably withhold, condition, delay, or deny approval of documented, eligible costs reasonably necessary to commence services. No amount requiring governing body approval shall become binding unless and until such approval is obtained. Los Gatos shall not be required to incur or commit to any startup cost requiring Saratoga governing body approval unless and until the required approval has been obtained.
Eligible startup costs include reasonable costs necessary to transition, implement, equip, configure, integrate, train for, and commence services under this Agreement. Recurring operating costs, routine maintenance, and costs included in the Base Rate are excluded.
Approved startup costs shall bear simple interest on the outstanding unreimbursed principal balance from the date Los Gatos pays each approved startup cost until that principal is reimbursed. For each fiscal year, the annual simple interest rate shall equal the Pooled Money Investment Account Average Monthly Effective Yield for the immediately preceding February, as published by the California State Treasurer in connection with the Local Agency Investment Fund. The applicable rate shall be established each July 1 and shall remain in effect through the following June 30. Interest shall be calculated only on the outstanding principal balance and shall not compound.
Unless otherwise approved by both governing bodies, approved startup costs, together with applicable simple interest, shall be amortized over the remaining initial term and fully recovered by June 30, 2037. The startup cost amortization schedule shall be adjusted each July 1 as necessary to reflect the interest rate applicable to that fiscal year. Such amounts are separate from the Base Rate, are not subject to Section 10.7, are not subject to the Annual Combined Adjustment Cap under Section 10.8.1(d) and shall be invoiced monthly under Section 10.4. If this Agreement terminates before June 30, 2037, Saratoga shall pay Los Gatos all amounts due
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and owing under this Agreement, including the unrecovered balance of approved startup costs and all accrued and unpaid interest, as part of the final reconciliation.
10.3 Base Rate and support costs. The Base Rate is intended to include, without limitation, personnel, supplies, materials, facilities, vehicle costs, and administrative support costs associated with the integrated law enforcement service model. Consistent with Government Code section 54982(b), the Base Rate shall not include general overhead costs that Los Gatos reasonably determines it would incur regardless of whether it provided law enforcement services to Saratoga. Notwithstanding any other provision of this Agreement, nothing in this Agreement shall be construed to require Los Gatos to waive or absorb any cost to the extent Government Code section 54982 requires Los Gatos to charge that cost to Saratoga. Any such cost that is not otherwise recovered under this Agreement shall remain payable by Saratoga, subject to reasonable documentation and allocation and the dispute resolution process in Section 18.
10.4 Monthly invoicing and payment. Saratoga shall pay Los Gatos one twelfth (1/12th) of the Base Rate each month, together with one twelfth (1/12th) of the annual startup cost amortization and applicable interest payable under Section 10.2.1, if any. Los Gatos shall provide a monthly statement to the Saratoga City Manager identifying each component separately, and the amount due shall be payable on or before the fifteenth (15th) day of the month following the month in which the statement is mailed or delivered. For the initial service period beginning October 1, 2027, and ending June 30, 2028, the full annual startup cost amortization installment shall be payable without proration in nine monthly installments. For each subsequent full contract year, the annual startup cost amortization installment shall be payable in twelve monthly installments.
10.5 Late charge on delinquent payments. Failure to pay an undisputed amount within sixty (60) days after the due date as specified in 10.4 shall result in a late charge equal to five percent (5%) of the delinquent amount. The remedies in this Section are in addition to, and not in lieu of, any other remedy available under this Agreement, and any cure period under Section 17.2 shall run concurrently with the timelines in this Section.
10.6 Invoice disputes and credits. If Saratoga disputes an invoiced amount, Saratoga shall notify Los Gatos in writing with reasonable detail within thirty (30) days after receipt of the invoice. Saratoga shall nevertheless pay any undisputed portion when due. The Parties shall meet and confer promptly regarding the disputed amount. If it is later determined that Saratoga overpaid, Los Gatos shall provide a credit against future invoices or reimburse the overpayment if no future invoices remain.
10.7 Annual Base Rate adjustment. Beginning July 1, 2028, and on each July 1 thereafter during the Term, the Base Rate shall be adjusted upward by the greater of the percentages determined under Sections 10.7.1 or 10.7.2 below; provided, however, that the annual Base Rate adjustment shall in no event be less than three percent (3%) and shall in no event be greater than eight percent (8%), except as expressly provided in Section 16.5 for the first year of an extension term or as otherwise provided in the Agreement. Nothing in this Section limits Los Gatos's ability to request an External Mandate Cost Pass Through surcharge under Section 10.8.1, provided that any such surcharge shall be subject to the Annual Combined Adjustment Cap in Section 10.8.1(d).
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10.7.1 Employment Cost Index adjustment formula. The percentage change in the Employment Cost Index (ECI) published by the United States Department of Labor, Bureau of Labor Statistics, for total compensation for state and local government workers, All workers, not seasonally adjusted, for the twelve (12) month period ending in December of the immediately preceding calendar year, plus two percent (2%).
10.7.2 Los Gatos compensation cost adjustment formula. The percentage increase in the Town of Los Gatos’s actual employer compensation cost for sworn police officers resulting from compensation changes becoming effective during the applicable contract year, plus two percent (2%). For purposes of the adjustment effective on each July 1, compensation changes shall include changes approved as of that July 1 that are effective or scheduled to become effective during the contract year beginning on that date. Any compensation change approved after that July 1, including any retroactive compensation adjustment, shall be reflected in the next annual adjustment to the extent not previously included. For purposes of this Section, “actual employer compensation cost” includes but is not limited to base salary, generally applicable special pays, employer paid retirement contributions, health and welfare benefits, payroll taxes, workers’ compensation costs, and other employer paid compensation costs applicable to sworn police officers, as determined by Los Gatos in good faith using its normal budgeting, accounting, or labor costing practices. Nothing in this Section limits the Parties’ ability to approve a financial adjustment or other resolution arising from Sections 16.8 and 18 through a written instrument following any approvals required by law.
The adjustment described in this Section shall be the sole ordinary annual adjustment to the Base Rate during the Term, except for: (a) adjustments mutually agreed in writing under Section 10.8 (Material Changes in Los Gatos Workforce or Service Model); (b) reimbursement for Extensive Services under Section 11; (c) reimbursement for initial startup costs and applicable interest under Section 10.2.1; (d) any External Mandate Cost Pass Through approved pursuant to Section
10.8.1; and (e) reimbursement for Saratoga-Requested Discretionary Services authorized under Section 5.3.
10.8 Material changes in Los Gatos workforce or service model. If Los Gatos undertakes a material change in the Department workforce, organizational structure, or service delivery model that is reasonably expected to have a continuing and material effect on the cost, level, scope, or manner of providing services to Saratoga, the Parties shall meet and confer in good faith to review the operational and financial impact of such change. The meet and confer shall consider whether the change is appropriately addressed through (a) absorption by Los Gatos as a discretionary internal decision; (b) a written amendment to this Agreement; (c) a service level adjustment mutually acceptable to the Parties; or (d) another mutually acceptable approach.
For purposes of this Section, a "material change" excludes routine staffing, classification, hiring, scheduling, or program decisions made in the ordinary course of Department operations.
Except as expressly provided in Section 10.8.1 or by written amendment approved by both Parties, no change addressed under this Section shall result in an adjustment to the Base Rate, modification of the services described in Section 4, or other change to this Agreement absent the written agreement of both Parties. This Section does not authorize Los Gatos to unilaterally modify the services described in Section 4, the Base Rate, or any other operative provision of this Agreement.
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10.8.1 External Mandate Cost Pass Through process. If Los Gatos reasonably determines that a Qualifying External Mandate or Saratoga Specific Recurring External Cost has materially increased, or is reasonably expected to materially increase, Los Gatos's actual cost of providing services under this Agreement, Los Gatos may submit a written request to Saratoga for an External Mandate Cost Pass Through, subject to the following:
For purposes of this Section 10.8.1, references to a Qualifying External Mandate shall include a Saratoga Specific Recurring External Cost unless the context expressly requires otherwise.
10.8.1(a) Documentation. A request under this Section shall be supported by reasonable documentation showing that the Qualifying External Mandate has materially increased, or is reasonably expected to materially increase, Los Gatos's actual cost of providing services under this Agreement and identifying the amount reasonably attributable and allocable to services provided to Saratoga.
Los Gatos may request recovery of a Saratoga Specific Recurring External Cost.
For purposes of this Section, a Saratoga Specific Recurring External Cost means an actual, incremental, externally imposed cost that is directly required for service delivery under this Agreement, specifically attributable to Saratoga service demand, Saratoga incidents, Saratoga cases, Saratoga arrestees, Saratoga records, Saratoga evidence, Saratoga technology use, or another identifiable Saratoga related source, and recurring or reasonably expected to recur.
Any request under this subsection shall remain subject to the mitigation, allocation, cap, notice, meet and confer, and approval requirements of this Section
10.8.1. The requested recovery shall be limited to Saratoga's reasonably allocable share and shall not include costs already recovered through the Base Rate or another reimbursement provision of this Agreement.
10.8.1(b) Mitigation requirement. As a condition of any pass-through, Los Gatos shall demonstrate in its written request the mitigation efforts undertaken or considered, including, as applicable: (i) options to absorb, defer, or phase the cost; (ii) operational adjustments evaluated; (iii) negotiation with third-party providers or alternative-source efforts; (iv) phased implementation of the underlying mandate where lawful; or (v) the reasons mitigation options were determined to be inadequate. Los Gatos shall pursue reasonable mitigation in good faith before submitting and during the pendency of any request under this Section.
10.8.1(c) Allocation methodology. Saratoga’s share of any approved External Mandate Cost Pass Through shall equal the portion of Los Gatos’s actual incremental cost attributable to the Qualifying External Mandate that is reasonably allocable to services provided to Saratoga, using a documented allocation methodology reasonably related to the nature of the cost.
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10.8.1(d) Annual Combined Adjustment Cap. The cumulative effect of (i) the annual Base Rate adjustment under Section 10.7 and (ii) any External Mandate Cost Pass Through surcharge payable under this Section shall not, in any single contract year, increase Saratoga's annual Base Rate, together with any External Mandate Cost Pass Through surcharge payable in that year, by more than twelve percent (12%) over the prior contract year's Base Rate. For purposes of the adjustment effective July 1, 2028, the “prior contract year’s Base Rate” means the annualized Base Rate of $9,392,000 stated in Section 10.2, and not the prorated amount payable for the initial partial contract year.
Because the annual Base Rate adjustment under Section 10.7 may not exceed eight percent (8%), the maximum External Mandate Cost Pass Through surcharge payable in any single contract year shall not exceed four percent (4%) of the prior contract year's Base Rate. This cap on the External Mandate Cost Pass Through of four percent (4%) applies even if the annual Base Rate adjustment under Section
10.7 is less than eight percent (8%) in a given year.
Any portion of an otherwise eligible and approved External Mandate Cost Pass Through that cannot be recovered in a contract year because of the Annual Combined Adjustment Cap (a "Carried Forward Mandate Balance") may, at Los Gatos's election, be carried forward and recovered in one or more subsequent contract years, subject to the Annual Combined Adjustment Cap in each such year.
A Carried Forward Mandate Balance shall continue to accrue and remain fully recoverable without limitation as to amount or duration. It shall not be reduced, waived, or extinguished by the passage of time or by the expiration or termination of this Agreement, and shall survive as a payment obligation of Saratoga until paid in full, unless the Parties mutually agree in writing to reduce or terminate the balance. Any Carried Forward Mandate Balance remaining unpaid at the expiration or termination of this Agreement shall be paid by Saratoga as part of the final reconciliation under this Agreement.
10.8.1(e) No Aggregate External Mandate Cap. There shall be no aggregate lifetime cap on External Mandate Cost Pass Through recovery. Each request remains subject to the requirements of this Section 10.8.1, including the mitigation, allocation, notice, meet and confer, approval, and Annual Combined Adjustment Cap requirements.
10.8.1(f) Temporary, one time, and recurring treatment. Costs attributable to one-time or nonrecurring impacts of a Qualifying External Mandate may be addressed through a temporary surcharge of defined duration. Costs attributable to ongoing or recurring impacts of a Qualifying External Mandate may be addressed through a recurring surcharge or other separately identified External Mandate Cost Pass Through mechanism approved by the Parties.
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The Parties shall confer in good faith to characterize each External Mandate Cost Pass Through as temporary, one-time, recurring, or ongoing based on the nature of the underlying cost. If a recurring cost is later reduced, eliminated, or no longer reasonably allocable to Saratoga services, the corresponding recurring surcharge shall be reduced or eliminated accordingly.
All temporary, one-time, recurring, and ongoing External Mandate Cost Pass Throughs shall remain subject to the Annual Combined Adjustment Cap in Section 10.8.1(d), including the right of Los Gatos to carry forward any approved but unrecovered amount.
10.8.1(g) Extraordinary Regional System Cost Reopener. If Los Gatos reasonably determines that a Qualifying External Mandate involving a regional communications, radio, dispatch, emergency communications, or public safety interoperability system creates a material cost allocation to Los Gatos that is directly required for the Department to provide services under this Agreement, and Saratoga's reasonably allocable share of that cost cannot reasonably be recovered through the External Mandate Cost Pass Through process in Section
10.8.1 within a reasonable period because of the Annual Combined Adjustment Cap, Los Gatos may request a good faith reopener of the affected financial terms.
The ordinary External Mandate Cost Pass Through process remains subject to the Annual Combined Adjustment Cap in Section 10.8.1(d). Notwithstanding Sections 10.8.1(d), (e), and (f), a special recovery method mutually approved under this subsection is a separate recovery mechanism and may exceed or otherwise operate outside the Annual Combined Adjustment Cap. No special recovery method under this subsection shall become effective without the written approval in accordance with Section 10.8.1(j).
For purposes of this Section, an Extraordinary Regional System Cost may include, without limitation, a material assessment, capital contribution, replacement cost, upgrade cost, subscriber cost, infrastructure cost, financing cost, maintenance cost, or compliance cost imposed by a regional communications, radio, dispatch, emergency communications, or public safety interoperability agency or joint powers authority.
A reopener request under this Section shall include reasonable documentation describing: (i) the nature and source of the regional system cost; (ii) the amount imposed on Los Gatos; (iii) Saratoga's reasonably allocable share; (iv) the allocation methodology; (v) the amount recoverable through the ordinary External Mandate Cost Pass Through process under Section 10.8.1(d); (vi) the estimated unrecovered balance; (vii) the estimated period required to recover the unrecovered balance through ordinary annual surcharge treatment; and (viii) the mitigation efforts considered or undertaken by Los Gatos.
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Upon receipt of a reopener request, the Parties shall meet and confer in good faith to consider a fair and practical method for recovery of Saratoga's reasonably allocable share of the Extraordinary Regional System Cost. Potential methods may include, without limitation, a separate payment schedule, a longer amortization period, a separate capital cost contribution, a temporary surcharge outside the ordinary annual surcharge structure, a financing mechanism, a written amendment to the Base Rate, a service or implementation adjustment, use of reserves or grant proceeds where legally available, or another mutually acceptable cost recovery approach.
To the extent an Extraordinary Regional System Cost, or a discrete portion of such cost, is directly and specifically attributable to Saratoga rather than generally allocable among the jurisdictions served by the Department, that Saratoga specific cost shall be allocated to Saratoga and shall not be required to be absorbed by Los Gatos. The method and timing of recovery shall be determined in accordance with this subsection.
Saratoga shall review any requested recovery method for an Extraordinary Regional System Cost in good faith and shall not unreasonably withhold, condition, delay, or deny approval of a recovery method that is supported by reasonable documentation, reasonably allocates Saratoga’s share of the cost, and is consistent with the cost recovery and cost predictability objectives of this Agreement. A denial, condition, or delay shall be reasonable only if based on a documented deficiency in eligibility, allocation methodology, mitigation, amount, duration, legal authority, or compliance with the requirements of this Agreement.
10.8.1(h) External mandate notice and documentation. Los Gatos shall provide written notice to the Saratoga City Manager as soon as reasonably practicable after becoming aware of a Qualifying External Mandate and its likely cost impact.
To the extent reasonably feasible, notice should be provided no later than March 15 preceding the fiscal year for which the pass-through is sought. If the Qualifying External Mandate first arises or becomes known after that date, notice shall be given within thirty (30) days after Los Gatos becomes aware of the impact.
The request shall include reasonable supporting documentation describing: (i) the nature of the Qualifying External Mandate and its legal, regional, third-party, or operational basis; (ii) the actual or projected incremental cost to Los Gatos; (iii) the cost reasonably attributable and allocable to Saratoga services and the proposed allocation methodology; (iv) the mitigation efforts considered or undertaken pursuant to Section 10.8.1(b); (v) Los Gatos's proposed treatment as a temporary, one-time, recurring, or ongoing surcharge pursuant to Section
10.8.1(f); (vi) the amount recoverable in the applicable contract year under the Annual Combined Adjustment Cap; and (vii) any approved but unrecovered amount proposed to be carried forward to a subsequent contract year.
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10.8.1(i) External mandate meet and confer process. Within thirty (30) days after Saratoga's receipt of a complete request, the Town Manager and City Manager, together with finance, legal, and police staff as appropriate, shall meet and confer in good faith regarding the request. The Parties shall use reasonable efforts to identify a proposed resolution within sixty (60) days after the initial meet and confer, recognizing that final approval may require additional time for internal review and any approvals required by law.
10.8.1(j) Approval required for pass through. No External Mandate Cost Pass Through shall take effect unless approved in a written amendment, written service authorization, or other written instrument executed by both Parties following any approvals required by law. Any External Mandate Cost Pass Through that modifies the Base Rate or another operative provision of this Agreement shall be approved as an amendment in accordance with Section 19.5. Saratoga shall review any request for an External Mandate Cost Pass Through in good faith and shall not unreasonably withhold, condition, delay, or deny approval of a request that is supported by reasonable documentation and satisfies the requirements of this Section 10.8.1. An approved External Mandate Cost Pass Through may identify the amount recoverable in the current contract year, the amount to be carried forward, the expected duration of recovery, and whether the cost is temporary, one-time, recurring, or ongoing.
10.8.1(k) Effect if no pass-through agreement is reached. If, after completion of the good faith review process described in this Section, the Parties do not reach agreement on a proposed External Mandate Cost Pass Through:
(i) Los Gatos shall not be entitled to unilaterally modify the services described in Section 4, the Base Rate, the annual adjustment under Section
10.7, or any other operative provision of this Agreement; (ii) Either Party may proceed under Section 18 without repeating the meet and confer process completed under this Section; and
(iii) Continued performance during dispute resolution shall be governed by Section 18.6.
10.8.1(l) Good faith objective for external mandate review. The Parties acknowledge that they are operating in partnership under this Agreement and shall use good faith efforts to evaluate Qualifying External Mandates in a manner that preserves continuity of service, allocates costs proportionally, maintains reasonable cost predictability for Saratoga, and protects Los Gatos against material uncovered costs caused by external mandates, regional system costs, or third-party public agency charges outside Los Gatos's control.
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10.8.2 Good faith end of term reconciliation and transition review. No later than one hundred eighty (180) days before the scheduled expiration of the Term, or promptly after either Party gives notice of non-renewal or termination as permitted by this Agreement, the Parties shall meet and confer in good faith regarding any known or reasonably anticipated end of term financial or operational impacts associated with continuation, transition, extension, or expiration of services. The purpose of this review is to promote orderly planning, continuity of public safety services, and fair allocation of material costs so that neither Party bears an unreasonable fiscal or operational impact where both Parties have acted in good faith partnership.
10.8.2(a) Scope of end of term review. The review may include, as applicable, projected compensation or benefit changes not yet reflected in the Base Rate, known third-party cost increases, transition staffing impacts, equipment or technology commitments, software or licensing commitments, accrued but unreconciled service related costs, data extraction or transition support beyond ordinary records turnover, wind down costs reasonably incurred as a result of expiration or transition, and any temporary continuation arrangements necessary to support continuity of public safety services.
10.8.2(b) Potential end of term arrangements. The Parties shall consider whether any final year reconciliation payment, temporary extension rate, transition service authorization, phased transfer of responsibilities, or other mutually acceptable financial or operational arrangement is appropriate to ensure that neither Party bears an unreasonable impact at the conclusion of the Agreement.
10.8.2(c) Compensation during agreed continuation period. If the Parties mutually agree to continue services after the stated expiration date while renewal or transition arrangements are being finalized, compensation during such continuation period shall remain at the then current Base Rate, as adjusted by Section 10.7, together with any other amounts expressly approved in writing by the Parties.
10.8.2(d) No obligation to extend or amend. Nothing in this Section requires either Party to extend the Term of this Agreement or to approve any amendment absent the approvals otherwise required by law. Except for amounts expressly recoverable under Section 10.8.2(e), this Section establishes a good faith process for evaluation and consideration of end of term issues in light of the Parties’ partnership and shared interest in continuity of service and fair allocation of material costs.
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10.8.2(e) Documented transition and wind-down cost responsibility. If Saratoga elects not to renew this Agreement, elects to terminate this Agreement, establishes its own police department, or contracts with another provider, or if Los Gatos terminates this Agreement as a result of an uncured material default by Saratoga under Section 17, Saratoga shall only be responsible for reasonable, documented, and non-duplicative transition and wind down costs incurred by Los Gatos that are caused, in whole or substantial part, by such expiration, termination, or transition and that are not otherwise included in the Base Rate or recovered elsewhere under this Agreement. Such costs include, without limitation:
(i) non-cancelable third-party commitments reasonably incurred for service delivery under this Agreement;
(ii) extraordinary transition support authorized or reasonably requested by Saratoga;
(iii) documented administrative, technology, records, evidence, dispatch, or staffing transition costs that cannot reasonably be avoided by Los Gatos through ordinary mitigation;
(iv) the unrecovered, unamortized portion of any approved startup costs under Section 10.2.1, together with all accrued and unpaid interest applicable to those startup costs under Section 10.2.1, except to the extent already recovered under Section 16.3; and
(v) documented severance, redeployment, or stranded position costs for sworn or civilian Department personnel hired or assigned in reasonable reliance on the term of this Agreement to the extent those positions cannot reasonably be absorbed within Los Gatos’s other operations, except to the extent such costs are already recovered under Section 16.3.
Los Gatos shall use reasonable efforts to mitigate transition and wind down costs.
Los Gatos shall provide Saratoga with reasonable documentation supporting the amount claimed, the basis for allocation to Saratoga, and the mitigation efforts considered or undertaken. The Parties shall meet and confer in good faith regarding any disputed amount. This Section shall not permit duplicate recovery of the same cost under more than one provision of this Agreement.
10.9 No additional charges without authorization. Except as expressly provided in this Agreement, Saratoga shall not be responsible for any additional charge unless authorized under Section 5.3, 10.2.1, 10.7, 10.8.1, 11, 16.8, 18, or another provision of this Agreement expressly authorizing reimbursement or payment, and subject to any approvals required by law.
10.10 No refund except for error or overpayment. The consideration paid to Los Gatos under this Agreement is intended to compensate Los Gatos for governmental service delivery and shall not be construed to require refund of funds during or after the term except in the case of an overpayment, duplicate payment, or other demonstrable billing error.
11. EXTENSIVE SERVICES AND CRITICAL INCIDENT COST RECOVERY
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11.1 Tracking Extensive Services. If Extensive Services, as defined in Section 1.7, are required due to a single incident or series of related incidents originating in Saratoga, Los Gatos shall track Department service hours attributable to those events solely for the reimbursement purposes described in this Section and may bill Saratoga in accordance with this Section.
11.2 Notice when Extensive Services may exceed 320 hours. When it appears to the Chief, in the Chief's sole discretion, that a single incident or a series of related incidents will involve three hundred twenty (320) or more Department service hours, measured cumulatively from the date of the incident or the first incident in a related series and including hours reasonably anticipated to occur in any subsequent contract year, the Chief shall notify the Saratoga City Manager and discuss anticipated staffing and work needs, including investigations, records, court preparation, filings, and related tasks.
11.3 Reimbursement trigger and calculation for Extensive Services. If the tracked Department service hours for a reported incident or a series of related incidents exceed seven hundred (700) hours, measured cumulatively from the date of the incident or the first incident in a related series and including hours occurring in any subsequent contract year if the incident or related series continues, Los Gatos shall provide Saratoga with an accounting of the total service hours and a breakdown of the related Department services. For an incident or related series spanning more than one contract year, all qualifying hours shall be aggregated for purposes of the 320-hour and 700-hour thresholds and the reimbursement calculation, and Los Gatos may invoice upon crossing the 700-hour threshold regardless of the contract year in which the threshold is crossed.
Saratoga shall reimburse Los Gatos for the actual cost of all tracked Department service hours above three hundred twenty (320) hours for that incident or related series. For avoidance of doubt, the Base Rate includes ordinary investigative services and the Parties have established the thresholds in this Section to distinguish extraordinary investigative demands from the investigative activity contemplated by the Base Rate; reimbursement is triggered only when the seven hundred (700) hour threshold is exceeded and, once triggered, is calculated from the first hour above three hundred twenty (320) hours.
11.4 Extensive Services invoice timing. When total tracked hours exceed seven hundred (700) hours, Los Gatos may invoice Saratoga for the reimbursable amount, and the invoice shall be payable on the fifteenth (15th) day of the month following the month in which the statement is mailed or delivered.
11.5 No limitation on other reimbursement rights. The cost recovery rights in this Section are intended to address extraordinary demand and do not limit any other reimbursement right expressly provided elsewhere in this Agreement for disasters, grant funded activity, SaratogaRequested Discretionary Services under Section 5.3, or External Mandate Cost Pass Throughs under Section 10.8.1.
11.6 Review of Extensive Service thresholds and impacts. If either Party reasonably believes that the number, nature, frequency, duration, staffing demand, investigative complexity, administrative burden, or cost impact of Extensive Services is disproportionately affecting that Party, the affected Party may request a review of the Extensive Services provisions of this Agreement.
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Upon such request, the City Manager and Town Manager, together with the Chief and such finance, legal, or operational staff as each Party deems appropriate, shall meet and confer in good faith regarding the concern. Following such review, the Parties shall work in good faith to determine whether a mutually agreeable change should be made to the thresholds, reimbursement methodology, operational handling of Extensive Services, reporting practices, staffing approach, or other related procedures. Any change to the thresholds, reimbursement obligations, or other material terms of this Section shall require a written amendment or other written agreement approved by both Parties. Nothing in this Section requires either Party to agree to a proposed change or limits the Chief’s operational discretion or the Department’s response to any incident requiring law enforcement services.
12. EQUIPMENT, PROPERTY, FACILITIES, AND TECHNOLOGY SYSTEMS
12.1 Ownership of property. Any and all property acquired by Los Gatos under or in connection with this Agreement shall remain the property of Los Gatos unless the Parties otherwise agree in writing. Property acquired by Saratoga shall remain the property of Saratoga unless Saratoga expressly transfers title in writing.
12.2 Permissive use of Saratoga property and resources. Saratoga may provide or permit use of City owned or City controlled facilities, workspaces, rooms, storage areas, meeting spaces, parking areas, equipment, vehicles, camera systems, communications resources, or other property for use in support of services under this Agreement.
12.3 Substation, Workspace and Facility Use. Saratoga shall provide, at no charge, reasonable use of and access to such City owned or City controlled facilities, workspaces, rooms, storage areas, meeting spaces, parking areas, and related support spaces necessary for a police substation and as the Parties mutually identify from time to time as appropriate for the ordinary performance of services under this Agreement.
12.4 Additional or specialized use subject to Saratoga approval. Additional or specialized use of City owned, or City controlled facilities, spaces, or other resources requested by Los Gatos beyond the routine no charge access described in Section 12.3 shall be made available on a case by case basis, subject to Saratoga approval, availability, and any mutually agreed conditions of use or allocation of direct costs, if any.
12.5 Responsibility for condition and maintenance of Party property. Each Party shall be responsible for the condition, legality, maintenance, lifecycle management, and replacement of any property, equipment, technology, systems, facilities, or other resources that it owns or controls and makes available under this Agreement, unless the Parties agree otherwise in writing.
Use of one Party’s property by the other Party shall not transfer ownership, maintenance, replacement, or legal compliance responsibility except by written agreement.
12.6 Standard of care for use of Saratoga property. Los Gatos shall exercise reasonable care in the use of Saratoga property placed under Department control, but Los Gatos shall not be responsible for ordinary wear and tear, manufacturer defects, latent defects, or failures attributable to Saratoga’s maintenance obligations or third-party vendor performance.
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12.7 Control of Department and restricted information systems. Los Gatos shall retain control over Department systems, records systems, radio practices, dispatch systems, evidence systems, criminal intelligence systems, and any access to CLETS, CJIS, or similar law enforcement information systems used to perform this Agreement. Any City access to such systems shall be subject to Department policy, training requirements, legal restrictions, and revocation by Los Gatos when necessary for compliance or security.
12.8 No assumption of Saratoga technology integration or support obligations. Unless otherwise agreed in writing, Los Gatos is not obligated to integrate Saratoga owned technology into Department systems or to assume ongoing maintenance, licensing, cybersecurity, or support responsibilities for City owned technologies, including camera systems or specialized local hardware.
12.8.1 Data governance and cybersecurity responsibilities. All law enforcement data, criminal justice information, digital evidence, and operational information collected, stored, transmitted, or accessed through Department systems in performance of this Agreement shall be governed by Los Gatos policies, security protocols, and applicable federal and state law, including CJIS and CLETS requirements.
No Saratoga-owned or third-party technology, software, technology platform, network connection, or system integration shall be connected to or interfaced with Department systems used in performance of this Agreement without prior written approval of Los Gatos and compliance with applicable security, technical, and operational requirements.
12.8.2 Department policies govern police technology. Los Gatos’s Department policies, including its military equipment use policy adopted and administered under California Government Code sections 7070 through 7075, its Automated License Plate Recognition policies maintained under Civil Code sections 1798.90.5 through 1798.90.55, its body worn camera policies established consistent with Penal Code section 832.18, and any other Department technology policies, shall govern the Department’s operations under this Agreement, including operations within Saratoga, except to the extent a policy or requirement validly adopted by Saratoga under Government Code sections 7071(f) or 7075, or other applicable law, lawfully governs Department operations within Saratoga.
Before adopting or materially amending a policy or requirement that would apply to Department operations, Saratoga shall provide Los Gatos with reasonable advance written notice and an opportunity to meet and confer regarding legal compliance, operational feasibility, officer and public safety, training, equipment, reporting, technology, implementation, and cost impacts. Any such Saratoga policy or requirement shall apply only within Saratoga and shall not amend Department policy or transfer operational command or supervision of Department personnel to Saratoga. Except to the extent required by applicable law or by a policy or requirement validly adopted by Saratoga under applicable law, Saratoga shall not, by ordinance, resolution, policy, or administrative directive, impose obligations on the Department, its personnel, or its technology that conflict with Department policy or materially expand the Department’s compliance, reporting, training, equipment, staffing, technology, or operational obligations beyond those applicable within Los Gatos, unless the Parties enter into a
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written amendment or other written instrument specifying the scope, operational requirements, implementation schedule, and associated cost allocation.
If a Saratoga policy or requirement materially increases Los Gatos’s cost or materially affects Department operations or the level, scope, or manner of services under this Agreement, the Parties shall promptly meet and confer regarding implementation and cost allocation. Pending a written resolution, Los Gatos may limit or discontinue use of the affected equipment or technology within Saratoga to the extent necessary to comply with applicable law and the Saratoga policy or requirement, while continuing to provide the other services required by this Agreement. The matter may be addressed as a Significant Matter under Section 16.8.
12.9 Significant future assets requiring further agreement. The Parties acknowledge that, during the term of this Agreement, a substantial new asset or facility may be proposed in support of services under this Agreement, including by way of example but not limited to, a police station or similar public safety facility located within Saratoga. This Section 12.9 applies only to a proposed asset, facility, or related arrangement that would reasonably be expected to require a material change to the financial obligations, operational responsibilities, service delivery assumptions, or other material terms of this Agreement. Except in such circumstances, nothing in this Section 12.9 shall be construed to give either Party authority to direct, restrict, approve, or control the other Party’s ordinary decisions regarding equipment, property, facilities, technology, systems, or operational resources used in performing this Agreement.
Before any such significant asset or facility is incorporated into the services provided under this Agreement, the Parties shall confer and fully evaluate its financial, operational, legal, and service impacts, including capital and operating costs, funding sources, ownership, use rights, staffing, maintenance, security, liability, and any effect on service levels or ongoing obligations of either Party. Any responsibilities, cost allocations, or other obligations relating to such asset or facility shall be set forth in a written amendment to this Agreement, or in another written agreement approved by both Parties. Unless and until such written amendment or other written agreement is executed, neither Party shall have any obligation under this Agreement to fund, acquire, construct, provide, staff, maintain, operate, or support such asset or facility.
12.10 Saratoga Technology, ALPR Systems, Camera Systems, and RTIC Integration. The Parties acknowledge that technology systems may support law enforcement services when they are legally compliant, operationally appropriate, technically compatible, secure, and governed by clear data use and cost responsibility terms. For purposes of this Section, “Saratoga Technology” means technology owned, leased, licensed, or otherwise procured by Saratoga. This Section establishes the framework for Department access to, use of, connection with, or integration of Saratoga Technology, including Automated License Plate Reader systems, camera networks, video management systems, real time monitoring platforms, the Department’s Real Time Information Center or similar operational platforms, and related data sharing arrangements.
12.10.1 Approval and standards. Department access to, use of, connection with, integration of, or monitoring of Saratoga Technology shall be subject to Los Gatos approval, Department policies, applicable law, cybersecurity requirements, CJIS and CLETS requirements, technical compatibility, operational feasibility, audit capability, data governance requirements, and cost responsibility.