MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
by and between the
THE CITY OF SANTA CLARA,
and
THE CITY OF MILPITAS
PREAMBLE
This agreement for the performance of municipal law enforcement services (“Agreement”) is made and entered into on this day of June, 2023, (“Effective Date”) by and between the City of Milpitas, 455 E. Calaveras Blvd., Milpitas, CA 95035 (“Agency”) and the City of Santa Clara, a chartered municipal corporation, located at 1500 Warburton Avenue, Santa Clara, California 95050 (“City”). City and Agency may be referred to individually as a “Party” or collectively as the “Parties” to this Agreement.”
RECITALS
City is desirous of contracting with Agency for the performance of the law enforcement functions described herein.
Agency is agreeable to rendering such law enforcement services pursuant to the terms and conditions set forth in this Agreement.
Pursuant to the authority set forth in Government Code sections 54981 and 55632, and City Charter Section 1108, City seeks additional law enforcement services, and Agency agrees to provide additional law enforcement services on a periodic basis.
The Parties agree as follows:
AGREEMENT PROVISIONS
SERVICES TO BE PROVIDED.
Agency agrees, as available, to provide supplemental special detail law enforcement services for events taking place at the Stadium site and surrounding areas within City’s jurisdictional boundaries during the term of this Agreement. The classification and approximate numbers of personnel provided by Agency will be determined and mutually agreed upon, in writing, between Agency and the Santa Clara Chief of Police prior to each event. The Parties shall establish and agree to the number of hours necessary for the Agency employees to perform the requested services. City herein provides consent, pursuant to Penal Code section 830.1(a)(2), for any Agency peace officer providing services hereunder to exercise full peace officer authority within the City’s jurisdiction.
Except as otherwise specifically set forth, such services shall only encompass duties and functions of the type coming within the jurisdiction of, and customarily rendered by, Agency under its Charter and/or municipal codes, and the statutes of the State of California, and under the Charter and municipal codes of the City of Santa Clara.
For special detail officers, the request for services shall be a written request from the Santa Clara Police Chief or his/her designee. The request shall contain specific dates of service, hours of operation, number of personnel requested, and classification of personnel requested. For the purpose of performing said services, Agency shall furnish and supply, as available, all necessary labor, supervision, personnel, helicopters, tactical vehicles, equipment, fuel, and supplies necessary to provide the services to be rendered hereunder. The City acknowledges that additional equipment charges for special equipment such as helicopters, tactical vehicles, equipment, fuel, and supplies may be appropriate depending upon the services requested and may be charged by Agency as above and beyond the authorized pay rate for personnel. The request shall be signed by a representative of the City who is duly authorized to enter into such agreements for supplemental law enforcement services. The request shall be submitted via email to Agency specified contact.
The City hereby grants to Agency and its personnel responding to requests for services herein the right to transmit and broadcast communications to the Santa Clara Police Department's units via the Santa Clara Police Department’s designated dispatch frequency and/or any other law enforcement frequency for which the City of Santa Clara is licensed by the FCC.
Mutual aid agreements pursuant to the California Emergency Plan (Government Code §§ 8550 et seq.) and the Master Mutual Aid Agreement: If any mutual aid agreement(s) currently in place are triggered during any performance of services under this Agreement, the mutual aid agreement(s) shall govern all necessary personnel and/or tactics.
ADMINISTRATION OF PERSONNEL.
In the event of a dispute between the Parties to this Agreement as to the extent of the duties and functions to be rendered hereunder, or the minimum level or manner of performance of such service, the City shall be consulted and a mutual determination thereof shall be made by both Agency and the City in consultation with the City of Santa Clara’s Chief of Police.
The rendition of the services performed by Agency, the discipline of its officers, and other matters incident to the performance of such services and the control of personnel so employed shall remain with Agency.
With regard to sections A. and B., if there remains a disagreement as to the minimum level of services for a particular event, the Parties agree that the Santa Clara Chief of Police shall have final and conclusive determination of levels of service provided by Agency’s officers.
All City employees who work in conjunction with Agency pursuant to this Agreement shall remain City employees, are not Agency employees, and have no claim or right to any Agency employment benefits or policies. Similarly, all Agency employees who work in conjunction with City pursuant to this Agreement shall remain Agency employees, are not Santa Clara Stadium Authority (“Authority”) and/or City employees, and have no claim or right to any such employment benefits or policies.
Neither Authority nor City shall be called upon to assume any liability for the direct payment of any Agency salaries, wages, or other compensation to any Agency personnel performing services hereunder. Except as herein otherwise specified, neither Authority nor City shall be liable for compensation or indemnity to any Agency employee or agent for injury or sickness arising out of his/her status as a contract agent of the Authority and/or City.
COMPENSATION AND PAYMENT.
The City, shall pay Agency for the services it provides under the terms of this Agreement at the rates established hereunder, as they may be amended from time to time. The rates listed below may be periodically adjusted effective July 1 of each year to a mutually agreed upon rate. In such case, the annual rate adjustment shall be attached to this Agreement as Exhibit A to reflect the change in rates each fiscal year. The Parties specifically agree that such adjustment and change in Exhibit A each year is a valid amendment to this Agreement, and that no formal Amendment form need be used for such annual rate adjustment. The Parties will separately execute Exhibit A each year, or whenever there is a change in Exhibit A rates.
For and in consideration of Agency providing supplementary law enforcement services for the Authority and/or City under this Agreement, the City agrees to pay Agency for said services at the hourly rates as indicated in Exhibit A.
The rates in Exhibit A are developed by the Agency. These rates are designed to reimburse Agency’s costs in the compensation of employees, the administration of workers’ compensation benefits, and the Agency’s overhead attributable to providing the services identified in this Agreement, and as they may be amended from time to time.
PAYMENT PROCEDURES.
On a monthly basis, Agency shall submit a summarized invoice which covers all services performed during said month, to the City, and the City shall pay Agency for all undisputed amounts within thirty (30) days after date of said invoice.
If such payment is not delivered to Agency within thirty (30) days after the date of the invoice, Agency is entitled to recover interest thereon. Said interest shall be at a rate of five percent (5%) per annum or any portion thereof, calculated from the date payment was due.
For all disputed amounts, City shall provide Agency with written notice of the dispute including the invoice date, amount, and reasons for dispute within ten (10) days after receipt of the invoice. The Parties shall memorialize the resolution of the dispute in writing. For any disputed amounts, interest shall accrue at the rate stated in subsection B, above, if payment is not received within thirty (30) days after the dispute resolution is memorialized.
CANCELLATION OF PERSONNEL.
Neither the City nor the Authority shall be charged for cancellations made more than 24 hours prior to the scheduled event/assignment.
The City agrees that if cancellation is made within 24 hours prior to the scheduled event/assignment and the assigned Agency officer cannot be notified of such cancellation, City shall reimburse Agency a minimum of four (4) hours of compensation for each assigned officer pursuant to the rates identified herein.
Agency agrees to make all reasonable efforts to notify its assigned officer(s) of the cancellation.
TERM OF AGREEMENT.
The term of this Agreement shall commence upon execution by the Parties and shall continue for a period of one (1) year, unless terminated sooner or extended in whole or in part as provided for herein.
TERMINATION.
Either Party may terminate this Agreement with or without cause by giving not less than sixty (60) days advance written notice to the other Party.
Notwithstanding the foregoing, Agency may terminate the Agreement on only twenty (20) days advance notice, or less in the event of exigent circumstances, if Agency concludes that there are insufficient personnel to provide the agreed upon services and still perform other Agency duties as required by law.
In the event of a termination, each Party shall fully discharge all obligations owed to the other Party accruing prior to the date of such termination, and, except as otherwise provided herein, each Party shall be released from all obligations, which would otherwise accrue subsequent to the date of termination.
FAIR EMPLOYMENT.
While in the performance of services under this Agreement, Agency and its employees and agents shall not discriminate against any other employee or agent because of race, color, creed, national origin, gender, sexual orientation, age, disability, religion, ethnic background, or marital status, in violation of state or federal law.
HOLD HARMLESS/INDEMNIFICATION.
For purposes of indemnification, each Party shall be responsible for the acts of its participating employee(s) and shall incur any liabilities arising out of the service and activities of those employees.
Any Agency employee who performs duties under this Agreement shall be deemed to be continuing under the general employment of his or her respective jurisdiction and shall have the same powers, duties, privileges, responsibilities, and immunities as are conferred upon such employee by law in his or her own jurisdiction. Pursuant to Insurance Code Section 11663, the general employer shall be responsible for the entire cost of any worker’s compensation payable on account of injury occurring in the course of and arising out of general and special employments.
Pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, employees, and agents, harmless from any damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with any work performed or authority delegated to such party under this Agreement. No party, nor any officer, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, employees or agents, under or in connection with any work performed or authority delegated to such other parties under this Agreement.
ASSIGNMENT, DELEGATION, AND SUBCONTRACTING.
A Party shall not assign its rights and/or subcontract, or otherwise delegate, its duties under this Agreement, either in whole or in part, without the prior written consent of the other Party, and any attempted assignment or delegation without such consent shall be null and void.
INTEGRATED DOCUMENT.
This Agreement represents the entire agreement between City and Agency. No other understanding, agreements, or conversations with any representative of either Party prior to execution of this Agreement shall affect or modify any of the terms or obligations of this Agreement. Any verbal agreement shall be considered unofficial information and is not binding upon either Party.
SEVERABILITY AND WAIVER.
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect. Agency agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
NOTICES.
All notices to the Parties shall, unless otherwise requested in writing, be sent to City as follows:
City of Santa Clara Attn: Chief of Police 601 El Camino Real Santa Clara, CA 95050 or by email at [email protected]
And to Agency addressed as follows: City of Milpitas
Attn:
If notice is sent via email, a signed, hard copy of the material shall also be mailed. The workday the email was sent shall control the date notice was deemed given. An email transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following Monday.
LAW GOVERNING CONTRACT AND VENUE.
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara. [Signatures on next page.]
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.
CITY OF SANTA CLARA, CALIFORNIA,
a chartered California municipal corporation
APPROVED AS TO FORM:
GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
1500 Warburton Avenue Santa Clara, CA 95050 Telephone: (408) 615-2210 Fax: (408) 241-6771
“CITY”
CITY OF MILPITAS
APPROVED AS TO FORM:
MICHAEL MUTALIPASSI
City Attorney
City Manager
“AGENCY”
MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT
by and between the
THE CITY OF SANTA CLARA,
and
CITY OF MILPITAS
EXHIBIT A
[Insert Rates]
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