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HomeMy WebLinkAboutAgr 2006-07-06 (Marin County) M\:; ~u \)\~~., .~ J\ ~ AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this b th day of '(f l.v , 2006, by and between the COUNTY OF MARIN (Tax 1.0. Number 94-6000519), a political su division of the State of California (hereinafter referred to as "COUNTY") acting by and through its Sheriff's Office and the Town of Tiburon for its Police Department (hereinafter referred to as "AGENCY"). . WITNESSETH: In consideration of the mutual promises set out below AGENCY and COUNTY agree as follows: 1. The Services to be performed; the schedule for provision of said Services; the compensation for said Services; and the schedule for payment of said compensation shall all be set forth in Exhibits A and B. 2. DESIGNATED REPRESENTATIVES. Sheriff Robert T. Doyle is the representative of the COUNTY and will administer this Agreement for the COUNTY. Town Manager Alex Mcintyre is the authorized representative for the AGENCY. Changes in designated representatives shall occur only by advance written notice to the other party. 3. reference: EXHIBITS. The following Exhibits are attached hereto and incorporated herein by Exhibit "A" - General Terms and Conditions Exhibit "B" - Financial Terms and Conditions IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day here first above written. "COUNTY" "AGENCY" TOWN OF TIBURON By: ~o~ J-- Steve Kinsey, President Pro-Tern Marin County Board of Supervisors By: .~OC.... ~~ Approved to form by Marin County Counsel: Approved to form by Tiburon Town Attorney: ~~~ Q I/'_ /.. I-/.~.l ~ . / .. ~ j MARIN COUNTY SHERIFF'S OFFICE 3501 Civic Center Drive, Room 145, San Rafael, CA 94903 ROBERTT DOYLE Sheriff DENNIS FINNEGAN Undersheriff September 12, 2006 Marin County Board of Supervisors 3501 Civic Center Drive San Rafael, CA 94903 SUBJECT: Agreements for professional services between the Cities of Belvedere, Larkspur, Mill Valley, Sausalito and Towns of Corte Madera, Ross and Fire Districts of Kentfield, Novato, Ross Valley, Southern Marin and Tiburon Fire for Police and Fire Dispatching and the County of Marin through its Sheriff's Office to provide remote access to the Computer Aided Dispatch system. Dear Supervisors: RECOMMENDATION: Approve the Agreements for Professional Services between the Cities of Belvedere, Larkspur, Mill Valley, Sausalito and Towns of Corte Madera and Ross and Fire Districts of Kentfield, Novato, Ross Valley, Southern Marin and Tiburon Fire for Police and Fire Dispatching and the County of Marin through its Sheriff's Office to provide remote access to the Computer Aided Dispatch system. SUMMARY: The Communications Division began providing fire dispatch services to local government in Marin County when the Novato Fire Protection Distict and the County of Marin entered into an agreement effective July 1, 1977. Over ensuing years, other special districts, cities and towns have entered into similar agreements. The agreements presented today for approval by the Board of Supervisors modernize the terms of these agreements, establish clearer policy oversight by the agencies involved in these agreements, and provide for performance measurements as required by national fire dispatching standards and practices. This package provides 9-1-1 call answering and radio dispatching for nine fire agencies and five police agencies (eleven separate local government entities) including: . City of Belvedere (Police only) . Town of Corte Madera (Fire only) . Kentfield Fire Protection District (Fire only) . City of Larkspur (Fire only) . City of Mill Valley (Police and Fire) . Novato Fire Protection District . Town of Ross (Police and Fire) . Ross Valley Fire Authority . City of Sausalito (Police Only) . Southern Marin Fire Protection District (including the City of Sausalito fire services) . Tiburon Fire Protection District "In Partnership with our Communities" www.marinsherifforg www.co.mann.ca.us AREA CODE 415 24-HOUR NUMBER 499-7233 FAX 507-4126 ADMINISTRATION 499-7250 CIVIL 499-7282 COMMUNICATION SERVICES 499-7243 EMERGENCY SERVICES 499-6584 INVESTIGATIONS 499-7265 JAIL 499-6655 MAJOR CRIMES TASK FORCE 884-4878 PATROL 499-7233 RECORDS 499-7284 WARRANTS 499-7297 . r t \\'\\ J FISCAL IMPACT: The County will charge the Cities of Belvedere, Larkspur, Mill Valley, Sausalito and Towns of Corte Madera, Ross and Fire Districts of Kentfield, Novato, Ross Valley, Southern Marin and Tiburon Fire for Police and Fire Dispatching for the actual costs for providing the service as described in Exhibit B of the Agreements. No impact on the General Fund. REVIEWED BY: [ ] Auditor Controller [ X] County Counsel [ ] Human Resources [ X ] N/ A [ ] N/ A [ X] N/A ~.eC~U.IIY fjit~.d" . ' .~. ~(~ - if. DOYLE, " SHERIFF EXHIBIT NO. I I EXHIBIT - A GENERAL TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE TOWN OF TIBURON REGARDING TH E DELIVERY OF POLICE COMMUNICATIONS SERVICES The Tiburon Town Council ("AGENCY" hereafter) and the Marin County Board of Supervisors ("COUNTY" hereafter) have entered into a contract for the delivery of police communications services by the Marin County Sheriff's Office Communications Division ("MARIN COMM" hereafter). This exhibit to the contract fully describes the general terms and conditions agreed to by the COUNTY and the AGENCY. EXHIBIT - B describes the financial terms and conditions of the agreement. Through this agreement, MARIN COMM will provide normal and customary services related to the performance of public safety communications dispatching services, including, but not limited to emergency and routine calls for service telephone answering services, radio communications and computer data entry related to said services. These services are more expressly described in the following sections. I. TELEPHONE SERVICES. A. Emerqency Telephones. MARIN COMM will receive and process all emergency telephone calls, including those received on 9-1-1 telephone lines and on published seven digit emergency telephone lines intended for AGENCY. All requests for response will be received and processed by MARIN COMM for police emergency and urgent incidents occurring within the AGENCY jurisdiction. B. 9-1-1. The selective routing codes affecting the AGENCY will directly connect 9-1-1 callers to MARIN COMM. C. Alternate Emerqency Line. MARIN COMM maintains a seven-digit emergency telephone line to be used as an alternate for 9-1-1. This line (415-472-0911) may be published by the AGENCY as an alternate emergency telephone number. II. COMPUTER AIDED DISPATCH SYSTEM (CAD) AND COMPUTER SERVICES A. CAD Overview. MARIN COMM operates a CAD system for maintaining unit and incident status and other services such as queries into law enforcement databases, interfaces to ancillary systems, etc. B. Unit Status Function. MARIN COMM will maintain accurate status of all available AGENCY police units that are available for dispatch to service requests and emergency incidents. AGENCY will provide MARIN COMM with unit status changes as they occur. MARIN COMM maintains a unit history report for all police units on-line for thirty days. Additional unit history reports can be provided from the back up tapes or through the CompuDyne RMS. Simple requests, such as those that can be done in a few minutes are available at no cost to AGENCY, however, as described in EXHIBIT - B, AGENCY will be charged for more time consuming requests falling outside the scope of this agreement. 1. Radio Procedures. AGENCY agrees to utilize radio procedures that conform to the CAD procedures and to operate under the general guidelines of the Marin County Police Chiefs' Association and the Marin Emergency Radio Authority. 2. Police Unit Availability. AGENCY will notify MARIN COMM of the availability of patrol officers and key personnel such as the duty commander or investigators. MARIN COMM will maintain the current unit availability status in CAD and will notify the officer-in-charge of any coverage problems in AGENCY jurisdiction. Page - ] EXHIBIT A -- General Terms and Conditions for Communications Services C. Incident Status. MARIN COMM will electronically record all calls for service in the CAD system. D. Incident Numberinq. MARIN COMM will electronically record an "Agency Number" for all incidents within AGENCY jurisdiction or when AGENCY units respond to calls outside of their jurisdiction. The number is sequential, reset annually at 00:00 on January 1 each new year. E. Case Numberinq. MARIN COMM will electronically record a "Case Number" for all predetermined CAD call types or on request by a police officer. The number is sequential, reset annually at 00:00 on January 1 each new year. F. Additional CAD services. MARIN COMM will assist AGENCY in implementing additional CAD services if desired. All costs for these additional services will be borne by AGENCY, or the costs will be shared prorate by all entities benefiting from the enhancement. Options include, but are not limited to: 1. Providing access to the CAD system from workstations at AGENCY office to access unit status and incident information. 2. Providing access to the CAD from mobile computer terminals in the AGENCY vehicles, including access to a mobile mapping system when it is available. 3. Providing Automatic Vehicle Location and Automatic Response and Route Recommendation system when it is available. G. Geofile. MARIN COMM maintains a Graphical Information System (GIS) based geofile in the CAD system that is integral to the response recommendation system. AGENCY agrees to provide quality checking and quality assurance for streets, addresses, common places and other GIS data points within their jurisdiction. If AGENCY desires any significant changes to the geofile after the initiation of this agreement, they will be charged the actual cost of the change. Any change(s) which takes more than one hour to perform by a MARIN COMM employee off-the-console will be charged back to the AGENCY as described in EXHIBIT - B. For example, if the police department makes a major change in their station boundaries, AGENCY will be charged for the actual time and materials for the effort to implement the changes. H. Police Related Data Systems. 1. MARIN COMM will provide queries for police officers in the field into the Sheriffs Records Management System (RMS), the County Justice System (E-JUS), the California Department of Motor Vehicles system, the California Law Enforcement Telecommunications System (CLETS), the FBI's National_ Crime Information Center (NCIC), and other similar systems. 2. MARIN COMM will notify the requesting officer of the results of the query and, when directed by the officer, contact the originating agency to verify the status of any "hits" in the various systems. 3. AGENCY is responsible for entering data related to wanted persons, property, articles, vehicles, restraining orders, and other similar items into CLETS and NCIC unless AGENCY will not have clerical employees available to perform that duty within four hours, in which case, MARIN COMM will enter the data into the respective systems. 4. MARIN COMM will enter basic information into the Missing and Unidentified Persons System (MUPS) without delay; AGENCY must compare the MUPS entry to the police report and AGENCY must make appropriate modifications to the entry. If AGENCY will not have clerical employees available to perform that duty within four hours, MARIN COMM will make the modifications to MUPS requested by AGENCY. Page - 2 EXHIBIT A -- Genera! Terms and Conditions for Communications Services 5. AGENCY is responsible for modifications to entries and modifications as a result of DOJ or FBI audits unless the change is time sensitive and AGENCY will not have clerical employees available to perform that duty within four hours. III. OPERATIONAL ISSUES A. Policies and Procedures. AGENCY is responsible for establishing their policies, practices and procedures on .dispatching services in conjunction with the MARIN COMM. MARIN COMM and AGENCY will follow said policies, practices and procedures in the performance of dispatch service pursuant to this Agreement. Where possible, AGENCY will make align their communications dispatch policies and procedures with the other agencies dispatched by MARIN COMM. In all cases, the policies and procedures will not conflict with those published by the Marin County Police Chiefs' Association or the Marin Emergency Radio Authority. B. Police and Fire Dispatch Steerinq Committee. A committee comprised of chief executives or their personal designees will meet biennially with Sheriff's Office administrators and Communications Division managers to review performance issues and consider and recommend service fee adjustments to adopt or implement changes in operating procedures or information technology enhancements. The Sheriff's Office. Administration and Support Services Bureau commander chairs this committee. C. Police Dispatch User's GrouP. The Police Dispatch User's Group is established to provide a common forum for all police agencies that contract with the COUNTY for services. It meets bimonthly at locations announced in advance of the meeting. AGENCY agrees to provide representation at each meeting. Committee chair is rotated annually in the month of January among the participating police agencies. D. Conflict Resolution. MARIN COMM provides a Supervising Communications Dispatcher on each shift to provide oversight of operational activity and personnel supervision. Supervisory or command personnel from AGENCY should attempt to resolve problems by contacting the MARIN COMM shift supervisor as soon as possible. Unresolved or repetitive problems should be referred to the Assistant Communications Dispatch Manager assigned as the Contract Services Liaison. Serious problems occurring after- hours should be referred to a Communications Dispatch Manager by pager or telephone. AGENCY may document a problem by addressing an email message to Com mManaqer@co.marin.ca.us. E. Disaster Operations: Interaction with EmerqencV Operations Centers. MARIN COMM will be the primary point for dispatching day to day emergencies. In the event AGENCY emergency operations center is activated, there will be a need to modify how incidents are handled, especially for a large-scale event which has truly exhausted local resources. The details of the interaction between MARIN COMM and AGENCY emerg.ency operations center will be developed as a component of the policies, practices, and procedures as referenced herein. F. Special Events. AGENCY may request COUNTY to provide extra support for a special event held within AGENCY'S jurisdiction, such as a fair or other community activity. Whenever possible, AGENCY should provide COUNTY with at least two weeks notice so that an overtime employee may be scheduled. In no case will extra personnel be assigned for a scheduled event with less than seventy two (72) hours notice. AGENCY'S authorized representative must provide express written request to COUNTY, and agree to assume all additional costs associated with assigning additional MARIN COMM personnel to the event, prior to COUNTY incurring extra personnel expenses. In cases where a special event affects more than one agency, the costs for the added services will be shared by all of the involved agencies through a special formula that will be reviewed and approved by the authorized representatives from each agency. Page - 3 EXHIBIT A -- General Terms and Conditions for Communications Services IV. OTHER GENERAL PROVISIONS A. COUNTY or AGENCY shall have the. right to terminate this Agreement at any time by giving notice in writing to the other party, one hundred eighty (180) calendar days prior to the date of such termination. On the date of termination, the COUNTY shall immediately cease rendering the services required by this Agreement, and the following shall apply: 1. AGENCY shall pay COUNTY at the termination of the Agreement any and all bills outstanding for the services rendered by the COUNTY to the date of termination pursuant to this Agreement. COUNTY shall furnish to .AGENCY such financial information as, in the judgment of the AGENCY, is necessary to determine the amount due for the services rendered by COUNTY. The foregoing is cumulative and does not affect any right or remedy which AGENCY or COUNTY may have in law or equity. 2. COUNTY may terminate its services under this Agreement upon one hundred and twenty (120) calendar days written notice to the AGENCY, without liability for damages, if COUNTY is not compensated according to the provisions of the Agreement or upon any other material breach of the Agreement by AGENCY, provided that COUNTY has first provided AGENCY with a written notice of any alleged breach, specifying the nature of the alleged breach and providing not less than twenty (20) working days within which time the AGENCY may cure the alleged breach. 3. AGENCY may terminate its services under this Agreement upon one hundred and twenty (120) calendar days advance written notice to the COUNTY, upon any material breach of the Agreement by COUNTY, provided that AGENCY has first provided COUNTY with a written notice of any alleged breach, specifying the nature of the alleged breach and providing not less than twenty (20) working days within which time the COUNTY may cure the alleged breach. B. This Agreement, together with its specific references, exhibits and attachments, constitutes all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the parties hereto. C. No substantial modification or waiver of any provisions of this Agreement or its attachments shall be effective unless such waiver or modification shall be in writing, signed by all parties, and then shall be effective only for the period and on the condition, and for the specific instance for which given. Minor modifications to this agreement may be made between both parties if agreed upon in writing, signed by the AGENCY chief executive and the Sheriff or their authorized representatives. D. If any term, covenant, condition or provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provision and/or provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. E. This Agreement may be executed simultaneously and in several counterparts, each of, which shall be deemed an original, but which together shall constitute one and the same instrument. F. Prior to initiating any litigation arising out of this agreement, the parties shall meet and confer in good a faith effort to resolve the issues in dispute. In any action at law or in equity, including an action for declaratory relief, brought to enforce or interpret provisions of this Agreement, each party shall bear its own costs, including attorney's fees. G. Unless otherwise expressly waived in writing by the parties hereto, any action brought to enforce any of the provisions hereof or for declaratory relief hereafter shall be filed and remain in a Court of competent jurisdiction in the County of Marin, State of California. The laws of the State of California shall govern this Agreement and all matters relating to it Page - 4 EXHIBIT A -- General Terms and Conditions for. Communications Services H. Each individual executing this Agreement on behalf of their public agency represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of the public agency in accordance with a duly adopted resolution or minute order of the Governing body of said public agency in accordance with the laws of the State of California. AGENCY shall deliver to the COUNTY a certified copy of a resolution or minute order of the AGENCY governing body authorizing and ratifying the execution of this agreement. The COUNTY shall within thirty (30) days of the receipt of the AGENCY governing body resolution or minute order deliver to AGENCY a certified copy of a resolution of the Board of Supervisors authorizing or ratifying the execution of this Agreement. I. All notices and demands of any kind which either party may require or desire to serve on the other in connection with this Agreement must be served in writing either by personal service or by registered or certified mail, return receipt requested, and shall be deposited in the United States Mail with postage thereon fully prepaid, and addressed to the party to be served as follows: . If to COUNTY: Board of Supervisors, County of Marin Civic Center, Room 315 3501 Civic Center Drive San Rafael, CA 94903 and to: Sheriff, County of Marin Civic Center, Room 145 3501 Civic Center Drive San Rafael, CA 94903 If to AGENCY: Alex Mcintyre, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 And to: Tiburon Police Department Attn: Matthew Odetto, Chief 1155 Tiburon Boulevard Tiburon, CA 94920 Each party shall provide the other with telephone and written notice of any change of address as soon as practicable. Notices given by personal delivery shall be effective immediately. J. Indemnification 1. The AGENCY agrees to defend, indemnify, hold harmless and release the COUNTY, its Board of Supervisors, and the officers, agents, and employees of the COUNTY, from and against any and all actions, claims, damages, disabilities, or expenses that may be asserted by any person or entity including AGENCY, arising out of or in connection with the activities of AGENCY, its governing body, the officers, agents, and employees of AGENCY pursuant to this Agreement whether or not there is concurrent negligence on the part of the COUNTY but excluding liability due to the sole active negligence or sole willful misconduct of the COUNTY. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or Page - 5 EXHIBIT' A -- Generai ierms and Conditions for Communications Services for the AGENCY or its agents under workers' compensation acts, disability benefits act, or other employee benefit acts. 2. The COUNTY agrees to defend, indemnify, hold harmless, and release the AGENCY, its governing body, and the officers, agents, and employees of the AGENCY, from and against any and all actions, claims, damages, disabilities, or expenses that may be asserted by any person or entity including the COUNTY, arising out of or in connection with the activities of the COUNTY, its Board of Supervisors, the officers, agents, and employees of the COUNTY pursuant to this Agreement wheth~r or not there is concurrent negligence on the part of the AGENCY but excluding liability due to the sole active negligence or sole willful misconduct of the AGENCY. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable tos or for the COUNTY or its agents under workers' compensation acts, disability benefits acts, or other employee benefit acts. K. RESPONSIBLE PARTIES fM . A. Countv 0 ann Robert T. Dovle Sheriff Department head 499-7250 507-4126 sheriffdovlet1 j)co.marin.ca.us Dennis Finneqan Undersheriff Assistant dept. head 499-7250 507-4126 dfinneaanlCi co.marin,ca.us Mike Ridqway Captain Bureau Commander 499-6380 507-4126 mridawavrcL cO.marin.ca.us Bill McMurray Communications Manaqer Proiect Manaqer 499-7244 499-3636 bmcmurravfa5Co.marin, ca .us Lauri Geissler Asst. Manaqer, Personnel Personnel/Training 507-4123 499-3636 Iweston(cijco.marin .ca. us Rich Brothers Asst. Manaqer, Operations CAD / Operations 499-7410 499-3636 rbrothersfa5co. marin. ca. us B. Town of Tiburon Matthew Odetto cLtiburon.ca.us Dave Hutton cLtiburon.ca.us Page - 6 'l,j" '-.) ~~ \- (j \.J,-~ Page 1 of2 Matthew Odetto c;,.c:.../\.,. V\ c...~/Y'" ~~)~~ From: McMurray, Bill [BMcMurray@co.marin.ca.us] Sent: Tuesday, April 25, 20062:40 PM To: jwickham@cityofmillvalley.org; Matthew Odetto; Mark Campbell (E-mail) (E-mail); Barry Heying; DMacQuarrie@ci.sausalito.ca.us Subject: Missing element... Jim Wickham noticed that Section I of Exhibit A was missing an entire section. It was an unintentional omission. I am proposing the following change in Exhibit A to repair the damage... I. TELEPHONE SERVICES. A. Telephone Call Handlinq. All requests for response will be received and processed by MARIN COMM for police emergency and urgent incidents occurring within AGENCY jurisdiction. B. 9-1-1. The selective routing codes affecting AGENCY will connect 9-1-1 callers to MARIN COMM after they .have first been received by the primary 9-1.;.1 Public Safety Answering Point for AGENCY jurisdiction. C. Alternate Emergenc~ Telephones. MARIN COMM will receive and process all emergency telephone calls, including those received on 9-1-1 telephone lines and on published 10-digit AGENCY emergency telephone lines. AGENCY will call-forward their 10-digit emergency telephone lines to a County. Centrex line (415-446-4413). This number automatically rolls over to additional lines when it is busy (415-446-4414 through 4416). The AGENCY emergency numbers are listed below: · Mill Valley - · Sausalito -- Tiburon -- · Belvedere -- 389-4170 289-4141 435-7360 435-2611 D. Alternate Teleghone Line. MARIN COMM maintains a seven-digit emergency telephone line to be used as an alternate for 9-1-1. This line (415-472-0911) may be published by AGENCY as an alternate emergency telephone number. E. Police and Fire Degartment business teleghones. MARIN COMM will receive police and fire business telephone calls only during hours when they do not have personnel in their office to answer these lines. Non-emergency calls will initially ring at the police or fire department administrative offices. If personnel at the police department are not available to answer the call, it will forward to MARIN COMM after four rings. The dispatcher will screen the call. If it requires immediate action, a message will be routed to the appropriate on-duty police officer. Otherwise the caller will be forwarded to an automated attendant or voice mail system maintained by the city or town. Administrative calls misdirected to the dispatch telephone lines will be handled by a MARIN COMfv1 dispatcher whenever possible, however emergencies take preeminence over administrative calls. 1. The Police Department may call forward their business line to MCC on weekdays between 5:00 p.m. and 9:00 a.m. and at all times on weekends or holidays. a) Mill Valley PO business lines will be call-forward to 415-446-4526. b) Sausalito PO business lines will call-forward to 415-446-4529. c) Tiburon PO business lines will call-forward to 415-446-4527. d) Belvedere PO business lines will call-forward to 415-446-4528. e) These lines will not have a rollover scheme to another line. If the line is busy, the next caller will be call forwarded to a voicemail message for the respective police department The message will direct the caller to dial 9-1-1 for an 4/25/2006 Page 2 of2 emergency or the police department alternate emergency line to reach the dispatcher. It is recommended that the caller have the option of pressing "0" to be directly connected to the alternate emergency line. f) MARIN COMM will answer these lines as follows: "Police Department" 2. The Fire Department will call forward their business line to MCC between 10 p. m. and 7 a. m. or when they will be away from the fire station for an extended period. a) Mill Valley business lines will call-forward to 415-446-4526 b) MARIN COMM will answer this line as follows: "Fire Department." 3. The City will reimburse MARl N COMM for the costs associated with the lines that specifically serve their police and fire departments. 4. If the business call volume negatively impacts the dispatch operation, the police department agrees to find alternative methods for handling business telephone calls. Email Disclaimer: http://www.co.marin.ca.us/nav/misc/EmaiIDisclaimer.cfm No virus found in this incoming message. Checked by A VG Free Edition. Version: 7.1.385/ Virus Database: 268.4.6/323 - Release Date: 4/24/2006 4/25/2006 EXHIBIT - B FINANCIAL TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE TOWN OF TIBURN REGARDING THE DELIVERY OF COMMUNICATIONS SERVICES The Town of Tiburon ("AGENCY" hereafter) and the Marin County Board of Supervisors ("COUNTY" hereafter) have entered into a contract for the delivery of public safety communications by the Marin County Sheriff's Department's Communications Division (Marin County Communications, "MARIN COMM" hereafter). This exhibit to the contract fully describes the financial terms and conditions agreed to by the COUNTY and the AGENCY. A. Cost Recoverv Mandate. COUNTY is required by policy to recover costs for providing services to other local government agencies. This Exhibit describes how COUNTY determines its costs for providing police and/or fire communications services. B. Determination of Cost of Services. 1. COUNTY provides several types of contracts to local government agencies, including emergency telephone answering and dispatching services,as well as providing local agencies with access to the CAD system for use by those agencies personnel. 2. COUNTY owns, operates and .maintains a Computer Aided Dispatch (CAD) system for use by agencies directly dispatched by MARIN COMM as well as for use by other agencies that operate their own dispatch center. Using data from the CAD management information system (MIS), COUNTY has determined the amount of activity handled by MARIN COMM for AGENCY within their jurisdiction for a twenty four (24) month period (calendar years 2004 and 2005). This information is displayed in Appendix A, Section 2, in the columns labeled "24M CAD Activity". This activity is exclusive of any response to mutual aid request occurring outside AGENCY's jurisdictional boundary. 3. COUNTY will utilize formulas based on CAD activity to determine the allocation of costs for services rendered to AGENCY and others by MARIN COMM. The costs of these services will be incorporated into the annual charge to AGENCY by COUNTY for services described in Exhibit A. Appendix A of this Exhibit (B) contains the fiscal year 2006-2007 formulas and costs for AGENCY and others contracting for dispatching and/or CAD services 4. AGENCY will pay COUNTY for AGENCY'S percentage of the cost of the CAD Service Maintenance Agreement, plus a five (5) percent management fee as determined by the overall activity on the CAD system. Appendix A, Section 2, Column A displays the percentage of use of the CAD system for all entities operating from the CAD system. 5. In addition to the CAD Service Maintenance Agreement, the municipalities in Southern Marin will pay COUNTY for the full salary and benefit cost of six and one half (6.5) full- time Communications Dispatcher II employees, plus a five percent management fee. a) Appendix A, Section 1 displays the personnel costs for FY2006-07. b) Appendix A, Section 2, Column B displays the overall CAD activity for those four police departments, and identifies their respective percentage of use of the full time employees mentioned in this section, and their share of that cost. 6. In addition to the CAD Service Maintenance Agreement, entities contracting for fire dispatch service will pay COUNTY for the full salary and benefit cost of five (5) full-time Communications Dispatcher II employees, plus a five (5) percent management fee. a) Appendix A, Section 1 displays the personnel costs for FY2006-07. b) Appendix A, Section 2, Column C displays the overall CAD activity for fire departments and districts, and identifies their respective percentage of use of the full time employees mentioned in this section, and their share of that cost. Page - 1 EXHiBiT B - Financial Terms and Conditions for Communications Services c) COUNTY will amortize cost increases'that exceed ten (10) percent of AGENCY's FY 2005-2006 costs equally over the next three fiscal years, 2006-07, 2007-09 and 2008-09. The departments and districts affected by this amortization are listed in Appendix A, Section 2, "Agencies" column as indicated in the footnote on that page. d) For the city of Mill Valley, the total costs for services for the fire department and the police department are incorporated into their annual cost for dispatch serVice. e) For the city of Sausalito, the fire department costs are included into the separate agreement between COUNTY and the Southern Marin Fire Protection District for the term of their contract to provide fire and EMS service to the city of Sausalito. 7. Special Contract Services. COUNTY provides dispatch service to the Ross Police Department and the Point Reyes National Seashore law enforcement rangers incorporating their actfvities on the Sheriff's Office primary dispatch radio channels. Except for the impact on the CAD system and their respective share of the CAD Service Maintenance Agreement, the cost for service for these entities is not tied directly to prorating their share of the cost of any full time employee positions. Their costs will be adjusted by cost of living increases in future years. 8. CAD Enhancements. a) COUNTY will coordinate improvements and enhancements to the CAD periodically. b) If AGENCY or others benefit from the improvement or enhancement, they will share in the cost of these changes with other agencies that benefit by the change. For example, an enhancement that only benefits one agency will be paid for by that agency, but if the enhancement benefits all agencies, all will pay their share, based on the formula In Appendix A, Section 2, Column A. c) Depending on how agencies are benefited by an enhancement or change in the CAD, COUNTY may develop a special formula to pay for that particular change, such as fire departments only, or grouping of police departments. d) In no circumstance will COUNTY allow improvements or enhancements to the CAD that will be paid for by AGENCY or others without the express written consent of AGENCY'S authorized representative. C. Administrative Fee. COUNTY assesses an annual five percent (5%) administration fee based on the total charge to AGENCY for dispatching service and/or CAD service. This fee is included in the "Cost" column in Appendix A, Section 2, Columns A, Band C. D. Start-Up Service Fee. In addition to the dispatching service and/or CAD service costs, COUNTY will charge a one-time start-up fee that equals twenty five (25) percentof the first year costs for agreements for new service established after 7/1/2006. Any agency contracting for dispatching service after that date will pay the one-time start-up fee, the full costs of new full time employees, if any, their projected share of the CAD Service Mainteance Agreement, as well as the five (5) percent management fee. E. Revisinq the Cost Sharinq Formula. By March 1,2009, COUNTY will prepare a new cost sharing formula that will be the basis of cost for AGENCY and others for the next three fiscal years. F. Special Events. AGENCY may request COUNTY to provide extra support for a special event held within AGENCY'S jurisdiction, such as a fair or other community activity. Whenever possible, AGENCY should provide COUNTY with at least two weeks notice so that an overtime employee may be scheduled. In no case will extra personnel be assigned for a scheduled event with less than seventy two (72) hours notice. AGENCY'S authorized representative must provide express written request to COUNTY, and agree to assume all additional costs associated with assigning additional MARIN COMM personnel to the event, prior to COUNTY incurring extra Page - 2 EXHIBIT B - Financial Terms and Conditions for Communications Services personnel expenses. In cases where a special event affects more than one agency, the costs for the added services will be shared by all of the involved agencies through a special formula that will be reviewed and approved by the authorized representatives from each agency. G. Special Circumstances. AGENCY may request COUNTY to perform services outside of the scope of this agreement, such as major changes to their response system, merging of departments affecting the response procedures, etc. COUNTY will issue an estimation of the cost for changes, in writing, to the designated agency representative. AGENCY must authorize the work to be performed on their behalf, and agree to reimuburse COUNTY for all costs associated with those changes in writing, before COUNTY will commence the effort. H. BillinQ. COUNTY shall submit requests for payment on a quarterly basis. The payment requests will be submitted no later than the tenth (10Ih) of the quarterly month following provision of services. Payment is due upon receipt of the invoice. Page - 3 EXHIBIT B - Financial Terms and Conditions for Communications Services APPENDIX A AGENCIES SERVED AND COST FOR SERVICES SECTION 1 - PERSONNEL Communications Dispatcher II (five positions; full salary and benefits as of January 2006) $78,855 SECTION 2 -AGENCY COSTS (Excel spread sheet Marin CAD Activity 24M-v2.1) COLUMN COLUMN COLUMN COLUMN -B- -C- -0- -E- South Fire Special Marin Dispatch Contract FY2006-07 Police Service 24M Pctg Cost CAD pctg Cost Cost INVOICE Activit 100% $538,185 100% $413,98 $32,219 $980,206 5.87% $31,606 $32,535 6.49% $26,848 $27,170 5.09% $21.078 $19,546 8.18% $33,858 $31,10.6 $0 10.72% $44.359 $32,530 41.99% $225,993 $232,637 34.17% $141.476 $117,726 $19,879 $10,000 $10,000 1.80% $7.472 $6,62 $22,219 $23,473 12.26% $50.743 $47,775 6.03% $24,983 $25,283 29.75% $160,099 $164,806 2,891 8.74% $36.186 $36,620 2,156 6.52% $26,986 $27,310 22.39% $120.488 $124,031 $1,15 1 Fire agencies cost increase is amortized over three fiscal years starting with 2006-07. 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