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HomeMy WebLinkAboutAgr 2010-02-08 (Belvedere/County/Town)MC33Tr. nVE D MAR ' 1 2010 t t TOWN ATTORNEY'S OFFICE - - ^ OF BELVEDERE F TlBURON CITY Memorandum March 9, 2010 TO: Ann Danforth, Tiburon Town Attorney Margaret Curran, Tiburon Town Manager Patrick Faulkner, Marin County Counsel Robert T. Doyle, Sheriff FROM: Leslie Carpentiers, Deputy City Clerk & Assistant to the City Manager SUBJECT: Signature on Cost Sharing and Use Agreements for Automated License Plate Reader System Will you please sign the attached three copies of the agreement and pass them on to the next person on the list. Sheiff Doyle, if you will, please retain one fully executed copy, return one to me, and mail the third to Peggy Curran at Tiburon. Thank you! City of Belvedere • 450 San Rafael Ave. • Belvedere, CA 94920-2336 Phone 415.435.8908 9 Fax 415.435.0430 • lcarpentiers@cityofbelvedere.org COST SHARING AND USE AGREEMENT FOR AUTOMATED LICENSE PLATE READER SYSTEM THIS MEMORANDUM OF UNDERSTANDING made and entered into effective February 8, 2010, is between the TOWN OF TIBURON, a California municipal corporation ("Town"), the COUNTY OF MARIN, a political subdivision of the State of California ("County"), acting by and through the County sheriff, and the CITY OF BELVEDERE ("CITY"), a California municipal corporation. 1. RECITALS A. The Town, the City and the County recognize the need for interagency cooperation to provide the most efficient and effective public safety services. B. The Town, the City and the County have each determined that an Automated License Plate Reader System ("ALPRS") would be a useful investigatory tool in the identification, arrest and prosecution of individuals responsible for the commission of crimes in the Town, the City and certain unincorporated areas of the County on the Tiburon peninsula; and for the detection of vehicles associated with, or wanted in connection to crimes committed in other jurisdictions, entering the peninsula. C. The Town, the City and the County all concur that a single ALPRS would be sufficient and therefore have decided to develop an inter-jurisdictional agreement for the acquisition, maintenance and use of the system. AGREEMENT 1. THE ALPRS The Automated License Plate Reader System (ALPRS) is a non-portable, fixed system consisting of a camera, or cameras, and related equipment used to capture, record, transmit and store license plate and vehicle images/data recorded on public spaces for use in criminal investigations, searching data files for vehicles wanted or sought in connection with the commission of a serious crime including but not limited to stolen vehicles and Amber alerts, and notifying police of the presence of such vehicles. II. SYSTEM INSTALLATION A. The Town will install, maintain and operate the ALPRS as set forth herein. B. The City shall be responsible for payment of 25% of the net cost of system acquisition, construction and installation incurred by the Town. Net cost will be calculated by subtracting the contribution by the county from the total cost to the Town. Notwithstanding the foregoing, the City's costs shall not exceed $36,000 without prior Cost Sharing and Use Agreement Page 2 of 5 written approval of the City Manager. Town will submit a single invoice for said costs, which City shall pay within 30 days of receipt. . C. The County shall be responsible for payment of 10% of the total cost of system acquisition, construction and installation. Notwithstanding the foregoing, the County's costs shall not exceed $16,000 without prior written approval of the Sheriff. Town will submit a single invoice for said costs, which County shall pay within 30 days of receipt. D. The Town shall have sole discretion to award and execute contracts for ALPRS acquisition, construction, and installation in accordance with State law and Town ordinance. The Town Manager or her designee shall have sole discretion to determine the services, materials, and equipment necessary or appropriate for the proper installation of the system. The Town Manager or her designee shall also be responsible to apply for and obtain any required permits for the ALPRS. III. OPERATION AND MAINTENANCE A. The City Police Department and the County Sheriff's Department will have access to the system through the Tiburon Police Department in accordance with Tiburon Police Department Regulation 378, Automated License Plate Reader System Policy, established and approved by the Tiburon Town Council in its meeting of November 18, 2009, which is attached hereto and incorporated herein by reference ("ALPRS Policy"). Said access and will be identical to that of Town Police Department personnel and subject to the same restrictions. All access to and use of the ALPRS will conform to the ALPRS Policy or any successor or supplemental regulation adopted by the Town. B. The Town shall have the sole discretion to award and execute contracts for ALPRS maintenance, repair or replacement of the system or any of its components in accordance with State law and Town ordinance. The Town Manager or her designee shall have sole discretion to determine the services, materials, and equipment necessary or appropriate for the proper maintenance of the system. C. The City shall pay 25 percent (25 of the net cost to the Town for the operation, maintenance or repair of the system or infrastructure necessary for ALPRS operation. Net cost will be calculated by subtracting the contribution by the county from the total cost to the Town. Notwithstanding the foregoing, the City's costs under this paragraph shall not exceed $7,000 in the initial year of operation without prior written approval of the City Manager. Said maximum amount shall be increased after the first year of operation if necessary to reflect increases in the cost of warranty or maintenance agreements, utility costs and the replacement or repair of system equipment not covered by warranty. Within 30 days after the end of each fiscal year, Town will submit an invoice to City for City's share of costs, which City will pay within 30 days of receipt. Cost Sharing and Use Agreement Page 3 of 5 D. The County Sheriff's Department shall pay 10 percent (10 of total costs for the operation, maintenance or repair of the system or infrastructure necessary ALPRS operation. Notwithstanding the foregoing, the County's costs under this paragraph shall not exceed $3,000 in a single fiscal year without prior written approval of the Sheriff. Said maximum amount shall be increased after the first year of operation to reflect increases in the cost of warranty or maintenance agreements, utility costs and the replacement or repair of system equipment not covered by warranty. Within 30 days after the end of each fiscal year, Town will submit an invoice to County for County's share of costs, which County will pay within 30 days of receipt. IV. TERMINATION OF AGREEMENT A. Upon the effective date of this Agreement, all parties are obligated to pay the initial contribution for system acquisition, construction and installation as set forth in Section II. Thereafter, either City or County may withdraw from the agreement by providing the Town of Tiburon thirty days written notice. At the conclusion of the thirty day period, all further rights and obligations of the terminating party under this Agreement will terminate except obligations arising under Section V. B. The Town may terminate this Agreement upon 30 days written notice to the other parties. Notwithstanding the foregoing, if the Town terminates this Agreement before the system has been operational for at least one year, the Town shall refund any costs paid by City and County pursuant to Section II. V. RELATIONSHIP OF PARTIES; INDEMNITIES A. No party to this Agreement shall be considered the agent or employee or any other party. Each party shall be solely responsible for the alleged acts or omissions of their own agents, employees, contractors and representatives. B. This Agreement includes the following obligations regarding claims arising from this Agreement. 1. Pursuant to the authority granted under Section 895.4 of the California Government Code, each party (the "Indemnifying Party") shall indemnify, defend, and hold harmless the other parties, including the other parties' officers, directors, employees and agents (collectively, the "Indemnified Parties"), against any and all liability, demands, claims, costs, damages, and expenses, including reasonable attorney fees, (hereafter, "Losses") incurred by the Indemnified Parties, arising from or relating to any negligent or wrongful act or omission of the Indemnifying Party or its officers, agents or employees, or from any Losses arising from the Indemnifying Party's performance under this Agreement. Cost Sharing and Use Agreement Page 4 of 5 2. At their own cost and expense, the Indemnified Parties may participate in the defense of any action or lawsuit, or in the prosecution of any appeal of any judgment or ruling in any such action or lawsuit, where the duty of defense or prosecution is imposed on the Indemnifying Party. 3. The Parties shall have the right of contribution against each other in the event of any judgment of liability against any party arising from the performance of this Agreement. The amount of contribution for which any party shall be liable shall not exceed that party's proportional fault in the act or omission giving rise to the liability. VI. MISCELLANEOUS PROVISIONS A. Notwithstanding any other provision of this Agreement, Town does not warrant that the ALPRS will perform as advertised or expected. Section V.B shall not apply to any claim involving equipment malfunction and/or errors that may arise from the reasonable deployment of the ALRPS. The sole remedy for such a claim shall be against the equipment vendor and manufacturer. B. The laws of the State of California shall govern this Agreement. In the event a dispute arises under this Agreement, the County of Marin shall be the venue for resolution of said dispute. C. If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remaining portions shall not be affected unless the effect thereof would materially change the economic burden on either party. D. This Agreement shall be binding on the assigns and successors in interest to all parties. No party may assign their obligations under this Agreement without the written consent of the other parties. E. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. TOWN OF TIBURON i. Margaret rran Town Manager CITY OF BELVEDERE George . Ro eri City Man er Cost Sharing and Use Agreement Page 5 of 5 COUNTY OF MARIN Robert T. Doyle, Sheriff APPROVED AS TO FORM: Ann R. Da orth Town Attorney, Town of Tiburon Rbb Ekslein City Attorney, A f Belvedere Patrick Faulkner County Counsel, County of Marin Cost Sharing and Use Agreement Page 5 of 5 COUNTY OF MARI I -1 Ro e Doyle, Sheriff APPROVED AS TO FORM: Ann R. Danforth Town Attorney, Town of Tiburon / lzqx Rob ps in City Att ney, City of Belvedere ?)6.Lu Pt/f,7M Patrick Faulkner County Counsel, County of Marin