HomeMy WebLinkAboutAgr 1993-05-15 (Town, Sausalito, Mill Valley, Belvedere)10,
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JOINT POWERS AGREEMENT FOR COMMUNICATION SERVICES
This Agreement is made and entered into this 15th day of May , 19931
by and between the Town of Tiburon ("Tiburon" hereafter), the City of Sausalito ("Sausalito"
hereafter), the City of Mill Valley .("Mill Valley" hereafter), aid xhe City of Belvedere.
("Belvedere" hereafter) and is based upon the following facts:
(a) California Government Code Sections 6500 et seq. provide that two or more
public agencies, by agreement,. may, jointly exercise any power common to the
contracting parties.
(b) Each of the signatories hereto is a public agency authorized to engage in and
exercise the powers set forth in paragraph 1, below.
(c) It is to the mutual benefit and in the best public interest of the parties hereto to
provide the services set forth in paragraph 1, below, through their joint efforts.
NOW THEREFORE it is hereby agreed by and be
tween the parties hereto as follows:
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a:
1.
Pursuant to California Govermneat Code Sections 6500 et seq. the parties hereto hereby
agree to jointly exercise the following powers pursuant to the terms of this Agreement:
(a) To provide dispatch and communications for police, fire and other governmental
functions;
(b) To provide a 9-1-1 public safety answering point;
(c) To provide and install equipment, service, engineer, maintain and repair systems,
radio base, voters and transmitters;
2. The parties hereto do hereby authorize the City of Mill Valley to operate, maintain and
manage a communications center and otherwise to exercise on behalf of all of the-parties
hereto the powers set forth in paragraph 1 above.
3. This Agreement shall be administered by a committee composed of the chief law
enforcement officer of each of the parties hereto, or his/her designee.
(a) A quorum of the committee shall consist of members representing at least a
majority of the parties hereto, except that less than a quorum may adjourn a
meeting of the committee.
(b) At its first meeting the committee shall elect a chairperson and a vice chairperson.
At said meeting, or at a subsequent meeting, the committee shall adopt by-laws
including, but not limited to, provisions for the calling and conduct of meetings
and for the casting of votes.
(c) Within six months after the date of this Agreement the committee shall prepare,
or cause to be prepared, a "Plan of Operation" which shall include, but shall not
be limited to, the following:
(i) Provisions for initial contributions by the member agencies of equipment,
property and funds necessary for ''he-performance' of this Agreement.
(ii) Provisions for the adoption of an ann-aal budget and for defraying the
expenses provided for in the budget. Budget procedures shall require the _
approval of the annual budget by the governing board of each party to this
Agreement.
The Plan of Operation, or any amendment thereto, shall be subject to approval by
the governing board of each party to this Agreement.
(d) The committee shall be responsible for the adoption of general policies.to be
executed by Mill Valley in the performance of this Agreement. Provided, however,
that Mill Valley shall have full responsibility for the hiring, disciplining and
termination of all employees necessary for the execution of this Agreement and
shall otherwise have full authority to exercise, on behalf of the parties, the powers
set forth in paragraph 1 hereof, within policy, guidelines established by the
Committee.
4. The Finance Director of Mill Valley shall serve as the depository for all funds, from
whatever source, received for the performance of the Agreement. Mill Valley shall be
strictly accountable to the parties hereto for all funds received by Mill Valley and shall
render reports of all receipts and disbursements as required by the Plan of Operation.
Pursuant to Government Code Section 6505.1, the Finance Director of Mill Valley shall
file an official bond in an amount to be fixed by the parties hereto.
5. The exercise of its powers hereunder shall be subject to the restrictions which legally
apply to the manner in which the City of Mill Valley may exercise its powers.
6. In the event that any party hereto is held liable upon any judgment for damages caused
by a negligent or wrongful act or omission occurring in the performance by the City of
Mill Valley of the powers set forth in paragraph 1 hereof, such liability shall be
apportioned among the parties hereto in direct proportion to their respective financial
contributions as contained in the annual budget last approved prior to the incident or event
giving rise to such liability. This paragraph shall not be deemed to impose upon any party
hereto any liability for damages caused by a negligent or wrongful act or omission of an
employee or agent of any other party unless such employee or agent is directly involved
in exercising the powers set forth in paragraph 1 hereof.
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7. Any dispute arising out of this Agreement shall be decided by neutral binding arbitration
and not by court action, except as provided by California law for judicial review of
arbitration proceedings. In the event of such.dispute, the parties hereto shall attempt, by
unanimous agreement, to select a neutral arbitrator., In the event of their-inability to reach
unanimous agreement oir•an arbitrator, such dispute shall be submitted to an arbitrator
selected by the presiding judge of the Marin County Superior Court. '
8. This Agreement shall become effective on the day and year first above written and shall
continue in force until the effective date of withdrawal. of any 'party. hereto.
9. Any party hereto, other than the City of Mill Valley, may withdraw, effective at the end
of any fiscal year, upon giving not less than one ydar's prior written notice to the
Committee. The City of Mill Valley may withdraw, effective at the end of any fiscal year,
upon giving not less than two years' prior written notice to the Committee. All of the
parties hereto shall continue to be financially responsible for their respective shares of any
obligations and liabilities incurred prior to the termination of this Agreement.
Should an event occur that requires the temporary relocation of the dispatch center for a
lengthy period of time, the parties hereto shall meet and determine the site of the
temporary location. ~ -`*W
10. Upon termination of this Agreement the disposition, division or distribution of any
property acquired by the Agency shall be governed by the Plan of Operation.
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11. Upon termination of this Agreement any surplus money in possession of the Agency
shall be returned to the parties in proportion to the contributions made by them.
12. Any other "public agency", as defined in Government Code Section 6500, which is
authorized by law to exercise the powers set forth in this Agreement may become a party
to this Agreement by becoming a signatory thereto on terms and conditions which the
parties hereto deem fair and equitable.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first
above written.
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TOWN OF TIBURON
ell,
P • Mayor
ATTEST:
Town Clerk
CITY OF SAUSALITO
Mayor '
ATTEST
Clerk
City
CITY OF MILL VALLEY
Mayor
ATTES
City Clerk
CITY OF BELVEDERE
I
KNOV
M or
A
City Clerk
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SOUTHERN MARIN COMMUNICATIONS
PLAN OF OPERATION
1. The' Southern Marin Communications (SMC) center located at the M1•11 Valley Public
Safety Building, 1 Hamitton Drive; Mill Valley, will serve the cities of Mill Valley'.
Sausalito, Belvedere and Town of Tiburon Police and the Sausalito and Mill Valley Fire
Departments.
2. The SMC shall be managed by an -oversight.committee composed of a representative from
each participating agency. Each member of the committee shall have one vote. Decisions
of the committee shall be by simple majority. The committee shall appoint one of its
members as the "committee administrator" who will' be responsible to coordinate
technical, budgetary, and personnel issues of the SMC operation.
3. The daily operation of SMC will fall under the supervision of the Chief of Police for the
City of Mill Valley or his/her designee. The Mill Valley supervisor will work closely with
other agency supervisors and the committee to , develop operational protocol and
• procedures and ensuring compliance with same. Collateral administration responsibilities
shall be the responsibilities of the Mill Valley Police Department.
4. Personnel issues including disciplinary action, evaluations, and salary step increases, shall
comply with the polices and procedures of the Mill Valley Police Department Rules and
Regulations and the Memorandum of Understanding between the City of Mill Valley and
• the bargaining unit representing the dispatchers. Hiring of employees pursuant to
paragraph 3(d) of the Joint Powers Agreement shall be from a list approved by the
Oversight Committee.
5. Current staffing levels of the SMC is eight (8) Public Safety Dispatchers and (1) part-time
Public Safety Dispatcher. Supplemental coverage for vacation, sick leave, etc., will be
provided through overtime and part-time dispatchers. Operational staffing levels shall be
f determined by the committee. At the outset of this program, a minimum of two (2)
S Gl dispatcherslbe on duty per shift. This minimum staffing shall not be changed without
allowing any party the right to immediately withdraw from this Agreement. Thereafter,
actual staffing levels shall be determined by the governing bodies each year as part of the
budget approval process.
6. Training requirements will be determined by the oversight committee. The objective is
to maintain the standards currently recommended by the Peace Officer Standards and
Training (P.O.S.T.) for Public Safety Dispatchers.
7. The Chiefs of each participating agency shall review at least annually with the oversight
committee all facets of the operation of the SMC. The Chiefs shall approve annual budget
proposals prior to submission to City Managers and Councils who shall have final budget
approval, per the Joint Powers Agreement.
8. Financial and Budget. The fiscal period of the SMC shall be the year beginning July 1
and ending June 30. For each fiscal year, capital and operating budgets shall be proposed
and adopted which are consistent with the: funding ability of the member jurisdictions:
• 9. Budget and Contributions. Capital, Improvement Project: The Committee members along
with technical advisors have determined that it v 111 be necessary to purchase and up-grade
existing radio equipment. This one-time cost wil4 not exceed $60,000 and will be
appropriated between Mill Valley, Sausalito and Tiburon/Belvedere equally. Any savings
from the total cost shall be rolled over to the following budgetary year reducirrg each
participating agency contribution.
10. The procedure for adopting budgets is as follows: An operating budget and a capital
budget shall be presented to the governing bodies on or before April 1st- of each year.
Upon adoption by each governing body, the budget shall become that of the SMC.
11. The contribution of each party to the operating budget shall be as follows: The first factor '
is the fixed cost for providing dispatch services regardless of the amount of usage. The
fixed cost factor will be applied toward the first 49.2% of the annual budget. The cost for
providing dispatch services is based upon Mill Valley's estimated value of $40,000 in
communication console and recording equipment. This cost shall be appropriated as
follows: Mill Valley 32%, Sausalito 34% and Tiburon/Belvedere 34% of the budget. This
formula will be amortized over four years. At the conclusion of four years, the cost for
providing dispatch services shall be appropriated as follows: 33.3% for Mill Valley,
Sausalito and Tiburon/Belvedere.
12. The second factor is based upon actual usage. "Actual Usage" is defined as the numbers
of calls for service for each of the three contributors (Mill Valley, Sausalito and
TiburonBelevedere). A "call for service" is defined as a call received for public safety
services and public safety action taken. The actual usage factor is based upon current
data provided to the city managers and includes Tiburon/Belvedere as one unit. The
remaining amount of the total cost or 50.8% shall be appropriated in thirds between Mill
Valley, Sausalito and Tiburon/Belvedere. Every three (3) years usage data shall be
reviewed and usage share payment will be adjusted accordingly. Each year during the
budget development process, the Oversight Committee shall review usage.
13. If, at the end of any fiscal year, there remains an unencumbered balance derived from
budget savings, such balance shall be credited to the member jurisdictions in the same
ratio as their contribution for that fiscal year, towards their following fiscal year
contribution.
14. Each party shall deposit its appropriated funds with the City of Mill Valley in quarterly
installments before the first day of each quarter, based upon quarterly billing by the
Finance Director of the City of Mill Valley. The quarterly billing shall represent
contribution for the communication services as outlined in the JPA.
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15. If a party is delinquent in paying the City of Mill Valley and City of Mill Valley
obligations cannot be met as a result thereof, the City of Mill Valley may borrow such
funds and the delinquent party shall be responsible for reimbursing to the City of Mill .
Valley for the delinquent amount plus finance charges and administrative expenses
incurred in order to obtain the loan." .
16. Transfer of Assets. The Town of Tiburon and City of Sausalito and City of Mill Valley
hereby transfers and conveys to the SMC the use of communications equipment assets to
execute this agreement. Any- purchases of. equipment or future replacement of current
assets owned by the ageticies and related to the operation of the SMC shall become the
property of the SMC at the time of such replacement. In the event that one or more
parties withdraws from the Agreement pursuant to paragraphs 8 & 9 of the Agreement,
assets purchased by SMC, or their cash value, shall be distributed among all the parties
prorata in accordance with the contributions of each party. The value of any assets shall
be determined according to a depreciation schedule established by the Oversight
Committee at the time of purchase of said equipment. Nothing in this agreement shall
preclude the formation of another agreement whereby. any exiting party or parties receives
a cash payment (or actual equipment) equal in value to the prorata share applicable at the
time the agreement is nullified by the withdrawal of any party.
17. Frequencies. Each party retains the ownership of its radio licenses, but shall make the use
of each such frequency available to SMC and each party for the purpose of carrying out
the provisions of this agreement.
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