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HomeMy WebLinkAboutAgr 2013-06-10 (Town, City of Belvdere, Tiburon Fire Protection District)Agreement Between Town of Tiburon, City of Belvedere and the Tiburon Fire Protection District Regarding Funding of a TIBURON PENINSULA EMERGENCY ALERT SYSTEM This Agreement ( "Agreement ") is entered into by the Town of Tiburon (the "Town "), the Tiburon Fire Protection District (the "District "), and the City of Belvedere (the "City ") on this 10th day of June, 2013. Recitals 1. The Belvedere- Tiburon Joint Disaster Council has identified a need for a peninsula -wide early warning system that would not be entirely reliant on advanced communication technologies that might fail in an actual emergency. 2. The District has recommended the installation of a system entitled "Siren Notification Alerting Peninsula ( "SNAP" System) that would utilize warning sirens, community a.m. radio, public education, and disaster exercises. The SNAP System, including the location and description of the sirens to be installed, is set forth in Exhibit A. 3. The District estimates that the SNAP System will cost $200,000 ("Initial Estimated Cost "), of which the District already has expended $40,000. 4. The parties recognize that the SNAP System may not cover all portions of the Town and /or the City. 5. The parties have agreed to share the cost of the SNAP System as set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Town, the District, and the City agree as herein set forth: A14reement 1. Initial Payments. The parties shall share the Initial Estimated Cost of the SNAP System as follows: Party Percental4e Initial Contribution Town 52.5% $105,000 District 30% $60,000 City 17.5% $35,000 SNAP S'4 :s,n' ,. 'E F Nt)rN(m 2013 $7_i(;[,: I oi,.i The District shall receive a credit of $40,000 for the funds it already expended, thus the remaining balance of the District's Initial Contribution is $20,000. 2. Additional Costs. In the event that the SNAP System does not fully cover the area under the Town's and /or the City's jurisdiction, the parties will cooperate to expand the system as the Town and the City, in their joint reasonable discretion, deem necessary to provide an adequate early warning system for the Town and the City. The parties will share all costs of said expansion in the same proportions as they shared the Initial Estimated Cost, the Town paying 52.5 %, the District paying 30% and the City paying 17.5 %. 3. Proiect Management. Within 15 days of the date of this Agreement, the Town and the City will pay one -half of their Initial Contributions to the District. The District will be responsible for installing and completing the SNAP System in conformance with State and local laws, including, without limitation, letting, and administering contracts. The Town and the City will pay the outstanding one -half of their Initial Contributions to the District after the SNAP System has been completed and found to operate satisfactorily within the manufacturer's specifications. 4. Miscellaneous A. The laws of the State of California shall govern the interpretation, validity, and enforcement of this Agreement. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Marin. B. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorneys' fees, costs, and expenses incurred. C. This Agreement constitutes the entire Agreement and understanding among the Parties and may not be modified orally or in any manner other than by an agreement in writing signed by all Parties. D. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Town, the District, and the City. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. TOWN OF TIBURON Emmett O'Donnell Mayor Dated: SIGNATURES CONTINUED ON NEXT PAGE SNAP SYSTEM F't'xi)[ ; 2013 2 o[., 3 SIGNATURES CONTINUED FROM PREVIOUS PAGE TIB RON FIRE P OTECTION DISTRICT Dated: Name: Title: CITY OF BELVEDERE Sandra D. Donnell Mayor APPROVED AS TO FORM: Dated: June 10, 2013 By_ Rob, City 511 Dated: June 10, 2013 SNAP S) s'rt'm Fu�mNxc 2013 Rkw-' 3 oi; 3 To: From: Subject: Reviewed By: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Manager Police Department Town Council Meeting June 5, 2013 Agenda Item: C 3 Recommendation to Approve Funding Agreement and Budget Amendment for a Peninsula Emergency Alert Siren System BACKGROUND The use of sirens as a means of notifying peninsula residents of an impending disaster has long been the subject of meetings of the Belvedere - Tiburon Joint Disaster Advisory Council (BTJDAC). In the event of a disaster, or impending disaster, the sirens would alert people on the peninsula to tune their radios to 840 AM, also known as SNAP (Siren Notification Alerting Peninsula), for specific information. On February 20 of this year the Town Council heard a presentation from the Tiburon Fire Protection District on the siren concept, including a shared funding approach between the Town, the City of Belvedere and the District. The Town Council endorsed the general concept and appointed a Town Council committee, Mayor O'Donnell and Councilmember Frazer, to work with staff to resolve outstanding details and return with a recommendation. The committee met with representatives of Belvedere and the Fire District, and have worked out the attached agreement. Belvedere has already approved the funding and is scheduled to approve the attached agreement at its June meeting. ANALYSIS A computer model study by the Tiburon Fire Protection District determined that four 130 - decibel sirens, coupled with two existing sirens, would be audible over 90% of the peninsula. Actual coverage will not be known until the sirens are in place and tested. Additional sirens and further expense may be required to address any coverage gaps. The proposed siren locations are: Fire Station #11 Tiburon Corporation Yard a Del Mar Middle School Bel Aire School Town Council Meeting June 5, 2013 A siren previously purchased by the fire district would be installed to Station 10. That siren, in combination with an existing siren at 3700 Paradise Drive, would cover most of the Paradise Drive areas. The sirens are solar powered with battery back -up and may be remotely activated by cell phone or computer. They are of a type in use by other Marin agencies and have proved reliable and durable. It is anticipated that the sirens could be installed and operational within thirty days of an order being placed. An agreement between the Town of Tiburon, the City of Belvedere and the Tiburon Fire Protection District has been prepared (Exhibit 1) that specifies the formula for cost sharing, an approach to cover additional costs should they be necessary, and project management. Once installed, it will be important to undertake an educational campaign to ensure residents know to turn to SNAP radio when the sirens are activated. FINANCIAL IMPACT Project cost is estimated at $200,000. Costs will be shared by the Town of Tiburon ($105,000), the City of Belvedere ($35,000) and the Tiburon Fire Protection District ($60,000). RECOMMENDATION It is recommended that the Town Council: 1. Authorize the Mayor to execute the agreement (Exhibit 1) on behalf of the Town of Tiburon. 2. Amend the 2012 -2013 Fiscal Year budget to authorize the expenditure of an additional $105,000 from the unallocated fund reserve. Exhibits: Agreement between Town of Tiburon, City of Belvedere and the Tiburon Fire Protection District Regarding Funding of a Tiburon Peninsula Emergency Alert System. Prepared By: Michael Cronin, Chief of Police Peggy Curran, Town Manager 'N OFTIBURON Page 2 of 2 Agreement between Town of Tiburon, City of Belvedere and the Tiburon Fire Protection District Regarding Funding of a Tiburon Peninsula Emergency Alert System This Agreement ( "Agreement ") is entered into by the Town of Tiburon (the "Town" ), the Tiburon Fire Protection District (the "District'), and the City of Belvedere (the "City ") on this day of 2013. Recitals 1. The Belvedere - Tiburon Joint Disaster Council has identified a need for a peninsula -wide early warning system that would not be entirely reliant on advanced communication technologies that might fail in an actual emergency. 2. The District has recommended the installation of a system entitled "Siren Notification Alerting Peninsula ( "SNAP" System) that would utilize warning sirens, community a.m. radio, public education, and disaster exercises. The SNAP System, including the location and description of the sirens to be installed, is set forth in Exhibit A. 3. The District estimates that the SNAP System will cost $200,000 ( "Initial Estimated Cost'), of which the District already has expended $40,000. 4. The parties recognize that the SNAP System may not cover all portions of the Town and/or the City. 5. The parties have agreed to share the cost of the SNAP System as set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Town, the District, and the City agree as herein set forth: Agreement 1. Initial Payments. The parties shall share the Initial Estimated Cost of the SNAP System as follows: Party Percentage Initial Contribution Town 52.5% $105,000 District 30% $60,000 City 17.5% $35,000 SNAP SYSTEmi FUNDING 2013PAGE 1 or 3 The District shall receive a credit of $40,000 for the funds it already expended, thus the remaining balance of the District's Initial Contribution is $20,000. 2. Additional Costs. In the event that the SNAP System does not fully cover the area under the Town's and/or the City's jurisdiction, the parties will cooperate to expand the system as the Town and the City, in their joint reasonable discretion, deem necessary to provide an adequate early warning system for the Town and the City. The parties will share all costs of said expansion in the same proportions as they shared the Initial Estimated Cost, the Town paying 52.5 %, the District paying 30% and the City paying 17.5 %. 3. Project Management. Withinl5 days of the date of this Agreement, the Town and the City will pay one -half of their Initial Contributions to the District. The District will be responsible for installing and completing the SNAP System in conformance with State and local laws, including, without limitation, letting, and administering contracts. The Town and the City will pay the outstanding one -half of their Initial Contributions to the District after the SNAP System has been completed and found to operate satisfactorily per the manufacturer's specifications. 4. Miscellaneous A. The laws of the State of California shall govern the interpretation, validity, and enforcement of this Agreement. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Marin. B. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorneys' fees, costs, and expenses incurred. C. This Agreement constitutes the entire Agreement and understanding among the Parties and may not be modified orally or in any manner other than by an agreement in writing signed by all Parties. D. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Town, the District, and the City. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. SIGNATURES ON NEXT PAGE SNAP SYSTEM FUNDING 2013PAGE 2 OF 3 TOWN OF TIBURON Dated: Emmett O'Donnell Mayor TIBURON FIRE PROTECTION DISTRICT Dated: CITY OF BELVEDERE Dated: Sandra Donnell Mayor APPROVED AS TO FORM: Dy Dated: Ann R. Danforth, Esq. Town Attorney, Town of Tiburon Dated: Attorney for Tiburon Fire Protection District Dated: Robert Epstein, Esq. City Attorney, City of Belvedere SNAP SYSTEM FUNDING 2013PAGE 3 OF 3