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HomeMy WebLinkAboutCC Resolution 7127 (Major Crimes Task Force)RESOLUTION NO. 7127 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with JOINT POWERS AGREEMENT BETWEEN COUNTY OF MARIN, AND THE CITIES/TOWNS OF BELVEDERE, CORTE MADERA, FAIRFAX, LARKSPUR, MILL VALLEY, NOVATO, ROSS, SAN ANSELMO, SAN RAFAEL, SAUSALITO, AND TIBURON RE MARIN COUNTY MAJOR CRIMES TASK FORCE (CITY OF SAN RAFAEL 1985/1986 OBLIGATION $6 500) a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a Regular meeting of the City Council of said City held on Monday the First day of J111N, 19 85 , by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor A4ulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner JE NE M. LEONCINI, City Clerk JOINT POWERS AGREEMENT MARIN COUNTY MAJOR CRIMES TASK FORCE RECITALS 1. The COUNTY OF MARIN and the CITIES/TOWNS OF BELVEDERE, CORTE MADERA, FAIRFAX, LARKSPUR, MILL VALLEY, NOVATO, ROSS, SAN ANSELMO, SAN RAFAEL, SAUSALITO and TIBURON have authority to perform law enforcement functions for their respective communities and desire to help each other in the detection, apprehension, and prosecution of highly mobile criminal narcotic trafficking, thus reducing major narcotic activity and combating its influence throughout the County. 2. Said parties are authorized to contract with each other for the joint exercise of any common power pursuant to California Government Code Section 6500- 6514. 3. Said parties are authorized to conduct activities in a manner set forth in California Penal Code Section 830.1. 4. Parties hereto previously entered into a Joint Powers Agreement in 1979 for the purpose of creating a Major Crimes Task Force. That Joint Powers Agreement and its subsequent amendments are hereby repealed and replaced through the adoption of this updated Joint Powers Agreement. 5. Said parties, therefore, mutually agree as follows: SECTION 1. PURPOSE. This Joint Powers Agreement is entered into for the purpose of creating a Major Crimes Task Force whereby the parties hereto will assist one another in the detection, apprehension and prosecution of highly mobile criminal narcotic trafficking, thus reducing major narcotic activity and combating its influence throughout the County. SECTION 2. MAJOR CRIMES TASK FORCE ESTABLISHED. There is hereby established the Marin County Major Crimes Task Force hereinafter called "TASK FORCE" which shall be comprised of personnel assigned from some of the parties hereto and which shall be directed and supervised as herein specified. SECTION 3. POWERS OF TASK FORCE. A. A peace officer member of the TASK FORCE shall be and is hereby deemed to have prior consent, within the meaning of Penal Code 830.1, of the Chief of Police or person authorized by the Chief to give such consent, if such other jurisdiction is a city, or the Sheriff or person authorized by the Sheriff to give such consent, if such other jurisdiction is in the County's unincorporated areas, to exercise peace officer authority within the boundary of every party hereto, and said peace officer is hereby -1- COPY' empowered to act in ti same manner and to exercise the me powers as any peace officer of said party; and his actions shall be governed by the laws of California and the generally accepted practices and procedures for law and enforcement in this County. B. Exercise of the common powers of the parties hereto shall be subject to such restrictions as may exist for each of them independently. C. The TASK FORCE shall not initiate, operate, assist, or serve municipalities in Marin County not signatory to this agreement without the prior approval of the Oversight Committee. Criteria for granting an exception may involve a situation where an investigation commenced elsewhere (which in the opinion of the Oversight Committee upon recommendation of the Unit Commander) cannot otherwise be included without crossing the boundaries of a non -participating jurisdiction. SECTION 4. CONTROL, DIRECTION AND ADMINISTRATION. Responsibility for the control, direction and administration of the TASK FORCE shall be vested in the membership of the Marin County Police Chiefs Association, hereinafter called "ASSOCIATION", which Association is comprised of the Chief law enforcement officer of each agency which is a party hereto. The activities of the TASK FORCE will be reviewed periodically by a civilian oversight committee hereinafter called "COMMITTEE", consisting of three city managers designated by the Marin Managers Association, the Chairperson or designee of the Marin County Board of Supervisors, and one City Councilperson selected by the Marin County Council of Mayors and Councilpersons. The Subcommittee, as defined in Section 5, Paragraph A of this Agreement, shall submit a quarterly report describing the activities of the TASK FORCE to the Committee. SECTION 5. SUPERVISION. A. Supervision of the TASK FORCE shall be by the Major Crimes Task Force Subcommittee, hereinafter called "SUBCOMMITTEE", the membership of which shall be seven members of and appointed by the Association, of which the following shall be members: Sheriff of Marin County, District Attorney of Marin County, President of the Association, two of which shall be the Chiefs of the largest jurisdictions, and two of which will be selected at large from the remaining cities and County. All members must be from jurisdictions participating in this Agreement. (Should the President represent one of the two larger jurisdictions mentioned above, the Subcommittee shall remain in size at seven. The Chiefs at large will then increase from two to three members.) B. The Subcommittee shall: 1. Monitor and report on TASK FORCE operations in a manner that best accomplishes its goals and objectives as directed by the Association; 2. Draft procedures and regulations to direct and control the TASK FORCE, set procedures and regulations to be designed to target major violators, to avoid incursion on civil rights and to avoid injury to innocent persons. Said procedures and regulations shall be subject to review and approval by the Committee established under Section 4 hereof; -2- 3. 'approve all investigative assignmer of the TASK FORCE; 4. Appoint from among the Subcommittee a Liaison Chief who shall be responsible for direct supervision of the TASK FORCE and will provide coordination and liaison on a weekly basis with the unit commander of the TASK FORCE to ensure that priorities and goals are being properly implemented; 5. Appoint from among the peace officers assigned from a member agency to the TASK FORCE, a unit commander who shall be in charge of the day-to-day operations of the TASK FORCE, its personnel and equipment, and who shall arrange procedures for communications among the various departments. C. In the event the TASK FORCE or any portion thereof is requested by a Chief of Police or the County Sheriff to investigate a specific local problem and such request is granted by the Subcommittee, that Chief of Police or the County Sheriff shall assume direct supervision of TASK FORCE members so assigned solely as respects TASK FORCE involvement in that specific assignment. TASK FORCE members so assigned shall remain under the supervision of said.Chief of Police or County Sheriff for the duration of that specific assignment. SECTION 6. TERM OF AGREEMENT. This agreement shall be effective upon the execution hereof by the parties as attested by the signatures of the Mayor and Clerk of each city/town and of the Chairperson of the County Board of Supervisors and the Clerk of the Board of Supervisors on the dates of execution hereof and shall continue in effect until terminated as herein provided. SECTION 7. MEMBER CONTRIBUTIONS. A. Association annually shall prepare and submit to the Oversight Committee by April 1 a budget for the TASK FORCE setting forth proposed service levels, staffing expenses, and anticipated grant funding, or other outside revenues and proposed sharing of net local cost among the parties. After review and any modification deemed necessary by the Oversight Committee, said budget shall be submitted to the parties hereto no later than May 1 of each year, and shall be deemed approved by the parties pursuant to their individual approval of their respective budget allocations to the TASK FORCE for the ensuing fiscal year. B. The contributions to be made by each jurisdiction party to this Agreement shall be based on the approved budget and shall be prorated in accord with the following formula; a minimum of 50% of the cost of the first six TASK FORCE employees, and attendant expenses, and two-thirds of the cost of additional personnel, up to three, for a total unit strength of nine, and attendant expenses shall be borne by the County; and the balance shall be borne by the participating cities prorated on a formula giving equal weight to population, using the most current Federal census data, and most current total assessed valuation, as determined by the Marin County Assessor's Office. -3- C. No change in the proportion of contributions specified in Subsection 7B above shall be effected, except by amendment to this Agreement. D. Personnel assigned to the TASK FORCE shall continue to be employed and compensated by the assigning party, subject to reimbursement for actual costs from TASK FORCE funds. Each such assignment shall be for a specific tour of duty, normally not less than one fiscal year, which may be renewed. An assignment may be terminated before the end of the tour of duty by the assigning party only if 30 days notice is given in writing and termination is approved by the Subcommittee after weighing the needs of the TASK FORCE and of the assigning party. SECTION 8. FUNDS AND DISBURSEMENTS. A. The Oversight Committee shall designate the Treasurer of the TASK FORCE who shall serve as depository and custodian of all funds of the TASK FORCE. B. The designated Treasurer shall be responsible for the establishment of procedures for the disbursement of funds in accordance with the approved annual budget of the TASK FORCE and shall maintain and make available to the parties hereto complete records of all income, disbursements, and other financial information regarding the TASK FORCE. These responsibilities shall include maintenance of financial records, an annual audit and preparation of reports required pursuant to any grant funds received by or on behalf of the TASK FORCE. C. The Association shall establish procedures for the approval of all demands against the TASK FORCE. SECTION 9. EQUIPMENT RECORDS AND MAINTENANCE. The Treasurer of the TASK FORCE shall maintain an inventory of all capital equipment contributed for TASK FORCE use by any party hereto. SECTION 10. INVESTMENT. The Treasurer of the TASK FORCE is hereby authorized to invest any and all funds received by the TASK FORCE in any investment medium authorized for local government pursuant to State law. Interest earning shall be credited to the TASK FORCE and may be used to finance the operation of the TASK FORCE. SECTION 11. RISK ASSUMPTION AND HOLD HARMLESS. A. Each party hereto assumes all risks of damage or injury to the persons or property assigned by it to the TASK FORCE except to the extent that same may be covered by Workers Compensation Insurance or liability insurance under Section 11.D. B. Where liability occurs as a result of the operation or acts of the TASK FORCE or its members, the parties agree that they will share liability and hold one another harmless as follows: That a percentage of the entire liability incurred will be apportioned to each party that is equal to its percentage of contribution for the fiscal -4- year during which the in Adent creating the liability occurs. his agreement is entered into irrespective of whose geographical jurisdiction the act or incidents creating liability occur in and irrespective of whether or not one of the parties' individual employees was a party to such specific acts or incidents. C. Each party assigning law enforcement personnel to the TASK FORCE holds the other parties hereto free, clear and harmless from any and all claims made by or on behalf of its law enforcement personnel so assigned including claims for salaries and employment benefits which shall be and are the responsibility of each such party hereto as specified in Section 7D. D. INSURANCE: 1.Workers Compensation Insurance. The TASK FORCE will provide Workers Compensation insurance under the cities' and/or County's self-insurance program(s). Responsibility for Workers Compensation injuries sustained by TASK FORCE members will be shared on the basis of member contributions made for the fiscal year during which the injury occurs and will apply to all individuals while performing duties pursuant to this agreement. 2.Liability Insurance. The TASK FORCE shall purchase liability insurance insuring each of the parties against all injuries to person and property which may occur as a consequence of any activities of the parties pursuant to this agreement. 3.Cost of Insurance. The cost of liability insurance shall be prorated among the parties on the same basis of member contributions. SECTION 12. WITHDRAWAL. A. Any party may withdraw from this Agreement by filing written notice of intention to do so with the Committee. The rights and obligations of such party_ hereunder shall terminate at the end of the fiscal year after the date of filing such notice. The Committee, within 15 days of the filing of a withdrawal notice shall mail a notice thereof to all parties to this agreement. Removal of any party from this agreement shall in no manner affect the rights and obligations hereunder of the remaining parties. B. In the event of a withdrawal from this agreement by any party, such party shall not be entitled to the return of any funds contributed to the TASK FORCE nor to the return in cash or in kind of any materials or supplies until termination of this agreement is herein specified. SECTION 13. TERMINATION, DISTRIBUTION OF MONIES AND ASSETS. i A. This agreement shall be deemed terminated when the agencies representing 50% or more of the population of Marin County file a notice of intent to withdraw. -5- B. 'Jpon termination, all assets shall h distributed to the parties hereto in proportion to the contribution of the parties during the last complete fiscal year of the TASK FORCE. C. Upon termination, any surplus money on hand shall be returned to the parties hereto in proportion to the contribution of the parties during the last complete fiscal year of the TASK FORCE. SECTION 14. AMENDMENT. This Agreement may be amended from time to time with consent of the parties hereto. IN WITNESS WHEREOF the parties hereto have set their hand the day and year below written. COUNTY OF MARIN DATED: Chairperson, Marin County Board of Supervisors ATTEST: Clerk of the Board of Supervisors CITY OF BELVEDERE Dated: Mayor, City of Belvedere ATTEST: City Clerk TOWN OF CORTE MADERA Dated: Mayor, Town of Corte Madera ATTEST: Town Clerk Dated: TOWN OF FAIRFAX Mayor, Town of Fairfax ATTEST: Town Clerk Dated: ATTEST: City Clerk Dated: ATTEST: City Clerk Dated: ATTEST: City Clerk Dated: ATTEST: Town Clerk Dated: ATTEST: CITY OF LARKSPUR Mayor, City of Larkspur CITY OF M ILL VALLEY Mayor, City of Mill Valley CITY OF NOVATO Mayor, City of Novato TOWN OF ROSS Mayor, Town of Ross CITY OF SAN ANSELMO Mayor, City of San Anselmo IWAI City Clerk CITY OF SAN RAFAEL Dated: 7/ //8S'c Mayor, City of San Rafael ATTEST: City Clerk CITY OF SAUSALITO Dated: Mayor, City of Sausalito ATTEST: City Clerk TOWN OF TIBURON Dated: Mayor, Town of Tiburon ATTEST: Town Clerk CRIMESTASK, own disk