HomeMy WebLinkAboutResolution No. 5604RESOLUTION NO. 5604
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE JOINT POWERS AGREEMENT FOR PARTICIPATION
IN THE MARIN COUNTY MAJOR CRIMES TASK FORCE.
WHEREAS, the City of Novato has developed in conjunction with the
Marin County Police Chiefs' Association, a joint program among all cities and
the County for establishment of the Marin County Major Crimes Task Force to
conduct extensive investigations relating to major crimes committed in Marin
County, and
WHEREAS, said program has been submitted and approved for funding
to the Office of Criminal Justice Planning (hereafter referred to as OCJP)
to be funded in part from funds made available through the Omnibus Crime
Control and Safe Streets Act of 1968, PL90-351, as amended, (hereafter
referred to as the Crime Control Act); and
WHEREAS, said program is providing such specialty services on a
cooperative basis as deemed in the best interest of the citizens of the City
of San Rafael.
NOW, THEREFORE, BE IT RESOLVED that the Mayor of the City of
San Rafael is authorized and directed, on its behalf to enter into -a. Joint
Powers Agreement and participate in said program.
BE IT FURTHER RESOLVED that the City of San Rafael agrees to provide
all matching funds required for participation in said program (including any
extension or amendment thereof) under the Crime Control Act and the rules and
regulations of OCJP and the Law Enforcement Assistance Administration and that
cash will be appropriated as required thereby.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California
hereby certify that the foregoing resolution was duly and regulary introduced
and adopted at a REGULAR meeting of the Council of said City held on the
fifteenth day of January , 1979, by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
,Qn�, C:�4� �--
EANNE M. LEONCINI, City Clerk
A0
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JOINT POWERS AGREEMENT
MARIN COUNTY MAJOR CRIMES TASK FORCE
RECITALS
1. The COUNTY OF MARIN and the CITIES OF BELEVEDERE,
CORTE MADERA, FAIRFAX, LARKSPUR, MILL VALLEY, NOVATO, ROSS, SAN
ANSELMO, SAN RAFAEL, SAUSALITO and TIBURON have authority to
perform law enforcement functions in their respective communities
and desire to help each other in the detection, apprehension, and
prosecution of highly mobile criminal activity, thus reducing
major criminal activity and combating its influence within 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 the manner set forth in California Penal Code Section 830.1.
4. 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 activity, thus reducing major criminal activity
and combatting its influence within 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 Section 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 County's unincorporated are, -is
-to exercise peace officer authority within the boundaries of every
party hereto, and said peace officer is hereby empowered to act
in the same manner and to exercise the same 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
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SECTION 4. BOARD OF DIRECTORS.
Responsibility for the control, direction, and administration
of the TASK FORCE shall be vested in the membership of the Marin County
Police Chief's Association, hereinafter called "ASSOCIATION", which
Association is comprised of the Chief law enforcement officer of each
agency which is a party hereto. Said Association shall be deemed the
Board of Directors of the TASK FORCE.
The activities of the Marin County Major Crimes Task Force
shall be periodically reviewed by a monitoring committee consisting
of three city managers designated by the Marin County City Managers
Association, the Chairperson or designee of the Marin County Board
of Supervisors, and one City Counsel person selected by the 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 Major Crimes Task Force to the
monitoring committee.
SECTION 5. SUPERVISION.
A. Supervision of the TASK FORCE shall be the Major
Crimes Task Force Subcommittee, hereinafter called "SUBCOMMITTEE"
the membership of which shall be appointed by and from the member,
ship of the Association.
B. The Subcommittee shall:
1. Monitor and report on TASK FORCE, performance to
ensure that the TASK FORCE operates 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;
3. Approve all investigative assignments of the
TASK FORCE;
4. 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. The chairperson of'the Subcommittee shall be respon-
sible 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.
D. 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 super-
vision of TASK FORCE members so assigned solely as respects TASK FORCE
involvement in that specific assignment. TASK FORCE members so
assigned shall remain under supervision of said Chief of Police or
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County Sheriff for the duration of that specific assignment or until
reassigned to a higher priority matter by the Subcommittee.
gPrTTnm F _ TERM nF Ar_T2r•.rrApmT
This agreement shall be effective upon the execution hereof
by the parties as attested by the signatures of the Mayor, Clerk and
Police Chief of each City and of the Chairperson of the County Board
of Supervisors, the County Clerk and the County Sheriff on the dates
of execution hereof_ and shall continue in effect until terminated as
herein provided.
SECTION 7.MEMBER CONTRIBUTIONS.
A. Exclusive of the assignment of law enforcement
personnel as hereinunder_ specified, each party hereto shall contribute
in cash or in kind resources necessary for the operation of the TASK
FORCE in the proportions specified below:
Belvedere 1.12% Ross 1.200.
Corte Madera 3.76% San Anselmo 5.88%
Fairfax 3.55% San Rafael 20.500
Larkspur 5.58% Sausalito 2,R6%
Mill Valley 6.08% Tiburon 3.20%
Novato 16.86% Marin County 29.41%
These percentages are based on the proportion which
each jurisdiction population represented of the total population of
Marin County as of January, 1976.
B. For the first year of operation of the TASK FORCE,
as its share of the local cash contribution required pursuant to the
approved grant for the P4arin County Major Crimes Task Force Project,
each party hereto shall con -tribute a cash amount equal to its -proportion
of costs (Subsection A above)times the total local cash match required
in the approved grant.
C. No change in the proportion of contributions specified
in Subsection 7 above, shall be effected except by amendment to this
agreement.
D. For the first year of operation, the parties hereto
cumulatively shall assign a total'of_ seven experienced law enforcement
officers (as defined in the grant application for this project) to
the TASK. FORCE. The status of personnel so assigned shall be as provided
-in Subsection F hereinunder.
E. In subsequent years, the cumulative number of experienced
law enforcement officers assigned to the TASK FORCE shall be established
in the annual budget for the TASK FORCE.
F. Each party assigning law enforcement personnel to the
TASK FORCE shall pay the salary and other benefits to and for their
own officer(s) during the term of such assignment. Any officer so
assigned shall continue to be an employee of the party assigning him
or her to the TASK FORCE.
SECTION 8. FUNDS AND DISBURSEMENTS.
-A. The Treasurer of one of the parties hereto shall be
designated as the Treasurer of the TASK FORCE and shall serve as
depository and custodian of all funds of the TASK FORCE. Such
designation shall be made by the Association with the concurrence
of the party so designated and may be changed from time to time by
the Association. For the first year of operation of the TASK FORCE,
the Treasurer of the City of Novato has been so designated by the
Association.
B. The Finance Officer of the party whose Treasurer
has been designated as Treasurer of the TASK FORCE shall be designated
as Finance Officer of the TASK FORCE, 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 made 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 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.
D. For the first year of operation, each of the parties
assigning law enforcement personnel as specified in Section 7,
Subsection B, herein shall be reimbursed by the City of Novato for the
actual cost of salaries and other benefits paid by each such party
to personnel so assigned. Such reimbursement shall be paid from funds
received pursuant to the approved grant for this project. Claims for
such reimbursement shall be presented on a form approved by the City
of Novato.
SECTION 9. BUDGET.
The Association annually shall prepare a budget for the
TASK FORCE setting forth anticipated expenses, financing sources
thereof and proposed service levels. The annual budget of the TASK
FORCE shall be deemed approved by the parties hereto pursuant to their
individual approval of their respective budget allocations to the
TASK FORCE.
SECTION 10. EQUIPMENT RECORDS AND MAINTENANCE.
The designated Finance Officer of the TASK FORCE shall
maintain an inventory of all capital equipment contributed for
TASK FORCE use by any party hereto.
SECTION 11. 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
earnings shall be credited to the TASK FORCE and may be used to
finance the operation of the TASK FORCE.
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SECTION 12. RISK ASSUMPTION AND HOLD HARMLESS.
A. Each party hereto assumes all risks of damage, loss
or injury to the persons and/or property of its law enforcement
personnel and to its property during the period of assignment of such
personnel and/or property to the TASK FORCE.
B. Where liability occurs as a result of the operation
or acts of Marin County Major Crimes 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
initial contribution as set out in Section 7A of this agreement. This
agreement is entered into irrespective of whose geographical juris-
diction the act or incidents creating liability occur in and
irrespective of whether or not one of theparties'individual employees
was a party to such specific acts or incidents.
C. Each party assigning law enforcement personnel to
the TASK FORCE holds all 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.7, Subsections D, E, and F herein.
D. INSURANCE:
1, Workers Compensation Insurance.
The TASK FORCE will provide Workers Compensation
Insurance under the cities'self-insurance program. Responsibility
for Workers Compensation injury sustained by TASK FORCE members will
be shared on the basis of member contributions 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. The insurance shall be in an
amount not less than $10 million, subject to a deductible of $
3. Cost of Insurance.
The cost of liability insurance shall be prorated
among the parties on the -same basis as is specified for the party's
contributions to the total local share in Paragraph 5.
SECTION 13. WITHDRAWAL.
A. Any party may withdraw from this agreement by filing
written notice of intention to do so with the Clerk of the agency
whose Treasurer has been designated Treasurer of the TASK FORCE. The
rights and obligations of such party hereunder shall terminate thirty
days after the date of filing such notice. Said Clerk, within fifteen
days of the filing of a withdrawal notice shall mail a notice thereof_
to the clerks of every other party. The withdrawal of any party
from this agreement shall in no manner affect the rights and
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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 (other than vehicles or communica-
tions equipment) until termination of this agreement as herein
specified.
SECTION 14. TERMINATION, DISTRIBUTION OF MONIES AND ASSETS.
A. This agreement shall be deemed terminated when
agencies representing 500 or more of the population of Marin County
file a notice of intent to withdraw.
B. Upon termination, each vehicle and each item of
capital equipment shall be returned to the party contributing such
vehicle or equipment and all other assets shall be distributed to the
parties hereto in proportion to the contribution of the parties during
the life of the TASK FORCE, including distribution to parties which
may have withdrawn at an earlier date.
C. Upon termination, any surplus money on hand shall
be returned to the parties hereto in proportion to the contributions
of the parties during the life of the TASK FORCE, including distribution
to parties which may have withdrawn at an earlier date.
SECTION 15. AMENDMENT.
This agreement may be amended from time js�
with the
consent of the parties hereto.
IN WITNESS WHEREOF the partie roto hat�cir hanclthe day and year below written.
'
DATED:—
J CIIAIRPE_RSO�II,P/SARIN COUNT.' BOARD OF
SUPERVISORS J
ATTEST: .
CLERK O� THE BO1RD OF SUPERVISORS
DATED:12 & _51
7 MAYOR, CITY OF BELVEDr.RE
ATTEST:
CITY CLERK,-
DATED:
LERK-DATED:
----
ATTEST: MAYOR,TOWN OF CORE MADERA
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TOWN CfERI< ,r /
DATED:.,/
MAYOR, CITY!�A RFAX--
ATTEST:
CITY CLERK r -
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DATED: %�- V G. '� �T9• � `
ATTEST:
MAYOR, CITY OF LARKSPUR
CITY CLER
DATED.
ATTEST: CITE OF MILL VALLEY
ATTEST---- �" • �- I_l'd CITY CLERK
DATED: /rte; :•�: ����•
ATTEST: f4AYOR, CITY F F]OVATO —�"
CITY CLERIC —
DATED: 4dfAA�_____ _ � to • a�,,,se --
YOI2, TOWN
ATTEST:
`k7
DATED: -
ATTEST:
TOWN CLERK
Hl -i TOWN ';OI' SAN ANSEL�90
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DATED: 7
ATTEST: �' ! -7 -7 AYOR, CITY OF S�A!EL '
4,FF—C LERK `
DATED: 08 -Z/ -7Y
ATTEST: MAYOZ, CITY OF SAU. LITO
CITY
/ 1
DATED:
MAR, TOWN OF TI3UF N
ATTEST-,,
TOWN CLERK -
—7—
DATED: 9—/3. -
SHERIFF, MARIN COUNTY
DATED: �,-- I S , l g7cl
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CHIEF OF POLICE, CITY OF BELVEDERE
DATED:
CHIEF OF OLICE, T WN OF CORTE MADERA
DATED: ?— ?- -79
DATED • %-/.S' %ly
DATED: /�/ G % C
CHIEF OF POLICE, CITY OF FAIRFAX
� r•� %/ fi7 �/ /i) .mss //-�''l.
CHIEF OF--POLICE,�6ITY OF LARKSPUR
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CHIEF OF POLICE, CITY OF MILL VALLEY
DATED: G7 4IEF
`/ ��ECC�—
C OF POLICE, CITY OF NOVATO
DATED: 7
CHIEF OF POLICE, TOWN OF ROSS
DATED: /7 7 4 4 �� i�t�•�.�LG�G ,
CHIEF OF POLICE, TOWN OF SAN ANSELMO
DATED: '1 — 7-" / ��CZ, c'- !c-=• ��z ��
CHIEF OF POLICE, CITY OF SAN RAFAEL
DATED: ;7
IEF OF POLICE, CITYF SAUSALITO
DATED:
CHIEF OF POLICE, TOWN OF(TIBORON