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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 •� 1 r 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 J �i`nae'pendentIy. n\ ' •k �c, 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 -2- 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. -4- 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 -5- 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 � TOWN CfERI< ,r / DATED:.,/ MAYOR, CITY!�A RFAX-- ATTEST: CITY CLERK r - -0_ 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 r" r' 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 elz 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 L/ 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