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HomeMy WebLinkAbout0168.092j ~--. • ~ ·X l :;If <.- <.tt --. I ~-'-:.-, ..' . I ..... -'-'~'~-.• '.~.:,r-.... ~ ,:: ~·~_<-:v·r;~t-., _______ ...-.... ....... _.,.,._~< .. , ___ ' 0" , - ~:. . ~ ~. . -.-;. '. Ma:::ch 5, 1992 HONORABLE CITY COUNCIL Palo ~lto, California 89Utb Eay water .'Deue program -Joi~t ?ow.ra Aqreement Members of ~he Council: Report in Brief Staff recommends that Council approve the attached agreement between City of Palo Alto and the Menlo Park Fire Protection Di~trict fo~ joint funding and operation of a water rescue program. Background 7 the the Over the past ten years, there has been an increasing demand for water and mud rescue operations in the baylands, caused by air traffic enterinq and exiting the Palo Alto Airpert. Development of the baylands sailing station for leisure and. recreational activities is likely to also increase the nun.l:ler of incident.s requiring 'Water or mud rescue~ During the adoption of tt,,-e 1991/92 capital Irr.provement Projects budget. staff recommended and Council approved $40, ODD for mutual funding of this project 'With the Menlo Park Fire Protection Distric:t. Both fire agencies, in conjunction with legal and financial staffs, haVe developed the attached Joint Powers Agreement (JPA). The JP~ provides a mechanis!!l. to address tne capabi lities required to respond to and effectively handle water rescue situations in the South Bay area which adjcdns Palo Alto and ~e!'llo Park~ By sharing resources, each participating member will reduce overall expenses ~hile incr6asinq available equipment and staffing resources during emergency operations. The management of the joint program is detailed in the JPA alonq with methods by which administrative, operational, policy and decision ~aJting authority "'i11 be h~ndled by each jurisdiction. The agreement discusses how this rescue equipment will be used in the program and how the acquisition of capital equipment for the program will be shared. Palo Alto is identified as being responsible for the preparation of specifications, obtaining bids~ and a~arding the contracts for all capit~l equip~ent. Menlo Park ~il1 take responsihility fer day­ to-.::lay routine maintenance of the equipment. Each jurisdiction 'Will contribute an initial $40,000 to fund the project. Palo Alto ha~ provided its contribution of $40,000 in a special Capital Improvement Project. The Palo Alto fire Department and the Menlo Park Fire Protection water rescue training prccedures, operations and training materials ~ill be standardized by the JPA. District support Financial considerations such as determining operating costs, accounting, apportionment formula, limitation of financial obligations, excess payments, reimbursement and disposition of assets upon termination of the agreement, and liability are also addressed in the JPA. Because the scope of the JPA is limited to owner~!lip, use of equipment. and joint training, and does not cover actual rescue operations, the­ City's liability exposure is not affected. Recommendatioz, staff recommends that Council approve this agree~ent to establish a South Bay Water Rescue program through a joint exercise of powers with the Menlo Park Fire Protection District. submitted, DON JUNE LEMING, Assistant. city XAnaqer : ( I Attachment: Joint Pov.r: Agreement cc: Palo Alto Airport Safe~y Committee Menlo Park Fire Protection District Chief L , AGREEMEHT, ESTABLISHING A SOUTH BAY WATER RESCUE PROGRAM THROUGH A JOINT EXERCISE OF POWERS THIS AGREEMENT is made and entered into on 1992, by and batween the city of Pale Alto, a chartered municipai corporation of the state of California ("Palo Alto") and the Menlo Park Fire Protection District, a California fire protection district ("Menlo Park") ~ other public agencies may be subsequently added as parties to the agreement in accordance with the terms and conditions set forth herein~ • I T HIS BIT R: WHERE~$, the parties have determined that there is a need for a joint water rescue program to serve water rescue needs in the southern portion of San Francis~o Bay ("South Bayn); and WHEREAS, each of the parties is empowered and authorized to establish its o ..... n 'Water rescue program and to do all of the other things authorized and agr-e::!d to lJnder this agreement; and WHEREAS~ the parties desire to enter into an agreement pursuant to Chapter 5, Division 7 of Title I of the california Government Code, commencing-with Section 6500 (the IIIIJ'PA law"), authorizing the joint exercise of powers held in common between and amonq the parties ~ to esta""'lish a joint ... ater r-escue program (·program llll ) in the South Bay; and WHEREAS, the parties contemplate that the Program will serve the territory now or hereafter included wittdn and in proximity to the political boundaries of any party hereto, as well any area which, during the term of the agreement, may be served by any party hereto by contract; and W".tJ:EREJ.S, the gove::-ning body of each party hereto has dstennined that there is ~ need for such a Program and that the establishment of a Program will result in a fir.ancial saving and improv~d service to that party and will be in the public interest; and WHEREAS, Palo Alto and Menlo park intend that the Progrem be able to function between the two parties, but desire to provide in this aqr~ement the flexibility to expand the Program to dccommodate such other parties as may be added in the future; NOW, THEREFORE, in conside~ation of their mutual covenants, the parties hereto do hereby agree as follows~ 1 L ., -. ----------.. .....,..,.. /- All.'rICLE I COmlllencement and Tem.;DAll.QD of Agreement 1. Effective Pate and Tet'Ii!ina~ion Date, This agreement shall become effective O~ the date first herEinabove ~ritte~, which date shall be tr.e date on which the last party (either Palo Alto or Menlo park) signed the agreement~ i'his agreement shall become effective as to additional parties at the ti~e and date specified in the .amendment to this agreement adding such party. This agreement shall ~erminate on June 30, 2011, unless sooner termin~ted by withdrawal of either Palo Alto or Menlo Park, as provided in section 3 of this articls. 2. Additional Parties. upon the aqreement of all then existing partie~ to this agreement, any public aqency as defined in the JPA laws as the same from time to time be amenjec, may become a party to this agreement ~y amendment hereto, upon such terms and conditions as specified in said amendment. 3. Withdrawal from the Agr_Eeemert:t:~ Any party may withdraw from. this agreement by resolution of its gover!")inq body and upon nat !~ss than one yearrs notice in writing to all other parties, provided that no withdrawal shall be eftective prior to JUne 30, 1993. ARTICLE II E1l_~_1i! and Objectives 1. ~Yrpose. The parties shall participate jointly in the manner and to the extent hereinafter specified, in the establishment, maintenance, operation and use of the Program. The specific purpose for the program is to provide joint training and to jointly own, operate and maintain equipment necessary for water rescue efforts. Actual water rescue services will be perfcrmed by the individual partie.s, or through existing :t"Iutual ;:: id or automat-_ic aid agreements, as appropriate, and Ehall not be ~ithin the scope of this joint powers agreement. 2. Object.jyes. The objectives of this agreement are to raise the efficiency of the parties' respective water rescue services by providing adequate equipment and a comprehensive training program; to reduce ovecall costs by joint purchase and use ~f equipment : and to standardize the water rescu~ training program of the parties to the extent the parties ~ish to participate. ARTICLE III ManagemE!'nnt and Organization 1. Decision Making /t,uth_ority. This agreement memorializes the joint effort of the pal·ties to carry out the purposes and objectives set forth hereint and no separate pntity shall be created hereby. nor shall there be created a board of 2 '" -.... - directors. Day-tQ-day oper3.tion and l:lanageltlent of this joint effort vill be handled by the Policy Committee and Administrator, r~spectively, in accordance ~ith t~e provisi~ns of tnis article. All decisions made pu~suant to this agreement which require approval of the parties shall be evidenced by affirmative vote of the qoverning body of each part)-tc the agreement~ 2. Policy COmmittee. Ther~ is hereby established a Policy Co~ittee (BPolicj Committee~) composed of the City Manager or designee of Palo Alto and the Fire chief of Menlo Park, plus the fire chief of 2ach member agency that becomes a party to the agreement. Each Policy Committee member shall designate an alternate who shall have the power to vote in the place and stead of such person. The Policy committee shall act in an advisory capacity to the parties concerning the Progra~ and shall have such other functions as are specified in this agreement or are deleqated to it by the parti~s. The Policy Committee shall meet at least once per calenoar quarter and shall adopt procedural rules for the conduct of its business. Additional meetings may be called at the request of any Committee member. All matters requiring action by the Committee shall be evidenced by an affirmative vote of a majority of the members of the Committee, unless otherwise herein specified. 3. General Adminis_t.:r::ation and operation. Palo Alto shall be the General Administrator ("Administrator~) of the Program. In coru1ection tnere~ith Palo Alto shall: expenditures Program .. a. Maintain records of incurred in connection with all revenues and the operation of the b.. Ma.intain all records in auditable form and make them available to the parties upon request. c. Act as depository of any anQ all monies received from any source for the impleE.ent.ation of this agreement. In this re9ard~ the Director of Finance of Palo Alto shall be responsible upon an official bond fc~ the safe Keeping and disburse~ent of all sai~ monies, provided, that Palo Alta may self­ insure for this liability .. d. Act as custodian of all property used for the operation of the program. In this regard, the official bond now provided by Palo Alto :for any public officer-who, under this agreement, will have cnarge of, handle, or have access to any money or property of the Program, shall be considered sufficient, and no further bonding shall be required for purposes of this agreement. e. in the format and determine. Provide each party ~ith reports on the Program at such time as the Policy committee may f. Act as admini5ltering agency pursuant to Section 6506 of the Government Code. 3 -L ,~ .">--'" .:.t-. '",--- , '''';,;.~ . -',:-:. . ~-, - · .~-.. ·::~'i .' -, , ARTICLE IV Equipment 1. Pre~ent Equipt:'tent...L. The equipment to be used for t.he Px-ograltl, which that exists as of the date of execution of this agreement, consists of various too13 and equipment used for rescue. This equipment is owned and in the possession of Palo Alto and Menlo park, respectively~ 2. Acquisition of Capi~ effective date of this agreement, the alloca'te $80,000 towards purchase of equipment, priorit.ized as folloW's: Equipment. As of the parties have agr-eed to the followinq capital a. TWo rigid hull i~flatable rescue boats, motors and equipment. n. One 18-20 foot air boat and equipment. c. safety equipment for rescue personnel and victims, to the extent of finances available. 3. Contribution cf thL...Partie.s to Cost of Capitli ~gyj~ment. Palo Alto and Menlo Parx shall each pay $40,000 towar~s the cost of acquirinq the e~lipment described in paragraph 2 of this article. As of the date of execution of this agreement, Palo Alto and Menlo Park represent that the respective sums ot $40,000 each have been set aside by previous actions of their governing bodies and have been irrevocably co-mmitted for the purpose set forth in paragraph 2 of this article. These sums shall be in addition to any payments which may he required pursuant to paragraph Ib of Article VI. All equipment purchased jOintly pursuant to this agreement shall be under the control of the Administrator and used in accordance with paragraph 5 of this article; provided, that for purposes of disposition of assets UpOh termination, in accordance with Article VI, each partyrs frowner-ship share" of the equipment shall b.e equal to the percent of each party's respective share of the origin~l cost of acquisiti~n. 4& procedu.t:'.~.or Acquiring Equipment. Under the direction of the policy Committee, Palo ~lto shall prepare, or cause to be prepared, specifications for all equipment to be purchased pursuant to this agreeme~t, and shall obtain bids, award and enter into contracts, and supervise any necessary construction. The parties an·t.icipate that the capital purchases .. ill take the form of eeparat~ contracts to be awarded at different times. each time Palo Alto rr.akes an award of contract it shall notify all of the other parties to the agreement that the award has been made. 5. Use of Equipment. During the term of this aqreement, and subject to the provisions of this paragraph, any party may use the equipment for rescue training purposes in accordance ~ith any rules and regulations ~hich may be established by the Policy Committee. Usag'e of this equipment shall also be 4 -__ .... , .. ! ........ __ '_M_ .... ~_· __ :1 H " -'" j~if- - conditioned on each party fulfilling its obligation to pay its prorata share for' maintenance and operating costs, as more sp.ec.1.fical.ly described in Articl~ VI. The parti~5 shall l".ave .a.xclusivt! use of the equipment for rescue training and @merge:ncy operations, except that additional llses by a party or nonparty may be authorized by the Policy Committee. 6. Maj .. ntenance of" Equipment. Menlo Parle shall maintain all equipment described in paragraph 2 of this article. Routin~ maintenance and mi::"lor repair services that can b~ performed by Menlo Park employees shall be provided at no cost to the other parties. The cost of repairs and other services that must be contracted for, and the cost of parts required for repairs of a non rQutine nature, shall be shared by the parti~s in accordance ~ith Article VI. Not'Withstandinq MenlQ Park's Quties under this paragraph I any party or. nonparty who damages any equipment in a use not covered by this agreement shall be solely responsible for the repair of said equipment. ARTICLE V water ResG-'J_'!L_.rI:_~ininq 1. ;I:_niti~) Trai.Jing~ The parties to this agreement shall, through the efforts of their rEspective staffs, develop standardized training procedures, operations a~d supporting training materials. 2. Expanded Training. The governing bodies of tr.ro or more parties may elect to expand the scope of the initial training~ The nature of such expansion and the allocation of costs of such expanded training shall :be subj ect to agreement of the participating parties at that time and shall be incorporated into an addendum to this agreement I or in a separate cont~act between the participating parti~~ in the expanded training~ Inauguration of the expanded training shall not affect t~e initial training as developed by the parties. ARTICLE VI 1. Determination of Budget and Costs....:. a~ Budget. The Policy Corrunittee shall develop a buuget, including the annual operating cost for the program, for the following fiscal rear, by February 1 of each year. The recommended budget shall be submitted to the governing body of each party for approval on or before september 1 of each year. To comply with Palo Alto's t~o-year budget process, the Policy Committee shall provide an estimated second j'ear budget every t..,o years, 'Which .,ill then be finalized and adopted in the inteJim year~ The parties agree that the budget attached to this agreement as -Exhibit A~ shall be approved as the budg~t for the remaining portion of fiscal year 1991-92 ~ 5 L b. ,f'undinq by Each Party. During each fiscal year hereof, each party shall pay its share of the amount needed to fund the. appr-oved budget for the Program for such fiscal year, as detendned pursuant to parag.:'aph 3 of this article. Payment shall be made in t~o equal installments, each september 15th and December 15th. Paymerts shall be delivered to the Director of Fjnance of Palo Alto, Funds not expended at the end of a fiscal year shall automatically be deem~d reappropriated to the same budgeted item as of the commencement of the following fiscal year, and may be expended prior to the adoption of the budget for said follo~ing fiscal year. c. IntereS',t. If any party fails to make a payment when due, the amount dl..i,e shall accrue interest at the rate of ten percent per annum until tully paid~ d. Verification~ Palo Alto shall make available to each other party at any reasonable time, at Palo Alto City Hall, all records, documents, computer tiles, data, and accounts of ~hatever kind of format which may be required to analyze and verify the actual cost of the Program. If any party disagrees ~ith the actual cost as determined by Palo Alto, the staffs of ~ll parties sl:.all meet and confer regarding the actual cost. If the parties tail to agree, the parties may arbitrate the matter pursuant to paragraph 2 of Article VII. 2 ~ Accounting. Each party shall be strictly accountable for all funds received by it and shall maintain adequate records of all receipts and disbursements pursuant to this agreement. In addition thereto, each party shall maintain such additional records relating to the establishment, ownership, maintenance, operation, and use of the Program and the resources thereof, as is appropriate. Each party shall have the right, at any reasonable time, to inspect and examine the books and other records of each other party insofar as th~y relate to the program, The parties agree that accounts maintained pursuant to this agreement shall not accrue ir,terest; provided, that any accot:.nt in ~hich a balance of $100,000 or greater is maintained, shall accrue interest at the average rate accruing to Palo Alto's General Fund accounts. 3. Apportionment Formul.~ The cost for caintaining and operating the Proqram shall be apportioned among the parties by equal shares. The cost for initial training shall be those costs described in Arti~le V. C03tS for operating the Program shall include those costs jncurred in repair and maintenance of the equipment, which are not the sole responsibility of Menlo Park~ The costs to any party for non-capital items, including but n~t limited tc~ administrative costs of supplies and employee labor costs, shall be borne by such party and shall not be computed in the annual budget pursuant to paragraph la of this article. 4~ Limitation of Financial Obligati.Qn __ ~ No party shall have the power or the authority to incur any obligation pursuant to this agreemp.nt in excess of the amount apportioned t~erefor by the 6 L budge.'t. or othel"*'ise. specifically authoriz.ed by the po.rties~ 5. Paymer.ts ir. Excess ~Budgeteg~AmouQts , upon agreement of the parties, upon a reconunendat.ion of the Policy Co~ittee. inc~eases in the costs of pudgeted it~rns as well ~s the costs of necessary items not reflected in the ~pproved budget snall be funded by assessing all parties fer an equal amount of such extra costs. Such aosessrnent{s) shall be payable upon the terms agrsed to by the parties. 6. Forr;_e Majeure. No party hereto shall be liable for any failure to perform as required by this agreement, or any amendment hereto to the extent such failure to perform is caused by any reason beyond the control of such party. or by reason of any of the follo .... ing occurrences: strikes, labor disturbances COT labor disputes of any character I failure of any governmental approva.l required for full pe~formance, riots. civil disord~rs or cornmotions l wa~, acts of aggression, floods, earthquak~s. acts of God I or similar occurrences: provided that such party shall ey.excise its best efforts to provide the best possible alternative performance and to prevent the foregoing occurrences from Cli:lstructing full perfonnance. Such occurrences shall not cause the termination of this agreement and shall not affect this agreement except as provided in this paragraph. 7 ~ Feimburs~.m.~.!lt __ Coon Early Tenni::l.~ __ i.Q..!1...... I f any party to this agreement withdraws from the agreement, such party shall not be entitled to reimbursement of any funds previously paid pursu~nt to this agreement e~cept as specifically agreed to by the rem,-aininq p~rties to the agreement~ Furt.her, in the event of early withdra'Wal l any monies owing and unpaid by such party p'..lrsu",nt to paragraph 1a of this article shall be paid by such party unless such debt is specifically eX;::;J.sed by the remaining parties to the aqreernent. 8. ~s;J.tio_n of Assets upon Te.J;ltlj.H-at i.on of Jl..greement. Upon te~ination of this agreement, all personal property acquired ~ith. or traceable to, ~oney provided by the parties hereto shall be distributed arr,ong the parties 011 a just and equitable basis, by agreement of the parties j upon the recommendation of the Policy committee; provided, hO .... ENer, that the distribution of any equipment (or the proceeds therefrom) purchased ~ith the original $80,000 contribution from Palo Alto and Menlo Park shall be made in accordance with the provisions of paragraph 3 of Article IV. 9. Liability and In.1?u.ra __ l'l~ Each party to this agreement agrees to defend, indemnify and hold harmless the other parties with respect to any claim or action for damages arising or alleged to have arisen from such party's negligent act or omission, 'Whether wi thin the scope of this agreement or not. Any party stor ing or otherwise possessing equipment covered by this agreement shall insure or cause to be insured such equipment, at such partyts expense; provided, however I that Menlo Park shall provide insurance coverage fot" all equipment for which it has 1D.aintenance responsibilities pursuant to paragraph 6 of Article IV, the cost of 7 L " , • ··co' ~~r·· .~r· which shall be apportioned among the parties in ~.ccordance vith paragraph 3 of this article. ART! CU: 'III G?ne~a) provisions 1. Notices. All notices required or given pursu~nt to this aqreement shall be deemed sufficiently given if in ~riting ~nd if either personally served upon,. or mailed by registered or certified mail to the Clerk of the governing body of the receiving party, 2. szttlernent ofJ:!llPutes or Controversies. should any dispute or controversy arise in connection with this agreement, the governing bodies of the cisputing parties may elect to arbitrate the dispute or controversy in accordance with this paragraph. In the event of such election, the qoverning body of each party to the agreement may appoint or desiqnate one disinterested person as an arbitrator. In the event an even number of arbitrators is chosen. the arbitrators chosen by the parties shall choose an additionai arbitrator. The arbitrators so chosen shall act as a board of arbitrators in connection ~ith any such dispute or controversy, and the decision of the arbitrators, approved by a majority .... ote of the ~embers of the board of arhitrators r shall be bindinq and conclusive upon all parties to the agreement. 3. Modifi~ation of Agreement. No term, provision r or condition of this agreement shall be altered, amended, or departed from or be held or construed to have been waived except by the unanimous agreement and consent of all parties, in accordan~e with paragraph 1 of Article I, specifically authori~ing such alteration, amendment, or waiver. It is understood# ho~ever, that some parts of this agreement are stated in general terms to preserve a reasonable degree of flexibility. It is further understood that the Fire Chiefs of the ~arties, acting as the policy Committee, may execute operating memoranda from time to time to clarify the rights and obligations of the parties; and that the Fire Chief of Palo Alto may execute memoranda speciti,cally relating to Palo Alto's duties as Administrator. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the date first hereinabove ~ritten. ATTZST~ APPROVED AS TO FORM: Sr. Asst. City Attorney 8 CITY OF P.'LO ALTO: By, 'M~a7y~o~r~----------- MENLO PARK FIRE rROTECTION DISTRICT By: __________ _ Its' ________________ _ --_E"!"j"' .. -.----> .. "--~.- - • APPROVED: ATTEST: Assi.stant City --Mana.-qer --- By: __ .. _. _____ _ AFPRQVED AS TO FORM: Fire chief District Counsel ~irector of Finance APPROVED: Fire C·h'i~e~t----------------- 9 ------ ., , G_ ! ..... -\1 _L f ~ .~ - -., O. 0 · . :~ .~ ~" .0 ~ :0 0 0 ~ M 0 • • ~ · ! · = M 0 ~ • 0 " • 0 ! 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