HomeMy WebLinkAbout0246.095•
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City of Palo Alto
City Manager's Report
TO: HONORABLE CITY COUNCIL
FROM: CITY MAN.4.GER DEPAR1'MENT: FIRE
.4.GENnA DATE, May 1S, 1995 CMR: 246:95
SUBJECT': Request to Approve North CoulIly Fire Senices Co.,soIidaooa
Study Joint Powers Agreement (JJ>A)
BW'TESI
The purpose of 1hl. report is 10 request that Qrunc~ opptovc the atfa;;hed agreement among the City of
Palo Alto, the C"lIy of Mountain VIeW. the City of Los Altos. an<! the Los Alms Cou:>ty Fire Protectioo
Distti<:! esIl;blishing • North Count]' Fke Services Conso6datioo Study through. Joe.,. Exercise of
Powers (JPAJ.
J. Staff r«ommeods that Council approve the 11' A 10 estabftsh the North County F ire Service<
Consolidation Study.
POLICy IMPIJCATIQNS
The. <Onllm! of !he study is coosisten! ..nJ> .,.i.fing City policies. The resWts of this study may
R:<OmmeOO cbmlges tllat have sigoilieanl policy implications.
On }.pril11. 1995, Council approved • Budget AmendmeoI Ordinance (BAO) 10 fund !he City of PaJo
Alto's poItioo of. North CounJy Fire SerVices Consolidation Study (CMR: 201:95). Sinoe!bat tinH:.
!he governing Ilodies of all roOlr juri3dktioru; have app!oved !heir share of!he funding foe !he study.
The otIaclJed agreement establishes !he conditions of the study includ"mg !he fOllowing key
considcJatWns:
I. COOlJllellCemeDt an<! T ermimItion of Agreement
2. Pwpose and Objectives
3. Management and Orga.'linItion
4. Financial }vI'..atters
S. Other GcneraI ProvIDons
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The 1P A estabIisbes I "PaEty C<>mmitt",' composed of equal ."."...",!4!ion from the four jurisdl«joos
10 carry <JOJI the p<ovisions of the agreement All mat\<" requiring a<.'ti<1n by the P~licy Committee
~ IlIDJIDimollS offinnativc vott. Palo Alto MIl 5efVe as the $Itldy A<lminlstratc<.
FlSC A ' IMPA.O
The IoIal cost of the study "iII no(.,..ceed $60,000. The jurisdictions involved win share C<{uaIly in the
filial cost of the study. As previo<!Sly indicated, the City of Palo • .tJto •• share of that cost will _
u=dS1S,OOO.
This projccl is categorically cxempl \lndcr aas. 6, Information C<>!le<tion.
PREPARED BY: Ruben Grijalva, Fir. Chlof
A1Iachmcnts:
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AQUIDmNT AXOlil'C3 '1'1!:B CITY OF PALO Al:.'1'O. 'I'D
CITY OP JIOOIiTAIJI VIn. 1'lDI eIn OP LOS AL'l'08.
AlII) TlDI LOS AL'l'08 COOIITr PUll PllOTBCTIOIII
DISTRICT ESTABLISKIHG A DORTa ~ PllllI
SDVICBS COI!SOL IDATIOir S'l'ImY TlCtOOGll A JODrl
EXERCISB OF POWBRS
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THIS AGR.EEMENT is made and entered into on 6
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1995, by and ~tween the City of Palo Alto (-Palo A1to·)~ the City
of Mounta.in View ("Mountain View";. the City of Los aUtos .-Los
Altos·}. and the .Los Altos Count.y .Fire Protection Diatrict. a
California fire pr~ectiOD district (-District-) •
• I r • ISS I T II
};''HE'P..EAS.. the parties have c.ete:rndned t.hat [ncreaeing
fiscal eocs~raints ~oupled Yith higher service level demands for
fire suppression and related services (emergency medical system
eervices 6 fire prevention.. fire inveatigatioo, rescue and disaster
preparedness 6 and envirorunen·tal and "hazardous materials :nanagen-.ent
and response programs} req~ire each jurisdiction to consider more
effecth'e and efficient. ways to provide su-ch services; and.
WHEREAS ... · the parties desire to jointly study the
"~eDcial tor some for.m cf consolidation or s~~~ing of resour~es
f~r the ~cvisioo of such fire services: and
WHER..B.AS ... each of the parties is enpowered and aut.horized
to cooduct such studies and to do all of the other t.hings
authorized and agreed to under this agreement; and
WHEREAS~ ~he parties desir9 to enter into an agreement
pursuant to Chapter 5 .. Division 7 o-f Title :I o·! the -California
Governmen·t Code 6 cOIII!>encing wi.th Section 65-0-0 (the ·J:foA 1alll"} #
authorizing the join·t exercise of pavers held in CO£!U\OC. bEtween and
amocg the parti~s6 to conduct a study of consolidation or resource
sbaring among t.he parties in the area of fire supprEssion and
related services !the ·consolidatioa Study'l; and
~I the parties contemplate that the Consolidation
Study will serve the territory new or hereafter included within and
in proximlty ~o tbe political bocndaries of any party hereto 6 as
well as any area wh!ch6 during the term of the agreement. ~ay be
served "b-.i any party hereto t.y contract; and
WHEREAS 6 the governing body of each party hereto has
detenr.i.z!ed tbat t.here Is a. need for such a Consolidation Study and
that the Consoltdation Study might result in a financial saving and
iJrproved service to that party and 1II'ill be in the public interest;
NOW. Th"EREFOU, in considel.-a.tion of their mut\lal
covenants .. the parties beret.o do hereby agree as tOl.10ws:
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ARTICLB I
CQIlIDftoc.ement and. Terminatipn of Agreement
1. Effective ljpte And Termination pate This agreemen~
s~l become effective on the date first hereinabove vritten~ which
-«.'tate ehall be the date on which the lest party signed the
iLgreP.~zr.en,t. This agreement shall terminate upon the completion of
the Consolidation SttJdy and a11 associated cost. aco,·xmtlng.
2.. Xl tMraw,l from 'sreemep't Any party to ~hi.s
agreement may withd.raw frClm participatioo in the Conso11dation
Study at any time before its canpletion upon providing wr:l,tte.c.
notice of withCrawal to each ot.ber party.. The financial
OOQsequences of ~thdrawal are stated in Article TV b~reof.
ARTICLB II
Puxpoee and Qbjectives
1.. ~.ae..... The parties shall partici,!='-ate joiIltly in
the mar~er and to the extent hereinafter specified. in the study
(jefinitioo,l COOS\lltant selection .. contract mar..agement ... and a.nal:ysis
of ~oosultant recommendations comprising the Consolidation Study.
The specific purpose fer t.he Consolidation Study fa .to jointly
study the ~entlal fO& consolidation or resource sharing among t.he
parties 1n the area of fire suppression and relat.ed se::nrlces
(emergency medical system services.... fire prevention.. fire
imresti.gat1ool" and ha.za.rOOus materials manageme:Gt and response
programs).
2.. Qbjectiyes The Objec~ives of this agreement are to
jointly study the P'X'entlal for in<:reased efficiency and
effectiveness of the parties· respective fire suppression and
related services t.br~~gh OODsolldation and/or resourc~ eharing.
]>.P::rrCLl! III
ManagEment aM Orgapization
1.. pecifl;on Making AutWxJt¥ This agreement
memoria.lizes t.he j"oio.t effort. of t.he parties to carry out the
purposes and Objectives set forth herein; and DO separate entity
shall be created hereby, nor shall t.h.ere be created a board of
directors. Oay-tc-day operat.ion and management of t.his joint.
effo-rt will be handled by the Policy Cocmrittee and Administrator ...
respectively, in accordance vith the proviSions of this article.
All decisions .-ade pursuant to t.hls agreell"..ent which require
approval of ~he parties not delegated expressly or by i~licatioo
to the Policy Committee or the Administrator shall be evidenced by
affirmat.ive vote of t.he governing body ct each party t.o the
agreement_
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2. polic:,y Cgmnittee. There 15 hereby established a
PoUcy Committee ('!'olicy COlTmittee') composed of the City Manager
or designee of Palo Alto, the City ~ger or designee of ~tain
View. the City Manager or designee of Los A1tos~ and the Chairma~
-Of the Board of Directors of t.he Dietrict or & designee. Each
I'clicy Committee member shall ~signate an alternate who shall have
the power toO vote in the place and stead Qf such person~ The
Policy Committee shall act in an advisory capacity to the parties
concernIng the Consolidation Study and sl'o..all have such ether
functions as are specified in this agreement or are delegat~ to it
by the parties _ All matt~rs requiri"3 action by the COormittee
shall be evid:e.ru:ed by a unanimous affirmative vote of all members
of t.be COifIl'I'.ittee ... -unlesS' otherwise herein specified.
3. 'r.,enera) Mminlstration aM Operation Palo Alto
shall be the General Administrator (·AdrrSnistrator·) cf the
Cons~11datlOQ Studyr In connection tberevith Palo ~to e~~ll:
a. Maintain records of all revenues and
expenditures incurred in connection vith the operation of the
Consolidation StllC:Y ..
b. Maintain all recot."ds in audit-able form a.'1d make
-t.hem available: t.o the parties upo!l request_
c~ Act as depository -of any and a.11 monies
received from any source for the ir.plementation of this agre~~nt.
1:0 this regard, the Oirector of Finance of Palo Alto shall be
responsible upon an official bon&: tor the safe keepiog and
diSbursetne..""lc of a11 said mOoles. provid.ed, that Palo Alto :may se1.f
insure for this liability.
d. Provide each
Consolidation Stu<ly in the format
~~ttee may detersdne.
pa~ty Yith reports on the
and at such time as the Policy
e. Act as administering agency pursuant to section
~S06 of the Government COde.
4.. Eix;pensps of Consnl tact Stidd)' "drain; atratru:..... All
expensea cot t.he Administra.tor in performing the duties of the
A:!ministrat-or specified in this agreernen.t ahall be absorbed by Palo
Alto without. recourse from t.he financIal contributions of the
pa1'ties t.o this agreement.
ARTICLE IV
1. finanr:i"J Cldltribut{on of the Parties tn Cost Qf
CooSol;datioo st:lXly. Upon execution of this agreement, t.he parties
shall each pay the amount of $15~~O~ to the Administrator towards
the cost of retaining the consultant to CQndu~t the Consolidation
Study. Aa .of the date of execution o-t t.his agreernen-t,. each party
repres~nts that the respective eurr~ of ~15s0~ each have been set
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aside by previous actions of t.heir governing bodies a..t!o'j have been
irrevocably oommltted for the purposes set forth in this article.
2.. procedure for Preparation of Cpnsu1tant COntract
Specfffcationg Under the direction of the PolIcy C~tteer the
Administra.tor shall prepare.,' or cause to be prepared.,
specifica~iOQS tor the consultant contract to be executed pursuant
to this agreemen,t. The COCitract specifications ehall be approved
. by t.he polley Committee prior to issuance of a request for
proposals from prospective consultants.
3. S£!'e!"'tian of Con511'tant The Administra.tor shall
issue ~he requeat for proposals from prospective consultants upon
approval of the contract. specifications by t.he policy Committee.
All proposals responsive to t.he request shall be evaluated by the
Polf.cy COmmittee.. which shall either approve selection of a
consultant or shall authorized relsallaDce of a request for
proposals based upon the same contract specifications or an amended
form of contract specifications.
0\. ConSUltant Contrart laQrnin1etration Upoo selection
of a consultant by the Policy Commj~tee# the Administrator shall
exec\Jte a contract with that consult-an·t. The Administrator shall
thereafter monitor the performance of the consultant and report
"periodically on contract performance to the Policy Committee.
s. Acceptance aM analysis Of COpsul tant Report Upon
completion .of the coneultantls report .. the Administrator and
OOCBultant shall present the report in a meeting with the Policy
C¢mmittee, which_shall develop an analysis and recommendation to
the parties" -goVerning bodies of t.he polIcy implications o·f the
study-. The Policy Coami ttee shall consider and approve the report
(or direct t.he Admtnlstrator to require modifications to t.be
report). and the Policy Cocrmittee shall develop policy
re~endations to be made to the parties to this ~greement as a
resule of the Consolidation St~y.
ARTICLE V
Fipan£ia1 Matters
1. CppslI'tant Cost Accouptinv
Palo Alto sl"t.all Irake available to each ocher party
at any reasonable time ... at Palo Alto City Hall .. all records,.
~nts., c~ter files., data .. aDd accounts of whatever kind of
f~rmat Which may be required to analyze and verify the actual cost
of ~ Consolidation Study. If any party disagrees with ~he actual
cost as determined by palo ~to.. the stafts of all parties shall
meet and confer regarding t.he actual cost. If the parties tail to
agree., the parties may arbitrate the matter puisuan·t to the
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prc~181ons of ~his agreement.
2. Return of pp~]!;piende" PinenciAI Cootrihutioos· Upon
comPletion of the consultant contract.. tbe Administrator shall
distribute to each party on ~ propor~looate basis any unexpended
financIal contributions made by the parties.
3. EeimhuOlewmt" .. .J'Ipoo Sarly Termination If any party
to this agreemeo~ withdraws fr~ tbe agreement, such party shall
not be entitled to reiMur,emellt of any funds previously paid
pursuant. to this agreemen,t except as specifically agreed to by the
~rning boards of the remaining parties to the agreement.
ARTICLE VI
r~neral Prqyjs1pna
1a Notices All notices required or given pursuant to
this agreeme:J.,t shall be deemed sufficiently given if in writing and
if eitber personally served upon, or mailed by registereCS or
certified mail to the Clerk of the governing body of the receiving
party_
2. Settlement of pispntes or cootroyemiea Should any
di&pU,te or controversy arise in connection with this agreement, the
governing bodies of the disputing parties may elect to arbitrate
the di~te Qr controversy in accordance with tbis paragraph. In
the event of such election, the governing body of each party to the
agreement may appoint or designate one disinterested person as an
arbitrator. In the event: an even number of arbitrators is cbosen~
~he arbitrators chosen by the parties shall choose an additional
arbitrator. The arbitrators BO chOsen shall a.:t: as a board of
arbitrators in connection with any such dispute o-r con-troversy. and
the decision of the arbitrators, approved by a majority vote of ~he
elembers of the board of arbitrators.. shall be binding and
cooclusive upon all parties to the agreement.
3. 'KOOjficatipn Of Agreement,.,. No term, provision .. oZ;
condition .of this agreement: shall be altered .. amended. or depart.ed
from or be held or construed t.o have been waived except-by t-he
unanimous agreement and consent of all part{es specifically
authorizing such alteration, amendment. or waiver.
... Viability All loss or liability incurred by any
party to this agreement resulti.ng from claims, demands .. or actions
ariSing out of this agreement shall be shared pro rata by t.he
parties. and each party waives any right to seek apportionment on
any other basis.
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IN WiTNESS WHEREOF. the parties bereto have cau~ed ~hls
agreement to be executed on the date first hereinabove vritten~
CITY OF PALO ALTO:
By:
Mayor
ATTliS'l':
City CIerI<
APPROVED AS TO FORM:
Senior Aset~ City Attorney
APPROVED:
Assistant city Manager
Fire Chief
Director of Finance
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APPROVED AS TO CONTlnl'l':
Hush Bolden
Fire ChI"f
.Dated:
FDlANCLlUo APPROVAL:
Finanee and ~nlstrative
services Director
Pated:
APFROVED AS ro FORM,
City Attorney
Dated,
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'CITY':
CITY OF !i;X.'NTAIN VIEW.
a municipal corporation
By:
J(eviD Duggan
City Ma::'lager
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CITY OF LOS AL'l'O$:
By:
LOS ALros CO<1N'IT FIRE
PROTECTION DISTRICT
By:_-==:=-==--.,c-. Jaren ~oat., President
Board of Commissioners
ATl'BST:
District Clerk
Jl-EPROVED AS TO FORM:
. Att.orney for District
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