HomeMy WebLinkAboutReso 96-182 - Approving the SHASCOM restated Joint Powers Agreement . � • �
RESOLUTION NO. 96- ���
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING APPROVING THE SHASTA AREA SAFETY
COMMUNICATIONS AGENCY (SHASCOM) AMENDED AND
RESTATED JOINT POWERS AGREEMENT.
WHEREAS, the original Joint Powers Agreement was established in 1990 between the
County of Shasta, the City of Redding, and the City of Anderson to provide emergency
communication dispatch services for the three entities, and was amended on January 1, 1995, and on
October 1, 1996 (hereinafter collectively called the JPA); and
WHEREAS, at the July 22, 1996, meeting of the JPA Board of Directors, all parties
unanimously agreed to allow the withdrawal of the City of Anderson, without penalty, under the
condition that the City of Anderson would continue, under any and all circumstances, to pay its
portion of the debt service of the SHASCOM building and the CAD hardware and software in
accordance with the existing debt schedule until the debt is fully paid by all three originating parties;
and
WHEREAS, the County of Shasta and the City of Redding wish to continue to work jointly
in providing emergency dispatch services by amending and restating the JPA;
NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Redding
approves entering into the Amended and Restated Joint Powers Agreement with the County of
Shasta, a copy of which is attached and made a part hereof, with the Mayor signing the agreement
on the behalf of the City and the City Clerk attesting his signature and affixing the seal of the City.
I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a
regular meeting of the City Council on the 17th day of September, 1996, by the following vote:
AYES: COUNCIL MEMBERS: P. Anderson, R. Anderson, Kehoe, Murray and McGeorge
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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DAV ' . McG GE ayor
Attest: Form App .
, ��G��� '�'�a'o l
Connie Strohmayer, Cit lerk W. Leonard Wingate ity Attorney
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SHASTA AREA SAFETY COMMUNICATIONS AGENCY
AMENDED AND RESTATED JOINT POWERS AGREEMENT
This Amended and Restated Joint Powers Agreement is made and executed by and among
the County of Shasta and the City of Redding (hereinafter jointly refened to as "Participating
Agencies").
WHEREAS, the original Joint Powers Agreement (hereinafter referred to as "JPA") was
established in 1990 between the County of Shasta, the City of Redding, and the City of Anderson
to provide emergency communication dispatch services for the three entities, and was amended
on January 1, 1995, and on October 1, 1995; and
WHEREAS, at the July 22, 1996, meeting of the JPA Board of Directors, all parties
unanimously agreed to allow the withdrawal of the City of Anderson, without penalty, under the
condition that the City of Anderson would continue, under any and all circumstances, to pay its
portion of the debt service of the SHASCOM building and the CAD hardware and software in
accordance with the existing debt schedule until the debt is fully paid by all three originating
parties; and
WHEREAS, the County of Shasta and the City of Redding wish to continue to work
jointly in providing emergency dispatch services by amending and restating the agreement as
follows:
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1.0 CREATION OF A .iOINT POWERS AGENCY. Pursuant to Chapter 5, Article l,
commencing with Section 6500 et seq. of the Government Code and effective
December 4, 1990, there was created a consolidated public safety support services agency,
hereinafter called "Shasta Area Safety Communications Agency," or "SHASCOM."
Participating Agencies assigned to SHASCOM the responsibility of dispatch and 9-1-1
or E-9-1-1 Public Safety Communications for the purpose of communication and
dispatching for public safety and emergencies in the City of Redding and unincorporated
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areas of Shasta County which are under the jurisdiction of any of the Participating
Agencies. Such agency was created and continues as a separate legal entiry as authorized
by Section 6500 et seq. of the Government Code.
2.0 PURPOSES. The purposes of SHASCOM are:
2.1 To provide dispatch services for law enforcement and fire and rescue service
providers within the jurisdictions of the Participating Agencies;
2.2 To provide a 9-1-1 public safety answering point; and
2.3 To engineer, install, provide service, maintain and repair microwave systems, and
ground-based and mobile radio systems in connection therewith.
3.0 EFFECTIVE DATE. This Agreement shall be effecrive upon execution by the County
of Shasta and the City of Redding.
4.0 PARTIES. T'he parties to this Agreement sha11 be the County of Shasta and the City of
Redding. Other parties may be added at sometime in the future with the approval of the
Pazticipating Agencies.
5.0 ASSOCIATE AGENCIES. Other agencies may contract with SHASCOM to obtain
consolidated dispatch and other services provided by SHASCOM. For the purpose of this
Agreement, these agencies shall be known as "Associate Agencies."
6.0 BOARD OF DIRECTORS. SHASCOM shall be governed by a Board of Directors
(hereinafter refened to as the "Board"). The Board shall be composed of the following:
a. Shasta County Administrative Officer;
b. City of Redding City Manager;
c. Shasta County Sheriff (or Undersheriff as designated by Sheriffl;
d. Redding Police Chief or Fire Chief (as designated by Redding City
Manager);
6.1 The Board shall have two ex-officio, non-voting members, as follows:
a. City of Anderson City Manager (or Police Chief as designed by Anderson
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City Manager);
b. Redding Police Chief or Fire Chief (as designated by Redding City
Manager);
6.2 The function of the Board shall be to set policy for the operation of SHASCOM.
Policy issues shall include, but are not limited to:
a. Approval and adoption of the annual operating and capital budgets for
SHASCOM;
b. Establish policies and procedures for expenditures for budgeted items for
SHASCOM;
c. Provide for functions of program development, policy formularion and
program management;
d. Set parameters and policies for labor negotiations;
e. Employ, direct, evaluate, and terminate the General Manager.
6.3 The Board shall meet at least on a quarterly basis.
6.4 The presence of a majority of Board members entitled to vote shall be necessary
to constitute a quorum for the transaction of business. The acts of a majority of
Board members entided to vote present at a meering at which a quorum is present
shall constitute the acts of the Board.
6.5 The Board shall do the following:
a. Annually elect a Chairperson and Vice-Chairperson;
b. Establish a time and place for regular meetings;
c. Adopt a set of Bylaws which are not inconsistent with either the applicable
law or with this Agreement.
6.6 At any Board meeting the Board may consider such matters as it deems proper for
canying out the purposes of this Agreement, provided that the Board complies
with the requirements of the Brown Act.
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6.7 The General Manager, or his designee, shall serve as the Secretary to the Board.
7.0 POWERS AND FUNCTIONS OF SHASCOM. In the exercise of the power granted
to it by this Agreement, SHASCOM is authorized in its own name to:
7.1 Employ agents and employees, establish salaries and benefits, and contract for
professional services;
7.2 Make and enter into contracts;
7.3 Incur debts, obligations, and liabilities; provided, however, the debts, obligations
and liabilities incurred by SHASCOM shall not be, nor shall they be deemed to
be, debts, obligations or liabilities of any Participating Agency;
7.4 Acquire, convey, construct, manage, maintain and operate buildings and
improvements;
7.5 Acquire, hold and convey real and personal property;
7.6 Accept contributions, grants, or loans from any public agency, or the United States
or any department, instrumentality, or agency thereof, for the purpose of financing
the planning, acquisition, construction, maintenance, or operation of facilities
and/or services. SHASCOM may also accept contriburions, grants, or loans from
other than the foregoing sources, including private foundations, organizations,
corporations or individuals;
7.7 Invest surplus money in its treasury that is not needed for immediate necessities,
as the Board determines advisable, in the same manner and upon the same
conditions as other local entities in accordance with Secrion 53601 of the
Government Code;
7.8 Purchase insurance,join insurance pooling programs andJor develop and maintain
a self-insurance reserve;
7.9 Sue and be sued.
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8.0 GENERAL MANAGER. The Board shall select and hire a General Manager who shall
serve at the Board's pleasure. The Board may enter into an employment contract with the
General Manager establishing the terrns of employment. The powers and duties of the
General Manager are:
8.1 To lead and coordinate the technical administrative responsibilities of SHASCOM;
8.2 To appoint, assign, supervise and, subject to SHASCOM personnel rules and state
laws applicable to public employees, discipline or remove SHASCOM employees;
8.3 To supervise and direct the prepazation of the annual operating and capital
improvement budgets for adoption by the Board and be responsible for their
administration after approval and adoption.
8.4 To formulate and present to the Board plans for communications and emergency
facilities and services within SHASCOM and the means to finance them;
8.5 To supervise the planning, acquisition, construction, maintenance and operation
of the communications and emergency services facilities of SHASCOM;
8.6 To attend all meetings of the Board and to assist the Secretary of the Board;
8.7 To execute transfers within major budget units, as long as the total expenditures
of each major budget unit remain unchanged; and
8.8 To consult with all the users of the Agency's services on matters relating to
SHASCOM operations.
8.9 To perform such other duties as the Board may require in carrying out its policies
and directives.
9.0 EMPLOYEES. The Board shall adopt necessary rules and procedures to administer a
personnel program for SHASCOM employees. Such rules and procedures shall include,
but not be limited to: hiring, employee status, performance evaluations, disciplinary
actions and employee rights, including rights to representation. Methods of establishing
and modifying salary and benefit practices shall also be included.
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10. FISCAL YEAR. The fiscal period of SHASCOM shall be the year beginning July 1 and
ending June 30.
11. BUDGET. For each fiscal year, capital and operaring budgets shall be proposed and
adopted which are consistent with the funding ability of the Participating Agencies.
11.1 The General Manager shall propose a preliminary operaring budget and a capital
budget to the Board on or before March lst of each year.
11.2 The budget will include an estimate of the amount each Participating Agency and
Associate Agency would be charged for services rendered during the upcoming
year based on criteria in Paragraph 13 below. These estimates will be forwarded
to the Participating Agencies and Associate Agencies for consideration as part of
their annual budgets.
11.3 Budgetary changes during the year may be approved by the Board thmugh a
simple majority vote, if the action does not increase any Participating Agency's
contribution. Any budgetary change which would increase the contribution of any
Participating Agency must be approved by the governing body of the Agency.
12. COSTS FOR SERVICES. The cost charged to each Participating Agency and Associate
Agency for support of ongoing services performed by $HASCOM shall be in proportion
to the services provided by SHASCOM to each Participating Agency and to each
Associate Agency.
12.1 The Board, upon recommendation of the General Manager, may provide for
reasonable methods of charging for SHASCOM services, as may be determined
necessary. However, any proposed method of charging for SHASCOM services
which increases the cost of any Participating Agency must be approved by the
governing body of that agency.
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13. METHOD OF PAYMENT FOR OPERATING EXPENSES. Each Participating
Agency of SHASCOM agrees to make payments for services performed on its behalf by
SHASCOM.
13.1 Each Participating Agency shall pay its share of total operaring costs in quarterly
installments before the first day of each quarter, based on quarterly billings by the
General Manager. The quarterly billing shall represent the contribution for the
following quarter for services to be provided by SHASCOM.
13.1.1 Within thirty (30) days of the end of each fiscal year, the actual financial
obligation for each Parricipating Agency will be calculated according to
the agreed upon method of charging pursuant to Section 12.1. Any
adjustment necessary to reconcile prior payments with this cost shall be
made in the next quarterly billing.
13.1.2 If a Participating Agency is delinquent in paying SHASCOM and
SHASCOM's financial obligations cannot be met as a result thereof,
SHASCOM may borrow such funds and the delinquent Participaring
Agency shall be responsible to reimburse SHASCOM for the delinquent
amount plus finance charges, interest and administrative expenses incurred.
14. SUPPORT SERVICES: TREASURER, AUDITOR AND AUDIT.
14.1 Pursuant to the requirements of Section 6505.5 of the Government Code, the
Treasurer of the County of Shasta is designated to be the depository and to have
custody of all SHASCOM funds, from whatever source, and to perform the
following functions:
14.1.1 Receive all money, including quarterly checks resulting from collection
services, for SHASCOM and place it in the Treasury of the County of
Shasta to the credit of SHASCOM;
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14.1.2 Be responsible upon official bond for the safekeeping, investment and
disbursement of all SHASCOM money so held; and
14.1.3 Pay all sums due from SHASCOM or its assigns or any portion thereof,
upon warrant when the demands have been approved by SHASCOM.
14.2 The Auditor-Controller of the County of Shasta is designated the Auditor for
SHASCOM. There shall be strict accountability of all funds and the Auditor will
report to SHASCOM all receipts and disbursements. In addirion, the Auditor will
either make, or contract for, an audit of the accounts and records at least annually,
as prescribed by Sections 6505 and 6505.5 of the Government Code. In each
case, the minimum requirements of the audit sha11 be those prescribed by the State
Controller for special districts under Section 26909 of the Government Code, and
the auditor shall conform to generally accepted audiring standards. The books of
account shall include records of assets, liabilities, and contributions made by each
Participating Agency.
14.3 The costs for services provided by the Treasurer and Auditor shall be negotiated
prior to the adoption of the operating budget for each fiscal year and shall be
included in that budget.
15. SUPPORT SERVICES: OTHER. The Board shall have the oprion of assigning to one
or more of its employees, or of contracting with a private contractor or one of the
Participating Agencies, for provision of the following services: legal counsel, general
services, garage services, office space, fueling services, parking, utilities, administrative
support, personnel, payroll and other support services. The costs for services provided
shall be negotiated prior to the adoprion of the operating budget for each fiscal year and
shall be included in the budget.
16. E-9-1-1 SERVICE. The Participating Agencies agree that SHASCOM will be
responsible for providing Emergency 9-1-1 services within each of their jurisdictions.
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17. FREUUENCIES. Each Participating Agency and Associate Agency retains the
ownership of its radio frequencies, but shall make the use of each such frequency
available to SHASCOM and each Participating Agency or Associate Agency for the
purpose of carrying out the provisions of this Agreement.
18. INDEMNITY. SHASCOM shall indemnify, defend and hold haimless the Participating
Agencies hereto and their officers, agents, servants, and employees free from any and all
claims, losses, costs or liability resulting to any person, firm or corporation or any other
public or private entity for damages of any kind, including, but not limited to, injury,
harm, sickness or death to persons and/or property from any cause whatsoever arising
from or in any way connected with the performance and exercise of its powers.
19. INSURANCE. SHASCOM shall obtain all insurance necessary for its operation or shall
maintain a self-insurance reserve for that purpose.
20. DEBTS AND LIABILITIES. The debts, liabilities, and obligarions of SHASCOM shall
not be debts, liabilities or obligations of the Participating Agencies.
21. TERM OF AGREEMENT. The Agreement shall remain in force unril one (1) of the
Participaring Agencies has withdrawn according to conditions described in Section 22 of
this Agreement.
22. WITHDRAWAL.
22.1 A Participating Agency may withdraw with no less than two (2) year's prior
written notice to the Boazd.
22.2 The withdrawing party shall continue to be financially responsible for its share of
financial obligations and liabilities incurred prior to the withdrawal date. The
withdrawing party must continue to utilize the services of SHASCOM at
approximately the same level as it did the year previous to giving the two-year
withdrawal notice, or pay a like amount to the Agency that would have been paid
if services were used.
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22.3 Such withdrawal shall constitute ternunation of this Agreement pursuant to Section
23 of this Agreement.
22.4 An Associate Agency may terminate its participation according to the terminarion
terms and conditions described in its individual contract with SHASCOM.
23. TERMINATION OF THE AGREEMENT. Upon termination of this Agreement, any
surplus money, equipment, and/or facilities shall be returned to the two Participating
Agencies in proportion to the contributions made by the Participating Agencies during the
years prior to termination. In the case of the City of Anderson, the City of Anderson will
be entitled to its proportionate share of the SHASCOM building and CAD (approximately
five percent).
24. AMENDMENTS. This Agreement may be amended by an agreement in writing
executed by both Participaring Agencies.
25. SEVERABILITY. Should any part, term, or provision of this Agreement be finally
decided to be in conflict with any law of the United States or of the State of California,
or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms,
portions or provisions shall be deemed severable and shall not be affected thereby,
provided such remaining portions or provisions can be construed in substance to constitute
the Agreement the Participating Agencies intended to enter into in the first instance.
26. NEW PARTICIPATING AGENCIES. Agencies which are not Participaring Agencies
according to Section 4.0 may become Participating Agencies provided that the Board and
the existing Participating Agencies each by majority vote, agree to accept the new party,
subject to any conditions established by the Board upon which the new membership shall
be approved.
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27. NOTICES. Any notices required by this Agreement shall be in writing and made to the
following:
If to the County: County Administrative Officer
County of Shasta
1815 Yuba Street, Suite 2
Redding, CA 96001
If to the City of Redding: City Manager
City of Redding
760 Parkview Avenue
Redding, CA 96001
IN WITNESS WHEREOF, the parties have executed this Amended and Restated Joint
Powers Agreement on the dates noted below.
CITY OF REDDING
A Municipal Corporation
DATE:
DAVID L. MCGEORGE
Mayor
ATTEST: APPROVED AS TO FORM:
CONNIE STROHMAYER W. LEONARD WINGATE
City Clerk City Attorney
COUNTY OF SHASTA
. A Political Subdivision of the State of California
DATE:
MOLLY WILSON
Chairperson of the Board
ATTEST: APPROVED AS TO FORM:
CAROLYN TAYLOR KAREN JAHR
Clerk of the Board County Counsel
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