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HomeMy WebLinkAboutReso 64-1977 RESOLUTION NO. 64-77 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA . A RESOLUTION DECLARING THE COUNCIL'S INTEN- TION TO PARTICIPATE IN THE NEGOTIATION OF A JOINT POWERS AGREEMENT - PRISM PROJECT BE IT RESOLVED that the City Council of the City of South San Francisco, after having reviewed the draft of the Joint Powers Agreement Prism Project, which is attached hereto as Exhibit "A", declares its intention to participate in the negotiation of a Joint Powers Agreement for the purpose of leasing and/or purchasing, developing, maintaining and operating a countywide, computer-based criminal justice information system that shall be made available to each of the contracting parties of such a Joint Powers Agreement ~ on a participating basis. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 18thday of ~a~ , 1977, by the following vote' AYES, COUNCILMEN Richard A. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii None None I! NOES, ABSENT, " City C1 erk HII Ii ~'llll;l II DRAFT 'E'XHI'BI'T' '"A" TO RESOLUTION Nb.' '64'77 , Adopted Mau 18, 1977 JOINT POWERS AGREEMENT PRISM PROJECT WHEREAS, Government Code Section 6502 provides that two or more public agencies by agreement may jointly exercise any power common to the contracting parties, if authorized by their legislative or other governing bodies; and WHEREAS, The County of San Mateo, hereinafter referred to as the County, and the incorporated cities within the County signatory hereto, hereinafter referred to as the City or Cities as required by the context, are desirous of creating an entity which is separate from the parties to the agreement and which is responsible for the lease and/or purchases, development, maintenance and operation of a county-wide, computer-based criminal justice information system that shall be made available to each of the contracting agencies on a participating basis; and WHEREAS, the agencies which are parties to this agreement possess in common the power to lease and/or purchase, develop, maintain, and operate a computer and computer equipment: NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, the parties to this agreement do hereby mutually agree as follows: 1. PURPOSE AND METHOD BY WHICH IT WILL BE ACCOMPLISHED. This Joint Powers Agreement is for the purpose of leasing and/or purchasing, developing, maintaining, and operating a county-wide, computer-based criminal justice information system that shall be made available to each of the contracting agencies on a parti- cipating basis. Said system shall be known as the PRISM Project. The method by which this purpose will be accomplished is that an entity which is separate from the parties to this agreement will be created, which entity will be responsible for accomplishing said purpose. 2. ESTABLISHMENT OF COUNCIL. To administer and execute this agreement, there is hereby constituted an entity separate and apart from the parties to this agreement to be designated "The Council for the Participating Records and Information System for San Mateo County", hereinafter referred to as "the PRISM Council". -1- 3. POWERS AND DUTIES OF COUNCIL. The PRISM Council may take, acquire, purchase, lease, hold, own, exchange, sell, convey, release, develop, maintain, and operate computers and other equipment as may be deemed to be in the mutual interest of the parties hereto. The Council shall prescribe rules and regulations, and standards, under and by virtue of which the parties to this agreement may participate in the use of such computer and other equipment. The PRISM Council shall have the power to appoint or employ such officers, agents, and pro- fessional services and to appoint such advisory committees as may, from time to time, appear reasonable and necessary in the exercise of its powers under this agreement and shall do all other acts necessary for the exercise of the expressed common power and for~the purpose specified in Paragraph 1 hereof, subject only to such limitations and restrictions as may be set forth herein. The PRISM Council shall have the power to make and enter into contracts; to incur debts, liabilities, or obligations which shall not constitute debts, liabilities, or obligations of any party to this agreement; to acquire, hold, or dispose of property; to receive gifts, contributions, and- donations of property, funds, and services; to sue and be sued in its own name. 4. MEMBERSHIP OF COUNCIL. The membership of the PRISM 'Council shall be as follows: (a) Within 30 days after the execution of this agreement, the governing body of each contracting City shall appoint one member who shall be its repre- sentative on the PRISM Council. The representative may be a member of the governing body of such City, an officer or employee thereof, or a private citizen. (b) Within 30 days after the execution of this agreement, the Board of Supervisors of the County of San Mateo shall appoint five members who shall repre- sent the County on the PRISM Council, one member from each of. the following: Office of the District Attorney, Probation Department, Sheriff's Department, Superior Court, Municipal Court. (c) Only the members appointed as provided herein shall enjoy full membership and the right to vote in the proceedings of the PRISM Council. (d) Each member shall serve and be sUbject to removal and replacement at the pleasure of the con- tracting public agency appointing him. Upon the resignation, removal, or incapacity of any member, the contracting public agency that appointed such member shall within 30 days appoint a replacement. Each '2- r ,, i 1~ T' i l' ] member of the PRISM Council shall file with the Council a certified copy of the Resolution of the contracting public agency appointing him. The members of the PRISM Council shall serve without compensation. (e) The PRISM Council shall elect one of its members chairman and he shall preside at the meet- ings. The term of the chairman shall be one year. 5. MEETINGS OF COUNCIL. The PRISM Council shall meet upOn the call of the chairman. It shall meet at least quarterly. All meetings of the PRISM Council shall be open to the public and shall be conducted in accordance with the provisions of Government Code Section 54950, et seq. (the Ralph M. Brown Act.) The PRISM Council shall adopt appropriate rules for the orderly transaction of its business. 6. APPOINTMENT OF DIRECTOR AND EMPLOYEES. The PRISM Council shall have the power to appoint a Director, who shall be responsible directly to the Council, and may employ and engage such other persons as may be necessary in carrying out the pur- poses of this agreement. The Director'and other persons engaged shall receive such compensation as may be fixed by the PRISM Council. Except for the Treasurer designated in Paragraph 7 herein and the Controller designated in Paragraph 8 herein, none of the other officers or employees mentioned in this paragraph shall be deemed, by reason of their employment by the PRISM ' Council, to be employed by any of the parties to this agreement. None of the officers or employees mentioned in this paragraph may be members of the PRISM Council. 7. DUTIES OF COUNTY TREASURER. The Treasurer of San Mateo County shall be the depository and have custody of all the money of the PRISM Council, from whatever source. The Treasurer shall perform the functions set forth in Government Code Section 6505.5. 8. DUTIES OF COUNTY CONTROLLER. The Controller of San Mateo County shall perform the functions of auditor and controller and shall draw warrants to pay demands against the PRISM Council when the demands have been approved by the Director. The Controller shall make an annual audit of the aCcounts and records of the PRISM Council as required by Government Code Section 6505. 9. CHARGES FOR SERVICES RENDERED BY COUNTY OFFICERS. The Board of Supervisors ~of the County of San Mateo shall determine the charges to be made against the PRISM Council for the services provided by the Treasurer and the Controller under paragraphs 7 and 8 herein. -3- 10. DEBTS AND LIABILITIES OF COUNCIL. The PRISM Council shall have the power to sue and be sued in its own name. The debts, liabilities, and obligations of the PRISM Council shall not be the debts, liabilities, and obligations of the parties to this agreement. The parties to this agreement shall not be liable for any acts or omissions of the PRISM Council, its officers, agents, or employees. 11. DUTIES OF DIRECTOR. The Director shall have charge of any property of the PRISM Council. The Director shall file an official bond in the amount of to secure the performance of his duties under this agreement and the direction of the PRISM Council. 12. PROPERTY OF COUNCIL. Ail property of the PRISM Council, including any computers or other equipment, shall be held, used and replaced at such place or places as may from time to time be designated by the PRISM Council. 13. PAYMENT OF COSTS DURING FIRST YEAR. During the first year of this agreement, the contracting agencies agree to share in the costs of the PRISM Project during such year in accordance with the formula set forth in Paragraph 15. 14. PREPARING BUDGET AND SERVICING APPROPRIATIONS. The PRISM Council shall prepare and~ adopt not later than March 1 of each year a budget for the immediately ensuing fiscal year in an amount necessary to carry out the purposes of this agreement. Immediately upon the adoption of said budget, the PRISM Council shall cause said budget to be presented to the governing body of each of the parties to this agreement for the purpose of securing from said parties appropriations in accord with their obligations as set forth in Paragraph 15. 15. DISTRIBUTION OF COSTS. In consideration of the mutual promises herein contained, it is hereby mutually agreed that commencing with the fiscal year 1978-79 the cost of the PRISM Project set forth in the annual budget adopted as provided in Paragraph 14 above shall be borne by the parties to this agree- ment as follows: (a) FrOm the total amount of the annual budget, there shall be deducted any federal or state "match- ing funds" actually made available to the PRISM Council. (b) The balance of the annual budget remaining after any federal or state "matching funds" have been deducted shall be paid as follows: (i) The County shall pay 50% of said remaining balance. (ii) The Cities signatory hereto shall pay the remaining 50% of said remaining balance, said 50% to be apportioned among said Cities in accord with the following formulae: (1) One-half of said 50% to be apportioned by people units or population: (A) Total population of all contracting Cities divided into one-half of the total of the Cities' share of the budget equals a factor in cents; (B) Population of each contracting City times the factor in cents equals the share for each City. (2) The remaining one-half of said 50% to be apportioned on the basis of assessed valuation as follows: (A) Total assessed value of real and personal property in all contracting Cities divided into one- half of the total of the Cities' share of the budget equals a factor in mils; (B) Assessed value of real and personal property of each contracting City times the factor in mils equals the share for each City. (.c) For the purpose of this agreement, the total assessed valuation of real and personal property in all contracting Cities shall be the most recent such total maintained by the office of the Tax Assessor of the County and Cities. The figures used for population in each City shall be determined by a method which is mutually acceptable to all of the parties to this agree- ment. (d) It is understood and agreed that the financial obligations incurred by the County and the Cities signatory hereto under the above provisions shall be incurred annually and shall be subject to the limitation- that the annual anticipated revenue of said County and Cities shall permit the incurring of said financial obligations. (e) For the purposes of this agreement, the term "fiscal year" shall be defined as July 1 through June 30 of the succeeding calendar year. 16. TERMINATION. This agreement shall remain in force and effect until such time as a majority of the members of the PRISM Council shall agree upon the termination thereof. Any contracting public agency shall have the right to terminate its -5- membership and withdraw from the PRISM Council at any time, provided, however, that such contracting public agency shall not be entitled to any refund as to funds theretofore paid into the PRISM Council Fund as herein provided; and provided further that written notice shall be given by such contracting agency to all other parties at least 120 days prior to the commencement of the fiscal year in which it is to take effect. In the event this agreement shall terminate by election of the majority of the members of the PRISM Council, all properties then owned by the PRISM Council shall be sold and the receipts therefrom deposited in the PRISM Council's Account. The Account shall then be divided among each contracting public agency in proportion to the con- tributions actually made by each such agency during the three years immediately preceding the year in which this agreement is term- inated. 17. REPORTS. The Director shall prepare or cause to be prepared an annual report which shall include a certified audit of all receipts and disbursements from the previous year, together with an inventory of all material owned by the PRISM Council. A copy of this report shall be delivered to each of the contracting public agencies. The Director shall furnish such other reports and data as may, from time to time, be requested by the PRISM Council. The PRISM Council shall keep proper books and accounts in which correct entries of all transactions shall be made. The books and accounts shall, upon written request, be subject to inspection by any duly authorized representative of each of the Contracting public agencies. 18. METHOD FOR NEW AGENCIES TO PARTICIPATE IN AGREEMENT. Any public agency which has a common power, as set forth in Paragraph 1 of this agreement, may participate in the agreement by executing this agreement and agreeing to abide by the terms thereof, provided, the Council created hereunder by a two-thirds (2/3) vote thereof consents to the new public agency joining the PRISM Council. The PRISM Council shall prescribe the amount of money that shall be deposited by the new public agency joining the PRISM Council as a prerequisite to its becoming a member. The membership of the PRISM Council (Par. 4) shall be deemed amended upon the effective date of such new membership. 19. EFFECTIVE DATE OF AGREEMENT. This agreement shall become effective upon the execution thereof, pursuant to appropriate enabling resolutions, by the County and at least 15 Cities. 20. NOTICE FILED WITH'SECRETARY OF STATE. The Director shall, within 30 days after the effective date of the agreement or amendment thereto, cause a notice of the agreement or amend- ment to be prepared and filed with the Office of the Secretary of State as required by Government Code Section 6503.5. -6- 21. AMENDMENTS. This agreement may be amended by mutual concent in writing of all parties hereto.