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".
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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
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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.
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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
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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.
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21. AMENDMENTS. This agreement may be amended
by mutual concent in writing of all parties hereto.