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HomeMy WebLinkAboutReso 72-1985RESOLUTION NO~ 72-85 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION OF JOINT POWERS AGREEMENT ESTABLISHING THE SAN MATEO COUNTY NARCOTICS TASK FORCE BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Approval of Agreememt. The Agreement entitled "Joint Powers Agreement Establishing the San Mateo County Narcotics Task Force" by and between the County of San Mateo and the City of South San Francisco is hereby approved, and a copy of said Agreement is attached hereto as Exhibit "1." 2. Execution of Agreement. The Mayor is hereby authorized to execute said Agreement on behalf of the City, and the City Clerk attest his signature thereto. 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 lOth day of April , 1985, by the following vote: AYES: NOES: ABSENT: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia None Councilmember Richard A. Haffey City Clerk EXHIBIT "l" TO RESOLUTION NO. 72-85 JOINT POWERS AGREEMENT ESTABLISHING THE SAN MATEO COUNTY NARCOTICS TASK FORCE ~ THIS AGREEMENT' by and between the COUNTY OF SAN MATEO (hereinafter referred at to the "County") and those cities witb~.n .the County o~ San Mateo who become signatories to this agreement (hereinafter referred to as "the Cities" or "City" as t~e context requires)~ is made in light of the following recitals: Aw The County and' the Cities have authority to per~i~or~ Isw enforcement functions in their respective communities and desire to establish a Narcotics Task Force within the County of San Mateo whereby the parties will assist one another in the' detection~ apprehension and prosecution of drug-related criminal activity and will engage in a coordinated add concentrated effort to combat effectively drug trafficking in SaD Mateo County. B. The parties are authorized to contract with eac?~ other for the joint exercise of any common power pursuant to Government Code Sections 6500 through 6518. C.. The parties regularly employ and pay peace officers as provided in Penal Code Section 830.1. NOW~ THEREFORE,. the County and the Cities, in consideration of the mutual promises and agreements contained herein,. AGREE AS FOLLOWS: 1. Purpose. The parties are entering into this agreement for the sole purpose of creating a Narcotics Task Force whereby 1 the parties will assist one another in the detection, apprehension, and prosecution of drug-related criminal act~.vity, and will engage in a coordinated and concentrated effort to combat drug trafficking in San Mateo County° 2o Establishment of San Mateo County Narcotics Task Force. The parties hereby create an agency or entity to be known as the San Mateo County Narcotics Task Forc.e (hereinafter referred to as ~"The Narcotics Task Force~}. 71he Narcotics Task Force shall be an agen.cy or entity which is separate from the parties to this agreement and shall be responsible for the administration of this agreement. Except as provided herein, the debts~ liabilities~ and obligations of the Narcotics Task Force shall be the debts~ liabilities~ and obligations of the Agency and not the debts~ liabilities, and/or obligations of the parties to this agreement. 3. Term° This agreement shall be effective upon its execution by the County and by at least fourteen (14) cities.. This agreement shall continue in effect until terminated as provided herein~ 4. Board of Directors. The Board of Directors of the San Mateo County Narcotics Task Force shall consist of five members: The Sheriff of San Mateo County, the District Attorney of San Mateo County,-and three Chiefs of Police selected by the San Mateo County Chiefs of Police Association. The three Chiefs of Police will serve three-year terms~ except that the first three Chiefs of Police selected by the Association shall serve 2 terms of one, two, and three years, respectively~ as determined by the Association. The terms of the Board members will not commence until this agreement becomes effective. 5~ 'Duties of Board of Directors~ The Board of Directors responsible for the control~ directions and administration of the San. Mateo County Narcotics Task Force~ 'The Board will: (!) Plan, organizer and maintain the work of the Narcotics Task Force and be responsible for its oVerall operation~ (2) Advise the San Mateo County Chiefs of Police Association of all significant activities of the Narcotics Task Force. (3) Recommend the expenditure of funds to purchase evidence, information, and property necessary for the Narcotics Task Force to accomplish its objective within the limits of the annual budget of the Narcotics Task Force. (4) Approve the annual budget.of the Narcotics Task Force subject to the provisions of Section 6. (5) Appoint a Commander for the Narcotics Task Force who will serve at the pleasure of the Board of Directors. (6) Direct the. preparation of one or more manuals for the Narcotics Task Force. (7) Monitor the Narcotics Task Force performance to insure that the Narcotics Task Force operates in a manner that best accomplishes its goals and 3 objectives as directed by the Board. of Directors. 6~ Budget. The Board annually shall prepare by July 1 each year an operating budget for the Narcotics Task Force setting forth anticipated expenses, financing sources and proposed service levels necessary to carry out the purposes of this agreement.~' The fiscal year for the Narcotics Task shall be from October 1 of each year to September' 30 of the followin~ year unless the Board decides otherwise, except that the first fiscal year shall be from July 1, 1985 to September 30, 1986~ Immediately after approving the annual budget, the Board shall'recommend the budget to the governing'body of the CouDty and each of the Cities for the purposes of securing from each them contributions and/or appropriations in accordance with each party's obligation as set forth in Section 7 below. It is expressly agreed and understood~that the Board has no authority to bind any governing board to make the recommended contribution and/or appropriation an~ that this decision rests solely with each ~overning body. Each party shall deposit its monetary contribution to the budget with the County on or before October of each fiscal year~ 7~ Contribution of Parties In consideration of the mutual promises contained herein, the parties agree that they shall make the following annual contributions towards maintaining the program of the Narcotics Task Force (a) The County shall provide the full-time services of eight (8) peace officers and one (i) clerical employee. ~n addition, the County shall provide to 4 (b) the Narcotics Task Force all equipment and fixed assets currently allocated to the Sheriff's Special investigations Unit, as listed in Appendix A. The County will fUrther provide on a one-t~.me basis, seven (7) additional Yehic~es~. The Cities° financial obliga%~.on sI~ali b~ based on the budget 'of the Narcotics Task Force as established by t!~s Board and t~he numbe~ o~ participating cities. The Cit. ie$~ finaDcial obligation shall be apportioned among the participating cities in accordance with the · following formula: (1) One-half o-f the Cities' share of the budget apportioned by people units or population. (i) Total population o~ all Cities divided into one-half of the total of the Cktie$~ share of the budget equals a factor in cents. (ii) Population of each City times the factor in cents equals the share for each City° (2) 'I~e remaining one-half of the Cities' share of the budget to be apportioned on the' basis of assessed valuation as follows: (i) Total assessed val~e of real and personal property in all Cities divided into one-half of the total of the Cities' share of the budget equals a factor in mils. (ii) Assessed value of real and persona]. property of each 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 ~11 cities shall be the most recent such total maintained by the County Assessor. (d) The figures used for population in each City shall be determined by a method and from a source established by the Board of Directors~ (e) The obligations incurred by the County and the Cities under this agreement will be incurred annually. (f) Cities may provide, with the'apProval of the Board, all.or part of their annual financial contribution by providing the full-time services of personnel. The Board shall establish rules for determining the monetary value of each such City contribution of personnel. 'In no case'shall a City be entitled to a refund if the value of personnel contributions exceeds the City's annual financial contribution. 8. Treasurer and Controller. The San Mateo County Treasurer shall be the depositary and have custody of all'the money and property of the Narcotics Task Force~ from whatever source. The San Mateo County Controller shall perform the functions of auditor or controller for the Narcotics Task 6 Force. The duties of the San Mateo County Treasurer and the San Mateo County Controller shall be those set forth in Government Code Section 6505 and Section 6505.5~ 9. _S~_~riff as Property Custodian° The Sheriff is designated as the officer having charge, o~ any'property of the Narcotics Task Force. The .Sheriff shall ~ile a bond. in the amount of $5,000. This requirement may be met by one or more blanket bonds, including any bonds already provided by the County for the Sheri~f~ Ail property of the Narcotics Task Force shall. be acquired in accordance with the laws, rules, and procedures governing the acquisition of property by the County, and shall be held in the name of the County. 10 · Commander of Narcotics Task Force. The Board. of Directors shall appoint a Commander for the San Mateo County Narcotics Task Force~ The Commander will serve at the pleasure of the Board of Directors. The Commander must hold. the rank of lieutenant or higher (or an equivalent rank) in a participating agency in order to be eligible for appointment. The Commander will perform those duties set forth in the Operations Manual adopted by the Board of Directors and such other duties as may be established by the Board. The Commander is authorized to approve demands against the Narcotics Task Force in accordance with the approved budget and rules established by the Board, and the Controller shall draw warrants to pay such demands when approved by the Commander, Ail personnel assigned to the Narcotics Task Force will work under the immediate supervision and direction of the Commander and shall adhere to the rules and regulations set 7 forth in the Operations Manual adopted by the Board of Directors. Each participating agency shall be responsible for the full payment of its personnel (including the Commander) assigned to the Narcotics Task Force~ and such payment' shall be deemed to be full salary and payable to such assigned personnel on duty with t~e Narcotics Task Force. The commander will authorize overtime compensation to personnel assigned to the Narcotics Task Force in accordance with the budget. Each City and the County will be responsible for full payment of authorized overtime compensation to its own employees, however the Cities and the County will be reimbursed quarterly by the Narcotics Task Force for any such overtime payments under procedures established by the Board of Directors. Personnel assigne~ by any jurisdiction shall be deemed to be continuing under the employment of that jurisdiction.in its police department. Personnel shall serve at least two-year terms of duty at the pleasure of the Commander, with the approval by the Board~ Any personnel may be removed from the Narcotics Task Force iN accordance with rules established by the Board~ 11. _Operations Manual. The Commander will prepare, for the Board of Directors' appro~al~ an Operations Manual within ninety (90) days from the effective date of this agreement. The Narcotics Task Force and ali personnel assigned to work with the Narcotics Task Force will operate in accordance with the Operations Manual approved by the Board of Directors. 12. Peace Officer Powers. A peace officer assigned to work with the Narcotics Task Force shall be and is hereby deemed to 8 have prior consent, within the meaning of Penal Code Section 830.1 of the Chief of Police or person authorized by the Chief to give such consent, if such other jurisdic'tion is a City, or the ~Sheriff or person authorized by the Sheriff to give such consent~ · if such other jurisdiction is in County's uDiDcorporatcd areas, to exercise peace officer authority within the bouDd~aries of every party hereto, and Said peace officer is hereby empowered to act in the same manner and to exercise the same powers as amy peace officer of said party; and his action shall be governed by the laws of California and the generally accepte6 practices and procedures, for law enforcement in this County. Any duly sworn. peace officer~ while assigned to duty with the Narcotics Task Force, shall have the same powers~ duties, privileges~ and immunities in any jurisdiction participating in this agreement as are conferred upon him as a police officer in his own jurisdiction. 13o Withdrawal. Any party may withdraw from this agreement by filing written notice of intention to do so with the Chairman of. the governing board by August 31st of each year.. The rights and obligations of such party shall terminate at the end of the fiscal year in which such notice is given. The withdrawal of any party from this agreement shall in no way' affect the rights and obligations of the remaining party unless the withdrawal is by the County in which event this Agreement shall terminate. If a party withdraws from this agreement, such party shall not be entitled to the return of any funds contributed to the Narcotics Task Force nor to the return in cash or in kind of any materials 9 or supplies (other than vehicles or communication equipment) until termination of this agreement. If a party withdraws from this agreement, its employees shall cease working for the Narcotics Task Force on the effective date of such a party's withdrawal~ ~f a party fails to make its contribution of either personnel or money in accordance with SeCtion ? of this agreement~ it will be deemed to have withdrawn as of the end of the fiscal year in which it last made its contribution~ 14. Termination and DisDositio~..of Propert~. This agreement shall be deemed terminated When the number of Cities partici~ pating in this agreement is six (6) or less or when the County withdraws~ Upon termination, each vehicle and earn item of capital equipment shall be returned to the party contributing such vehicle or equipment and all other assets shall be distributed to the parties hereto in proportion to the contri- bution of the parties during the life of the Narcotics Task Force includin~ distribution to parties which may have withdrawn at an earlier date. U_Don termination, any surplus money on hand shall be returned to the parties hereto in proportion to the contributions of the Parties during the life of the Narcotics Task Force, including distribution to parties which may have withdrawn at an earlier date° i5. Termination After Three Years. This agreement shall automatically terminate .three (3) years from its effective date unless renewed in writing by the County and by at least fourteen (14) cities. Upon such termination, the provisions of Sections 13 and 14 shall apply. If the agreement is renewed, the 10 parties shall specify the new term of the agreement. 16. Notice of Agreement. Pursuant to Government Code Section 6503°5, the Narcotics Task Force shall~ within thirty (30) days after the effective date o~ this agreemeut~ cause a notice of the agreement to be prepared and filed with the Office of the Secretary of State. 17~ .Amendment, This agreement, may be amemded from tim~ to time with the consent of the parties. 18. Disclosure of Peace Officer Personnel Records. discovery or disclosure of peace officer personnel records or records maintained pursuant to Penal Code Section 832~5 or information from such records is sought, concerning any persoDnel assigned to the Narcotics Task Force, the C~ty or the County which employs the officer ~nose records are being sought wiil'be responsible for responding to the discovery or disclosure request. The Narcotics Task Force shall provide to the City or County responding any of its records necessary to respond to the discovery or disclosure request. Any party may agree that another party may respond to such a request. 19~ ~iability for Workers Compensat~o_n Benefits° Any person assigned to the Narcotics Task Force under this agreement shall. be deemed to be continuing under the employmeDt of the party assigning such person~ even though such person will be working under the supervision and direction of the Commander. Any injury, disability~ or death incurred by any person while working with the Narcotics Task Force shall be deemed to have arisen out of and to have been sustained in the course of such person~s 11 employment with the party assigning him for purposes of Workers' Compensation and all other benefits. ~y person assigned to the Narcotics Task Force who sustains an injury arising out of and in the course of his work with the Narcotics Task Force shall be accorded by the party assigning him all of ~]e same benefits, including Workers Compensation benefits, which he woul~ have received if he had been acting under the immediate direction of the party assigning him. If such a person, or anyone~on bis behalf~ files a claim for workers' compensation benefits against any party~ other than the party assigning him, for an injury claimed to have been sustained'while working with the Narcotics Task Forces the party which assigned him to work with the Narcotics Task Force shall indemnify, defend, and hold har~Iess all the other parties to this agreement wit]] ~espect to such claim at no cost to such other parties. 20. Insurance. The County shall add the Narcotics Task Force to its existing excess liability insurance coverage and shall maintain such coverage in full force and effect during the life of this agreement. Said excess iiabil~.ty insurance coverage has a $250,000 self-insured retention by the County. County shall provide for the defense of any claims or litigation within the $250,000 self-insured retention. Legal representation for any such claims or litigation will ordinarily be provided by the Office of the District Attorney'. Any out-of-pocket expenses or loss, by way of judgment or settlement, arising out the operation of this agreement, within the limits of the County's $250,000 self-insured retention shall 12 be shared by the parties in accc~dance with the following formula: fifty perce~nt i50%) to be paid by the County and fifty percent (50%) to be paid by the Cities in accordance with the formula set forth in Section 7(b). Expenses shall not inc|u,le salaries or office expenses of any County employees, including any attorneys from the Office of the District Attorney. IN WITNESS WHEREOF, the parties hereto by their duly authorized representatives, have affixed their hands on this o~&~-k day of '~g~~ . 198 ~. ATTEST: '-~1 of Board COU~AN MATEO '~-~ BOARD OF SUPERVI~SOR-~-- ATTES ]~: CITY OF BELMONT ATTEST: Clerk of City Council By Mayor 'OS 13 be shared by the parties in accordance with the following formula: fifty percent (50%) to be paid by the County and percent (50%) to be paid by the Cities in accordance with the formuXa set forth in Section 7(b). Expenses shall not include salaries or office expenses of any County employees, includin,] any attorneys from the Office of the District Attorney. IN WITNESS WHEREOF, the parties hereto by their duly authorized representatives, have affixed their hands on this ~&*3 day of '~~ , 198 ATTEST: -Acting Clerk of Board COU~SAN MATEO '~--~ BOARD OF SUPERVPSORS TOWN OF ATHERTON ATTEST: By Mayor ATTEST: rk o~ City Council ~ CITY~F BELMONT., Mayor 13 ATTEST: CITY OF BRISBANE By Mayor Clerk of City Council CITY OF BURLINGAME ATTEST: By Mayor Clerk of City Council ATTEST: TOWN OF COLMA Mayor CITY OF DALY CITY ATTEST: By Mayor Clerk of City Council 14 ATTEST: CITY OF BRISBANE By Mayor Clerk of City Council ATTEST: ~lerk of City Coun~l CITY OF BURLINGAME TOWN OF COLMA ATTEST: By Mayor Clerk of Town Council CITY OF DALY CITY ATTEST: By Mayor Clerk of City Council 14 ATTEST: CITY OF BRISBANE By Mayor Clerk of City Council CITY OF BURLINGAME ATTEST: By Mayor Clerk of City Council TOWN OF COLMA ATTEST: By Mayor Clerk of Town Council ATTEST .- Clerk of/City Co. il CITY OF DALY CITY 14 ATTEST: CITY OF EAST PALO ALTO By Mayor Clerk of City Council ATTEST: Clerk of City Council CITY OF FOSTER CITY CITY OF HALF MOON BAY ATTEST: By [.!avor Clerk of City Council CITY OF HILLSBOROUGH ATTEST: By Mayor Clerk of City Council CITY OF MENLO PARK ATTEST: By Mayor Clerk of City Council 15 CITY OF EAST PALO ALTO ATTEST: By Mayor Clerk of City Council CITY OF FOSTER CITY ATTEST: By Mayor Cler~ of City Council CITY OF HALF MOON BAY Mayor CITY OF HILLSBOROUGH ATTEST: By Mayor Clerk of City Council CITY OF MENLO PARK ATTEST: By Mayor Clerk of City Council CITY OF EAST PALO ALTO ATTEST: By Mayor Clerk of City Council CITY OF FOSTER CITY ATTEST: By Mayor Clerk of City Council CITY OF HALF MOON BAY ATTEST: By Mayor Clerk of City Council CITY OF HILLSBOROUGH ATTEST: By Mayor Clerk of City Council ATTEST: er~ ck~ Cit~-Councl£ CITY OF MENLO PARK 15 ATTEST: Clerk of City?Counci~ ATTEST: Clerk oz City Council ATTEST: Clerk of Town Council ATTEST: Clerk of City Council ATTEST: Clerk of City Council CITY~.O~ILLBRAEBy ~ ~ CITY OF PACIFICA By Mayor TOWN OF PORTOLA VALLEY By .qayor CITY OF REDWOOD CITY By Mayor CITY OF S~N BRUNO By Mayor 16 ATTEST: Clerk of City Council ATTEST: il ATTEST: Clerk of Town Council ATTEST: Clerk of City Council ATTEST: Clerk of City Council 16 CITY OF MILLBRAE By Mayor CITY OF PACIFICA Mayor TOWN OF PORTOLA VALLEY By >~ayor CITY OF REDWOOD CITY By Mayor CITY OF S~N BRUNO By Mayor CITY OF MILLBRAE ATTEST: By :4ayor Cler~ of City Council CITY OF PACIFICA ATTEST: By Mayor Clerk o~ C~:y Councxl ATTEST: TOWN OF PORTOLA VALLEY By Clerk o~ Town Councll ATTEST: ~lerk of Cit~ By Bfr~.UTY CITY CL£~K CITY OF REDWOOD CITY Mayor CITY OF SAN BRUNO ATTEST: By Mayor Clerk of C~ty Counc'.l 16 CITY OF MILLBRAE ATTEST: Mayor Clerk of City Council CITY OF PACIFICA ATTEST: By Mayor Clerk of City Council ATTEST: TOWN OF PORTOLA VALLEY By Mayor Clerk of Town Council CITY OF REDWOOD'CITY ATTEST: By Mayor Clerk of City Council ATTEST: Clerk of City Council ATTEST: Clei~of City CITY OF SAN CARLOS By CITY OF SAN MATEO ATTEST: By Mayor Clerk of City Council ATTEST: Clerk of City Council CITY OF SOUTH SAN FRANCISCO By Mayor TOWN OF WOODSIDE ATTEST: Clerk of Town Council By Mayor 17 CITY OF SAN CARLOS ATTEST: By Mayor Clerk of City Council ATTEST: CITY OF SAN MATEO Clerk of City Council ATTEST: Clerk of City Council CITY OF SOUTH SAN FRANCISCO By Mayor TOWN OF WOODSIDE ATTEST: By Mayor Clerk of Town Council 17 CITY OF SAN CARLOS ATTEST: By Mayor Clerk of City Council CITY OF SAN MATEO ATTEST: By Mayor Clerk of City Council ATTEST: of City Council~ CITY OF SOUTH SAN FRANCISCO TOWN OF WOODSIDE ATTEST: By Mayor Clerk of Town Council 17 APPENDIX "A" PRESENT SIU INVENTORY 2 7 2 1 1 7 5 5 6 7 20 & 11 14 2 2 2 8 10 2 2 4 1 1 4 APPLE COMPUTERS UNDERCOVER VEHICLES SURVEILLANCE VANS BATTERY TESTER PORTABLE LOW-BAND RADIO (SUITCASE) UHF PORTABLE RADIOS SHOTGUNS POLAROID CAMERAS TAPE RECORDERS PAIR BINOCULARS BLUE RAID JACKET WINDBREAKERS RAID VESTS FILING CABINETS, various sizes STORAGE CABINETS~ various sizes PERSONAL LOCKERS OFFICE DESKS SMALLER DESKS CONFERENCE TABLES SMALL TABLES TYPING STANDS DESK CHAIRS GUEST CHAIRS TYPEWRITERS SHREDDERS SAFES BOOK SHELVES, misc sizes. KEY BOX BOARDS, bulletin, chalk etc BATTERY CHARGER BASE STATION~ low band TAPE RECORDER TRANSCRIBER 55mm CAMERAS PERISCOPESs surveillance APPENDIX "A"