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HomeMy WebLinkAboutMINUTES - 06101997 - D2 ,DZ TO: BOARD OF SUPERVISORS `��•.5;..:..' Contra -. . FROM: Phil Batchelor, County Administrator Costa oi. i3 County DATE: r —• pry June 10, 1997 SUBJECT: Driver Training Simulator System SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Approve and authorize Risk Manager to sign Joint Powers Agreement with Contra Costa Community College District and Contra Costa County Municipal Risk Management Insurance Authority on the administration of a Driver Training Simulator System. 2 . Approve payments of up to $15,000 per year for two years from the Automotive Liability and Workers ' Compensation Trust Funds . BACKGROUND: Driver training simulators are effective tools to enhance driver skills and competency in vehicle operation. By using a series of scenarios designed by experts, simulators assess driver judgement and decision-making and provide key learning points for operating vehicles in a variety of situations . Law enforcement agencies find driver simulators can be important components of their driver training curriculum. Contra Costa County and the surrounding region does not have ready access to driver simulators . Most simulators are located in Southern California. In Northern California, the City of San Jose has one simulator, and the Association of Bay Area Governments (ABAG) has a mobile unit for use by its insurance pool member cities . The Contra Costa County Police Chiefs ' Association identified the need for a driver simulator to be located in Contra Costa County. The Association in partnership with Contra Costa Community College District, Contra Costa County Municipal Risk Management Insurance Authority, and Contra Costa County Risk Management requested funding from the California Commission on Peace Officers Standards and Training (POST) for the purchase of two four- CONTINUED ON ATTACHMENT: X YES SIGNATURE: __0L �i NCQ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF B ARD 0MM1 E APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON June 10 1997 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT Di st. I and Dist. V ) AND CORRECT COPY OF AN ACTION TAKEN AYES: I I. I I I and I V NOES: None AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: I and V ABSTAIN: None OF SUPERVISORS ON THE DATE SHOWN. Contact: Joseph J. Tonda - 335-1450 CC: CAO Risk Management ATTESTED June 10, 1997 Sherif f PHIL BATCHELOR,CLERK OF THE BOARD OF County Counsel S RS AND COUNTY AD TRAT R Auditor-Controller CC Community College Dist. & M382 (;q7 � Municipal Risk Management Ins. By Authority (via Risk Management) -2- quad driver training simulator systems. The simulators will be located at the Los Medanos College Driver Training Center, Sheraton Hotel, Buchanan Field Airport, in Concord. POST has joined this partnership by appropriating $500,000 for the purchase of the simulators . The money will be distributed once the partnership is formalized through an agreement. The Joint Powers Agreement sets forth the scope, terms, responsibilities and conditions of the program. It is planned to have the simulators operational by January 1, 1998 . Administration of the Driver Training Simulator System will be covered in the Joint Powers Agreement entered into by Contra Costa Community College District, Contra Costa County Municipal Risk Management Insurance Authority and Contra Costa County Risk Management. In addition to the estimated $500,000 purchase price, there will be start-up operational/maintenance costs estimated at $30,000 per year for the next two years . It is projected that by the third year, revenues will make the program self-sufficient. In the Joint Powers Agreement, the Contra Costa County Municipal Risk Management Insurance Authority and Contra Costa County Risk Management would each pay one-half of the $30,000 annual cost per year for the next two years . The primary users of the driver training simulators will be regional law enforcement personnel . The facility will be made available for drivers of fire protection, city and county vehicles . Training of private users such as emergency ambulance services will also be made available. Fees will vary depending upon the agency and department. FINANCIAL IMPLICATIONS: The appropriated charges will be paid by the Automotive Liability and Workers ' Compensation Trust Funds. It is anticipated the charges will be offset by reduced costs from vehicle accidents, workers ' compensation claims and automobile liability claims . REASONS FOR RECOMMENDATIONS: Driver training simulators are effective tools for reducing vehicle accidents . Through a cooperative intergovernmental partnership, $500,000 will be received from POST to purchase two driver training simulators for use primarily by area-wide law enforcement drivers and also for drivers of public entity vehicles . To have a Driver Training Simulator System in Contra Costa County, the Joint Powers Agreement needs Contra Costa County Risk Management as a signature to the agreement and committing up to $15,000 per year for the next two years . The Sheriff supports and endorses this agreement and expenditure. JOINT POWERS AGREEMENT BY AND AMONG THE CONTRA COSTA COMMUNITY COLLEGE DISTRICT, CONTRA COSTA COUNTY MUNICIPAL RISK MANAGEMENT INSURANCE AUTHORITY, AND THE COUNTY OF CONTRA COSTA This Joint Powers Agreement ("JPA"), dated , 1997, for the purpose of reference only, is entered into pursuant to Government Code Section 6502 by and among the following public agencies: Contra Costa Community College District ("District"), Contra Costa County Municipal Risk Management Insurance Authority ("CCCMRMIA"), and the County of Contra Costa ("CCC") hereinafter collectively referred to as the Parties. RECITALS WHEREAS, each Party to this Agreement is a public entity, corporate and politic, duly authorized and existing under the laws of the State of California, and situated within the boundaries of the County of Contra Costa. WHEREAS, CCCMRMIA provides risk pooling and self insurance for the majority of cities in Contra Costa County. The police departments of each member agency of CCCMRMIA desire to provide an advanced driver training curriculum for peace officers to increase officer safety, public safety and to reduce risk of loss. CCC operates a sheriff's department which also desires to provide its peace officers with such advanced driver training. District currently provides administration of justice JOINT POWERS AGREEMENT PAGE 1 5/30/97 J:\WPD\MNRSW\494\01\AGREE\JPA.AGR and police academy courses to law enforcement agencies and has the facilities and means to establish the advanced driver training curriculum for the benefit of all Parties. WHEREAS, due to the common purpose and geographical proximity of the Parties it is necessary and appropriate for the Parties to enter into this Joint Powers Agreement. WHEREAS, using separate equipment, resources and personnel by each of the respective Parties will result in duplication of effort, inefficiencies in administration and excessive costs, all of which, in the judgment of the Parties, can be eliminated, to the substantial advantage and benefit of the citizens and taxpayers of each Party, if the administration and management of an advanced driver training curriculum employing common equipment, resources and personnel were to be accomplished pursuant to this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Purpose. The primary.purpose of this Agreement is to develop an improved driver training program ("Program") that will be available first to law enforcement. personnel and, on a space available priority basis, to fire and other emergency vehicle operators, and non-emergency governmental vehicle operators. The purpose of this Program may be expanded in the future to include private sector JOINT POWERS AGREEMENT PAGE 2 $/30/97 J:\WPD\MNRSW\494\01\AGREE\JPA.AGR vehicle operators in order to provide additional funding and support. This would only occur with the concurrence of the Parties that law enforcement training needs are being fully met. This program will locate a driver training simulator system at District's Public Safety Training Center ("Training Center") located at the Sheraton Hotel, Concord, California. The simulators would be phased into the current driver training program. The District's Police Academy currently operates the driver training center. Driver training for fire protection, emergency medical services and government vehicle operators are in the planning stages and would be included in this project on a space available priority basis. 2. No Separate Entity Is Being Created. The Parties do not intend to create a separate public agency through this Agreement and no provision of this Agreement should be so construed. 3. Administration of Agreement. (a) The administration of the activities called for in this Agreement is delegated to and vested in an Administrative Committee. The Administrative Committee shall be comprised of (i) the Director of Public Safety and related programs of the District; (ii) the Risk Manager of the CCCMRMIA; (iii) the Risk Manager of the CCC; (iv) the Chiefs of Police of the three cities in the County JOINT POWERS AGREEMENT PAGE 3 5/30/97 J:\WPD\MNRSW\494\01\AGREE\JPA.AGR appointed by the Contra Costa County Chiefs' .Association and who are members of CCCMRMIA; (v) the Sheriff of Contra Costa County who is a member of the Contra Costa County Chiefs' Association, or the designee of each respective member. Each member shall have one (1) vote. Four of the Committee Members shall constitute a quorum-for the purposes of transacting business relating to the Agreement. All of the powers and authority established by this Agreement shall be exercised by the Committee subject to whatever rights may be reserved to the Parties pursuant to this Agreement. Unless otherwise provided in this Agreement the affirmative vote of the majority of those present and qualified shall effect adoption of any motion, resolution, order, or action the Committee deems appropriate. (b) The location of the principal office of the Committee shall be as determined by the Committee. The Committee has full power and authority to determine the initial location of its principal office and to change such location from time to time, so long as the principal office remains.within the corporate boundaries of one of the Parties. (c) The Committee shall meet at its principal office or at such other place as may be designated by the Committee. (d) The Committee may adopt rules and regulations for the conduct of its affairs that are not in conflict with this Agreement. JOINT POWERS AGREEMENT PAGE 4 5/30/97 J:\WPD\MNRSW\494\01\AGRFE\JPA.AGR (e) The Committee shall select a Chairperson and Vice-Chairperson from its members and shall appoint a Secretary who may or may not be, a member of the Committee. District shall keep all revenues collected pursuant to this Agreement in a separate interest-bearing account. The Chairperson, Vice-Chairperson, and Secretary shall hold office for a period of one (1) year. (f) Each member of the Administrative Committee shall be, at all times, an officer or employee of a Party or related to a Party to this Agreement. 1f any member ceases to be an officer or employee of a Party, a new member shall be promptly selected in the same manner as the original member. The Administrative Committee shall keep all Parties informed of the composition of the committee. A member's qualifications shall cease immediately upon that member's Party ceasing to be a Party to this Agreement. (g) District shall be responsible for administrative services. Administrative services include general accounting of funds received and disbursed, preparation of invoices for accounts receivable, and such other functions as may be required by this Agreement or the provisions of the Joint Exercise of Powers Act or any other law. All administrative and operational costs will be charged against revenues generated by the Program and District shall be repaid for its expenses by such revenues. JOINT POWERS AGREEMENT PAGE 5 5/30/97 J:\WPD\MNRSW\494\01\AGREE\JPA.AGR (h) The Administrative Committee is authorized and directed, on behalf of all Parties, to perform all acts necessary or desirable to execute and administer this Agreement including, but not limited to, approval of curriculum, approval of fees and charges for services provided to Contract Agencies. (i) CCCMRMIA. shall administer all grant programs and agreements for the purchase of equipment necessary for the Program. 4. Obligations of the Parties. (a) Initial Purchase of Equipment. The CCCMRMIA shall purchase the equipment described in Exhibit A attached hereto within the maximum price of $499,898 and shall be reimbursed from the initial California Commission on Peace Officers Standards and Training funding in accordance with the Commission action on April 24, 1997, attached hereto as part of Exhibit A. (b) Equipment Contribution/Ongoing Maintenance and Repair. CCCMRMIA. and CCC each shall make an initial monetary contribution for equipment, materials, supplies and/or other operating expenses for fiscal year 97-98 and 98-99 not to exceed $15,000 per year. For the purposes of this Agreement, the contribution of administrative support by the District shall be deemed to be $15,000 in value per year. On July 1 of each year beginning in 1999, the Parties shall renegotiate their proportionate share of the costs for operations, maintenance and JOINT POWERS AGREEMENT PAGE 6 5/30/97 J:\WPD\MNRSW\494\0IWGREDjPA.AGR annual equipment replacement. (c) Replacement Fund For Capital Expenditures. Program revenues in excess of those amounts necessary for administrative and operational costs shall be deposited in a sinking fund representing the replacement cost of the capital equipment amortized over the anticipated life of the equipment or may be used to purchase additional equipment to enhance the program as determined by the Administrative Committee. (d) Withdrawal of Party. In the event of withdrawal of any Party within the first seven years of this Agreement that Party hereby waives any right it may have to any interest in the capital equipment purchased pursuant to this Agreement and shall be liable for its proportionate share of the remaining amount due for the purchase of such equipment set forth in Exhibit A. After the first seven years, any Party withdrawing from this Agreement shall be entitled to reimbursement of its share of the residual value of the common assets of the Parties accrued pursuant to the Agreement. Shares shall be determined on an actual payment basis calculated annually. (e) Termination. Upon termination of this Agreement, the remaining supplies and equipment shall be divided between the Parties in accordance with their respective proportionate shares determined on an actual payment basis JOINT POWERS AGREEMENT PAGE 7 5/30/97 J.\WPD\MNRS W\494\O1 WGREE\JPA.AGR 02, calculated annually. (f) Ownership. The Parties shall be tenants in common and co- registered owners of the equipment purchased or contributed pursuant to this Agreement. (g) Trained Personnel. District shall use its best efforts to provide at least two appropriately trained persons at all times for the purpose of administering the program of driver training. (h) Use of equipment. It shall be the responsibility of District to store and maintain a stockpile of supplies and materials provided pursuant to this Agreement, which will be property of the Parties to this Agreement. These materials will be for the purpose of maintaining the driver training curriculum. 5. Termination of Agreement. The Agreement shall terminate as to any Party upon occurrence of any of the following conditions: (a) Notice given by any Party in writing no later than January 1 of any fiscal year of that Party's intent to withdraw from the Agreement, effective upon the close of that fiscal year. (b) Upon the mutual agreement of all of the Parties by written amendment to this Agreement pursuant to paragraph 8: 6. Liability/Hold Harmless. This Agreement is not intended to affect the JOINT POWERS AGREEMENT PAGE 8 5/30/97 J.\WPD\MNRSW\494\01\AGREE\JPAAGR legal liability of any Party to the Agreement by imposing any standard of care other than the standard of care imposed by law. (a) It is understood and agreed that neither District nor its officers or employees, is responsible for any damage or liability occurring by reason of anything that CCCMRMIA or CCC or their respective officers or employees, do or fail to do under or in connection with any work, authority or jurisdiction delegated to CCCMRMIA and CCC under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CCCMRMIA and CCC shall fully indemnify and hold harmless District from any damage or liability occurring by reason of anything done or omitted to be done by CCCMRMIA or CCC or their respective officers or employees, under or in connection with any work, authority or jurisdiction delegated to CCCMRMIA. or CCC under this Agreement. Said indemnity shall include, but is not limited to, all reasonable costs and attorneys' fees incurred in defense of any and all claims covered by this provision. (b) It is understood and agreed, further, that neither CCCMRMIA. nor its officers or employees, is responsible for any damage or liability occurring by reason of anything District or CCC or their respective officers or employees do or fail to do under or in connection with any work, authority or jurisdiction delegated to District and CCC under this Agreement. It is also understood and agreed that, JOINT POWERS AGREEMENT PAGE 9 5/30/97 J:\WPD\MNRSW\494\01WGREE\1PA.AGR pursuant to Government Code Section 895.4, District and CCC shall fully indemnify and hold harmless CCCMRMIA from any damage or liability occurring by reason of anything done or omitted to be done by District or CCC or their respective officers or employees, under or in connection with any work, authority or jurisdiction delegated to District or CCC under this Agreement. Said indemnity shall include, but is not limited to, all reasonable costs and attorneys' fees incurred in defense of any and all claims covered by this provision. (c) It is understood and agreed, further, that neither CCC nor its officers or employees, is responsible for any damage or liability occurring by reason of anything CCCMRMIA or District or their respective officers or employees do or fail to do under or in connection with any work, authority or jurisdiction delegated to District and CCCMRMIA under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, District and CCCMRMIA shall fully indemnify and hold harmless CCC from any damage or liability occurring by reason of anything done or omitted to be done by District or CCCMRMIA or their respective officers or employees, under or in connection with any work, authority or jurisdiction delegated to District or CCCMRMIA under this Agreement. Said indemnity shall include, but is not limited to, all reasonable costs and attorneys' fees incurred in defense of any and all claims covered in this provision. JOINT POWERS AGREEMENT PAGE 10 5/30/97 J:\WPD\MNRSW\494\01\AGREE\JPA.AGR (d) In the event of any dispute among the Parties involving their duties to indemnify under this Agreement, the Parties hereto agree to submit such a dispute to arbitration before an alternative dispute resolution referee with qualifications similar to those individuals affiliated with the organization known as JAMS/Endispute (J.A.M.S.). The individual referee who shall preside over any such dispute shall be selected by mutual consent of all Parties. In the event that the Parties cannot agree, then the referee shall be whomsoever J.A.M.S. shall appoint for the procedure. The Parties agree that the decision rendered by any referee shall be final and binding, and that there shall be no right of appeal therefrom. (e) The Parties agree to share equally any advance payment of fees required in order to secure the services any referee appointed hereunder. Upon the rendition by the referee of his decision, the referee shall declare one Party to be the prevailing Party. Thereafter, the prevailing Party may recover from the losing Parties all expenses previously advanced, in addition to other relief to which it may be entitled. 7. Agreement Not for Benefit of Third Parties. This Agreement shall not be construed as or deemed to be an Agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with JOINT POWERS AGREEMENT PAGE 11 5/30/97 J:\WPD\MNRSW\494\01\AGREE\JPA-AGR this Agreement by any Party hereto shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of such jurisdiction. 8. Amendment. This Agreement may be amended at any time upon the written approval of all Parties to this Agreement. 9_ Notices. Except where this Agreement specifically provides otherwise, any notices to be sent to any Party shall be directed.to the office of the Chief Executive Officer of the Party, with copies to the Chief Executive Officer of all other Parties. Executed on , 1997, at , California, by: CONTRA COSTA COMMUNITY COLLEGE DISTRICT By: Its: CONTRA COSTA COUNTY MUNICIPAL RISK MANAGEMENT INSURANCE AUTHORITY APPROVED AS TO FORM: By: Its: By: COUNTY OF CONTRA COSTA Steven R. Meyers Special Counsel By: Its: JOINT POWERS AGREEMENT PAGE 12 5/30/97 J:\WPD\MNRS W\494\O1 WGREE\JPAAGR DORON PRECISION SYSTEMS, INC. PRICE PROPOSAL May 20, 1997 I. Two (2) 4-Place Advanced Mobile Operations Simulator("AMOS") Systems: $461,800.00 1. r Eight(8)AMOS simulators 2. Two (2) instructor's console assemblies with system operating program J. California POST training programs 4. Dispatch radio communication subsystem S. Two (2) Situation Displays We provide the following: 1 Tragi: Instructor in-service training will be provided at your location for six(6) days, for a maximum of twelve(12)people, which will insure that your personnel are adequately oriented on the driving simulation system. 2. Installation: System installed at your location. 3. Warranty: One (1)year warranty on parts. 4. Shipping: All prices are F.O.B. Dock-to-Dock, Walnut Creek, California. Unloading dock must be accessible by a 48' trailer. If unloading dock is not available, arrangements will be made by the Contra Costa County Municipal Risk Management Insurance Authority. The units can be shipped on site within thirty (30) days, after receipt of a purchase order. EXHIBIT A We have predicated our proposal on the following understandings: 1. This proposal is valid until July 15, 1997, after which time adjustments may be necessary. 2. Delivery and installation to be completed prior to September 1, 1997. 3. Terms are net thirty (30) days after installation. 4. Our prices do not include any consideration for federal, state, our use taxes. 5. This will be a turn-key operation consisting of all of the above. Doran Precision Systems, Inc. thanks you for this opportunity.