FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
MEETING DATE
PREPARED FOR
PREPARED BY
SUBJECT
May 6, 2026
Mayor and Town Council
Rico Tabaranza, Chief of Police
Authorize the Town Manager to sign the Amended and Restated Agreement for Professional Services, Dispatch Services Agreement between the Town of Fairfax and the Town of Ross, and the Town of Fairfax and the Marin Community College District
RECOMMENDATION
Staff recommends Fairfax Town Council Authorize the Town Manager to sign the Amended and Restated Agreement for Professional Services, Dispatch Services Agreement between the Town of Fairfax and the Town of Ross, and the Town of Fairfax and the Marin Community College District for five years from July 1, 2026, through June 30, 2031.
BACKGROUND
Currently, the Fairfax Police Department provides dispatch services to the Town of Ross Police Department under a 6-year contract that is set to expire at the end of Fiscal Year 2025-2026, along with providing dispatch services to the Marin Community College District Police Department under a 4-year contract that is set to expire at the end of Fiscal Year 2025-2026. These contracts provided the Town of Fairfax with a total payment of $378,000 from the Town of Ross Police Department and $260,000 from the Marin Community College District Police Department, totaling $638,000 in revenue to the Town of Fairfax General Fund over the last six years.
DISCUSSION
The proposed Amended and Restated Agreement would extend the current Town of Fairfax dispatch services agreement for the next five fiscal years for both the Town of Ross Police Department and the Marin Community College District Police Department, beginning July 1, 2026, and ending June 30, 2031. It includes payment increases for each of the five fiscal years for both agencies for a total payment amount of $494,949.43 from the Town of Ross Police Department and a total amount of $494,949.43 from the Marin Community College District Police Department, as structured below:
TOWN OF ROSS POLICE DEPARTMENT
FISCAL YEAR ANNUAL PAYMENT ANNUAL INCREASE (compared to prior FY) FY 2026-2027 $81,000.00 (increase of 8% from 2025-2026) FY 2027-2028 $88,290.00 (increase of 9% from previous FY) FY 2028-2029 $97,119.00 (increase of 10% from previous FY) FY 2029-2030 $107,802.09 (increase of 11% from previous FY) FY 2031-2031 $120,738.34 (increase of 12% from previous FY) TOTALS: $494,949.43 $45,738.34 (annual increases)
MARIN COMMUNITY COLLEGE DISTRICT POLICE DEPARTMENT
FISCAL YEAR ANNUAL PAYMENT ANNUAL INCREASE (compared to prior FY) FY 2026-2027 $81,000.00 (increase of 8% from 2025-2026) FY 2027-2028 $88,290.00 (increase of 9% from previous FY) FY 2028-2029 $97,119.00 (increase of 10% from previous FY) FY 2029-2030 $107,802.09 (increase of 11% from previous FY) FY 2031-2031 $120,738.34 (increase of 12% from previous FY) TOTALS: $494,949.43 $45,738.34 (annual increases)
FISCAL IMPACT
With this Amended and Restated Agreement of Professional Services, Dispatch Services Agreement between the Town of Fairfax and the Town of Ross, and the Town of Fairfax and the Marin Community College District from July 1, 2026, through June 30, 2031, the Town of Fairfax General Fund will gain a total revenue of $989,898.86 to the Town of Fairfax General Fund.
ATTACHMENTS
A. Proposed Amended and Restated Agreement for Professional Services, Dispatch Services Agreement, Town of Fairfax and Town of Ross, General Terms and Conditions.
B. Proposed Amended and Restated Agreement for Professional Services, Dispatch Services Agreement, Town of Fairfax and Marin Community College District, General Terms and Conditions.
AMENDED AND RESTATED AGREEMENT FOR PROFESSIONAL SERVICES Dispatch Services Agreement
Town of Fairfax & Town of Ross
General Terms and Conditions
The Town of Ross ("ROSS" hereafter) and the Town of Fairfax ("FAIRFAX" hereafter) hereby enter into an agreement (“Agreement”) for the delivery of police communications (“Dispatch”) services by the Fairfax Police Department Communications Section from July 1, 2026 through June 30, 2031.
This Agreement describes the general terms and conditions agreed to by FAIRFAX and ROSS.
Through this agreement, FAIRFAX will provide normal and customary services related to the performance of public safety communications dispatching services, including, but not limited to emergency and routine calls for service, telephone answering services, radio communications, and computer data entry related to said services. These services are more expressly described in the following sections.
I. TELEPHONE, RADIO AND COMPUTER AIDED DISPATCH SERVICES FAIRFAX will receive and process all emergency telephone calls, including those received on 9- 1-1 telephone lines and on published seven digit emergency telephone lines intended for ROSS, twenty-four (24) hours per day, seven (7) days per week.
FAIRFAX will provide radio dispatch communication service for ROSS, twenty-four (24) hours per day, seven (7) days per week. This service shall consist of relaying information and requests for service to and from employees of ROSS of urgent or routine nature.
FAIRFAX shall provide twenty-four (24) hour recording of all phone calls and radio transmissions received by FAIRFAX dispatchers.
FAIRFAX shall maintain an integrated Computer Aided Dispatch / Records Management / Mobile Data System ("CAD/RMS") which ROSS employees may access to the same extent as FAIRFAX employees of equal rank and responsibility. In the use or dissemination of the information from these systems, it is hereby agreed that ROSS employees shall not violate any state law or any policy of FAIRFAX regarding the release of confidential or criminal offender record information. All data will be backed up daily by FAIRFAX.
The level of Dispatch services provided to ROSS shall be equivalent to the level of services provided by FAIRFAX for its own police services.
II. SERVICE AND MAINTENANCE
ROSS radio, telephone and computer equipment shall be maintained by ROSS. This will include the maintenance and monthly costs associated with providing a telephone connection and computer network connection to FAIRFAX. The cost of such maintenance, including, but not limited to, telephone utility costs, shall be billed to and paid by ROSS. Yearly Marin Emergency Radio Authority (“MERA”) contributions will continue to be paid for by ROSS.
FAIRFAX shall maintain all FAIRFAX dispatch console and computer equipment located in the Fairfax Police Department Communication Center.
Additional equipment requested by ROSS shall be furnished and maintained by ROSS. Additional equipment agreed to in writing by both FAIRFAX and ROSS shall be paid for and maintained pursuant to a negotiated written agreement between FAIRFAX and ROSS.
Ill. COST
The parties agree that the base cost of providing the services described in this Agreement to ROSS by FAIRFAX is determined to be the cost listed below. This determination has been mutually agreed upon by the parties.
In anticipation of beginning dispatch services on July 1st, 2026 payments shall be made as follows:
o FY 2026-2027: $ 81,000.00 (increase of 8% from FY 2025-2026) o FY 2027-2028: $ 88,290.00 (increase of 9% from previous FY) o FY 2028-2029: $ 97,119.00 (increase of 10% from previous FY) o FY 2029-2030: $ 107,802.09 (increase of 11% from previous FY) o FY 2030-2031: $ 120,738.34 (increase of 12% from previous FY) The annual amount will be billed in June of each year and due no later than July 31st of each year. In the event of termination of this Agreement prior to the end of the fiscal year for which payment was made, Ross shall be entitled to a proportional refund. During the term of this Agreement, ROSS or FAIRFAX reserve the right to mutually agree to re-open this Agreement for the purpose of a renegotiation of terms.
IV. INDEMNIFICATION
ROSS agrees to defend, indemnify, hold harmless and release FAIRFAX, its councilmembers, officers, agents and employees, from and against any and all actions, claims, damages, disabilities, or expenses that may be asserted by any person or entity including ROSS, arising out of or in connection with the activities of ROSS, its councilmembers, officers, agents, and employees pursuant to this Agreement whether or not there is concurrent negligence on the part of FAIRFAX but excluding liability due to the sole active negligence or sole willful misconduct of FAIRFAX. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for ROSS or its agents under workers' compensation acts, disability benefits act, or other employee benefit acts.
FAIRFAX agrees to defend, indemnify, hold harmless, and release ROSS, its councilmembers, officers, agents and employees, from and against any and all actions, claims, damages, disabilities, or expenses that may be asserted by any person or entity including FAIRFAX, arising out of or in connection with the activities of FAIRFAX, its councilmembers, officers, agents, and employees pursuant to this Agreement whether or not there is concurrent negligence on the part of the ROSS but excluding liability due to the sole active negligence or sole willful misconduct of ROSS. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for FAIRFAX or its agents under workers' compensation acts, disability benefits acts, or other employee benefit acts.
The obligations of the parties under this Section IV shall survive the termination of this Agreement.
V. TERM
The terms of this Agreement shall be for five (5) years, from July 1, 2026 to and including June 30, 2031, and may be terminated without cause by either party providing sixty (60) days’ notice in writing to the other party.
VI. INTEGRATION CLAUSE
This Agreement constitutes the full, final, complete and entire agreement between the parties with respect to the subject matter of this Agreement, and there are no other terms, obligations, covenants, representations, statements, or conditions except as set forth in this Agreement. No change or amendment to this Agreement will be effective unless in writing and signed by the parties to this Agreement. Failure to insist upon strict compliance with any term or provision of this Agreement will not be deemed to be a waiver of any rights under a subsequent act or failure to act.
VII. DISPUTE RESOLUTION/ATTORNEY FEES
The parties agree that they shall initially attempt to resolve all claims, disputes, or any other matters in controversy between FAIRFAX and ROSS by informal telephonic or written communication. In the event that such informal communication does not resolve any dispute, the parties agree that the dispute will be submitted to non-binding mediation, prior to either party's pursuit of any other remedies provided by law.
In the event of any dispute among the parties to this Agreement, arising out of or in connection with the provisions of this Agreement, the prevailing party (or parties) will be entitled to reasonable attorneys' fees and costs, in addition to whatever damages or other relief the injured party is (or parties are) entitled to in connection with such dispute.
VIII. COUNTERPART ORIGINALS
This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original as against any party whose signature appears thereon, and all of such counterparts will together constitute one and the same instrument. This Agreement will become binding only when one or more counterparts of this Agreement bear the signatures of all of the parties to this Agreement. A fully executed copy of this Agreement, even if bearing copies of signatures in counterparts, shall be deemed as an original and treated in all respects as an original Agreement.
IX. FORCE MAJEURE
FAIRFAX will not be liable for delays, damages, or any failure to act, due to, occasioned by, or caused by reason of federal or state laws, or the rules, regulations, or orders of any public body or official exercising or purporting to exercise authority or control concerning the services agreed to hereunder, or due to, occasioned by, or caused by strikes, terrorists, riots, civil unrest, action of the elements, or causes beyond the reasonable control of FAIRFAX. Delays dues to the above causes shall not be deemed to be a breach of, or failure to perform under, this Agreement. Appropriate steps shall be promptly taken to remedy force majeure conditions; however, no party shall be obligated to settle strikes or other labor disputes. Notice of force majeure occurrences and the details constituting them shall be provided promptly to the other party in writing.
IN WITNESS WHEREOF, the parties to this Agreement have executed and delivered this Agreement.
DATE: _________________
TOWN OF ROSS
____________________________________
Town Manager
ATTEST
__________________________
Town Clerk
DATE: ___________________
TOWN OF FAIRFAX
____________________________________
Town Manager
ATTEST
___________________________
Deputy Town Clerk
Amended and Restated Agreement for Professional
Services
Dispatch Services Agreement
Town of Fairfax & Marin Community College District
General Terms and Conditions
The Marin Community College District ("DISTRICT") and the Town of Fairfax ("FAIRFAX") (collectively, "the Parties") hereby enter into this Agreement for the delivery of police communications (“Dispatch”) services by the Fairfax Police Department Communications Section, as of July 1, 2026, ("Effective Date").
This Agreement describes the general terms and conditions agreed to by FAIRFAX and DISTRICT. Through this Agreement, FAIRFAX will provide normal and customary services related to the performance of public safety communications dispatching services, including, but not limited to emergency and routine calls for service, telephone answering services, radio communications, and computer data entry related to said services. These services are more expressly described in the following sections.
I. TELEPHONE, RADIO AND COMPUTER AIDED DISPATCH SERVICES FAIRFAX will receive and process all emergency telephone calls, including those received on 9-1-1 telephone lines and on published seven digit business or other emergency telephone lines intended for DISTRICT, twenty-four (24) hours per day, seven (7) days per week.
FAIRFAX will provide radio dispatch communication service for DISTRICT twenty-four (24) hours per day, seven (7) days per week. This service shall consist of relaying information and requests for service to and from employees of DISTRICT of urgent or routine nature.
FAIRFAX shall provide twenty-four (24) hour recording of all phone calls and radio transmissions received by FAIRFAX dispatchers. All recordings shall be retained and destroyed pursuant to FAIRFAX's records retention schedule and California law.
FAIRFAX shall maintain an integrated Computer Aided Dispatch/ Records Management/ Mobile Data System ("CAD/RMS") which DISTRICT employees with DOJ-approved CLETS access may access to the same extent as FAIRFAX employees of equal rank and responsibility.
In the use or dissemination of the information from these systems, it is hereby agreed that DISTRICT employees shall not violate any state law or any policy of FAIRFAX regarding the release of confidential or criminal offender record information. All data will be backed up daily by FAIRFAX.
The level of dispatch services provided to DISTRICT shall be equivalent to the level of services provided by FAIRFAX for its own police services.
II. SERVICE AND MAINTENANCE
DISTRICT radio, telephone and computer equipment shall be maintained by DISTRICT. This will include the maintenance and monthly costs associated with providing a telephone connection and computer network connection to FAIRFAX. The cost of such maintenance,
including, but not limited to, telephone utility costs, shall be billed to and paid by DISTRICT.
Yearly Marin Emergency Radio Authority (“MERA”) contributions will continue to be paid for by DISTRICT.
FAIRFAX shall maintain all FAIRFAX dispatch console and computer equipment located in the Fairfax Police Department Communication Center.
Additional equipment requested by DISTRICT shall be furnished and maintained by DISTRICT. Additional equipment agreed to in writing by both FAIRFAX and DISTRICT shall be paid for and maintained pursuant to a negotiated written agreement between FAIRFAX and DISTRICT.
Ill. COST
The parties agree that the base cost of providing the services described in this Agreement to DISTRICT by FAIRFAX is determined to be the cost listed below. This determination has been mutually agreed upon by the parties.
In anticipation of beginning dispatch services on July 1st, 2026 payments shall be made as follows:
o FY 2026-2027: $ 81,000.00 (increase of 8% from FY 2025-2026) o FY 2027-2028: $ 88,290.00 (increase of 9% from previous FY) o FY 2028-2029: $ 97,119.00 (increase of 10% from previous FY) o FY 2029-2030: $ 107,802.09 (increase of 11% from previous FY) o FY 2030-2031: $ 120,738.34 (increase of 12% from previous FY) The annual amount will be billed in June of each year and due no later than July 31st of each year. In the event of termination of this Agreement prior to the end of the fiscal year for which payment was made, DISTRICT shall be entitled to a proportional refund. During the term of this Agreement, DISTRICT or FAIRFAX reserve the right to mutually agree to re-open this Agreement for the purpose of a re-negotiation of terms.
IV. INDEMNIFICATION
DISTRICT agrees to defend, indemnify, hold harmless and release FAIRFAX, its councilmembers, officers, agents and employees, from and against any and all actions, claims, damages, liabilities, or expenses that may be asserted by any person or entity including DISTRICT, arising out of or in connection with the activities of DISTRICT, its councilmembers, officers, agents, and employees pursuant to this Agreement whether or not there is concurrent negligence on the part of FAIRFAX but excluding liability due to the sole active negligence or sole willful misconduct of FAIRFAX. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for DISTRICT or its agents under workers' compensation acts, disability benefits act, or other employee benefit acts.
FAIRFAX agrees to defend, indemnify, hold harmless, and release DISTRICT, its councilmembers, officers, agents and employees, from and against any and all actions, claims, damages, liabilities, or expenses that may be asserted by any person or entity
including FAIRFAX, arising out of or in connection with the activities of FAIRFAX, its councilmembers, officers, agents, and employees pursuant to this Agreement whether or not there is concurrent negligence on the part of the DISTRICT but excluding liability due to the sole active negligence or sole willful misconduct of DISTRICT. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for FAIRFAX or its agents under workers' compensation acts, disability benefits acts, or other employee benefit acts.
The obligations of the Parties under this Section IV shall survive the termination of this Agreement.
V. TERM
The terms of this Agreement shall be for five (5) years commencing on Effective Date and may be terminated without cause by either party providing sixty (60) days notice in writing to the other party.
VI. INTEGRATION CLAUSE
This Agreement constitutes the full, final, complete and entire agreement between the Parties with respect to the subject matter of this Agreement, and there are no other terms, obligations, covenants, representations, statements, or conditions except as set forth in this Agreement. No change or amendment to this Agreement will be effective unless in writing and signed by the Parties to this Agreement. Failure to insist upon strict compliance with any term or provision of this Agreement will not be deemed to be a waiver of any rights under a subsequent act or failure to act.
VII. DISPUTE RESOLUTION/ATTORNEY FEES
The Parties agree that they shall initially attempt to resolve all claims, disputes, or any other matters in controversy between FAIRFAX and DISTRICT by informal telephonic or written communication. In the event that such informal communication does not resolve any dispute, the Parties agree that the dispute will be submitted to mediation, prior to either party's pursuit of any other remedies provided by law.
In the event of any dispute among the Parties to this Agreement, arising out of or in connection with the provisions of this Agreement, the prevailing party (or parties) will be entitled to reasonable attorneys' fees and costs, in addition to whatever damages or other relief the injured party is (or parties are) entitled to in connection with such dispute.
VIII. COUNTERPART ORIGINALS
This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original as against any party whose signature appears thereon, and all of such counterparts will together constitute one and the same instrument. This Agreement will become binding only when one or more counterparts of this Agreement bear the signatures of all of the Parties to this Agreement. A fully executed copy of this Agreement, even if bearing copies of
signatures in counterparts, shall be deemed as an original and treated in all respects as an original Agreement.
IX. FORCE MAJEURE
FAIRFAX will not be liable for delays, damages, or any failure to act, due to, occasioned by, or caused by reason of federal or state laws, or the rules, regulations, or orders of any public body or official exercising or purporting to exercise authority or control concerning the services agreed to hereunder, or due to, occasioned by, or caused by strikes, terrorists, riots, civil unrest, action of the elements, or causes beyond the reasonable control of FAIRFAX. Delays dues to the above causes shall not be deemed to be a breach of, or failure to perform under, this Agreement. Appropriate steps shall be promptly taken to remedy force majeure conditions; however, no party shall be obligated to settle strikes or other labor disputes. Notice of force majeure occurrences and the details constituting them shall be provided promptly to the other party in writing.
IN WITNESS WHEREOF, the Parties to this Agreement have executed and delivered this Agreement.
DATE: _________________
MARIN COMMUNITY COLLEGE DISTRICT
____________________________________
President
ATTEST
__________________________
Clerk
DATE: ___________________
TOWN OF FAIRFAX
____________________________________
Town Manager
ATTEST
___________________________
Deputy Town Clerk