HomeMy WebLinkAbout08 - First Amendment to the Metro Cities Fire Authority Joint Powers AgreementE
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June 23, 1997
City Council Agenda
APPROVED Item No. 8
TO: Mayor and Members of the City Council C 30
FROM: Timothy Riley, Fire and Marine Chief QL,
SUBJECT: First Amendment to the Metro Cities Fire Authority Joint Powers
Agreement
RECOMMENDATION:
That the City Council approve the changes to the Metro Cities Fire Authority (MCFA)
Joint Powers Agreement.
Some of the changes in the attached agreement are intended to be implemented at the
Authority's July, 1997, meeting, therefore we have been requested to obtain City
Council approval prior to July, which precludes obtaining recommendation from the
Public Safety Committee.
That the City Council designate City Manager Kevin Murphy as the voting board
member and Assistant City Manager Sharon Wood as the alternate voting board
• member as required by Section 4.2.A of the revised agreement.
BACKGROUND:
In June 1994, the City of Newport Beach entered into a Joint Powers of Authority
Agreement with the cities of Anaheim, Fountain Valley, Fullerton, Garden Grove,
Huntington Beach, and Orange for the provision of fire and emergency medical
dispatch communication services. After almost one year of operation, the MCFA Board
of Directors has recommended some changes to the JPA agreement to facilitate
improved operations and improved administrative flexibility.
The first draft of this first amendment to the JPA agreement raised some concerns with
our City Attorney. This second draft has been revised to satisfy our City Attorney's
concerns.
The changes are as follows:
The name "MetroCities" is changed to "Metro Cities' based upon an action taken
early on by the Board.
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2. A distinction is made throughout the document between Member and Board
member to clarify the powers and responsibilities between the member agencies •
and their representatives to the Board.
3. Section 1.1 is amended to add the definitions of "Administrator" and 'Board
member" and to re- letter the paragraphs accordingly.
4. Paragraphs 2.2.A, 2.2.13, and 2.2.0 were amended to reference inventories
attached as Exhibits "A," 'B," and "C" respectively.
5. Paragraphs 2.2.1) and 2.2.E were amended to refer to inventories being
maintained by the Administrator. It does not appear practical to attach these
inventories since they may change from time to time.
6. Section 2.2 is amended per Board action at their meeting of April 24, 1997, to add
Section "F" formalizing the agreement among the seven cities to share in the cost
of the CAD /RMS System. Paragraph 2.21 is amended per Board action on June
2,1997:
a. To refer to a payment and reimbursement schedule attached as
Exhibit "D."
b. To clarify that the recorded incidents are based upon those
incidents occurring during the 1995 calendar year. •
C. To add subsection 1 providing that title in the CAD /RMS System
will vest each city upon payment by in full of their fair share cost of
the system.
Section 4.2 is amended to change the membership on the Board. A potential
Brown Act problem exists for the fire chiefs even as alternates to conduct
business outside of regularly scheduled Board meetings. A temporary solution
was provided when four of the seven fire chiefs designated other City staff
members. This wording is requested to avert future Brown Act issues.
8. Section 4.9 is amended (a) to reflect the intent for the Treasurer to hold the offices
of treasurer and auditor of the Board in accordance with Government Code
Section 6505.6; (b) to address the possibility that banks may not offer interest
bearing accounts; (c) to allow the treasurer to invest surplus funds in other than
interest bearing checking accounts; and (d) to specify when the Board will
reorganize.
9. Section 6.1 C is amended to allow the payment schedule to be set by Resolution
of the Board. Currently, the method established for Member agencies to pay
equal quarterly installments does not provide the Authority with the funding it
requires at the beginning of the fiscal year. As the Authority develops a history •
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of how disbursement occur, it is suggested that the Board be given the flexibility
to adjust the payment process.
Line 17 is amended to provide that the Authority may rely on a Board member's
authorization to deposit year -end credits for their Member agency.
10. Section 6.3 is amended to provide that the Authority's Administrator rather than
the City of Anaheim is authorized to expend funds to have necessary repairs
made to damaged equipment.
11. Section 6.4 is amended to provide that the Authority's Administrator rather than
the Board may solicit bids for the repair of damaged equipment, with said Board
to then award the contract.
12. Section 7.2 A is amended to provide flexibility in the content of the budget
document.
13. Sections 7.2.A.2 and 7.2.A.5 are amended to provide that the Authority may rely
on a Board member's request to make deposits and request disbursements from
the Member specific communications operations component and from the
Member specific Communications Equipment replacement component.
A14. Section 7.3 is amended to provide flexibility for the treasurer to draw checks in
accordance with policies and /or procedures established by Resolution of the
Board and to provide a quarterly summation of such disbursements. This
flexibility is required due to the fact that the Board's meetings are held quarterly
now instead of monthly. It also provides the flexibility for the Board to change
the procedure should meeting times change in the future.
15. Section 9.4 is added to provide for penalties for failure of Members to pay
amounts due under this Agreement. The penalty assessed shall be determined
by Resolution of the Board.
16. Section 11.1 is amended to clarify that the Member agencies, not the Board
members, are authorized to amend the Agreement and to add Section 11.1 to the
Section requiring unanimous consent of the Members.
In addition to Paragraph 2.2.A- 2.2.F, the following changes were made per Board
action on June 2, 1997:
17. Paragraph 6.1.0 is amended to change Seciton 7.2.A.5 where it refers to the
capital reserve account to Section 7.2.A.4. Additionally, the word "Member" was
added tot he sentence reading "Final year -end adjustments of costs ... paid by or
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credited to each Member no later than the last day of the first quarter of the
following fiscal year." •
18. Paragraph 10.2.13 was amended to refer to capital equipment specified in Sections
2.2.A through 2.2.F and to add the other clarifying language requested by
Newport Beach.
Some additional changes are also included within this First Amended
Agreement.
19. Paragraph 4.12 was changed to add "and alternates" to clarify the filing
requirements under FPPC.
20. A new paragraph F under "RECITALS" was added to maintain an historical
record of amendments.
FISCAL IMPACT:
The changes to the agreement embodied in this first amendment are meant to facilitate
necessary administrative activities and do not create a current or future impact on our
budget.
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INTERLINEATED
• 1 Metro Cities Fire Authority
FIRST AMENDED
3 JOINT POWERS AGREEMENT
This First Amended Joint Powers Agreement, dated for
purpose of identification the day of 1997 is
6 made by and effective when fully executed by authorized
7 representatives of all of the following public entities:
8 A. City of Anaheim ( "Anaheim ");
9 B. City of Fountain Valley ( "Fountain Valley ");
l0 C. City of Fullerton ( "Fullerton ");
W 11 D. City of Garden Grove ( "Garden Grove ");
GBH 1'? E. City of Huntington Beach ( "Huntington Beach ");
F. City of Newport Beach ( "Newport Beach "); and
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W JJ F 1 -1 G. City of Orange ("Orange").
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LL 16 A. The Parties to this Agreement each provide fire
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It protection, fire prevention, rescue, emergency medical and
18 related administrative services within their respective
19 boundaries.
20 B. The Parties have determined that joint use of a
21 central communications network and record keeping system reduces
the administrative costs that would otherwise be incurred by
23 each Party in providing fire suppression, emergency medical
24 assistance, rescue service, and related services.
2'5 C. The Parties have determined that the costs
26 associated with maintaining the staff and equipment necessary to
operate a Communications Center should be funded by the Parties
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to reflect the extent to which the Parties utilize the emerg
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Communications Equipment and staff.
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D. The Parties have determined that joint use of a
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central communications network and record keeping system is also
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intended to foster cooperation among the Parties in the form of
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a separate written automatic aid agreement to consider the
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provision of emergency services by the closest available unit
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and to serve as a vehicle for evaluating other opportunities for
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joint operations.
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E. The Parties each have the power and authority to
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perform, and contract with one another pursuant to the Joint
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Exercise of Powers Act (Section 6500 et. seq. of the Government
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Code) for the performance of the duties and functions that form
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the basis of this Agreement.
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F. The Parties entered into the initial Joint Po
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AAcreement on the 1st day of July, 1996. The Parties wish to
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amend said Agreement in its entirety through this First Amended
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Agreement.
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THE PARTIES AGREE AS FOLLOWS:
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CHAPTER I
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DEFINITIONS
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1.1 Definitions
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For the purpose of this Agreement, the words or terms
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specified in this Chapter shall have the following meanings:
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A. "Administrator" shall mean the Communications
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Manager or equivalent position of the City of Anaheim.
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B.-A, "Authority" shall mean the Joint Powers Authority
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known as the Metro Cities Fire Authority, created by this
agreement pursuant to the Joint Exercise of Powers Act (Section
6500 et. seq. of the Government Code).
C. °Board member" shall mean the voting member or
alternate appointed by the governing body of each Member agency
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to represent said agency on the Board.
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D.£: "Capital Improvement Project" shall mean the
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acquisition of any piece of Communications Equipment or the
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funding of any Communications Center related project that
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requires an expenditure of $30,000.00 or more.
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E.-E- "Capital Outlay" shall mean the acquisition of
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any piece of Communications Equipment or the funding of any
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Communications Center related project that requires an
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expenditure of $500.00 or more but less than $30,000.00.
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F.-B— "Communications Center" shall mean that portion
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of any structure or physical facility that houses Communications
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Equipment and /or Communications Center Staff.
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G.-Hh- "Communications Equipment" shall mean all
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electronic equipment, including telephones, telephone lines,
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radios, computers and software located within, or connected to,
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the Communications Center and utilized for the fire or
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rescue - related emergency communications or records management of
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any of the Parties.
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H:i} "Member" shall mean any public entity that is a
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member upon the effective date of this Agreement or becomes a
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Party to this Agreement pursuant to the provisions of Section
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9.1.
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I:8- "Recorded Incident" shall mean any call for •
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service dispatched within the jurisdiction of a Member's fire
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department that generates an incident number through any
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emergency Communications Facility used by any member during any
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relevant period prior to the effective date of this Agreement
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and through the Communications Center upon the effective date of
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this Agreement or at such time as the Communications Center
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begins operation pursuant to this Agreement.
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J.44 -- "Communications Center Staff or Staff" shall mean
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all personnel of the City of Anaheim performing services related
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to the operations and maintenance of the Metro Cities
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Communication Center, or such agency or individual as may be
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appointed by the Board to perform these functions.
K.-In "Fiscal Year" shall mean the twelve month period
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commencing July 1st and concluding June 30th.
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CHAPTER II
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SPECIAL CONSIDERATIONS
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This section establishes the rationale for the
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provisions relating to funding, administration and decision
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making.
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2.1 Communications Center
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The Metro Cities Fire Authority Communications Center,
located at 201 S. Anaheim Boulevard, Anaheim, CA, was
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constructed and is owned by the City of Anaheim. Ownership of
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the real property and facility housing the Metro Cities
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Communication Center will remain solely the City of Anaheim. The
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Board may change the location of the Communication Center.
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2.2 Communications Equipment
A. Certain existing communications equipment was
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acquired through the joint efforts of the Cities of Anaheim,
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Fullerton, Garden Grove and Orange and shall be identified as
part of a fixed asset inventory system, which inventory is set
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forth on Exhibit "A" attached hereto and incorporated herein by
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this reference. Joint title to this equipment existing as of
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the date of termination or at the end of its useful life shall
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vest with the Cities of Anaheim, Fullerton, Garden Grove and
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Orange and shall be disposed of as outlined in Section 10.2.
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B. Certain existing communications equipment was
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acquired through the joint efforts of the Cities of Fountain
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Valley, Huntington Beach and Newport Beach and shall be
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identified as part of a fixed asset inventory system, which
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inventory is set forth on Exhibit "B” attached hereto and
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incorporated herein by this reference. Joint title to this
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equipment existing as of the date of termination or at the end
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of its useful life shall vest with the Cities of Fountain
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Valley, Huntington Beach, and Newport Beach and shall be
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disposed of as outlined in Section 10.2
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C. Certain existing communications equipment was
acquired by the City of Huntington Beach and shall be identified
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as part of a fixed asset inventory system, which inventory is
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set forth on Exhibit "C" attached hereto and incorporated herein
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by this reference. Title to this equipment existing as of the
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date of termination or at the end of its useful life shall vest
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with the City of Huntington Beach and shall be disposed of as
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outlined in Section 10.2
D. Title to equipment purchased jointly on behalf •
the Authority, existing as of the date of termination or at the
lend of its useful life, shall vest with the Authority and shall
be disposed of as outlined in Section 10.2. An inventory of
such equipment shall be maintained by the Administrator.
E. After the effective date of this agreement, title
to communication equipment purchased for the Communication
Center separately by individual members of the Authority shall
vest only with those individual members contributing to the
purchase of said equipment. Such equipment shall be identified
as part of a fixed asset inventory systems which inventory shall
be maintained by the Administrator. Title to this equipment
existing as of the date of termination or at the end of its
useful life shall vest with those individuals purchasing saide
equipment and shall be disposed of as outlined in Section 10.2.
F. The Cities of Anaheim, Fullerton, Garden -Grove
and Oranqe previously funded and installed a CAD /RMS Svstem, the
cost of which was $1.296.500.00 (hereinafter "Svstem ") which
forms the basis of the communications network. The Cities of
Fountain Valley, Huntington Beach and Newport Beach agree to buy
into the CAD /RMS by paving their fair share of the cost of the
System to Metro Cities in equal quarterly payments on July 1,
October 1, January 1 and April 1 or the next business day should
these days fall on a weekend or holiday, of each fiscal year
over a period of five (5) years commencing July 1, 1996 and
concluding June 30, 2001. The fair share reimbursement cost by
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the Cities of Fountain Valley, Huntington Beach and Newport
Beach shall be allocated according to the formula in Section
6.1(a) of this Agreement, using the recorded incidents of the
Metro Cities budget of 1996 -1997, which incidents are based upon
incidents occurring during the 1995 calendar year.
Reimbursement to the Cities of Anaheim. Fullerton, Garden Grove
and Orange shall be made by Metro Cities based on the amount
each city contributed to the initial purchase of the CAD /RMS
System. The Payment and Reimbursement Schedule is attached
hereto as Exhibit "D° and incorporated herein by this reference.
1. Title to the System shall remain with the Cities
of Anaheim, Fullerton, Garden Grove and Orange until Fountain
Valley, Newport Beach or Huntington Beach pay their full Fair
Share of the cost of the System. At such time as Newport Beach
Huntington Beach or Fountain Valley pay their full Fair Share of
the cost of the System, title to the System shall also vest in
that City. Upon termination of this Agreement, or the end of
the useful life of the System the System shall be disposed of
as provided in Section 10.2.
CHAPTER III
PURPOSE AND POWERS
3.1 Authority Created
This Agreement creates a Joint Powers Authority known
as the Metro Cities Fire Authority. The Authority is formed
pursuant to the provisions of Article 1, Chapter 5, Division 7
of Title I of the Government Code of the State of California
(The Joint Exercise of Powers Act)
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The Authority shall be
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considered a public entity separate and apart from the Member
Within thirty (30) days after the effective date of this
Agreement and after any amendment, the Authority shall cause a
notice of such Agreement or amendment to be prepared and filed
with the office of the California Secretary of State containing
the information required by Government Code 6503.5.
3.2 Common Powers
Each Party has the common power to, inter alia:
A. Provide fire protection, fire suppression,
fire prevention, emergency medical, rescue and related services;
B. Maintain an effective communications and
emergency dispatch system to facilitate and support fire
protection, fire suppression, rescue and emergency medical
services;
C. Employ and train personnel to perform
emergency equipment communication and dispatch services,
communication facility maintenance and the purchase of
Communications Equipment.
3.3 General Purpose
The primary purpose of this Agreement is to provide
for the operation, upgrade, maintenance and repair of the
Communications Center and Communication Equipment. This
Agreement is intended to provide a formal mechanism by which the
Authority can fund these activities to provide the highest
possible level of emergency communications services.
3.4 Powers
The Authority shall have the power, in its own name,
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to do any of
the following:
A.
To jointly exercise the common powers of the
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Members;
B.
To make and enter into contracts;
C.
To retain the services of fire suppression
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specialists,
emergency communications consultants, and such
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other persons
with specialized knowledge or ability capable of
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assisting the
Members in achieving the purposes of this
Agreement;
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D.
To acquire, hold or dispose of property by any
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lawful means,'
including, without limitation, gift, and purchase
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for sale;
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E.
To incur debts, liabilities or obligations
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subject to the limitations specified to this Agreement;
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To receive gifts, contributions, grants, and
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donations of
property, funds, services and other forms of
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assistance from any person, firm, entity, corporation or public
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agency;
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G.
To sue and be sued in its own name;
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H.
To apply for any grant or grants offered in
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conjunction with any Federal, State or local program that is in
any way related to the purpose of this Agreement;
2)
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To adopt rules, regulations, policies, by -laws
and procedures governing the operation of the Authority;
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To exercise any other power in the manner and
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according to
the methods provided by applicable laws, rules or
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regulations,
subject only to the restrictions on the manner of
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exercising such powers that may be applicable to the City of •
Anaheim.
CHAPTER IV
ORGANIZATION
4.1 Membership
The Members of this Authority shall be the public
entities which executed this Agreement or a subsequent amendment
and have not withdrawn from, or had membership in the Authority
terminated, as provided in Section 9.2 and Section 9.3.
4.2 Board
A. The Board shall consist of one (1) voting member
and one (1) alternate appointed by the governing body of each
Member agency. _the existing City Manage o- City dminictrato
a€ easli Party and as an - alternate' the Firce chig€- er- hi8J44e
designee 0
B. Each Board member shall hold office from the
first meeting of the Board after appointment and shall serve at
the pleasure of their appointing authority.
C. A Board member or alternate shall not receive
compensation, but may be reimbursed by the Authority for
expenses reasonably incurred while performing duties required by
this Agreement, and as further specified and limited by
resolution of the Board.
4.3 Principal Office
The principal office of the Authority shall be 201
South Anaheim Boulevard, Suite 302 in the City of Anaheim,
County of Orange. The Board has the full power and authority to
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change the principal office from one location to another within
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the County of Orange.
4.4 Meetings
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The Board shall meet at the principal office of the
Authority, or at such other place as may be designated by the
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Board. The time and place of regular meetings of the Board
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shall be determined by resolution. Regular, adjourned and
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special meetings of the Board shall be called, noticed and
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conducted in accordance with the Ralph M. Brown Act or other
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relevant open meeting law.
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4.5 Quorum
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A majority of the Board [Meff;�l- (or the alternate
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for any absent voting member) shall constitute a quorum for the
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purpose of transacting business relating to the Authority,
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subject to the provisions of Sections 7.1 and 7.5.
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4.6 Powers and Limitations
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All of the powers of the Authority are reserved to it
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except to the extent of powers conferred on the Board pursuant
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to this Agreement. Each Board member, or alternate in the
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absence of any voting member shall be entitled to one vote and,
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except as expressly provided in this Agreement, including
Sections 7.1 and 7.5, the affirmative vote of the majority of
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those present and qualified shall effect adoption of any motion,
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resolution, order or action the Board deems appropriate.
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4.7 Minutes
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The secretary of the Authority shall provide notice
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of, prepare and post agendas for, and keep minutes of, each
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regular, adjourned and special meeting of the Board. The
secretary shall send a copy of the minutes to each Board member
and otherwise perform the duties necessary to ensure compliance
with provisions of law including, without limitations, any
applicable "open meeting law" such as the Ralph M. Brown Act.
4.8 Rules
The Board may adopt rules and regulations for the
conduct of its affairs that are not in conflict with this
Agreement.
4.9 Officers
The Board shall select a chairperson and vice
chairperson from its members and shall appoint a secretary who
may, but need not, be a member of the Board. The treasurer of
the City of Anaheim shall hold the office of treasurer and
auditor, in accordance with Government Code Section 6505.6. JS
shall perform the duties as authorized in Section 6505 et sea of
the Government Code. The treasurer shall cause an independent
audit to be made by a Certified Public Accountant in compliance
with Section 6505 of the Government Code. The Certified Public
Accountant shall be annually appointed by the Board. [The
appointcri her t-hQ Board, and shall a;f:Q the .i..t: ._F t1...
auditor, as authorized in .geLtinnc 6qn(-, ct ca of the (_nircrnmont
Lode, I The treasurer shall keep all revenues of the Authority
in a separate r:..to7ceRr Lear -Ing! account, and, if available, an
interest bearing account, and otherwise perform the duties and
responsibilities of that office as specified in Sections 6505 et
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seq. of the Government Code. Any surplus funds not immediately
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needed may be invested in accordance with Government Code
Sections 53601 53635 16429.1 and 53684, as may be amended.
The chairperson, vice chairperson and secretary shall hold
office for a period one year, or until a successor is appointed.
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The Board shall reorganize annually at its first meeting of the
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new fiscal year.
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4.10 Bond
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The treasurer, auditor and such other persons who may
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have access to, or handle, any revenue of the Authority shall be
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required to file an official bond in an amount determined by the
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Board and consistent with the provisions of Section 6505.1 of
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the Government Code. This bonding requirement shall be
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satisfied if an existing bond is extended to cover the duties
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required by this Agreement. The costs of complying with the
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requirements of this Section shall be considered an
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administrative expense of the Authority.
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4.11 Status of Officers and Employees
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In accordance with the Joint Exercise of Powers Act,
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all of the privileges and immunities from liability, exemptions
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from laws, ordinances and rules, and all pension, relief,
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disability, workers compensation and other benefits which apply
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to the activities of officers, agents, or employees of any of
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the Member's agency when performing their respective duties or
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functions for that agency, shall apply to each of them to the
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same degree and extent while engaged in the performance of any
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activity, function or duty pursuant to this Agreement.
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4.12 Fair Political Practices Act •
The members of the Board and alternates shall be
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considered public officials within the meaning of the Fair
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Political Practices Act of 1974, as amended, and its
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regulations, for the purposes of financial disclosure, conflict
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of interest and other requirements of such Act and regulations,
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subject to contrary opinion or written advice of the California
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Fair Political Practices Commission.
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CHAPTER V
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BASIC SERVICES
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5.1 Communications Center -- Operations
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A. The Communications Center shall be maintained and
operated by the Authority, pursuant to this Agreement, for the
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use and benefit of all Members. The Communications Manager, or
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equivalent position, of the City of Anaheim shall be the
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Administrator of the Communications Center so long as Anaheim
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operates and administers the Communications Center.
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B. To provide for such maintenance and operations,
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the City of Anaheim will, through use of City of Anaheim
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employees, provide all services required to operate, maintain
21
and administer the Communications Center. The Authority shall
))
pay the actual costs of such operation and administration, plus
?;
an administrative overhead fee. The costs of such operation and
24
administration, including administrative overhead, shall be
5
borne by each Member according to its fair share percentage as
26
determined pursuant to Section 6.1 hereof.
27
C. The Authority is empowered to develop policy to
8
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establish the service levels for the Communications Center
operation and maintenance.
3
D. Communications Center employees shall be governed
4
by the same personnel rules, regulations, Memoranda of
5
Understanding, administrative regulations and other related
6
matters as apply to other employees of the City of Anaheim.
7
Recruitment, position classifications and descriptions, hiring,
8
discipline, promotion, and other employee - related functions
9
shall be determined solely by the City of Anaheim.
10
E. Anaheim will determine the procedures and
11
standards of selection for employment and promotion, direct its
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employees, take disciplinary action, relieve its employees from
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duty for legitimate reasons, maintain the efficiency of
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communications operations, determine the methods, means and
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personnel by which it will meet the service levels established
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by the Authority.
17
F. Anaheim may elect to discontinue providing
18
services for the operation and administration of the
19
Communications Center by giving notice of such election in
20
writing to the Board a minimum of six (6) months prior to such
21
cessation. In the event of such discontinuance by Anaheim, the
22
Board may appoint another Member as the administrator or
23
contract with another provider of such services. Should
2;
Anaheim's services as operator and administrator of the
5
Communications Center terminate, use of the City of Anaheim's
26
facilities shall also terminate unless a separate use /rental
27
agreement is approved. Anaheim's election to discontinue
.
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providing services set forth herein does not constitute •
Withdrawal from the Authority.
G. The Board may elect to terminate Anaheim's
(services as operator and administrator of the Communications
Center by giving notice of such election in writing to Anaheim a
minimum of six (6) months prior to the date of such termination.
In the event of such termination, the Board may appoint another
Member as the administrator or contract with another provider of
such services. Such termination of Anaheim's services does not
in and of itself constitute either Withdrawal or Termination of
Anaheim from the Authority. Should Anaheim's services as
operator and administrator be terminated by the Board, use of
the City of Anaheim's facilities shall also terminate unless a
separate rental /use agreement is approved.
H. Each Member acknowledges that the City of Anah&
owns the property (land and facility) on .which the
Communications Center is situated at the time of the formation
of the Authority. Rental costs, depreciation and other factors
relating to use of this property are not currently included in
either the administrative overhead fee or the costs of services
provided by Anaheim.
5.2 Maintenance of-Equipment
A. The Authority shall maintain and repair all
Communications Equipment, including, without limitation,
telephones, radios, computers, hardware, software, electrical
systems and all related mechanical devices or facilities other
than equipment which Members are required to install pursuant to
•
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•
1
provisions of Subsection C.
B. The Authority shall purchase new or used
3
Communications Equipment as necessary to replace existing
1
equipment or upon a determination by the Board that new or
5
additional Communications Equipment will facilitate emergency
6
communications.
7
C. As a condition to receiving emergency
8
communications services, each Member shall install and maintain,
9
the following equipment in each fire station, rescue facility,
10
or related mobile unit as maintained by the Member:
11
1. A station direct telephone line with handset
o12
originating at the Communications Center or a personal
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Alpha /Numeric pager for each unit.
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2. A station vocal or paging line and speaker
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originating at the Communications Center.
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3. A minimum of two emergency telephone
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reporting trunk lines terminating at the Communications Center.
18
4. One mobile data computer terminal or status
19
message device in each operating fire company or rescue unit.
20
5. Other equipment which the Board determines
21
to be necessary to maintain an effective communications network.
Each Member shall pay the costs of installing,
23
maintaining and repairing the Communications Equipment it is
21
required to provide pursuant to this Paragraph. All maintenance
2)
and repair of hardware and Communications Equipment which are
26
physically connected to the Communications Center shall be
2i
coordinated through the Communications Center Management.
•
28
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D. Subject to prior Board approval, any Member mae
install special Communications Equipment or extra telephonic
3
equipment provided the installing Member pays all the equipment
and installation costs. The Board may approve Member's requests
for installation of special equipment only on a finding that
6
neither the Authority nor any Member will incur any additional
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cost and that installation of the equipment will have no adverse
8
impact on emergency communication capability.
9
E. Each Member shall provide the Authority with
10
mapping 'and related emergency dispatching information necessary
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for the efficient deployment of fire units and manpower. Each
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Member shall continually update mapping and deployment
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information and provide this information to the Authority and
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each member as appropriate.
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F. Each Member shall be responsible to provide a
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back -up emergency dispatch system to provide alternative
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emergency communication services within that Member's
18
jurisdiction in the event Communications Center systems at the
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Communications Center are disabled or inoperative.
20
CHAPTER VI
21
FUNDING AND ADMINISTRATION
22
6.1 Funding
23
Each Member shall pay a portion of the costs incurred
i
by the Authority in providing the services described in .Section
5.1. Each Member's share of the costs incurred by the Authority
26
shall be based upon that Member's "fair share percentage" which
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shall be determined in accordance with the provisions of this
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• 1 Section. The number of Recorded Incidents attributable to each
2 Member represents the most equitable basis for determining that
3 Member's share of the costs incurred by the Authority.
A. The contribution of each Member shall be based
upon the number of Recorded Incidents attributable to each
(i Member, divided by the Recorded Incidents attributable to all
7 Members, during the calendar year preceding the fiscal year for
8 which that Member's fair share percentage is being calculated.
9 Once determined for any fiscal year, the Member's fair share
10 percentage shall remain unchanged. The following is the formula
W 11 pursuant to which the fair share percentage will be calculated:
l? RECORDED INCIDENTS
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ATTRIBUTABLE TO A MEMBER (DIVIDED BY)
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RECORDED INCIDENTS
=o ;i�: 14 ATTRIBUTABLE TO ALL MEMBERS (EQUALS)
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0[5 1'5 MEMBERS FAIR SHARE PERCENTAGE
o16 B. Each Member's contribution to the budget shall be
It' determined by multiplying that Member's fair share percentage by
18 the amount of the budget or budgetary component.
19 C. The Administrator, or his or her designee, - jc-lty
20 ^f n� :aham_ shall invoice each Member agency [- Pe- quarta= of
21 that %"& that agency's total fair share percentage of the
22 budget b=* the beginning of Tull', QGtobsrz, dapuar7 —aid April e€
?; Laarhl fi-Roal ,-1 in accordance with a payment schedule set by
?a Resolution of the Board. [Each M, wbe - shall .. ,.,; bill
5 qr-G ptl,. and {f-1.;.. th-J -ty (39) Glay- after receipt thoNoof l
26 Final year -end adjustments of costs representing the difference
27 between estimated annual expenditures and actual annual
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B. Anaheim's City Attorney's Office will serve as
general counsel to the Authority to provide routine legal
counsel services required from time to time. Extraordinary
legal services (for example, Anaheim's time and expense or the
expense for outside counsel in connection with a lawsuit against
the Authority, its officers, agents, employees, representatives
and volunteers providing services to the Authority) constitute
additional expenses and are not covered by the administrative
overhead.
6.3 Emergency Repairs
In the event the Communication Center or
Communications Equipment suffers damage which interferes with
emergency communications services, the Administrator sr ^f
"paheiwT is authorized without prior Board approval to expend
the funds to have the necessary repairs made so that services
are resumed as soon as possible
6.4 Capital Improvements- Funding
In the event the Communication Center or
Communications Equipment suffers damage and the cost of repairs
exceeds sums designated for repair in that component of the
budget and any reserve fund, the Administrator -— shall
promptly solicit bids for the repair of damage from at least
three (3) responsible firms. -[-�The Administrator shall then
Present said bids to the Board to award the contract to the
lowest responsible bidder and to direct the accepted responsible
bidder to make the repairs as soon as possible. Each Member
shall pay its estimated fair share percentage of the repairs
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B. Anaheim's City Attorney's Office will serve as
general counsel to the Authority to provide routine legal
counsel services required from time to time. Extraordinary
legal services (for example, Anaheim's time and expense or the
expense for outside counsel in connection with a lawsuit against
the Authority, its officers, agents, employees, representatives
and volunteers providing services to the Authority) constitute
additional expenses and are not covered by the administrative
overhead.
6.3 Emergency Repairs
In the event the Communication Center or
Communications Equipment suffers damage which interferes with
emergency communications services, the Administrator sr ^f
"paheiwT is authorized without prior Board approval to expend
the funds to have the necessary repairs made so that services
are resumed as soon as possible
6.4 Capital Improvements- Funding
In the event the Communication Center or
Communications Equipment suffers damage and the cost of repairs
exceeds sums designated for repair in that component of the
budget and any reserve fund, the Administrator -— shall
promptly solicit bids for the repair of damage from at least
three (3) responsible firms. -[-�The Administrator shall then
Present said bids to the Board to award the contract to the
lowest responsible bidder and to direct the accepted responsible
bidder to make the repairs as soon as possible. Each Member
shall pay its estimated fair share percentage of the repairs
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within 30 days after the award of the contract.
CHAPTER VII
BUDGETARY PROVISIONS
7.1 Annual Budget
The Board shall adopt an annual budget pursuant to
this Agreement and procedures adopted by the Board.
•
A. A preliminary draft of the budget shall be
presented to the Members by January 15 of each year for their
review. Said budget shall be submitted to the Board for
consideration and adoption. Budget adoption shall require
positive consent of the number of Board members necessary to
represent a minimum of Fifty -One Percent (510) of the fair share
participation in the Authority.
7.2 Special Budgetary Consideration
A. The budget adopted by the Board shall include
not be limited to: -r,men : � c.,
1. A Communications Center operations and
capital outlay component, which shall provide for the personnel,
maintenance and operations support, and capital acquisitions
necessary for the joint operation of the Communications Center
as described in Section 5.1 and 5.2.
2. A Member(s) specific communications
operations component, which shall provide for the maintenance
and operation of the Member specific Communications Equipment
described in Section 5.2 (C). A Board member may make deposits
to and request disbursements from this component, in accordance
with the written policies and /or procedures of the Board.
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3. A Capital Improvement Project component,
which shall provide for the acquisition or replacement of major
Communications Equipment items or fund major Communications
Center related projects.
4. A Communications Equipment capital reserve
component, which shall be deposited into a common designated
reserve account designed to defray future replacement costs of
major components of the Communications Equipment.
S. A Member(s) specific Communications
Equipment replacement component, which shall be deposited into a
Member specific designated reserve account designed to defray
future replacement costs of Member specific Communications
Equipment. A Board member may make deposits to and request
disbursements from this component, in accordance with the
written policies and /or procedures of the Board.
6. If the Board elects to establish a liability
reserve fund as provided for in Chapter VIII, the amount of the
fund, and the amount of annual contribution to the fund, shall
be those amounts established by the Board.
B. Except as provided in Section 6.3 the
contributions of Members shall be used to defray the costs and
expenses associated with the budget. Special assessment(s) can
be levied from time to time provided approval of the legislative
body of each Member is first obtained.
C. Each Member's annual contribution to the budget
shall be determined by adding the following:
(i) Communications Center operations component,
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less the amount identified in the City of Anaheim budget for •
facility rental, multiplied by that Member's fair share
percentage;
(ii) That portion of the Member's Specific
Operations Component attributable to that Member's specific
Communications Equipment;
(iii)The Capital Improvement Project component
multiplied by that Member's fair share percentage;
(iv) A Communications Equipment Capital reserve
component multiplied by that Member's fair share percentage;
(v) That portion of the Member's specific
Communications Equipment replacement component attributable to
that Member;
(vi) That Member's share of the administrative
expenses which shall be calculated by multiplying the amount •
reimbursement by that Member's share of the communications
operations and Member specific operations component of the
budget; and
(vii)The cost of risk financing, as provided for
in Section 8.2, multiplied by that Member's fair share
percentage.
7.3 Disbursements
The treasurer shall draw checks [er - ^t ^] in
accordance with Policies and /or procedures established by
Resolution of the Board. A summation of such Pavments shall be
Presented to the Board as Part of the Treasurer's quarterly
report. r. th@ ^, and ;tit^ -a of: f4r�_�
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• I �k� Teri h ll ®rya. seta ,raga— tlae— ��a3cueut...o�_ft � 13c.��
2 approval of puch ..l cii s .., romentn danGs i tl, tl...
..A zaagulations adopted by the ❑niird 1
-' 7.4 Accounts
All funds shall be placed in accounts and the receipt,
6 transfer or disbursement of funds during the term of this
7 Agreement shall be accounted for, in accordance with generally
8 accepted accounting principles applicable to governmental
9 entities. There shall be strict accountability for all funds.
10 All interest earnings, revenues and expenditures shall be
W 11 reported quarterly to the Board.
0 1? 7.5 Expenditures Within Approved Annual Budget
zg5ffi„ 13 All expenditures shall be within the limitations of
=o LL c 14 the approved annual budget or as amended by the Board.
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W51=V 15 Amendments to the approved annual budget shall require positive
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16 consent of the number of member agencies necessary to represent
17 a minimum of Fifty -One Percent (510) of the fair share
18 participation in the Authority.
19 CHAPTER VIII
20 LIABILITY /INSURANCE
21 8.1 Liabilities
The debts, liabilities and obligations of the
23 Authority shall not be considered the debts, liabilities or
11 obligations of any Member, except as otherwise provided in this
25 Chapter.
26 8.2 Indemnification /Hold Harmless
27 A. The Authority shall defend, indemnify and hold
. ?8
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harmless each Member, its officers, agents, employees, •
representatives and volunteers from and against any loss,
injury, damage, claim, lawsuit, liability, expense, or damages
4
of any kind or nature arising out of or in connection with the
performance of services pursuant to this Agreement. The
b
Authority shall finance its obligation pursuant to this
7
Subsection by establishing a liability reserve fund, by
8
purchasing commercial insurance, by joining a joint powers
9
insurance authority (JPIA), and /or by requiring that assessments
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be paid by each Member pursuant to this Subsection. In the event
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that the Authority's financial obligations to indemnify, defend
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and hold harmless, pursuant to this Subsection, exceed the
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liability reserve fund and the proceeds from any applicable
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insurance or JPIA coverage maintained by the Authority
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(hereinafter "Unfunded Liability "), each Member hereby agrees
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16
indemnify and hold harmless the Authority-for such deficiency in
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17
accordance with the following: In the event an Unfunded
18
Liability arises, the contribution of each Member shall be in an
19
amount equal to the total Unfunded Liability multiplied by that
20
member's percentage of the budget as specified in Section 6.1.
?1
B. The Authority, its officers, agents, contractors,
employees, representatives, Staff, and volunteers (hereinafter,
23
for the purposes of Subsection 8.2.B and 8.3, collectively
2-1
referred to as "Emergency Dispatchers "), shall not be liable, in
25
any manner, to any Member, or to an officer, official, or
?G
employee of any Member, for any loss, injury, damage, claim,
27
lawsuit, liability, expense, or damages which may be incurred
28
•
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by, or brought against a Member which is providing any type of
•
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emergency response service undertaken by any Member pursuant to
a call, dispatch, or instruction (by whatever name called)
4
issued by, or on behalf of, the Emergency Dispatcher, regardless
of whether or not such liability may have arisen, in whole or in
G
part, by the negligent acts, conduct, or omissions of one or
more of the Emergency Dispatchers.
8
C. Each Member shall assign to the Authority its
9
rights, title, and interest to recover damages from any third
10
party, to the extent that the Authority has met its obligations
11
to such Member pursuant to this Section 8.2.
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D. Should any Member utilize the Communications
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Center for its own individual purposes, outside the scope of the
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Authority, such Member shall indemnify, defend, and hold
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harmless the Authority and other Members from all claims,
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demands, actions, liability, or damages of any kind or nature,
Ii
arising out of such use.
18
E. No provision of this Agreement shall be construed
19
as to require any party to obtain or maintain liability or other
20
insurance coverage not otherwise required by law.
21
8.3 Waiver
_-
Except as provided in Section 8.2, each Member waives
23
and gives up any claim against, or right to sue, the Authority,
21'
or its respective officers, employees, Staff, agents,
25
contractors, representatives or volunteers for any loss, damage
26
or injury that arises out of, or is any way related to, such
?i
Member providing any type of emergency response service pursuant
•
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to a call, dispatch, or instruction issued by, or on behalf 06
2
the Emergency Dispatcher, regardless of whether or not such
)
liability may have arisen, in whole or in part, by the negligent
-
acts, conduct or omissions of one or more of the Emergency
i
Dispatchers. This waiver extends to liability for bodily injury
6
or property damage that may be sustained by any Member or its
officers, employees, contractors, or agents, and which was
proximately caused, in whole or in part, by the negligent act,
9
conduct or omission of the Authority, its respective officers,
10
employees, Staff agents, contractors, representatives or
11
volunteers. However, this waiver does not extend to bodily
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injury or property damage caused by an unlawful, fraudulent or
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willful act or omission of the Authority or its officers or
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employees.
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16
CHAPTER IX •
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16
ADMISSION AND WITHDRAWAL,OF MEMBERS
lr
9.1 New Members
1�
Public entities may become Members in the Authority
19
upon such terms and conditions as may be specified by the Board.
20
New Members shall pay a surcharge to be determined by the Board
21
at the time of application.
22
9.2 Withdrawal'
A Member may withdraw from the Authority at the end of
21
any fiscal year and terminate its rights and obligations
2')
pursuant to this Agreement by giving written notice of its
26
intention to terminate to the secretary of the Board no later
27
than December 31 prior to the termination of the fiscal year in
,0
•
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• I which the Member intends to withdraw. The written notice shall
2 be accompanied by a resolution or minute order of the
3 legislative body of the Member specifying its intent to withdraw
1 from the Authority. Withdrawal of a Member, however, shall not
relieve the withdrawing Member of its proportionate share of any
6 debts or other liabilities incurred by the Authority prior to
7 the effective date of such withdrawal, or any liabilities
8 imposed upon or incurred by the Member pursuant to this
9 Agreement prior to the effective date of such withdrawal, and
10 such withdrawal shall result in the forfeiture of all rights and
W II claims of the withdrawing Member to any repayment of
o �� l' contributions or advances or other distribution of funds or
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15m� l; property after withdrawal, including distribution in the event
=o> I la of termination of the Authority, except Member Specific
0151. LL I) Communication Equipment, provided the withdrawing Member pays
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17 9.3 Breach
18 The Board shall have the authority to terminate the
19 Membership of any Member in the event the Member materially
20 breaches its duties pursuant to this Agreement. For the
21 purposes of this Section, the term "material breach" shall
include, without limitation, a failure to fund the budget in
23 accordance with the Chapter VI, the failure to make any
?a contribution or pay any assessment when due, and the failure to
5 defend or indemnify other Members as required in Chapter VIII.
0 The Board shall give the Member notice of the breach and the
right to cure the breach within thirty (30) days of the notice.
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In the event the Member fails to cure the breach within thirt�
(30) days, the Board shall have the right to immediately
terminate the Membership. Termination of the Membership of a
Member teaI for breach shall not relieve the terminated Member of
its proportionate share of any debts or other liabilities
incurred by the Authority prior to the effective date of such
termination, or any liabilities imposed upon or incurred by the
Member pursuant to this Agreement prior to the effective date of
such termination. However, such termination shall result in the
forfeiture of all rights and claims of the terminated Member to
any repayment of contributions or advances or other distribution
of funds or property after termination, including distribution
in the event of termination of the Authority, except Member
Specific Communication Equipment, provided the terminating
Member pays all costs of removal.
•
9.4 Penalties
Notwithstanding Section 9.3, and without waivincr any
other remedies available by law or through this Agreement, the
Board shall adopt policies and procedures imposing penalties for
failure of any Member to pay anv amounts due under this
Agreement.
CHAPTER X
TERMINATION AND DISPOSITION OF ASSETS
10.1 Termination
The Authority shall continue to exercise the joint
power specified in this Agreement until termination of this
Agreement. This Agreement shall terminate if five (5) or more
•
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•
1
Members give the Authority written notice of their intention to
2
withdraw as specified in Section 9.2 or if the Members mutually
3
agree to terminate this Agreement. No termination of the
1
Authority shall occur until all of its debts, liabilities, and
1
obligations and other evidence of indebtedness are paid or
6
adequate provision for such payment is made in accordance with
7
the resolution of the Authority. No termination of the
8
Authority shall occur which is contrary to the language, spirit
9
or intent of any contract or agreement entered into by the
10
Authority with the U.S., the State of California, or any
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department, administration or agency of either.
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10.2 Distribution of Property
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A. All capital equipment purchased as part of this
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Agreement, shall be assigned an "operating life" by the Board.
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The Board shall also designate equipment which is critical or
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non - critical to the operation of the facilities. Upon
Ii
termination of this Agreement, all capital equipment either
18
functioning within its operating life or beyond, shall be
19
appraised by an independent appraiser and equipment designated
20
as critical may be purchased first by the City of Anaheim and
21
then by any Member agency. Non - critical capital equipment may
22
be purchased by any Member agency based on procedures adopted by
23
the Board. Capital equipment not purchased by Member agencies,
>;
shall be sold to the public at appraised value or at public
25
auction. The proceeds of all sales shall be paid to each Member
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pursuant to their fair share percentage as determined for the
7
most recent fiscal year.
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B. Upon termination of this Agreement, all capit a
equipment purchased prior to this Agreement, as specified in
Section 2.2.A through 2.2F Ea a B, a a C, 2 2D shall
be returned to the Member or Members holding title to the
equipment.
C. In the event of termination of the Authority, any
remaining funds, property or other assets of the Authority,
following discharge of all debts, liabilities and obligations of
the Authority, shall be distributed to the Members for any
un- reimbursed advances, contributions, or in -lieu contributions
made or given to the Authority by such Members, and distributed
to all Members on the same basis as the annual distributions to
Members under this Agreement.
CHAPTER XI
MISCELLANEOUS
11.1 Amendments
•
Except for Sections 6.2, 7.1,,7.5, 8.2 and 8.3, this
Agreement may be amended with the approval of a majority of the
Members. Amendments to Sections 6.2, 7.1 and 7.5 shall require
positive consent of the number of Members necessary to represent
a minimum of Fifty -One Percent (510) of the fair share
percentage as determined for the most recent fiscal year in the
Authority. Amendments to Sections 8.2, [and] 11.1, and 8.3
shall require the unanimous consent of the Members [Rsa:Fk] -. No
amendments to this Agreement may be made which would adversely
affect the interests of the owner of bonds, letters of credit,
or other financial obligations of the Authority.
-32-
•
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11.2 Notice
Any notice or instrument required to be given or
delivered pursuant to this Agreement shall be deemed given when
personally delivered to the Member or the Authority, or
deposited in the United States mail, first class postage
pre -paid, and properly addressed to the principal office of the
Member or the Authority.
11.3 Partial Invalidity
If one or more of the Chapters, Sections, paragraphs
or provisions of this Agreement is determined to be invalid or
unenforceable by a court of competent jurisdiction, each and all
of the remaining Chapters, Sections and paragraphs shall not be
affected and shall continue to be valid and enforceable to the
fullest extent permitted by law, provided, the remaining
Sections or provisions can be construed in substance to
constitute the Agreement the Parties intended in the first
instance.
IN WITNESS WHEREOF, the Parties have caused this
Agreement to be executed unattested by their duly authorized
officers, and to have their official seals affixed hereto as of
the date first stated above.
Dated:
ATTEST:
By
CITY CLERK
CITY OF ANAHEIM
By:
MAYOR
APPROVED AS TO FORM:
By:
CITY ATTORNEY
-33-
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Dated:
ATTEST:
By:
CITY CLERK
Dated:
ATTEST:
By:
CITY CLERK
Dated:
ATTEST:
By:
CITY CLERK
Dated:
0
CITY OF FOUNTAIN VALLEY
By:
MAYOR
APPROVED AS TO FORM:
By:
CITY ATTORNEY
CITY OF FULLERTON
By:
MAYOR
APPROVED AS TO FORM:
By:
CITY ATTORNEY
CITY OF GARDEN GROVE
By:
MAYOR
APPROVED AS TO FORM:
By:
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
By:
MAYOR
ATTEST: APPROVED AS TO FORM:
By: By:
CITY CLERK CITY ATTORNEY
-34-
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Dated: CITY OF NEWPORT BEACH
ATTEST:
By:
CITY CLERK
Dated:
ATTEST:
By.
CITY CLERK
0021559.01
6/3/97
By:
MAYOR
APPROVED AS TO FORM:
By:
CITY ATTORNEY
CITY OF ORANGE
By:
MAYOR
APPROVED AS TO FORM:
By:
CITY ATTORNEY
-35-
EXHIBIT "A"
0 !1
•
L
A
B
C D E
1
INVENTORY ASSETS AS OF JUNE 1, 1996 PER PARAGRAPH 2.2 A
OLD
NEW CURRENT VALUE EXPECTED YEARS BEFORE REPLACEMENT
2
2 - Flashboards
x 1,050.00 15 years
3
1 - TV Cabinet
x 460.00 15 years
4
3- TV'S
x 1,400.00 5 years
5
1 -VCR
x 325.00 3 years
6
1 - Answerphone (Media tape line)
x 530.001 5 years
7
2- Paksets
x
6,000.00 3 years
8
1- Fax machine
x 1 ,600.00 3 years
9
1 - 24 hour logging recorder
x 61,329.00 10 years
10
1 - Round table
x 170.00 15 years
11
5 - 2 Drawer file cabinets
x 1,000.00 15 years
12
5 - 3 Shelf bookcases
x 500.00 15 years
13
2 - Small credenza's
x
300.00 5 years
141
2 - Large credenza
x
500.00 5 years
15
3- Executive office chairs
x 900.00 5 years
161
7 - Office chairs
x 1,050.00 5 years
17
6- Dispatch chairs
x 3,000.00 2 years
18
10 - Conference room chairs
x 2,500.00 5 years
19
6- Kitchen chairs
x 1,200.00 3 years
201
4 - Office chairs
x
300.00 2 years
21
1 - Couch/1-Chair
x 900.00 10 years
22
3- Reception area tables
x 500.00 15 years
231
3 - Office desks with computer stations/returns
x 8,250.00 15 years
241
3 - Office credenza's
ix 1 3,000.00 15 years
251
1 - 2 Drawer file cabinet
x
100.00 5 years
261
6 - Sets Clawson Cards
x 2,392.00 10 years
27
3- Computer work tables
x 900.00 15 years
28
36 - Lockers
x
600.00 5 years
29
1 - Coat rack
x 210.00 10 years
30
3 - 4 Drawer file cabinet
x
750.00 5 years
31
1 - Supply cabinet
x
150.00 5 years
32
1 - Security fire file
x 500.00 15 years
0 !1
•
L
• EXRIBIT "A" •
Page 2
•
A
B
C D E
33
INVENTORY ASSETS AS OF JUNE 1, 1996 PER PARAGRAPH 2.2 A
OLD_
NEW CURRENT VALUE EXPECTED YEARS BEFORE REPLACEMENT
34
2 - Small conference room credenza's
x 720.00 15 years
35
1 - Conference room table
_
x
750.00 10 years
36
1 - Refrigerator
x 1,000.00 10 years
37
1 - Microwave oven
x 400.00 3 years
38
1 - Dishwasher
Ix 1 400.00 10 years
39
1 - Stove
x 600.00 10 years
40
2 - Miscellaneous Orange County wall maps
,
x 1,700.00 10 years
41
35 - Miscellaneous Pictures
x 3,270.00 10 years
42
1 - LaserJet 4M Plus
x 1,200.00 5 years
43
1 - PowerBook
x 4,500.00 5 years
44
1 - Keyboard/Monitor
x 550.00 5 years
45
1 - DeskJet 850C
x 800.00 5 years
46
1 -scanner
x 980.00 5 years
47
1 - Miscelleanous Software
x 1,600.00 5 years
48
2 - Color Plus 14 in. Monitor
x 900.00 3 years
49
2 - Extended Keyboard II
x 200.00 3 years
50
2 - PowerPc 601/60mhz
x 3,400.00 3 years
51
1 - Century PC4XV-BA
x
500.00 1 year
52
1 - 14" Super VGA Color Monitor
x
100.00 1 year
53
1 - Keyboard
x
50.00 1 year
54
Miscellaneous Office Supplies On Hand
1,500.00
55
1 - TWFOC Conference Rm.
x 400.00 5 years
56
4 - Wall/Desk Clocks
x 90.00 5 years
57
1 - CADI Backup System III
x 23,000.00 5 years
58
1 - CADI/NCP Backup System
x 23,000.00 5 years
59
i
TOTAL
173,976.00
Page 2
•
EXHIBIT "A"
0 03 •
•
•
A
B I C
D
1
INVENTORY ASSETS AS OF JUNE 1, 1996 PER PARAGRAPH 2.2 A
OLD NEW CURRENT VALUE
2
2-CENTRACOMIIPLUS
X
36,000.00
3
4-CENTRACOMIIPWS RECONFIGURED
X X
37,680.00
4
6 - Digital Call Checks
X
23,301 .00
5
6 - 911 Equipment
X
33,414.00
6
System II Radio Equipment
X 1
400,197.00
7
8
MDT Frequency
1,000,000.00
9
10
CAD System Hardware & Software
X
1,298,000.00
11
12
13
TOTAL
2,829,092.00
0 03 •
•
•
0
•
Page 1
A
B
c
D
1
INVENTORY ASSETS AS OF JULY 1, 1996 PER PARAGRAPH 2.2 B
OLD
NEW
ORIGINAL VALUE
2
5 - Syntor Base Radios
X
15,355.00
3
2 - Syntor Base Local Trunked Controllers
X
10,980.00
4
1 - CAD Interface Syntor, PC & Modem
X
23,000.00
5
3- Clawson EMD Cardsets
X
1,050.00
6
7
ITOTAL
I
1
50,385.00
0
•
Page 1
EXHIBIT "C"
0 !1
9
•
A
B C
D
1
INVENTORY ASSETS AS OF JULY 1, 1996 PER PARAGRAPH 2.2 C
OLD NEW Value New
2
1 - B1603A Single Bay 3- Panel Enclosure
X
1,439.00
3
3 - B1400 Master Control Panels
X
11,616.00
4
3 - BLN1143 Operator Interface Modules (from CEB)
X
4,689.00
5
8 - B1401 Channel Control Panels
X
6,240.00
6
130 - 81405 T1/R1 Channel Control Modules
X
8,220.00
7
4 - B1602F Single Bay 45 Degree 2 Panel Enclosures
X
4,916.00
8
12 - BI 604A Single Bay 4 Panel Enclosures
X
2,078.00
9
4 - B1604F Single Bay 45 Degree Panel Enclosures
X
2,378.00
10
11 - B1248A Blank Half Panels
X
451.00
11
6 - BLN1148A Headset Jacks
X
1,320.00
12
1 - BLN6179 Side Panel for 3 Panel Bay
X
99.00
13
3 - K577 Telephone/Headset Interface Boards
X
1,026.00
14
5 - B1406 T2R2 Channel Control Modules
X
1,370.00
15
14 - 81405 T1R1 Channel Control Modules
X
5,206.00
16
17
TOTAL
51,048.00
0 !1
9
•
EXHIBIT "D"
CAD/RMS System Hardware & Software $1,298,500.00: Purchase and reimbursement
• over five years. First year invoiced as one payment on April 15, 1997. Second through
fifth years to be invoiced in quarterly payments at the beginning of July, October, January
and April of each fiscal year.
PURCHASE
%
Total Amount
Annual Pymt
Quarterly Pymt
Fountain Valley
4.62
$ 59,990.70
$
11,998.14
$
2,999.54
Huntington Beach
16.80
$ 218,148.00
$
43,629.60
$
10,907.40
Newport Beach
9.04
$ 117,384.40
$
23,476.88
$
5,869.22
RERVIBURSEMENT
%
Total Amount
Annual
Rmb
Quarterly Rmb
Anaheim
45.68
$ 180,674.95
$
36,134.99
$
9,033.75
Fullerton
16.41
$ 64,905.34
$
12,981.07
$
3,245.27
Garden Grove
19.35
$ 76,533.72
$
15,306.74
$
3,826.68
Orange
18.56
$ 73,409.09
$
14,681.82
$
3,670.45
•
•
1��
Enter into a Joint Powers of Authority (JPA) Agreement with the cities of Anaheim,
Fountain Valley, Fullerton, Garden Grove, Huntington Beach, and Orange to
establish a consolidated communications center serving our collective emergency
dispatch needs.
Discussion:
Since the 1970s, the fire departments from Huntington Beach, Fountain Valley and
Westminster have jointly operated a consolidated communication center in the City
of Huntington Beach. In 1990, the Newport Beach Fire Department joined as well. In
1992, the four cities formalized this arrangement through a JPA agreement, forming
the Central Net Operations Authority (CNOA). As a result of Westminster's 1995
decision to join the Orange County Fire Authority for the provision of all municipal
fire protection services, they have given notice to CNOA that they will no longer be
a member effective July 1, 1996. Their departure will result in a loss of CNOA
revenue exceeding $300,000.
Concurrent with the Westminster decision to join the Orange County Fire
Authority, the cities of Anaheim, Fullerton, Garden Grove, and Orange, also
together since the late 1970s, were making preparations to move into a new, state -of-
the -art communication center with the capacity to handle the additional emergency
communication demands of other fire agencies. It is these two factors that generated
the discussion between the seven fire chiefs resulting in this proposal.
The attached MetroCities Fire Authority JPA Agreement merges the Central Net
Communciation Center, located in Huntington Beach, into the North Net
Communciation Center, located in Anaheim. This will establish a new, seven city
agreement for the joint provision of consolidated emergency communcation
services through a single computer aided dispatch system and fire related records
management system. The key considerations of the agreement are:
1. The consolidation of the two existing communication centers into one results
in a 34 % decrease in staffing levels for an overall savings of $881,894 to the
• seven cities.
i
May 13,1996
• C 3pct I �.-
Council Agenda
Item No. 6
t
TO: Mayor and Members of the City
FROM: Tim Riley, Fire and Marine Chief 4/
SUBJECT: Joint Powers of Authority Agreement to Establish
a Consolidated
Communications Center for Emergency Dispatch of Firefighters and
Paramedics
`
Recommendation :
Enter into a Joint Powers of Authority (JPA) Agreement with the cities of Anaheim,
Fountain Valley, Fullerton, Garden Grove, Huntington Beach, and Orange to
establish a consolidated communications center serving our collective emergency
dispatch needs.
Discussion:
Since the 1970s, the fire departments from Huntington Beach, Fountain Valley and
Westminster have jointly operated a consolidated communication center in the City
of Huntington Beach. In 1990, the Newport Beach Fire Department joined as well. In
1992, the four cities formalized this arrangement through a JPA agreement, forming
the Central Net Operations Authority (CNOA). As a result of Westminster's 1995
decision to join the Orange County Fire Authority for the provision of all municipal
fire protection services, they have given notice to CNOA that they will no longer be
a member effective July 1, 1996. Their departure will result in a loss of CNOA
revenue exceeding $300,000.
Concurrent with the Westminster decision to join the Orange County Fire
Authority, the cities of Anaheim, Fullerton, Garden Grove, and Orange, also
together since the late 1970s, were making preparations to move into a new, state -of-
the -art communication center with the capacity to handle the additional emergency
communication demands of other fire agencies. It is these two factors that generated
the discussion between the seven fire chiefs resulting in this proposal.
The attached MetroCities Fire Authority JPA Agreement merges the Central Net
Communciation Center, located in Huntington Beach, into the North Net
Communciation Center, located in Anaheim. This will establish a new, seven city
agreement for the joint provision of consolidated emergency communcation
services through a single computer aided dispatch system and fire related records
management system. The key considerations of the agreement are:
1. The consolidation of the two existing communication centers into one results
in a 34 % decrease in staffing levels for an overall savings of $881,894 to the
• seven cities.
May 13, 1996
Item No. 6
Page 2
0
2. The new Computer Aided Dispatch and Records Management System
(CAD /RMS) shared by seven cities allows the Newport Beach Fire and
Marine Department to buy into a $979,336 state -of- the -art system for only
$18,942 per year for five years or $88,532 total; an amount that will be covered
by the system replacement reserves currently on deposit in our CNOA.
Without this consolidation, Fountain Valley, Huntington Beach and
Newport Beach will need to replace the Central Net system within five years.
3. This new arrangement further expands our ability to share fire and
emergency medical service resources across jurisdictional boundaries through
improved automatic and mutual aid operations. This will result in improved
response speed and depth without adding personnel or equipment.
4. It also provides a forum for the examination of future consolidation
opportunities that may result in increased inter - agency efficiencies and /or
decreased costs.
•
Our participation in the MetroCities Fire Authority does not void our participation
in CNOA. CNOA will no longer be used to provide communication services, but •
will continue to exist to fund the joint training needs of its members and contract
users. It, too, will be used as a forum for examining other regional consolidation
opportunities, such as the joint provision of a unified hazardous materials
regulatory program dictated by Senate Bill 1082.
Fiscal Impact:
Participation in the MetroCities Fire Authority will reduce our annual budget
expenditure for emergency communication services by $105,749. A portion of those
savings ($29,354) will be used to cover the increase in training costs associated with
Westminster's departure from CNOA training, resulting in an overall savings to
our budget of $76,395.
Initial start -up costs for this move include: the costs to relocate our emergency
telephone lines, the cost to establish a data connection between the communication
center and our Newport Beach computer network, the upgrades to the Anaheim
Communication Center to accommodate the increased workload, the costs to re-
program our existing radio equipment, and the one -time buy in for the new
CAD /RMS system. Newport Beach's start up costs will be funded through existing
CNOA reserve funds established for just such technology upgrades.
•
May 13,1996
• Item No. 6
Page 3
Both of these funding strategies reduce the current and future burden on our
General Fund that may have occurred had we not been able to develop this
consolidation strategy.
Attachments:
1. MetroCities Fire Authority Joint Powers of Authority Agreement
•
•
0
MetroCities Fire Authority
serving the cities of:
Anaheim
Fountain Valley
Fad lerton
Garden Grove
Hicntington Beach
Nezvport Beach and
Orange
Joint Powers of Authority Agreement
July 1, 1996
•
L�
•
4kETROCITIES FIRE AUTHORITP
JOINT POWERS AGREEMENT
Table of Contents
RECITA
Chapter I: DEFINITIONS
Chapter II: SPECIAL CONSIDERATIONS
1
`A
Chapter III: PURPOSES AND POWERS------------------------------------- - - - - -4
Chapter IV: ORGANIZATION------------------------------------------- ------ - - - - -6
Chapter V: BASIC SERVICES
Chapter VI: FUNDING AND ADMINISTRATION--------------------- - - - -12
• Chapter VII: BUDGETARY PROVISIONS------ --- - -- ---- ----14
Chapter VIII: LIABILITY /INSURANCE
17
Chapter IX: ADMISSION AND WITHDRAWAL OF MEMBERS- - - - -19
Chapter X: TERMINATION AND DISPOSITION OF ASSETS - - - -- 20
Chapter XI: MISCELLANEOUS
•
21
tetroCities Fire Authori •
JOINT POWERS AGREEMENT
•
This Agreement, dated the 1st day of July 1996, for purpose of identification, is
made by and effective when fully executed by authorized representatives of
all of the following public entities:
A. City of Anaheim ( "Anaheim ");
B. City of Fountain Valley ( "Fountain Valley ");
C. City of Fullerton ( "Fullerton ");
D. City of Garden Grove ( "Garden Grove');
E. City of Huntington Beach ( "Huntington Beach ");
F. City of Newport Beach ('Newport Beach "); and
G. City of Orange ( "Orange ").
RECITALS
A. The Parties to this Agreement each provide fire
protection, fire prevention, rescue, emergency medical and related
administrative services within their respective boundaries.
B. The Parties have determined that joint use of a central is
communications network and record keeping system reduces the
administrative costs that would otherwise be incurred by each Party in
providing fire suppression, emergency medical assistance, rescue service, and
related services.
C. Costs associated with maintaining the staff and equipment
necessary to operate a Communications Center should be funded by the
Parties through a formal Joint Powers Agreement with costs apportioned to
reflect the extent to which the Parties utilize the emergency Communications
Equipment and staff.
D. The Parties have determined that joint use of a central
communications network and record keeping system is also intended to
foster cooperation among the Parties in the form of a separate written
automatic aid agreement to consider the provision of emergency services by
Page
MetroCities Fire Authority Agreement
the closest available nit and to serve as a vehicler evaluating other
opportunities for joint operations.
•
E. The Parties each have the power and authority to
perform, and contract with one another pursuant to the joint Exercise of
Powers Act (Section 6500 et. seq. of the Government Code) for the
performance of, the duties and functions that form the basis of this
Agreement.
THE PARTIES AGREE AS FOLLOWS:
CHAPTERI
DEFINITIONS
For the purpose of this Agreement, the words or terms specified in this
Chapter shall have the following meanings:
A. Authority shall mean the joint Powers Authority known
as the MetroCities Fire Authority.
B. "Capital Improvement Project" shall mean the acquisition
of any piece of Communications Equipment or the funding of any
• Communications Center related project that requires an expenditure of
$30,000.00 or more.
C. "Capital Outlay" shall mean the acquisition of any piece of
Communications Equipment or the funding of any Communications Center
related project that requires an expenditure of $500.00 or more but Iess than
$30,000.00.
D. "Communications Center" shall mean that portion of any
structure or physical facility that houses Communications Equipment and /or
Communications Center Staff.
E. "Communications Equipment" shall mean all electronic
equipment, including telephones, telephone lines, radios, computers and
software located within, or connected to, the Communications Center and
utilized for the fire or rescue - related emergency communications or records
management of any of the Parties.
F. "Member" shall mean any public entity that is a member
upon the effective date of this Agreement or becomes a Party to this
Agreement pursuant to the provisions of Section 9.1.
• Page 2
MetroCities Fire Authority Agreement
G. corded Incident" shall mean any call for service
dispatched within the jurisdiction of a Member's fire department that
generates an incident number through any emergency Communications •
Facility used by any member during any relevant period prior to the effective
date of this Agreement and through the Communications Center upon the
effective date of this Agreement or at such time as the Communications
Center begins operation pursuant to this Agreement.
H. "Communications Center Staff or Staff" shall mean all
personnel of the City of Anaheim performing services related to the
operations and maintenance of the MetroCities Communication Center, or
such agency or individual as may be appointed by the Board to perform these
functions.
I. "Fiscal Year" shall mean the twelve month period
commencing July 1st and concluding June 30th.
CHAPTER II
SPECIAL CONSIDERATIONS
This section establishes the rationale for the provisions relating to funding,
administration and decision making. •
2.1 Communications Center
The MetroCities Fire Authority Communications Center, located
at 201 S. Anaheim Boulevard, Anaheim, CA, was constructed and is owned
by the City of Anaheim. Ownership of the real property and facility housing
the MetroCities Communication Center will remain solely the City of
Anaheim. The Board may change the location of the Communication Center.
2.2 Communications Equipment
A. Certain existing communications equipment was acquired
through the joint efforts of the Cities of Anaheim, Fullerton, Garden Grove
and Orange and shall be identified as part of a fixed asset inventory . system.
Joint title to this equipment existing as of the date of termination or at the
end of its useful life shall vest with the Cities of Anaheim, Fullerton, Garden
Grove and Orange and shall be disposed of as outlined in Section 10.2.
Page !
MetroCities Fire Authority Agreement
B. Certain existing communications equipment was acquired
through the joint efforts of the Cities of Fountain Valley, Huntington Beach
• and Newport Beach and shall be identified as part of a fixed asset inventory
system. Joint title to this equipment existing as of the date of termination or at
the end of its useful life shall vest with the Cities of Fountain Valley,
Huntington Beach, and Newport Beach and shall be disposed of as outlined
in Section 10.2.
C. Certain existing communications equipment was acquired
by the City of Huntington Beach and shall be identified as part of a fixed asset
inventory system. Title to this equipment existing as of the date of
termination or at the end of its useful life shall vest with the City of
Huntington Beach and shall be disposed of as outlined in Section 10.2.
D. Title to equipment purchased jointly on behalf of the
Authority, existing as of the date of termination or at the end of its useful life,
shall vest with the Authority and shall be disposed of as outlined in Section
10.2.
E. After the effective date of this agreement, title to
communication equipment purchased for the Communication Center
separately by individual members of the Authority shall vest only with those
• individual members contributing to the purchase of said equipment. Such
equipment shall be identified as part of a fixed asset inventory system. Title to
this equipment existing as of the date of termination or at the end of its useful
life shall vest with those individuals purchasing said equipment and shall be
disposed of as outlined in Section 10.2
CHAPTER III
PURPOSE AND POWERS
3.1 Authority Created
This Agreement creates a Joint Powers Authority known as the
MetroCities Fire Authority. The Authority is formed pursuant to the
provisions of Article 1, Chapter 5, Division 7 of Title I of the Government
Code of the State of California (The Joint Exercise of Powers Act). The
Authority shall be considered a public entity separate and apart from the
Members. Within thirty (30) days after the effective date of this Agreement
and after any amendment, the Authority shall cause a notice of such
Agreement or amendment to be prepared and filed with the Office of the
Page 4
MetroCities Fire Authority Agreement
California Secretary of
Government Code 6503.5.
State containing the info• tion required by
3.2 Common Powers
Each Party has the common power to, inter alia:
A. Provide fire protection, fire suppression, fire
prevention, emergency medical, rescue and related services;
B. Maintain an effective communications and
emergency dispatch system to facilitate and support fire protection, fire
suppression, rescue and emergency medical services;
C. Employ and train personnel to perform emergency
equipment communication and dispatch services, communic4tion facility
maintenance and the purchase of Communications Equipment.
3.3 General Purpose
The primary purpose of this Agreement is to provide for the
operation, upgrade, maintenance and repair of the Communications Center
and Communication Equipment. This Agreement is intended to provide a
formal mechanism by which the Authority can fund these activities to
provide the highest possible level of emergency communications services.
3A Powers
The Authority shall have the power, in its own name, to do any
of the following:
A. To jointly exercise the common powers of the Members;
B. To make and enter into contracts;
C. To retain the services of fire suppression specialists,
emergency communications consultants, and such other persons with
specialized knowledge or ability capable of assisting the Members in achieving
the purposes of this Agreement;
D. To acquire, hold or dispose of property by any lawful
means, including, without limitation, gift, and purchase for sale;
E. To incur debts, liabilities or obligations subject to the
limitations specified to this Agreement;
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MetroCities Fire Authority Agreement
•
•
F. receive gifts, contributions, granTs, and donations of
property, funds, services and other forms of assistance from any person, firm,
• entity, corporation or public agency;
G. To sue and be sued in its own name;
H. To apply for any grant or grants offered in conjunction
with any Federal, State or local program that is in any way related to the
purpose of this Agreement;
I. To adopt rules, regulations, policies, by -laws and
procedures governing the operation of the Authority;
J. To exercise any other power in the manner and according
to the methods provided by applicable Iaws, rules or regulations, subject only
to the restrictions on the manner of exercising such powers that may be
applicable to the City of Anaheim.
CHAPTER IV
ORGANIZATION
4.1 Membership
The Members of this Authority shall be the public entities which
executed this Agreement or a subsequent amendment and have not
• withdrawn from, or had membership in the Authority terminated, as
provided in Section 9.2 and Section 9.3.
4.2 Board
A. The Board shall consist of the existing City Manager or
City Administrator of each Party and as an alternate, the Fire Chief or his /her
designee.
B. Each Board Member shall hold office from the first
meeting of the Board after appointment and shall serve at the pleasure of
their appointing authority.
C. A Board Member or alternate shall not receive
compensation, but may be reimbursed by the Authority for expenses
reasonably incurred while performing duties required by this Agreement, and
as further specified and limited by resolution of the Board.
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MetroCities Fire Authority Agreement
4.3 Principal Office •
The principal office of the Authority shall be 201 South
Anaheim Boulevard, Suite 302 in the City of Anaheim, County of Orange. •
The Board has the full power and authority to change the principal office
from one location to another within the County of Orange.
4.4 Meetings
The Board shall meet at the principal office of the Authority, or
at such other place as may be designated by the Board. The time and place of
regular meetings of the Board shall be determined by resolution. Regular,
adjourned and special meetings of the Board shall be called, noticed and
conducted in accordance with the Ralph M. Brown Act or other relevant open
meeting law.
4.5 Quorum
A majority of the Board Members (or the alternate for any absent
voting Member) shall constitute a quorum for the purpose of transacting
business relating to the Authority, subject to the provisions of Sections 7.1
and 7.5.
4.6 Powers and Limitations •
All of the powers of the Authority are reserved to it except to the
extent of powers conferred on the Board pursuant to this Agreement. Each
Board Member, or alternate in the absence of any voting Member shall be
entitled to one vote and, except as expressly provided in this Agreement,
including Sections 7.1 and 7.5, the affirmative vote of the majority of those
present and qualified shall effect adoption of any motion, resolution, order or
action the Board deems appropriate.
4.7 Minutes
The secretary of the Authority shall provide notice of, prepare
and post agendas for, and keep minutes of, each regular, adjourned and
special meeting of the Board. The secretary shall send a copy of the minutes
to each Board Member and otherwise perform the duties necessary to ensure
compliance with provisions of law including, without limitations, any
applicable "open meeting law" such as the Ralph M. Brown Act.
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MetroCities Fire Authority Agreement
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4.8 Rules
• The Board may adopt rules and regulations for the conduct of its
affairs that are not in conflict with this Agreement.
4.9 Officers
The Board shall select a chairperson and vice chairperson from
its Members and shall appoint a secretary who may, but need not, be a
Member of the Board. The treasurer of the City of Anaheim shall hold the
office of treasurer and the auditor will be provided by the City of Anaheim as
authorized by Section 6505.6 of the Government Code. The treasurer shall
keep all revenues of the Authority in a separate interest bearing account and
otherwise perform the duties and responsibilities of that office as specified in
Section 6505.5(A)(d) of the Government Code. The chairperson, vice
chairperson and secretary shall hold office for a period one year, or until a
successor is appointed.
4.10 Bond
The treasurer, auditor and such other persons who may have
• access to, or handle, any revenue of the Authority shall be required to file an
official bond in an amount determined by the Board and consistent with the
provisions of Section 6505.1 of the Government Code. This bonding
requirement shall be satisfied if an existing bond is extended to cover the
duties required by this Agreement. The costs of complying with the
requirements of this Section shall be considered an administrative expense of
the Authority.
4.11 Status of Officers and Employees
In accordance with the Joint Exercise of Powers Act, all of the
privileges and immunities from liability, exemptions from laws, ordinances
and rules, and all pension, relief, disability, workers compensation and other
benefits which apply to the activities of officers, agents, or employees of any of
the Member's agency when performing their respective duties or functions
for that agency, shall apply to each of them to the same degree and extent
while engaged in the performance of any activity, function or duty pursuant
to this Agreement.
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MetroCities Fire Authority Agreement
0
4.12 Fair Political Practices Act
The Members of the Board shall be considered public officials •
within the meaning of the Fair Political Practices Act of 1974, as amended, and
its regulations, for the purposes of financial disclosure, conflict of interest and
other requirements of such Act and regulations, subject to contrary opinion
or written advice of the California Fair Political Practices Commission.
CHAPTER V
BASIC SERVICES
5.1 Communications Center -- Operations
A. The Communications Center shall be maintained and
operated by the Authority, pursuant to this Agreement, for the use and
benefit of all Members. The Communications Manager of the City of
Anaheim shall be the Administrator of the Communications Center so long
as Anaheim operates and administers the Communications Center.
B. To provide for such maintenance and operations, the City
of Anaheim will, through use of City of Anaheim employees, provide all
services required to operate, maintain and administer the Communications
Center. The Authority shall pay the actual costs of such operation and .
administration, plus an administrative overhead fee. The costs of such
operation and administration, including administrative overhead, shall be
borne by each Member according to their proportionate share.
C. The Authority is empowered to develop policy to
establish the service levels for the Communications Center operation and
maintenance.
D. Communications Center employees shall be governed by
the same personnel rules, regulations, Memoranda of Understanding,
administrative regulations and other related matters as apply to other
employees of the City of Anaheim. Recruitment, position classifications and
descriptions, hiring, discipline, promotion, and other employee - related
functions shall be determined solely by the City of Anaheim.
E. Anaheim will determine the procedures and standards of
selection for employment and promotion, direct its employees, take
disciplinary action, relieve its employees from duty for legitimate reasons,
maintain the efficiency of communications operations, determine the
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MetroCities Fire Authority Agreement
methods, means an personnel by which it will meef the service levels
established by the Authority.
• F. Anaheim may elect to discontinue providing services for
the operation and administration of the Communications Center by giving
notice of such election in writing to the Board a minimum of six (6) months
prior to such cessation. In the event of such discontinuance by Anaheim, the
Board may appoint another Member as the administrator or contract with
another provider of such services. Should Anaheim's services as operator
and administrator of the Communications Center terminate, use of the City
of Anaheim's facilities shall also terminate unless a separate use /rental
agreement is approved. Anaheim's election to discontinue providing
services set forth herein does not constitute Withdrawal from the Authority.
G. The Board may elect to terminate Anaheim's services as
operator and administrator of the Communications Center by giving notice of
such election in writing to Anaheim a minimum of six (6) months prior to
the date of such termination. In the event of such termination, the Board
may appoint another Member as the administrator or contract with another
provider of such services. Such termination of Anaheim's services does not
in and of itself constitute either Withdrawal or Termination of Anaheim
• from the Authority. Should Anaheim's services as operator and
administrator be terminated by the Board, use of the City of Anaheim's
facilities shall also terminate unless a separate rental /use agreement is
approved.
H. Each member acknowledges that the City of Anaheim
owns the property (land and facility) on which the Communications Center is
situated at the time of the formation of the Authority. Rental costs,
depreciation and other factors relating to use of this property are not currently
included in either the administrative overhead fee or the costs of services
provided by Anaheim.
5.2 Maintenance of Equipment
A. The Authority shall maintain and repair all
Communications Equipment, including, without limitation, telephones,
radios, computers, hardware, software, electrical systems and all related
mechanical devices or facilities other than equipment which Members are
required to install pursuant to provisions of Subsection C.
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MetroCities Fire Authority Agreement
B. fe Authority shall purchaf new or used
Communications Equipment as necessary to replace existing equipment or
upon a determination by the Board that new or additional Communications •
Equipment will facilitate emergency communications.
C. As a condition to receiving emergency communications
services, each Member shall install and maintain, the following equipment in
each fire station, rescue facility, or related mobile unit as maintained by the
Member:
1. A station direct telephone line with handset
originating at the Communications Center or a personal Alpha /Numeric
pager for each unit.
2. A station vocal or paging line and speaker
originating at the Communications Center.
3. A minimum of two emergency telephone reportiiag
trunk lines terminating at the Communications Center.
4. One mobile data computer terminal or status
message device in each operating fire company or rescue unit.
5. Other equipment which the Board determines to be
necessary to maintain an effective communications network.
Each Member shall pay the costs of installing, maintaining and •
repairing the Communications Equipment it is required to provide pursuant
to this Paragraph. All maintenance and repair of hardware and
Communications Equipment which are physically connected to the
Communications Center shall be coordinated through the Communications
Center Management.
D. Subject to prior Board approval, any Member may install
special Communications Equipment or extra telephonic equipment provided
the installing Member pays all the equipment and installation costs. The
Board may approve Member's requests for installation of special equipment
only on a finding that neither the Authority nor any Member will incur any
additional cost and that installation of the equipment will have no adverse
impact on emergency communication capability.
E. Each member shall provide the Authority with mapping
and related emergency dispatching information necessary for the efficient
deployment of fire units and manpower. Each Member shall continually
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MetroCities Fire Authority Agreement
update mapping anfdeployment information and provide this information
to the Authority and each member as appropriate.
• F. Each member acknowledges its individual responsibility
to provide a back -up emergency dispatch alternative to service its agency's
jurisdiction in the event the systems at the Communications Center are
disabled.
CHAPTER VI
FUNDING AND ADMINISTRATION
6.1 Funding
Each Member shall pay a portion of the costs incurred by the
Authority in providing the services described in Section 5.1. Each Member's
share of the costs incurred by the Authority shall be based upon that
Member's "fair share percentage" which shall be determined in accordance
with the provisions of this Section. The number of Recorded Incidents
attributable to each Member represents the most equitable basis for
determining that Member's share of the costs incurred by the Authority.
A. The contribution of each Member shall be based upon the
number of Recorded Incidents attributable to each Member, divided by the
• Recorded Incidents attributable to all Members, during the calendar year
preceding the fiscal year for which that Member's fair share percentage is
being calculated. Once determined for any fiscal year, the Member's fair share
percentage shall remain unchanged. The following is the formula pursuant
to which the fair share percentage will be calculated:
RECORDED INCIDENTS
ATTRIBUTABLE TO A MEMBER (DIVIDED BY)
RECORDED INCIDENTS
ATTRIBUTABLE TO ALL MEMBERS (EQUALS)
MEMBERS FAIR SHARE
PERCENTAGE
B. Each Member's contribution to the budget shall be
determined by multiplying that Member's fair share percentage by the
amount of the budget or budgetary component.
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MetroCities Fire Authority Agreement
C. The City of Anaheim shall invoice• ch Member agency
one - quarter of that agency's total fair share percentage of the budget at the
beginning of July, October, January and April of each fiscal year. Each Member •
shall pay such bill promptly and within thirty (30) days after receipt thereof.
Final year -end adjustments of costs representing the difference between
estimated annual expenditures and actual annual expenditures shall be
calculated and paid by or credited to each no later than the last day of the first
quarter of the following fiscal year. All credits may be deposited into the
Communications Equipment capital reserve account as outlined in Section
7.2.A.5 upon unanimous consent of the Board. A Member(s) may deposit
year -end credits in their Member Specific Communications Equipment
replacement component fund as outlined in Section 7.2.A.5.
6.2 Administrative Services
A. Anaheim shall provide the Administrative Services
required for operation of the Communications Center, and management and
administration of the personnel within, for an administrative fee of twelve
percent (12 %) of the Communications Center operations and capital outlay
and the Member specific communications operations components of the
budget, as outlined in Sections 7.1.A.1 and 7.1.A.2. Administrative Services •
includes, but is not limited to general accounting of funds received and
disbursed, preparation of invoices to Members, preparation of documents
relative to any grant program, routine legal counsel and services from
various departments within the City of Anaheim as may be necessary from
time to time, including but not limited to Human Resources and Labor
Management Departments, Finance Department, Purchasing, and such other
functions as may be required by this Agreement or the provisions of any law
including, without limitation, the Joint Exercise of Powers Act.
B. Anaheim's City Attorney's Office will serve as general
counsel to the Authority to provide routine legal counsel services required
from time to time. Extraordinary legal services (for example, Anaheim's time
and expense or the expense for outside counsel in connection with a lawsuit
against the Authority, its officers, agents, employees, representatives and
volunteers providing services to the Authority) constitute additional
expenses and are not covered by the administrative overhead.
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MetroCities Fire Authority Agreement
6.3 Emergelply Repairs •
In the event the Communication Center or Communications
• Equipment suffers damage which interferes with emergency communications
services, the City of Anaheim is authorized without prior Board approval to
have the necessary repairs made so that services are resumed as soon as
possible.
6.4 Capital Improvements- Funding
In the event the Communication Center or Communications
Equipment suffers damage and the cost of repairs exceeds sums designated for
repair in that component of the budget and any reserve fund, the Board shall
promptly solicit bids for the repair of damage from at least three (3)
responsible firms, award the contract to the lowest responsible bidder and
direct the accepted responsible bidder to make the repairs as soon as possible.
Each Member shall pay its estimated fair share percentage of the repairs
within 30 days after the award of the contract.
CHAPTER VII
BUDGETARY PROVISIONS
7.1 Annual Budget
The Board shall adopt an annual budget pursuant to this
Agreement and procedures adopted by the Board.
A. A preliminary draft of the budget shall be presented to the
Members by January 15 of each year for their review. Said budget shall be
submitted to the Board for consideration and adoption. Budget adoption shall
require positive consent of the number of Board Members necessary to
represent a minimum of Fifty -One Percent (51 %) of the fair share
participation in the Authority.
7.2 Special Budgetary Consideration
A. The budget adopted by the Board shall consist of:
1. A Communications Center operations and capital
outlay component, which shall provide for the personnel, maintenance and
operations support, and capital acquisitions necessary for the joint operation
of the Communications Center as described in Section 5.1 and 5.2.
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MetroCities Fire Authority Agreement
A Member(s) specific communications operations
component, which shall provide for the maintenance and operation of the
Member specific Communications Equipment described in Section 5.2 (C). •
3. A Capital Improvement Project component, which
shall provide for the acquisition or replacement of major Communications
Equipment items or fund major Communications Center related projects.
4. A Communications Equipment capital reserve
component, which shall be deposited into a common designated reserve
account designed to defray future replacement costs of major components of
the Communications Equipment.
5. A Member(s) specific Communications Equipment
replacement component, which shall be deposited into a Member specific
designated reserve account designed to defray future replacement costs of
Member specific Communications Equipment.
6. If the Board elects to establish a liability reserve
fund as provided for in Chapter VIII, the amount of the fund, and the
amount of annual contribution to the fund, shall be those amounts
established by the Board.
B. Except as provided in Section 6.3 the contributions of
Members shall be used to defray the costs and expenses associated with the
budget. Special assessment(s) can be levied from time to time provided
approval of the legislative body of each Member is first obtained.
C. Each Member's annual contribution to the budget shall be
determined by adding the following:
(i) Communications Center operations component,
less the amount identified in the City of Anaheim budget for facility rental,
multiplied by that Member's fair share percentage;
(ii) That portion of the Member's Specific Operations
Component attributable to that Member's specific Communications
Equipment;
(iii) The Capital Improvement Project component
multiplied by that Member's fair share percentage;
(iv) A Communications Equipment Capital reserve
component multiplied by that Member's fair share percentage;
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MetroCities Fire Authority Agreement
(4 That portion of the ember's specific
Communications Equipment replacement component attributable to that
• Member;
(vi) That Member's share of the administrative
expenses which shall be calculated by multiplying the amount of
reimbursement by that Member's share of the communications operations
and Member specific operations component of the budget; and
(vii) The cost of risk financing, as provided for in
Section 8.2, multiplied by that Member's fair share percentage.
7.3 Disbursements
The treasurer shall draw checks or warrants upon the approval
and written order of the Board. The Board shall requisition the payment of
funds only upon approval of such claims or disbursements in accordance
with the rules and regulations adopted by the Board.
7.4 Accounts
All funds shall be placed in accounts and the receipt, transfer or
disbursement of funds during the term of this Agreement shall be accounted
• for, in accordance with generally accepted accounting principles applicable to
governmental entities. There shall be strict accountability for all funds. All
interest earnings, revenues and expenditures shall be reported quarterly to
the Board.
7.5 Expenditures Within Approved Annual Budget
All expenditures shall be within the limitations of the approved
annual budget or as amended by the Board. Amendments to the approved
annual budget shall require positive consent of the number of member
agencies necessary to represent a minimum of Fifty -One Percent (51 %) of the
fair share participation in the Authority.
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MetroCities Fire Authority Agreement
• CHAPTER VIII •
LIABILITY /INSURANCE
8.1 Liabilities •
The debts, liabilities and obligations of the Authority shall not be
considered the debts, liabilities or obligations of any Member, except as
otherwise provided in this Chapter.
8.2 Indemnification/ Hold Harmless
A. The Authority shall defend, indemnify and hold harmless
each Member, its officers, agents, employees, representatives and volunteers
from and against any loss, injury, damage, claim, lawsuit, liability, expense, or
damages of any kind or nature arising out of or in connection with the
performance of services pursuant to this Agreement. The Authority shall
finance its obligation pursuant to this Subsection by establishing a liability
reserve fund, by purchasing commercial insurance, by joining a joint powers
insurance authority (JPIA), and /or by requiring that assessments be paid by
each Member pursuant to this Subsection. In the event that the Authority's
financial obligations to indemnify, defend and hold harmless, pursuant to
this Subsection, exceed the liability reserve fund and the proceeds from any
applicable insurance or JPIA coverage maintained by the Authority •
(hereinafter "Unfunded Liability "), each Member hereby agrees to indemnify
and hold harmless the Authority for such deficiency in accordance with the
following: In the event an Unfunded Liability arises, the contribution of each
Member shall be in an amount equal to the total Unfunded Liability
multiplied by that member's percentage of the budget as specified in Section
6.1.
B. The Authority, its officers, agents, contractors, employees,
representatives, Staff, and volunteers (hereinafter, for the purposes of
Subsection 8.2.13 and 8.3, collectively referred to as "Emergency Dispatchers "),
shall not be liable, in any manner, to any Member, or to an officer, official, or
employee of any Member, for any loss, injury, damage, claim, lawsuit,
liability, expense, or damages which may be incurred by, or brought against a
Member which is providing any type of emergency response service
undertaken by any Member pursuant to a call, dispatch, or instruction (by
whatever name called) issued by, or on behalf of, the Emergency Dispatcher,
regardless of whether or not such liability may have arisen, in whole or in
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MetroCities Fire Authority Agreement
part, by the negligent acts, conduct, or omissions ofone or more of the
Emergency Dispatchers.
• C. Each Member shall assign to the Authority its rights, title,
and interest to recover damages from any third party, to the extent that the
Authority has met its obligations to such Member pursuant to this Section
8.2.
D. Should any Member utilize the Communications Center
for its own individual purposes, outside the scope of the Authority, such
Member shall indemnify, defend, and hold harmless the Authority and other
Members from all claims, demands, actions, liability, or damages of any kind
or nature, arising out of such use.
E. No provision of this Agreement shall be construed as to
require any party to obtain or maintain liability or other insurance coverage
not otherwise required by law.
8.3 Waiver
Except as provided in Section 8.2, each Member waives and gives
up any claim against, or right to sue, the Authority, or its respective officers,
employees, Staff, agents, contractors, representatives or volunteers for any
• loss, damage or injury that arises out of, or is any way related to, such
Member providing any type of emergency response service pursuant to a call,
dispatch, or instruction issued bv, or on behalf of, the Emergency Dispatcher,
regardless of whether or not such liability may have arisen, in whole or in
part, by the negligent acts, conduct or omissions of one or more of the
Emergency Dispatchers. This waiver extends to liability for bodily injury or
property damage that may be sustained by any Member or its officers,
employees, contractors, or agents, and which was proximately caused, in
whole or in part, by the negligent act, conduct or omission of the Authority,
its respective officers, employees, Staff agents, contractors, representatives or
volunteers. However, this waiver does not extend to bodily injury or property
damage caused by an unlawful, fraudulent or willful act or omission of the
Authority or its officers or employees.
• Page 18
MetroCities Fire Authority Agreement
• CHAPTER IX •
ADMISSION AND WITHDRAWAL OF MEMBERS
9.1 New Members
Public entities may become Members in the Authority upon
such terms and conditions as may be specified by the Board. New Members
shall pay a surcharge to be determined by the Board at the time of application.
9.2 Withdrawal
A Member may withdraw from the Authority at the end of any
fiscal year and terminate its rights and obligations pursuant to this
Agreement by giving written notice of its intention to terminate to the
secretary of the Board no later than December 31 prior to the termination of
the fiscal year in which the Member intends to withdraw. The written notice
shall be accompanied by a resolution or minute order of the legislative body
of the Member specifying its intent to withdraw from the Authority.
Withdrawal of a Member, however, shall not relieve the withdrawing
Member of its proportionate share of any debts or other liabilities incurred by
the Authority prior to the effective date of such withdrawal, or any liabilities
imposed upon or incurred by the Member pursuant to this Agreement prior
to the effective date of such withdrawal, and such withdrawal shall result in
the forfeiture of all rights and claims of the withdrawing Member to any
repayment of contributions or advances or other distribution of funds or
property after withdrawal, including distribution in the event of termination
of the Authority, except Member Specific Communication Equipment,
provided the withdrawing Member pays all costs of removal.
9.3 Breach
The Board shall have the authority to terminate the
Membership of any Member in the event the Member materially breaches its
duties pursuant to this Agreement. For the purposes of this Section, the term
"material breach" shall include, without limitation, a failure to fund the
budget in accordance with the Chapter VI, the failure to make any
contribution or pay any assessment when due, and the failure to defend or
indemnify other Members as required in Chapter VIII. The Board shall give
the Member notice of the breach and the right to cure the breach within thirty
(30) days of the notice. In the event the Member fails to cure the breach
•
i
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MetroCities Fire Authority Agreement
within thirty (30) days, the Board shall have the right to immediately
terminate the Membership. Termination of the Membership of Member a for
• breach shall not relieve the terminated Member of its proportionate share of
any debts or other liabilities incurred by the Authority prior to the effective
date of such termination, or any liabilities imposed upon or incurred by the
Member pursuant to this Agreement prior to the effective date of such
termination. However, such termination shall result in the forfeiture of all
rights and claims of the terminated Member to any repayment of
contributions or advances or other distribution of funds or property after
termination, including distribution in the event of termination of the
Authority, except Member Specific Communication Equipment, provided the
terminating Member pays all costs of removal.
CHAPTER X
TERMINATION AND DISPOSITION OF ASSETS
10.1 Termination
The Authority shall continue to exercise the joint power
specified in this Agreement until termination of this Agreement. This
Agreement shall terminate if five (5) or more Members give the Authority
• written notice of their intention to withdraw as specified in Section 9.2 or if
the Members mutually agree to terminate this Agreement. No termination of
the Authority shall occur until all of its debts, liabilities, and obligations and
other evidence of indebtedness are paid or adequate provision for such
payment is made in accordance with the resolution of the Authority. No
termination of the Authority shall occur which is contrary to the language,
spirit or intent of any contract or agreement entered into by the Authority
with the U.S., the State of California, or any department, administration or
agency of either.
10.2 Distribution of Property
A. All capital equipment purchased as part of this
r Agreement, shall be assigned an "operating life" by the Board. The Board
shall also designate equipment which is critical or non - critical to the
operation of the facilities. Upon termination of this Agreement, all capital
equipment either functioning within its operating life or beyond, shall be
appraised by an independent appraiser and equipment designated as critical
SPage 20
MetroCities Fire Authority Agreement
may be purchased ft by the City of Anaheim and then by any Member
agency. Non - critical capital equipment may be purchased by any Member
agency based on procedures adopted by the Board. Capital equipment not
purchased by Member agencies, shall be sold to the public at appraised value
or at public auction. The proceeds of all sales shall be paid to each Member
pursuant to their fair share percentage.
B. Upon termination of this Agreement, all capital
equipment purchased prior to this Agreement, as specified in Section 2.2.A,
2.2.13, 2.2.C, 2.21) and 2.2E shall be returned to the Member.
C. In the event of termination of the Authority, any
remaining funds, property or other assets of the Authority, following
discharge of all debts, liabilities and obligations of the Authority, shall be
distributed to the Members for any un- reimbursed advances, contributions, or
in -lieu contributions made or given to the Authority by such Members, and
distributed to all Members on the same basis as the annual distributions to
Members under this Agreement.
CHAPTER XI
MISCELLANEOUS
11.1 Amendments •
Except for Sections 6.2, 7.1 and 7.5, this Agreement may be
amended with the approval of a majority of the Members. Amendments to
Sections 6.2, 7.1 and 7.5 shall require positive consent of the number of Board
Members necessary to represent a minimum of Fifty -One Percent (51 %) of the
fair share participation in the Authority. No amendments to this Agreement
may be made which would adversely affect the interests of the owner of
bonds, letters of credit, or other financial obligations of the Authority.
11.2 Notice
Any notice or instrument required to be given or delivered
pursuant to this Agreement shall be deemed given when personally
delivered to the Member or the Authority, or deposited in the United States
mail, first class postage pre -paid, and properly addressed to the principal office
of the Member or the Authority.
11.3 Partial Invalidity
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MetroCities Fire Authority Agreement
If one or more of the Chapters, Sections, paragraphs or
provisions of this Agreement is determined to be invalid or unenforceable by
• a court of competent jurisdiction, each and all of the remaining Chapters,
Sections and paragraphs shall not be affected and shall continue to be valid
and enforceable to the fullest extent permitted by law, provided, the
remaining Sections or provisions can be construed in substance to constitute
the Agreement the Parties intended in the first instance.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed unattested by their duly authorized officers, and to have their official
seals affixed hereto as of the date first stated above.
Dated: CITY OF ANAHEIM
----------- - - - - --
ATTEST:
By: - - - - - --
CITY CLERK
Dated: ----------- - - - - --
ATTEST:
By:
--------------- - - --
CITY CLERK
By:-------------------
MAYOR
APPROVED AS TO FORM:
By: - - - - --
CITY ATTORNEY
CITY OF FOUNTAIN VALLEY
By:-------------------
MAYOR
APPROVED AS TO FORM:
By:-------------------
CITY ATTORNEY
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MetroCities Fire Authority Agreement
Dated: • CITY OF FULLEPON
-----------------
By:------------- - - - - -- •
MAYOR
ATTEST: APPROVED AS TO FORM:
By:------------- - - - - -- By:-------------------
CITY CLERK CITY ATTORNEY
Dated: CITY OF GARDEN GROVE
-----------------
By:-------------------
MAYOR
ATTEST: APPROVED AS TO FORM:
By: ------- - - - - -- — By: -- - - - - -- •
CITY CLERK CITY ATTORNEY
Dated: CITY OF HUNTINGTON BEACH
-----------------
By:------------- - - - - --
MAYOR
ATTEST: APPROVED AS TO FORM:
By:------------- - - - - -- By:-------------------
CITY CLERK CITY ATTORNEY
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MetroCities Fire Authority Agreement
•
•
Dated: ----------- - - - - --
ATTEST:
By: - - - - - --
CITY CLERK
Dated: ----------- - - - - --
ATTEST:
By:-- - - - - --
CITY CLERK
CITY OF NEWPORT BEACH
By:-----------------
MAYOR
APPROVED AS TO FORM:
By:-------------------
CITY ATTORNEY
CITY OF ORANGE
By:
--------------- - - --
MAYOR
APPROVED AS TO FORM:
By: - - - --
CITY ATTORNEY
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MetroCities Fire Authority Agreement