HomeMy WebLinkAboutC-3089 - Joint Powers Agreement - Cities of Anaheim, Brea, Fountain Valley, Fullerton, Garden Grove, Huntington Beach & OrangeC1
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Metro Cities Fire Authority
FOURTH AMENDED
JOINT POWERS AGREEMENT
This Fourth Amended Joint Powers Agreement, dated for purpose of identification
the 1 day of July , 2019 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 Brea ("Brea");
C. City of Fountain Valley ("Fountain Valley");
D. City of Fullerton ("Fullerton");
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 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. The Parties have determined that the 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 the closest available unit and to serve as a vehicle for 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.
F. The Parties have the power to contract with other agencies for
communications services, equipment and related items.
G. The Parties entered into the initial Joint Powers Agreement on the 1st day
of July 1996. The First Amended Joint Powers Agreement is dated June 23, 1997, the Second
Amended Joint Powers Agreement is dated December 7, 2000 and the Third Amended Joint
Powers Agreement is dated July 1, 2013. The Parties wish to further amend said Agreement in
its entirety through this Fourth Amended Agreement.
THE PARTIES AGREE AS FOLLOWS:
CHAPTER I
DEFINITIONS
1.1 Definitions
For the purpose of this Agreement, the words or terms specified herein shall have
the following meanings:
A. "Administrator" shall mean the Communications Manager or equivalent
position of the City of Anaheim.
B. "Agreement" shall mean collectively the initial Joint Powers Agreement
dated July 1, 1996, the First Amended Joint Powers Agreement Dated June 23, 1997, the Second
Amended Joint Powers Agreement dated December 7, 2000, the Third Amended Joint Powers
Agreement dated July 1, 2013, and this Fourth Amended Joint Powers Agreement.
C. "Authority" shall mean the Joint Powers Authority 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).
D. "Board" is the governing body of the Authority.
E. "Board Member" shall mean the voting Member or alternate appointed by
the governing body of each Member Agency to represent said agency on the Board.
F. "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.
G. "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 less than $30,000.00.
H. "Communications Center" shall mean that portion of any structure or
physical facility that houses Communications Equipment and/or Communications Center Staff.
I. "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.
J. "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.
K. "Recorded 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.
L. "Communications Center Staff" or "Staff' shall mean all personnel of the
City of Anaheim performing services related to the operations and maintenance of the Metro Cities
Communication Center, or such agency or individual as may be appointed by the Board to perform
these functions.
M. "Fiscal Year" shall mean the twelve-month period commencing July 1st and
concluding June 30th.
N. "Subscriber Agency" means each of the public agencies that are not
Members of the Joint Powers Authority that wish to contract with Metro Cities Joint Powers
Authority to receive communication services, equipment and related items and contribute to the
cost of operating and administering this Joint Powers Authority by executing a subscriber
agreement in a form approved by the Board.
O. "Treasurer" shall mean the Finance Director of the City of Anaheim, or his
or her designee, who shall hold the office in accordance with Government Code Section 6505.6,
and shall perform the duties as authorized in Section 6505 et seq of the Government Code.
CHAPTER II
SPECIAL CONSIDERATIONS
This chapter establishes the rationale for the provisions relating to funding,
administration and decision making.
2.1 Communications Center
The Metro Cities 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 Metro Cities Communications Center will
remain solely the City of Anaheim. The Board may change the location of the Communications
Center.
2.2 Communications Equipment
A. 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. An inventory of such equipment shall be maintained by
the Administrator.
B. After the effective date of this agreement, title to communications
equipment purchased for the Communications 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, 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 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 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).
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 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 Communications 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 through its Board 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, including but not limited to, contracting
with other public agencies for services, equipment and related items to those agencies;
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
in this Agreement and, to the extent permitted by law, borrow funds on a temporary basis to meet
operational expenses until expected revenue are available;
F. To the extent permitted by law, to enter into equipment lease agreements or
lease -purchase agreements or other financial arrangements extending beyond the current
budgetary cycle, necessary or convenient to the operation of the Authority (hereinafter collectively
"lease") so long as the agreement contains substantially the following provisions:
"The Authority receives its funds on an annual budgetary cycle from its individual
Members. The Authority agrees to use its best efforts to obtain authorization and
appropriation of funds from its individual Members to pay lease payments due under
this Agreement, including, without limitation, the inclusion in its budget request for each
fiscal year during the term of this Agreement a request for adequate funds to meet in full
its obligations hereunder. The Board may terminate this Agreement in the event funds
are not appropriated or appropriations are withdrawn or withheld upon thirty (30) days'
written notice. Termination under this provision shall not constitute a default or breach.
The Authority shall not be obligated to pay any additional lease payments but shall, after
written notice from Lessor, deliver the Equipment to Lessor or its assignee. Lessor
acknowledges that the individual Members shall not be liable for the debts of the
Authority."
G. The Authority empowers the Board to enter into leases, agreements and
similar transactions that require the Authority to indemnify the person with whom the Board is
contracting, so long as the exposure to liability under such indemnification is approved by the Risk
Manager of Anaheim and by Legal Counsel of the Authority and so long as the maximum exposure
to liability under such transaction does not exceed One Million Dollars ($1,000,000.00).
H. To receive gifts, contributions, grants, and donations of property, funds,
services and other forms of assistance from any person, firm, entity, corporation or public agency;
I. To sue and be sued in its own name;
J. 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;
K. To adopt rules, regulations, policies, by-laws and procedures governing the
operation of the Authority;
L. To exercise any other power in the manner and according to the methods
provided by applicable laws, 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 one (1) voting Member and one (1) alternate
appointed by the governing body of each Member Agency.
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
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 (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 and may be exercised by the
Board, unless otherwise limited by law. 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.
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 Finance Director
of the City of Anaheim shall hold the office of Treasurer and auditor, in accordance with
Government Code Section 6505.6, and shall perform the duties as authorized in Section 6505 et
seq 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 Treasurer shall keep
all revenues of the Authority in a separate account, and, if available, an interest bearing account,
and otherwise perform the duties and responsibilities of that office as specified in Sections 6505
et seq. of the Government Code. Any surplus funds not immediately needed may be invested in
accordance with the investment policy annually adopted by the Board, as required by Government
Code Section 53646, and consistent 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 of one year, or until a successor is appointed. The Board shall reorganize annually at its
first meeting of the new fiscal year.
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.
4.12 Fair Political Practices Act
The Members of the Board and alternates 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, or equivalent position, 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
its fair share percentage as determined pursuant to Section 6.1 hereof.
C. The Board 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 methods, means and personnel by which it will meet 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 through its Board 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.
B. The Authority through its Board shall purchase 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 and an Alpha/Numeric pager or
wireless device for each unit.
2. A station vocal or paging line and speaker originating at the
Communications Center.
3. A minimum of two emergency telephone reporting 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 through the Administrator with
mapping and related emergency dispatching information necessary for the efficient deployment of
fire units and manpower. Each Member shall continually update mapping and deployment
information and provide this information to the Authority through the Administrator and each
Member as appropriate.
F. Each Member shall be responsible to provide a back-up emergency dispatch
system to provide alternative emergency communication services within that Member's
jurisdiction in the event Communications Center systems at the Communications Center are
disabled or inoperative.
5.3 Services To and Reimbursement From Subscriber Agencies
A. Public entities in Orange County may receive communication services,
equipment and other items (hereinafter "communication services") from this Authority by
executing a Subscription Agreement in the form approved by the Board and by paying the annual
fee and/or other costs, as determined by the Board. Agencies which desire to participate as
Subscriber Agencies must sign the Subscription Agreement prior to receiving services or sharing
equipment or other items, and must pay their fee by July 30 of the fiscal year for which subscription
is desired. Subscription Agreements shall renew automatically from year to year unless otherwise
specified in the Agreement. Agencies which subscribe for an entire fiscal year may, at their option,
elect to pay their fee in four equal installments due and owing on or before July 30, October 1,
January 1 and April 1. Agencies which choose to become Subscriber Agencies after the
commencement of the fiscal year must sign the Subscription Agreement and pay the full amount
of the fee prior to seeking services. Fees for subsequent fiscal years, may be revised by the Board.
B. The Board may terminate any or all Subscription Agreements by giving the
affected Agency or Agencies ninety (90) days prior written notice.
C. Revenue from Subscriber Agencies shall be allocated as directed by the
Board.
D. Subscriber Agencies are not parties to this Agreement, but rather are subject
to separate Subscription Agreements, and as such, they are not voting members of this Authority.
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 within their own
jurisdiction, 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.
C. The Administrator, or his or her designee, shall invoice each Member
Agency that agency's total fair share percentage of the budget in accordance with a payment
schedule set by Resolution of the Board.
D. Final year-end adjustments of Members' costs representing the difference
between estimated annual expenditures and actual annual expenditures shall be calculated by no
later than the last day of January of the following fiscal year or after certification of the annual
audit whichever occurs first. If a Member Agency wishes such credits to be either paid to each
Member Agency or credited to that Member agency's Member Specific Communications
Equipment replacement component fund as outlined in Section 7.2.A.5, that Member's
representative on the Board shall notify the Treasurer of such election by no later than the last day
of January of the following fiscal year.
If no Member Agency has made such an election by the last day of January of the
following fiscal year, the Treasurer shall deposit all year-end credits into the Communications
Equipment capital reserve account by the last day of January of the following fiscal year, as
outlined in Section 7.2.A.4.
If any Member agency by the last day of January of the following fiscal year elects
either payment of the year-end credit or deposit of such credit into its Member Specific
Communications Equipment replacement component, the remaining Members shall either be paid
the year-end credit or elect to deposit the credit into their Member Specific Communications
Equipment replacement component in accordance with policies and procedures established by
Resolution of the Board.
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 Depai truents, 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.
6.3 Emergency Repairs
In the event the Communications Center or Communications Equipment suffers
damage which interferes with emergency communications services and requires emergency
repairs, the Administrator is authorized without prior Board approval to expend the funds to have
the necessary emergency repairs made so that services are resumed as soon as possible. Prior
Board approval shall be obtained whenever practical.
6.4 Capital Improvements -Funding
In the event the Communications 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. Expenditures shall be approved in accordance with Section
7.2B, approval of which shall require the 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. 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 the
last business day in January 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 include but not be limited to:
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.
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. 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 component 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) that do not
exceed ten percent (10%) of the annual budget may be made by the Board through a budgetary
amendment. Special assessments that exceed ten percent (10%) of the annual budget may be levied
by the Board provided that prior 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;
(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 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 in accordance with policies and/or procedures
established by Resolution of the Board. A summation of such payments shall be presented to the
Board as part of the Treasurer's quarterly report.
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.
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.B 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 part, by the
negligent acts, conduct, or omissions of one 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 by, 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.
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 within thirty (30)
days, the Board shall have the right to immediately terminate the membership. Termination of the
membership of a Member 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 waiving 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 any 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 six (6) 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 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 may be purchased first by the City of
Anaheim and then by any Member Agency who is interested and who, having submitted a sealed
bid, is the highest bidder. Such sealed bid shall not be lower than the appraised value. 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 as determined for the most recent fiscal year.
B. Upon termination of this Agreement, all capital equipment purchased prior
to this Agreement, as specified in Section 2.2.A through 2.2.F 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 (51 %) of the fair share percentage as determined for the most recent fiscal year in the
Authority. Amendments to Sections 8.2, 8.3 and 11.1 shall require the unanimous consent of the
Members. 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
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.
11.4 Counterparts.
This Agreement may be executed in any number of counterparts, each of which
shall be deemed to be an original, but all of which together shall constitute but one and the same
instrument.
[Signatures appear on the following pages]
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: 12/ el /j I
ATTEST:
CITY CLERK
Dated:
ATTEST:
By:
APPROVED AS TO FORM:
CITY OF BREA
By:
MAYOR
APPROVED AS TO FORM:
By:
CITY CLERK CITY ATTORNEY
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
By:
MAYOR
ATTEST: APPROVED AS TO FORM:
By:
CITY CLERK
Dated:
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
BY:
CITY ATTORNEY
Dated: R-2.6 - tR
ATTEST:
By:
Dated:
CITY CLERK
CITY OF FOUNTAIN VALLEY
By:
MAYOR
APPROVED AS TO FORM:
By: /(71.--'---Z
CITY ATTORNEY
CITY OF FULLERTON
By:
MAYOR
ATTEST: APPROVED AS TO FORM:
By: By:
CITY CLERK CITY ATTORNEY
Dated:
ATTEST:
CITY OF FOUNTAIN VALLEY
By:
MAYOR
APPROVED AS TO FORM:
By:
Y CLERK CITY ATTORNEY
Dated:2-s -ZcZ.o
CITY OF FUL ERTON
al
AellEV-ari"
MAY"
ATTEST: APPROVE P S TO FORM:
By:
CITY CLERK
TY ATTORNEY
Dated: a^ad -1/ CITY OF HUNTINGTON BEACH
ATTEST:
B
43rCITY CLERK
Dated:
B
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY A
CITY OF NEWPORT BEACH
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
Dated: CITY OF NEWPORT BEACH
ATTEST:
By:
CITY CLERK
By:
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY ok„\A
`\
22
Dated: CITY OF ORANGE
ATTEST:
CITY CLERK
134747
By.
MAYOR
APPROVED AS TO FORM:
By: (M
ACh CITY ATTORNE
•
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Metro Cities Fire Authority
THIRD AMF.NDFI)
JOINT POWERS AGREEMENT
Thi ird ' Amended Joint Powers Agreement, dated for purpose of identification
day of I` r , 2013 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 Brea ("Brea");
C. City of Fountain Valley ("Fountain Valley");
D. City of Fullerton ("Fullerton");
E. City of Garden Grove ("Garden Grove");
F. City of Huntington Beach ("Huntington Beach");
G. City of Newport Beach ("Newport Beach"); and
H. 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 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. The Parties have determined that the 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 the closest available unit and to serve as a vehicle for evaluating other opportunities
for joint operations.
E. The Parties each have thc 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.
F. The Parties have the power to contract with other agencies for
communications services, equipment and related items.
G. The Parties entered into the initial Joint Powers Agreement on thc 1st day
of July, 1996. The First Amended Joint Powers Agreement is dated June 23, 1997 and the
Second Amended Joint Powers Agreement is dated December 7, 2000. The Parties wish to
further amend said Agreement in its entirety through this Third Amended Agreement.
THE PARTIES AGREE AS FOLLOWS:
CHAPTER I
DEFINITIONS
1.1 Definitions
For the purpose of this Agreement, the words or terms specified herein shall have
the following meanings:
A. "Administrator" shall mean the Communications Manager or equivalent
position of the City of Anaheim.
B. "Agreement" shall mean collectively the initial Joint Powers Agreement
dated July 1, 1996, the First Amended Joint Powers Agreement Dated June 23, 1997, the Second
Amended Joint Powers Agreement dated December 7, 2000, and this Third Amended Joint
Powers Agreement.
C. "Authority" shall mean the John Powers Authority 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).
D. "Board" is the governing body of the Authority.
E. "Board member' shall mean the voting member or alternate appointed by
the governing body of each Member agency to represent said agency on the Board.
F. "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.
G. "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 less than $30,000.00.
2
H. "Communications Center" shall mean that portion of any structure or
physical facility that houses Communications Equipment and/or Communications Center Staff.
I. "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.
J. "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.
K. "Recorded 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.
L. "Communications Center Staff" or "Staff" shall mean all personnel of the
City of Anaheim performing services related to the operations and maintenance of the Metro
Cities Communication Center, or such agency or individual as may be appointed by the Board to
perform these functions.
M. "Fiscal Year" shall mean the twelve month period commencing July 1st
and concluding June 30th.
N. "Subscriber Agency" means each of the public agencies that are not
Members of the Joint Powers Authority that wish to contract with Metro Cities Joint Powers
Authority to receive communication services, equipment and related items and contribute to the
cost of operating and administering this Joint Powers Authority by executing a subscriber
agreement in a form approved by the Board.
0. "Treasurer" shall mean the Finance Director of the City of Anaheim, or his
or her designee, who shall hold the office in accordance with Government Code Section 6505.6,
and shall perform the duties as authorized in Section 6505 et seq of the Government Code,
CHAPTER II
SPECIAL CONSIDERATIONS
This chapter establishes the rationale for the provisions relating to funding,
administration and decision making.
2,1 Communications Center
The Metro Cities 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 Metro Cities Communications Center
wilt remain solely the City of Anaheim. The Board may change the location of the
Communications 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, which inventory is set forth on Exhibit "A"
attached hereto and incorporated herein by this reference. 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.
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, which inventory is set forth on Exhibit "13"
attached hereto and incorporated herein by reference. 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, which
inventory is set forth on Exhibit "C" attached hereto and incorporated herein by reference. 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 lu 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. An inventory of such equipment shall be maintained by
the Administrator.
E. After the effective date of this agreement, title to communications
equipment purchased for the Communications 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, 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 said
equipment and shall be disposed of as outlined in Section 10.2
F. The Cities of Anaheim, Fullerton, Garden Grove and Orange previously
funded and installed a CAD/RMS System, the cost of which was $1,298,500.00 (hereinafter
"System") which focus the basis of the communications network. The Cities of Fountain
Valley, Huntington Beach and Newport Beach agree to buy into the CAD/RMS by paying 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 the Cities of Fountain Valley,
4
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 reference,
G. 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.
H. The City of Brea agrees to contribute to the Authority Reserves for
Communication Equipment Fund (Reserves) by paying their Fair Share of the balance of the
Reserves as reported in the "Metro Cities Fire Authority Financial Report For The Quarter Ended
December 31, 2012". The City of Brea will pay their Fair Share costs in one lump sum or 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 on July 1, 2013 and concluding June 30, 2018. The Fair Share contribution by the
City of Brea shall be allocated according to the formula in Section 6.1(a) of this Agreement,
using the recorded incidents of the Authority budget of 2013-2014, which incidents are based
upon incidents occurring during the 2012 calendar year.
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 1 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 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;
5
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 Communications 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 through its Board 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, including but not limited to, contracting
with other public agencies for services, equipment and related items to those agencies;
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
in this Agreement and, to the extent permitted by law, borrow funds on a temporary basis to meet
operational expenses until expected revenue are available;
F. To the extent permitted by law, to enter into equipment lease agreements
or lease -purchase agreements or other financial arrangements extending beyond the current
budgetary cycle, necessary or convenient to the operation of the Authority (hereinafter
collectively "lease") so long as the agreement contains substantially the following provisions:
"The Authority receives its funds on an annual budgetary cycle from its individual
Members. The Authority agrees to use its best efforts to obtain authorization and
appropriation of funds from its individual Members to pay lease payments due under
this Agreement, including, without limitation, the inclusion in its budget request for
each fiscal year during the term of this Agreement a request for adequate funds to meet
in full its obligations hereunder, The Board may terminate this Agreement in the event
funds are not appropriated or appropriations are withdrawn or withheld upon thirty
6
(30) days' written notice. Termination under this provision shall not constitute a
default or breach. The Authority shall not be obligated to pay any additional lease
payments but shall, after written notice from Lessor, deliver the Equipment to Lessor
or its assignee. Lessor acknowledges that the individual Members shall not be liable
for the debts of the Authority."
G. The Authority empowers the Board to enter into leases, agreements and
similar transactions that require the Authority to indemnify the person with whom the Board is
contracting, so long as the exposure to liability under such indemnification is approved by the
Risk Manager of Anaheim and by Legal Counsel of the Authority and so long as the maximum
exposure to liability under such transaction does not exceed One Million Dollars
($1,000,000.00).
H. To receive gifts, contributions, grants, and donations of property, funds,
services and other forms of assistance from any person, firm, entity, corporation or public
agency;
To sue and be sued in its own name;
J. 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;
K. To adopt rules, regulations, policies, by-laws and procedures governing
the operation of' the Authority;
L. To exercise any other power in the manner and according to the methods
provided by applicable laws, 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 one (1) voting member and one (1) alternate
appointed by the governing body of each Member agency.
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.
7
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 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 (or the altemate 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 and may be exercised by the
Board, unless otherwise limited by law. 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.
4.8 Rules
The Board may adopt rules and regulations for the conduct of its affairs that are
not in conflict with this Agreement.
8
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 Finance
Director of the City of Anaheim shall hold the office of Treasurer and auditor, in accordance
with Government Code Section 6505.6, and shall perform the duties as authorized in Section
6505 et seq 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 Treasurer shall
keep all revenues of the Authority in a separate account, and, if available, an interest bearing
account, and otherwise perform the duties and responsibilities of that office as specified in
Sections 6505 et seq. of the Government Code. Any surplus funds not immediately needed may
be invested in accordance with the investment policy annually adopted by the Board, as required
by Government Code Section 53646, and consistent 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 of one year, or until a successor is appointed. The Board shall
reorganize annually at its first meeting of the new fiscal year.
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.
4.12 Fair Political Practices Act
The members of the Board and alternates 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.
9
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, or equivalent position, 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 its fair share percentage as determined pursuant to Section 6.1 hereof.
C. The Board 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 mailers 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 methods, means and personnel by which it will meet 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
10
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 rentatuse 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 through its Board 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.
B. The Authority through its Board shall purchase 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 ora 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 reporting 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.
11
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 through the Administrator with
mapping and related emergency dispatching information necessary for the efficient deployment
of fire units and manpower, Each Member shall continually update mapping and deployment
information and provide this information to the Authority through the Administrator and each
Member as appropriate.
F. Each Member shall be responsible to provide a back-up emergency
dispatch system to provide alternative emergency communication services within that Member's
jurisdiction in the event Communications Center systems at the Communications Center are
disabled or inoperative.
5,3 Services To and Reimbursement From Subscriber Agencies
A. Public entities in Orange County may receive communication services,
equipment and other items (hereinafter "comntmtication services") from this Authority by
executing a Subscription Agreement in the form approved by the Board and by paying the annual
fee and/or other costs, as determined by the Board. Agencies which desire to participate as
Subscriber Agencies must sign the Subscription Agreement prior to receiving services or sharing
equipment or other items, and must pay their fee by July 30 of the fiscal year for which
subscription is desired. Subscription Agreements shall renew automatically from year to year
unless otherwise specified in the Agreement. Agencies which subscribe for an entire fiscal year
may, at their option, elect to pay their fee in four equal installments due and owing on or before
July 30, October 1, January 1 and April 1. Agencies which choose to become Subscriber
Agencies after the commencement of the fiscal year must sign the Subscription Agreement and
pay the full amount of the fee prior to seeking services. Fees for subsequent fiscal years, may be
revised by the Board.
B. The Board may terminate any or all Subscription Agreements by giving
the affected Agency or Agencies ninety (90) days prior written notice.
Board.
C. Revenue from Subscriber Agencies shall be allocated as directed by the
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
12
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
Al 1RIBUTABLE 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,
C. The Administrator, or his or her designee, shall invoice each Member
agency that agency's total fair share percentage of the budget in accordance with a payment
schedule set by Resolution of the Board.
D. Final year-end adjustments of Members' costs representing the difference
between estimated annual expenditures and actual annual expenditures shall be calculated by no
later than the last day of the first quarter of the following fiscal year. If a Member agency wishes
such credits to be either paid to each Member agency or credited to that Member Agency's
Member Specific Communications Equipment replacement component fund as outlined in
Section 7.2.A.5, that Member's representative on the Board shall notify the Treasurer of such
election by no later than September 20 of the following fiscal year.
If no Member agency has made such an election by September 20 of the
following fiscal year, the Treasurer shall deposit all year-end credits into the Communications
Equipment capital reserve account by September 30, as outlined in Section 7.2.A.4.
If any Member Agency by September 20 of the following fiscal year elects either
payment of the year-end credit or deposit of such credit into its Member Specific
Communications Equipment replacement component, the remaining Members shall either be
paid the year-end credit or elect to deposit the credit into their Member Specific Communications
13
Equipment replacement component in accordance with politics and procedures established by
Resolution of the Board.
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 (I2%) 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 Attorneys 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 Communications Center or Communications Equipment suffers
damage which interferes with emergency communications services and requires emergency
repairs, the Administrator is authorized without prior Board approval to expend the funds to have
the necessary emergency repairs made so that services are resumed as soon as possible. Prior
Board approval shall be obtained whenever practical.
6.4 Capital improvements -Funding
In the event the Communications 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 fi•om 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. Expenditures shall be approved in
accordance with Section 7.2B, approval of which shall require the positive consent of the number
of member agencies necessary to represent a minimum of Fifty -One Percent (5 L%) of the fair
share participation in the Authority. Each Member shall pay its estimated fair share percentage of
the repairs within 30 days after the award of the contract.
14
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 the
last business day in January 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 include but not be litnited to:
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.
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.
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 component
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.
15
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) that do
not exceed ten percent (10%) of the annual budget may be made by the Board through a
budgetary amendment. Special assessments that exceed ten percent (10%) of the annual budget
may be levied by the Board provided that prior 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 perccntagc;
(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 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 in accordance with policies and/or procedures
established by Resolution of the Board. A summation of such payments shall be presented to the
Board as part of the Treasurer's quarterly report.
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 eamings, revenues and expenditures shall be reported
quarterly to the Board.
16
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.
CHAPTER YHI
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.B 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 part, by
the negligent acts, conduct, or omissions of one 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.
17
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 by, 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 cxtcnd to
bodily injury or property damage caused by an unlawthl, fraudulent or willful act or omission of
the Authority or its officers or employees.
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 atter withdrawal, including distribution in the event of termination of the
18
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
proposes 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 VIIl. 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
within thirty (30) days, the Board shall have the right to immediately terminate the Membership.
Termination of the Membership of a Member 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 imposcd 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 terrination 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 waiving 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 any 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 six (6) 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 terrination 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.
19
10.2 Distribution of Property
A. All capital equipment purchased as part of this 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 may be purchased first by the City of
Anaheim and then by any Member agency who is interested and who, having submitted a sealed
bid, is the highest bidder. Such sealed bid shall not be lower than the appraised value. 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 as determined for the most recent fiscal year,
B. Upon termination of this Agreement, all capital equipment purchased prior
to this Agreement, as specified in Section 2.2.A through 2,2.F 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 (51%) of the fair share percentage as determined for the most recent fiscal year in
the Authority. Amendments to Sections 8.2, 8.3 and 11,1 shall require the unanimous consent of
the Members. 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.
20
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 retraining 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.
11.4 Counterparts.
This Agreement may be executed in any number of countctparts, each of which
shall he deemed to be an original, hut all of which together shall constitute but one and the same
instrument.
(Signatures appear on the following pages)
2t
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: `3 - i3
ATTEST:
Dated:
CITY OF ANAHEIM
By: lf1 e.r(ci-,/e,
Fire Chief of City of Anaheim
APPROVED AS TO FORM:
CITY OF BREA
By:
MAYOR
ATTEST: APPROVED AS TO FORM:
By: By:
CITY CLERK CITY ATTORNEY
22
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
A l I EST:
By:
By:
MAYOR
APPROVED AS TO FORM:
By:
CITY CLERK CITY ATTORNEY
Dated: z%_ A-/3 CITY
ATTEST:
By:
CITY CLERK
By
APPROVED AS TO FORM:
By:
CITY Al IORNEY
22
Dated: CITY OF FOUNTAIN VALLEY
By:
MAYOR
ATTEST: APPROVED AS TO FORM:
By: By:
Dated:
CITY CLERK
ATTEST:
CITY CLERK
CITY A I I ORNEY
CITY OF FULLERTON
By:
MAYOR
APPROVED AfS-TO FORM:
By: `..
23
CITY \I1ORNEY
Dated: /-xi CITY ► FOUNTAIDT'LLEY
AI IEST:
By:
tt.i6 CIT CLERK
Dated:
MAYOR
APPROVED AS TO FORM:
By:
CITY ATTORNEY
CITY OF FULLERTON
By:
MAYOR
A I I EST: APPROVED AS TO FORM:
By: By:
CITY CLERK CITY ATTORNEY
23
Dated: CITY OF GARDEN GROVE
By:
MAYOR
ATTEST: APPROVED AS TO FORM:
By: By:
CITY CLERK CITY ATTORNEY
Dated: CITY OF HUNTINGTON BEACH
ATTEST:
By: f �114 L" APPROVED AS TO FO
JENNIPEMcnnx7t
MAYOR PRO TEM
APPROVED AS TO FORM:
24
Dated: CITY OF NEWPORT REACH
AT1 EST:
CITY CLERK
Dated: ' 21-17-2
MAYOR
APPROVED TO FORM:
CITY ATTORNEY
CITY OF ORANGE
By:
MAYOR
Al 1 EST: APPROVED AS TO FORM:
By: By:
CITY CLERK CITY ATTORNEY
25
Dated: CITY OF NEWPORT BEACH
By:
MAYOR
A 1 I EST: APPROVED AS TO FORM:
By: By:
CITY CLERK CITY ATTORNEY
Dated:
CITY OF ORANGE
MAYOR
ATTEST: APPROVED AS TO FORM:
By: t{>� C 1 ct <dV By:
c
CIT " CLERK CITY ATTORNEY
25
VOMIT 'A'
A
B
0
D
", E
1
INVENTORY ASSETS AS OF JUNE 1, 1996 PER PARAGRAPH 2.2 A
OLO
NEW
CURRENTVALUE
EXPECTED YEARSEEFORE REPLACEMENT
2
2. Flashboards
x
1,060.0015
years
3
1 -TV Cabinet
x
460.00
16 years
4
3• TVS
x
1,400.00
6yewa
6
1 -VCR
x
325,00
3 years
6
1 . Answelphone (Media tape line)
x
630.00
5 years
T
2•Raksels
x
6,000.00
3 years
9
1 -Fax machine
x
1,600.00
9 years
8
1 -24 hour logging recorder
x
61,929.00
10 years
10
1 - Round table
x
170.00
16 years
11
5 -2 Drawer rile cabinets
x
1,000.00
15 years
12
6 -3 ShaR bookasaes
x
500.00
16 ysare
- 13
x
300.00
6 wave
14
2 - Large credenza
x
600.00
6 yeare
15
3 - Executive otace chairs
x
900.00
5yeara
19
7 - Office chairs
x
1,050.00
6 years
17
6 - Dispatch chairs
x
3,000.00
2 years
15
10 - Conference room chairs
x
2,500.00
6 years
19
6 - Kitchen chairs
x
1,200.00
3 years
^J1
4 •Office chairs
x
300.00
2 years
Couch/1-Chair
x
900,00
10 Years
22
9 - Reception area tables
x
500.00
15 years
F3
3 - Office desks wllh computer stalionsheturne
x
6,250.00
15 years
24
9 - Office credenza's
x
3,000.00
16 years
2i
1 - 2 Drawer file cabinet
x
100.00
5 ydara
24
6 - Sets Clawson Cards
x
2,992,00
10 years
7T
3 - Computer vmrk tables
x
900.00
15 years
36 - Lockers '
x
600.00
5 years
29
1 - Coal rack
x
210.00
10 years
30
8 -4 drawer file cabinet
x
760.00
6 years
31
1 . Supply cabinet
x
160.00
6 yeqars
32
1 - Security fire file
x
600.00
15 y4ars
moiiorr 'A'
A
B
0
0
E
32
INVENTORYASSETS AS OF JUNE 1, 1096 PER PARAGRAPH 2.2A
0L0
NEW
CURRENT VALUE
EVE YEAR$BEFOBEREPLACEMENT
31
2 • Small conference room credenza's
x
720.00
16 years
35
1 • Conference room table
x
750.00
10 years
35
87
1-fts(tigetat0r
x
1,000.00
10 years
1 -Microwave oven
x
400.00
3 years
38
t-Dishwasher
x
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
4,600.00
5 years
44
1 • Keyboard/Monitor
x
b54.00
5 years
45
1 - Oesklat 8500
x
600.00
5 years
48
1 -Scanner
x
980.00
5 yea,a
41
1 • Mlscelleanous Software
x
1,600.00
5 years
48
2 • Color Plus 14 In. Manlier
x
900.00
8years
49
2- Extended Keyboard 11
x
200.00
3 years
E0
2 • PowerPc 801166mhz
x
3,400.00
3 years
51
1-Canlvey PC4XV-8ft
x
600,00
1 year
@
1 • 14' Super VOA Color Monitor
x
160.00
1 year
t0
1 -Keyboard
x
60.00
1 year
64
6S
Miscellaneous Office Supplies On Hand
1,600.00
1 -TV/FOC Conference Rm.
x
400.00
0 years
56
4 - Wa1V0esk Clocks
x
90.00
6 x$ars
61
1 -CAD! Backup System III
x
23,000.00
6 ears
58
1 - CADVNCP Backup System
x
23,000.00
6 years •
CO
TOTAL
173,976.00.
par
091$BfT 'A'
A
B
C
0
1
INVENTORY ASSETS AS OF JUNE 1, 1995 PER PARAGRAPH 2.2 A
OLb
NEW
CO}1RENT VALUE
2
2-CENTRACOMIIPLUS
X
36,00D.00
3
4-CENTAACOM IPWS RECONFIGURED
X
X
37,880,00
4
6- 019fta1 Call Checks
X
23,301.00
6 - 911 Equipment
X
33,414.00
S
Syslsm 11 Radio Equipment
X
400.197.00
7
6
MDT Frequency
1.000,00D.00
0
10
CAD System Hardware & Software
X
1,290,000.00
11
12
13
TOTAL.
2,829,092.00
EXHIBR'0'
A
S
C
0
1
INVENTORY ASSETS AS OF JULY 1,1988 PER PARAGRAPH 2.213
OLD
NEW
Cf1101NALVALUE
2
5- Syntor Base Radios
X
15,355.00
3
4
2 • Syntor Base Local Tmnked Controllers
X
10,980.00
1 • CAD Interface Syntor, PC & Modem
X
23,000.00
8
3- Clawson EMS Cardsats
X
1,050.00
e
7
TOTAL
50,385.00
Par
EXHItlfr'c.
8
0
0
1
INVENTORY ASSETS ASOFJULYI,1296PER PARAGRAPH 2.2C
0L0NSWValueNow
2
1 - B1603A Single Bay 3- Panel Enclosure
X
1,439,00
3
3 -131400 Master Control Panels
X
11,616.00
4
3 - 13I.N1143 Operator Interface Modules (from CEB)
X
4,689.00
5
8 - B1401 Channel Control Panels
X
6,240.00
6
30 - B1405 T1/R1 Channel Control Modules
X
8,220.00
7
4 - 81802F Single Bay 45 Degree 2 Panel Enclosures
X
4,916.00
e
12 - 81604A Single Bay 4 Panel Enclosures
X
2,078.00
9
4-131604FSingle Bay 45 Degree Panel Enclosures
X
2,378.00
10
11
12
11 - 81248A Blank Half Panels
X
451.00
6 • BLN1148A Headset Jacks
X
1,320.00
1 - 8LN8179 Side Panel for 3 Panel Bay
X
99.00
13
3 - K577 Telephone/Headset Interface Boards
X
1,028.00
14
5 - B1406 T2R2 Channel Control Modules
X
1,370.00
15
14 - 61406 TIRM Channel Control Modules
X
5,208.00
t6
1?
TOTAL
51,048.00
Per
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
Huntington Beach 16.80
Newport Beach 9.04
$ , .$9,990.70
$ 218,146.00
$ 117,384.40
REIMBURSEMENT % Total Amount
Anaheim
Fullerton
Garden Grove
Orange
45.68
16.41
19.35
18.56
$ 180,674.95
$ 64,905.34
$ 76,533.72
$ 73,409.09
$ 11,998.14
$ 43,629,60
$ 23,476.88
Annual Rmb
$ 36,134.99
$ 12,981.07
$ 15,306.74
$ 14,681.82
$ 2,999.54
$ 10,907.40
$ 5,869.22
Quarterly Rmb
$ 9,033.75
$ 3,245.27
$ 3,826.68
$ 3,670.45
>
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Metro Cities Fire Authority
SECOND AMENDED
JOINT POWERS AGREEMENT
This Second Amended Joint Powers Agreement, dated for
purpose of identification the Till day of 4/i rnbx/t., 2000 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 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. The Parties have determined that the 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
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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 the closest available unit and to serve
as a vehicle for 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.
F. The Parties have the power to contract with other
agencies for communications services, equipment and related items.
G. The Parties entered into the initial Joint Powers
Agreement on the 1st day of July, 1996. The First Amended Joint
Powers Agreement is dated June 23, 1997. The Parties wish to
further amend said Agreement in its entirety through this Second
Amended Agreement.
THE PARTIES AGREE AS FOLLOWS:
CHAPTER I
DEFINITIONS
1.1 Definitions
For the purpose of this Agreement, the words or terms
specified in this Chapter shall have the following meanings:
A. "Administrator" shall mean the Communications
Manager or equivalent position of the City of Anaheim.
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B. "Authority" shall mean the Joint Powers Authority
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" is the governing body of the Authority.
D. "Board member" shall mean the voting member or
alternate appointed by the governing body of each Member agency to
represent said agency on the Board.
E. "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.
F. "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 less than $30,000.00.
G. "Communications Center" shall mean that portion of
any structure or physical facility that houses Communications
Equipment and/or Communications Center Staff.
H. "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.
I. "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.
J. "Recorded Incident" shall mean any call for service
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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.
K. "Communications Center Staff" or "Staff" shall mean
all personnel of the City of Anaheim performing services related
to the operations and maintenance of the Metro Cities Communication
Center, or such agency or individual as may be appointed by the
Board to perform these functions.
L. "Fiscal Year" shall mean the twelve month period
commencing July 1st and concluding June 30th.
M. "Subscriber Agency" means each of the public
agencies that are not Members of the Joint Powers Authority that
wish to contract with Metro Cities Joint Powers Authority to
receive communication services, equipment and related items and
contribute to the cost of operating and administering this Joint
Powers Authority by executing a subscriber agreement in a form
approved by the Board.
CHAPTER II
SPECIAL CONSIDERATIONS
This section establishes the rationale for the provisions
relating to funding, administration and decision making.
2.1 Communications Center
The Metro Cities Fire Authority Communications Center,
located at 201 S. Anaheim Boulevard, Anaheim, CA, was constructed
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and is owned by the City of Anaheim. Ownership of the real property
and facility housing the Metro Cities Communications Center will
remain solely the City of Anaheim. The Board may change the
location of the Communications 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, which inventory is set forth on
Exhibit "A" attached hereto and incorporated herein by this
reference. 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.
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, which inventory is set
forth on Exhibit "B" attached hereto and incorporated herein by
reference. 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, which inventory is set
forth on Exhibit "C" attached hereto and incorporated herein by
reference. Title to this equipment existing as of the date of
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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. An inventory of such
equipment shall be maintained by the Administrator.
E. After the effective date of this agreement, title
to communications equipment purchased for the Communications 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, 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 said equipment and shall be disposed of as
outlined in Section 10.2
F. The Cities of Anaheim, Fullerton, Garden Grove and
Orange previously funded and installed a CAD/RMS System, the cost
of which was $1,298,500.00 (hereinafter "System") 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 paying 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,
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2001. The fair share reimbursement cost by 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 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). The Authority shall be considered a
public entity separate and apart from the Members. Within thirty
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(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 Communications 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 through its Board shall have the power, in
its own name, to do any of the following:
A. To jointly exercise the common powers of the
Members;
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B. To make and enter into contracts, including but not
limited to, contracting with other public agencies for services,
equipment and related items to those agencies;
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 in this Agreement and, to the extent
permitted by law, borrow funds on a temporary basis to meet
operational expenses until expected revenue are available;
F. To the extent permitted by law, to enter into
equipment lease agreements or lease -purchase agreements or other
financial arrangements extending beyond the current budgetary
cycle, necessary or convenient to the operation of the Authority
(hereinafter collectively "lease") so long as the agreement
contains substantially the following provisions:
"The Authority receives its funds on an annual budgetary
cycle from its individual Members. The Authority agrees to
use its best efforts to obtain authorization and
appropriation of funds from its individual Members to pay
lease payments due under this Agreement, including, without
limitation, the inclusion in its budget request for each
fiscal year during the term of this Agreement a request for
adequate funds to meet in full its obligations hereunder.
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The Board may terminate this Agreement in the event funds are
not appropriated or appropriations are withdrawn or withheld
upon thirty (30) days' written notice. Termination under
this provision shall not constitute a default or breach. The
Authority shall not be obligated to pay any additional lease
payments but shall, after written notice from Lessor, deliver
the Equipment to Lessor or its assignee. Lessor acknowledges
that the individual Members shall not be liable for the debts
of the Authority."
G. The Authority empowers the Board to enter into
leases, agreements and similar transactions that require the
Authority to indemnify the person with whom the Board is
contracting, so long as the exposure to liability under such
indemnification is approved by the Risk Manager of Anaheim and by
Legal Counsel of the Authority and so long as the maximum exposure
to liability under such transaction does not exceed One Million
Dollars ($1,000,000.00).
H. To receive gifts, contributions, grants, and
donations of property, funds, services and other forms of
assistance from any person, firm, entity, corporation or public
agency;
I. To sue and be sued in its own name;
J. 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;
K. To adopt rules, regulations, policies, by-laws and
procedures governing the operation of the Authority;
L. To exercise any other power in the manner and
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according to the methods provided by applicable laws, 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 one (1) voting member and
one (1) alternate appointed by the governing body of each Member
agency.
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 change the
principal office from one location to another within the County of
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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 (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 and
may be exercised by the Board, unless otherwise limited by law.
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
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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, and shall perform
the duties as authorized in Section 6505 et seq 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 treasurer shall keep all
revenues of the Authority in a separate account, and, if available,
an interest bearing account, and otherwise perform the duties and
responsibilities of that office as specified in Sections 6505 et
seq. of the Government Code. Any surplus funds not immediately
needed may be invested in accordance with the investment policy
annually adopted by the Board, as required by Government Code
Section 53646, and consistent 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 of one
year, or until a successor is appointed. The Board shall
reorganize annually at its first meeting of the new fiscal year.
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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.
4.12 Fair Political Practices Act
The members of the Board and alternates 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.
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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, or
equivalent position, 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 its fair share percentage as determined pursuant to
Section 6.1 hereof.
C. The Board 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.
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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 methods, means and personnel by which it
will meet 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
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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 through its Board 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.
B. The Authority through its Board shall purchase 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.
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2. A station vocal or paging line and speaker
originating at the Communications Center.
3. A minimum of two emergency telephone reporting
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 through the
Administrator with mapping and related emergency dispatching
information necessary for the efficient deployment of fire units
and manpower. Each Member shall continually update mapping and
deployment information and provide this information to the
Authority through the Administrator and each Member as appropriate.
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F. Each Member shall be responsible to provide a
back-up emergency dispatch system to provide alternative emergency
communication services within that Member's jurisdiction in the
event Communications Center systems at the Communications Center
are disabled or inoperative.
5.3 Services To and Reimbursement From Subscriber Agencies
A. Public entities in Orange County may receive
communication services, equipment and other items (hereinafter
"communication services") from this Authority by executing a
Subscription Agreement in the form approved by the Board and by
paying the annual fee and/or other costs, as determined by the
Board. Agencies which desire to participate as Subscriber Agencies
must sign the Subscription Agreement prior to receiving services
or sharing equipment or other items, and must pay their fee by July
30 of the fiscal year for which subscription is desired.
Subscription Agreements shall renew automatically from year to year
unless otherwise specified in the Agreement. Agencies which
subscribe for an entire fiscal year may, at their option, elect to
pay their fee in four equal installments due and owing on or before
July 30, October 1, January 1 and April 1. Agencies which choose
to become Subscriber Agencies after the commencement of the fiscal
year must sign the Subscription Agreement and pay the full amount
of the fee prior to seeking services. Fees for subsequent fiscal
years, may be revised by the Board.
B. The Board may terminate any or all Subscription
Agreements by giving the affected Agency or Agencies ninety (90)
days prior written notice.
C. Revenue from Subscriber Agencies shall be allocated
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as directed by the Board.
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.
C. The Administrator, or his or her designee, shall
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invoice each Member agency that agency's total fair share
percentage of the budget in accordance with a payment schedule set
by Resolution of the Board.
D. Final year-end adjustments of Members' costs
representing the difference between estimated annual expenditures
and actual annual expenditures shall be calculated by no later than
the last day of the first quarter of the following fiscal year.
If a Member agency wishes such credits to be either paid to each
Member agency or credited to that Member Agency's Member Specific
Communications Equipment replacement component fund as outlined in
Section 7.2.A.5, that Member's representative on the Board shall
notify the Treasurer of such election by no later than September
20 of the following fiscal year.
If no Member agency has made such an election by
September 20 of the following fiscal year, the Treasurer shall
deposit all year-end credits into the Communications Equipment
capital reserve account by September 30, as outlined in Section
7.2.A.4.
If any Member Agency by September 20 of the following
fiscal year elects either payment of the year-end credit or deposit
of such credit into its Member Specific Communications Equipment
replacement component, the remaining Members shall either be paid
the year-end credit or elect to deposit the credit into their
Member Specific Communications Equipment replacement component in
accordance with policies and procedures established by Resolution
of the Board.
6.2 Administrative Services
A. Anaheim shall provide the Administrative Services
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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.
6.3 Emergency Repairs
In the event the Communications Center or Communications
Equipment suffers damage which interferes with emergency
communications services and requires emergency repairs, the
Administrator is authorized without prior Board approval to expend
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the funds to have the necessary emergency repairs made so that
services are resumed as soon as possible. Prior Board approval
shall be obtained whenever practical.
6.4 Capital Improvements -Funding
In the event the Communications 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. Expenditures shall be approved in accordance with
Section 7.2B, approval of which shall require the 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. 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 the last business day in January of each year for
their review. Said budget shall be submitted to the Board for
consideration and adoption. Budget adoption shall require positive
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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 include but
not be limited to:
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.
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
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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 component 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) that do not
exceed ten percent (10%) of the annual budget may be made by the
Board through a budgetary amendment. Special assessments that
exceed ten percent (10%) of the annual budget may be levied by the
Board provided that prior 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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(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 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 in accordance with
policies and/or procedures established by Resolution of the Board.
A summation of such payments shall be presented to the Board as
part of the Treasurer's quarterly report.
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
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Fifty -One Percent (51%) of the fair share participation in the
Authority.
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
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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.B 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 part, by the negligent
acts, conduct, or omissions of one 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
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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 by, 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.
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.
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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
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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 within thirty (30) days, the Board shall have the
right to immediately terminate the Membership. Termination of the
Membership of a Member 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 waiving 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 any 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.
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percentage as determined for the most recent fiscal year.
B. Upon termination of this Agreement, all capital
equipment purchased prior to this Agreement, as specified in
Section 2.2.A through 2.2.F 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 (51%) of the fair share percentage
as determined for the most recent fiscal year in the Authority.
Amendments to Sections 8.2, 8.3 and 11.1 shall require the
unanimous consent of the Members. 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.
/1
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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: /0/13/ 00 CITY OF eNAHEIM
By:
/c7 L.
YOR
ATTEST: APPROVED AS TO F!•M:
CLERK
By:
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Y AT ORN
EXHIBIT'A'
A
B
C
D
.I E
1
INVENTORY ASSETS AS OF JUNE 1, 1996 PER PARAGRAPH 2.2 A
OLD
NEW
CURRENT VALUE
EXPECTED YEP,RS 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
530.00
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
14
2 - Large credenza
x
500.00
5 years
15
3 - Executive office chairs
x
900.00
5 years
16
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
20
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
23
3 - Office desks with computer stations/returns
x
8,250.00
15 years
24
3 - Office credenza's
x
3,000.00
15 years
25
1 - 2 Drawer file cabinet
x
100.00
5 years
26
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
Page 1
EXHIBIT 'A"
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
x
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 - TV/FOC 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 - CAD1/NCP Backup System
x
23,000.00
5 years
59
60
TOTAL
173,976.00
Page 2
EXHIBIT°A°
A
B
C
D
1
INVENTORY ASSETS AS OF JUNE 1, 1996 PER PARAGRAPH 2.2 A
OLD
NEW
CURRENT VALUE
2
2-CENTRACOM II PLUS
X
36,000.00
3
4-CENTRACOMIIPLUS 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
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
Page 3
EXHIBIT NB°
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
TOTAL
50,385.00
Page 1
EXHIBIT'C°
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
30 - B1405 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 - B1604A 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 - B1405 T1 R1 Channel Control Modules
X
5,206.00
16
17
TOTAL
51 ,048.00
•
Page 1
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
Fountain Valley
Huntington Beach
Newport Beach
REIMBURSEMENT
Anaheim
Fullerton
Garden Grove
Orange
% Total Amount Annual Pymt
4.62 $ 59,990.70 $ 11,998.14
16.80 $ 218,148.00 $ 43,629.60
9.04 $ 117,384.40 $ 23,476.88
Quarterly Pymt
$ 2,999.54
$ 10,907.40
$ 5,869.22
% Total Amount Annual Rmb Quarterly Rmb
45.68 $ 180,674.95 $ 36,134.99 $ 9,033.75
16.41 $ 64,905.34 $ 12,981.07 $ 3,245.27
19.35 $ 76,533.72 $ 15,306.74 $ 3,826.68
18.56 $ 73,409.09 $ 14,681.82 $ 3,670.45
•
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Metro Cities Fire Authority
FIRST AMENDED
JOINT POWERS AGREEMENT
This First Amended Joint Powers Agreement, dated for
purpose of identification the day of
u�.
, 1997 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 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. The Parties have determined that the 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
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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 the closest available unit
and to serve as a vehicle for 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.
F. The Parties entered into the initial Joint Powers
Agreement on the 1st day of July, 1996. The Parties wish to
amend said Agreement in its entirety through this First Amended
Agreement.
THE PARTIES AGREE AS FOLLOWS:
CHAPTER. I
DEFINITIONS
1.1 Definitions
For the purpose of this Agreement, the words or terms
specified in this Chapter shall have the following meanings:
A. "Administrator" shall mean the Communications
Manager or equivalent position of the City of Anaheim.
B. "Authority" shall mean the Joint Powers Authority
known as the Metro Cities Fire Authority, created by this
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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
to represent said agency on the Board.
D. "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.
E. "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 less than $30,000.00.
F. "Communications Center" shall mean that portion
of any structure or physical facility that houses Communications
Equipment and/or Communications Center Staff.
G. "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.
H. "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.
I. "Recorded Incident" shall mean any call for
service dispatched within the jurisdiction of a Member's fire
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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. -
J. "Communications Center Staff or Staff" shall mean
all personnel of the City of Anaheim performing services related
to the operations and maintenance of the Metro Cities
Communication Center, or such agency or individual as may be
appointed by the Board to perform these functions.
K. "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 Metro Cities 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 Metro Cities
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,
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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
forth on Exhibit "A" attached hereto and incorporated herein by
this reference. 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.
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, which
inventory is set forth on Exhibit "B" attached hereto and
incorporated herein by reference. 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, whichinventory is
set forth on Exhibit "C" attached hereto and incorporated herein
by reference. 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
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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 system, 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 said
equipment and shall be disposed of as outlined in Section 10.2
F. The Cities of Anaheim, Fullerton, Garden Grove
and Orange previously funded and installed a CAD/RMS System, the
cost of which was $1,298,500.00 (hereinafter "System") 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 paying 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
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.
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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 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). 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 California Secretary of State containing
the information required by'Government Code 6503.5.
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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,
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
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• •
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;
F. To 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 laws, 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
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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.
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
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.
//
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4.5 Quorum
A majority of the Board (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.
4.8 Rules
The Board may adopt rules and regulations for the
conduct of its affairs that are not in conflict with this
Agreement.
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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, and
shall perform the duties as authorized in Section 6505 et seq 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
treasurer shall keep all revenues of the Authority in a separate
account, and, if available, an interest bearing account, and
otherwise perform the duties and responsibilities of that office
as specified in Sections 6505 et seq. of the Government Code.
Any surplus funds not immediately 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. The Board shall reorganize annually
at its first meeting of the new fiscal year.
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
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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.
4.12 Fair Political Practices Act
The members of the Board and alternates 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, or
equivalent position, of the City of Anaheim shall be the
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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 its fair share percentage as
determined pursuant to Section 6.1 hereof.
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 methods, means and
personnel by which it will meet the service levels established
by the Authority.
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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
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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.
B. The Authority shall purchase 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
reporting trunk lines terminating at the Communications Center.
4. One mobile data computer terminal or status
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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 provided the
and installation costs
Equipment
or extra telephonic
installing Member pays all the equipment
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
E. Each
mapping and related
communication capability.
Member shall provide the Authority with
emergency dispatching information necessary
for the efficient deployment of fire units and manpower. Each
Member shall continually update mapping and deployment
information and provide this information to the Authority and
each member as appropriate.
F. Each Member shall be responsible to provide a
back-up emergency dispatch system to provide alternative
emergency communication services within that Member's
jurisdiction in the event Communications Center systems at the
Communications Center are disabled or inoperative.
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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.
C. The Administrator, or his or her designee, shall
invoice each Member agency that agency's total fair share
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percentage of the budget in accordance with a payment schedule
set by Resolution of the Board. 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 Member 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.4 upon
unanimous consent of the Board. A Board member may deposit
year-end credits for his/her Member agency 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
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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,
and volunteers providing services to
additional expenses
overhead.
6.3 Emergency Repairs
In the event the Communication Center
employees, representatives
the Authority) constitute
and are not covered
by the administrative
or
Communications Equipment suffers damage which interferes
emergency communications services, the Administrator is
authorized without prior Board approval
with
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
bids to the
responsible
to make the
firms. The Administrator shall then present said
Board to award the contract to the lowest
bidder and to direct the accepted responsible bidder
repairs as soon as possible. Each Member shall pay
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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 include but
not be limited to:
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.
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. 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,
less the amount identified in the City of Anaheim budget for
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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 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 in accordance with
policies and/or procedures established by Resolution of the
Board. A summation of such payments shall be presented to the
Board as part of the Treasurer's quarterly report.
7.4 Accounts
All funds shall be placed in accounts and the receipt,
transfer or disbursement of funds during the term of this
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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.
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
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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.B 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
part, by the negligent acts, conduct, or omissions of one or
more of the Emergency Dispatchers.
C. Each Member shall assign to the Authority its
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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 by, 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,
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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.
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
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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 within thirty
(30) days, the Board shall have the right to immediately
terminate the Membership. Termination of the Membership of a
Member 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
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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 waiving 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 any 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
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
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A. All capital equipment purchased as part of this
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 may be purchased first 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 as determined for the
most recent fiscal year.
B. Upon termination of this Agreement, all capital
equipment purchased prior to this Agreement, as specified in
Section 2.2.A through 2.2.F 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.
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10
11
12
13
14
15
16
17
18
19
20
21
tiu
23
24
25
26
27
28
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 (51%) of the fair share
percentage as determined for the most recent fiscal year in the
Authority. Amendments to Sections 8.2, 11.1, and 8.3 shall
require the unanimous consent of the Members. 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
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
-31-
•
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4
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
.2.5
'6
'? 7
28
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 datefirststated above.
fff
Dated: hf 'y7 HIV/ CITY OF ANAHEIM
By: /(9/A--rbdAy
MAYOR
CITY CL RK
Dated:l .!_q... ) {qqr]
ATTE
By:
Dated:
ATTEST:
APPRO D AS .TO FARM:
ITY
APPR
By:
F FOUNTAIN VA Y
TO F RM-
A%
CITY ATTORNEY
By:
OR
O FORM:
ATTORNEY
-32-
1
2
4
6
7
8
9
10
Il
1.
13
14
15
16
17
18
19
20
21
09
23
2-1
25
26
27
28
Dated: 4-2.3-'7
ATTEST:
B..: 4�
CITY CL
Dated:
CITY, O GARDEG
B
APPROVED AS TJ� FORM:
n.._ \
CIT
f AT t -�
1 ATTORNEY
C.LTY OF HUNTINGTON BEACH
tV
By:
MA O�
ATTEST- APPROVED AS TO FORM: /�
;31T: ey e By: ./ call / 9a /nC .
CITY ATT EY
CITY CLERK
Dated:
ATTEST,:((
By: jJ87UM
CITY CLERK
Dated: R/laig7
0022838.01
6/3/97
,.. ? 9 CITY OF NEWPORT BEACH
By:
APP
By:
MAYOR
AS TO FORM:
e4
¥i`ATTORNEY
-33-
EXHIBIT "A"
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
530.00
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
14
2 - Large credenza
x
500.00
5 years
15
3 - Executive office chairs
x
900.00
5 years
16
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
20
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
23
3 - Office desks with computer stations/returns
x
8,250.00
15 years
24
3 - Office credenza's
x
3,000.00
15 years
25
1 - 2 Drawer file cabinet
x
100.00
5 years
26
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
Page 1
EXHIBIT "A"
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
x
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 - TV/FOC Conference Rm.
x
400.00
5 years
56
4 - Wall/Desk Clocks
x
90.00
5 years
57
1 - CADI Backup System Ill
x
23,000.00
5 years
58
1 - CADI/NCP Backup System
x
23,000.00
5 years
59
60
TOTAL
173,976.00
Page 2
•
EXHIBIT "A"
A
A
B
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-CENTRACOMIIPLUSRECONFIGURED
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
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
Page 3
EXHIBIT "B°
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
TOTAL
50,385.00
Page 1
•
•
EXHIBIT "C"
A
B
C
D
1
INVENTORY ASSETS AS OF JULY 1, 1996 PER PARAGRAPH 2.2 C
OLD
NEW
Value New
2
1 - 61603A 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
30 - B1405 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 - B1604A 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 - 61405 T1R1 Channel Control Modules
X
5,206.00
16
17
TOTAL
51,048.00
Page 1
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
Fountain Valley -
Huntington Beach
Newport Beach
REIMBURSEMENT
Anaheim
Fullerton
Garden Grove
Orange
Total Amount
4.62 $ 59,990.70
16.80 $ 218,148.00
9.04 $ 117,384.40
% Total Amount
45.68
16.41
19.35
18.56
$ 180,674.95
$ 64,905.34
$ 76,533.72
$ 73,409.09
Annual Pymt
$ 11,998.14
$ 43,629.60
$ 23,476.88
Annual Rmb
$ 36,134.99
$ 12,981.07
$ 15,306.74
$ 14,681.82
Quarterly Pymt
$ 2,999.54
$ 10,907.40
$ 5,869.22
Quarterly Rmb
$ 9,033.75
$ 3,245.27
$ 3,826.68
$ 3,670.45
• •
ji& er-308Y
MetroCities Fire Authority
JOINT POWERS AGREEMENT
This Agreement, dated for purpose of identification the 1st day of July 1996, 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
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. The Parties have determined that the 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 1
MetroCities Fire Authority Agreement
•
the closest available unit and to serve as a vehicle for 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:
CHAPTER I
DEFINITIONS
1.1 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, created by this agreement pursuant to the
Joint Exercise of Powers Act (Section 6500 et. seq. of the Government Code).
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 less 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.
Page 2
MetroCities Fire Authority Agreement
• •
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.
G. "Recorded 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
Page 3
MetroCities Fire Authority Agreement
• •
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.
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
Page 4
MetroCities Fire Authority 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, 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;
Page 5
MetroCities Fire Authority Agreement
• •
F. To 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 laws, 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.
Page 6
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.
Page 7
MetroCities Fire Authority Agreement
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. The auditor shall be a Certified Public Accountant,
annually appointed by the Board, and shall perfrom the duties of the auditor
as authorized in Sections 6505 et seq. 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 Sections 6505 et seq. 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
Page 8
MetroCities Fire Authority Agreement
while engaged in the performance of any activity, function or duty pursuant
to this Agreement.
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, or equivalent
position, 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 its fair share percentage as determined
pursuant to Section 6.1 hereof.
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.
Page 9
MetroCities Fire Authority Agreement
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
methods, means and personnel by which it will meet 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
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MetroCities Fire Authority Agreement
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.
B. The Authority shall purchase 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 reporting
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
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MetroCities Fire Authority Agreement
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
update mapping and deployment information and provide this information
to the Authority and each member as appropriate.
F. Each member shall be responsible to provide a back-up
emergency dispatch system to provide alternative emergency communication
services within that member's jurisdiction in the event Communications
Center systems at the Communications Center are disabled or inoperative.
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
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MetroCities Fire Authority Agreement
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.
C. The City of Anaheim shall invoice each 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
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MetroCities Fire Authority Agreement
and expense or the expense for outside counsel in connection with a Iawsuit
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 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:
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MetroCities Fire Authority Agreement
• •
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).
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;
Page 15
MetroCities Fire Authority Agreement
(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 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.B 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
Page 17
MetroCities Fire Authority Agreement
part, by the negligent acts, conduct, or omissions of one 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 by, 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.
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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
Page 19
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
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
Page 20
MetroCities Fire Authority Agreement
may be purchased first 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 as determined for the most recent
fiscal year.
B. Upon termination of this Agreement, all capital
equipment purchased prior to this Agreement, as specified in Section 2.2.A,
2.2.B, 2.2.C, 2.2D 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, 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 Board
Members necessary to represent a minimum of Fifty -One Percent (51%) of the
fair share percentage as determined for the most recent fiscal year in the
Authority. Amendments to Sections 8.2 and 8.3 shall require the unanimous
consent of the Board. 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
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MetroCities Fire Authority Agreement
• •
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 riot 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.
(Rest of page left intentionally blank.)
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MetroCities Fire Authority Agreement
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: / otGc�vim/ ,� .2i / `I 6 CITY OF ANAHEIM
By:
ATTEST:
CITY CLERK
Dated:
ATTEST:
Dated:
ATTEST:
By: ‘tieGeAtk•�
CITY -CLERK
MAYOR
APPROVED AS TO FORM:
By:0, 4
CITY ATTORNEY
CITY OF FOUNTAIN ALLEY
APPROVED AS TO FORM:
By: v `� /-c
CITY ATTORNEY
CITY SAY
FULLERTON
By:
MAYOR CPii\j-k----
APPROVED AS TO FORM:
Page 23
MetroCities Fire Authority Agreement
Dated: May 28, 1996 CITY OF GARDEN GROVE
ATTEST:
Dated:
ATTEST:
By:
MAYOR
APPROVED AS TO FORM:
By:
CITY Q TORNEY
CITY OF HUNTINGTON BEACH
By:
MAYOR
APPROVED AS TO FORM:
By: C� By: 3(5/96
F'CITY ATTORNEr Vi/�a
kets
CITY CLERK
Dated: 419)91,0
ATTEST:
By:(Xdinv -, �. C�1X�✓�
CITY CLERK
CITY OF NEWPORT BEACH
By: lid_1(--D
MAYOR
APPROV ° P AS TO FORM:
By:
CI ►i ATTORNEY
Page 24
MetroCities Fire Authority Agreement
•
Dated: /2' 2-Z-7
CITY OF ORANGE
Page 25
MetroCities Fire Authority Agreement