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HomeMy WebLinkAboutItem 8.4 FireServiceStudy (2) . - . CITY CLERK File # D!3lf'1l[QJ-[l]~ . AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 13,1996 SUBJECT: Fire Service Study Report Prepared by: Richard C. Ambrose, City Manager EXHIBITS ATTACHED: Joint Exercise of Powers Agreement Dougherty Regional Fire Authority 3) Authorize City Manager to undertake an analysis of Fire/Emergency Response Service Alternatives available to the City of Dublin if the City of San Ramon withdraws from the Dougherty Regional Fire Authority (DRFA). Authorize preparation of Request for Proposal for the purpose of evaluating contract Fire and Emergency Service. Request that DRFA study the financial and service impacts on the Cities of Dublin and San Ramon and the Authority employees if the Authority is dissolved. RECOMMENDATION: 1) ~2) FINANCIAL STATEMENT: At this time, it is anticipated that the work involved in carrying out the recommendations above could be accomplished by Staff with additional legal service cost. It is possible that some consulting or contract services may be required in the future either by the City or DRFA. If these services become necessary, Staff will seek authorization from the appropriate governing body in the future. . DESCRIPTION: On February 4, 1988, the City of Dublin and the City of San Ramon entered into a Joint Exercise of Powers Agreement (JPA) forming the Dougherty Regional Fire Authority. This agreement provided that the two cities acting as a Joint Powers Agency would commence providing Fire Services to the area formerly served by the Dublin San Ramon Services District on July 1, 1998. Article VIII, Section 8.2 of the Joint Exercise of Powers Agreement provides that termination of the agreement .shall not under any circumstances become effective until June 3D, next succeeding a minimum of twelve (12) months following the giving of written notice of termination City Council resolution the other member agency's City Manager. " Although the City of Dublin has not yet received from the City of San Ramon a written notice that it intends to terminate the JPA, DRFA representatives from San Ramon have informed Dublin's DRFA representatives that the San Ramon City Council will consider on February 13, 1996 appointing the members of a Public Safety Committee to seriously consider a proposal from the San Ramon Valley Fire Protection District to provide fire service to south San Ramon and possibly evaluate other fire protection service alternatives. If the City of San Ramon concludes that it is in its best interest to terminate the Joint Exercise of Powers Agreement and notifies the City of Dublin prior to June 29,1996, the effective date of the termination would be June 30,1997. If the City of San Ramon acts to terminate the Joint Powers Agreement, the Dougherty Regional Fire Authority would be dissolved and the City of Dublin would be left without a fire service provider. Given the complexity of dissolving the Authority and the impacts of dissolution on the two Cities, it would seem prudent to request that the '. ------------------------ccfpie-STO:--------------------------------- . .. ITEM NO. JJ .4 .' Fire Authority undertake a study which outlines the obligations and impacts of dissolution on both Cities and Authority personnel.. The evaluation of options available to the City of Dublin for Fire Protection Services should San Ramon terminate the JPA could take considerable time depending upon the number of options the City evaluates. The City has three basic options in providing fire/emergency medical response services. These options are as follows: 1. Providing the City's own fire protection service either with a traditional fire department or a public safety department. 2. Contracting with another public agency to provide fire services. 3. Forming a new Joint Power's Authority with one or more valley cities (i.e. Pleasanton and Livermore), Alameda County, or San Ramon Valley Fire Protection District. In order to effectively evaluate the Contract Service options, it will be necessary to develop a Request for Proposal for fire/emergency medical services. Staff anticipates that would require approximately two to four months to complete an evaluation of fire service options, depending upon the number of options evaluated. If the Council wishes to narrow the options which Staff pursues, the time required to complete the evaluation could be reduced. RECOMMENDATION Staff recommends the City Council authorize the City Manager to undertake an analysis of Fire/Emergency Response Service Alternatives available to the City of Dublin if the City of San Ramon withdraws from the Dougherty Regional Fire Authority; authorize preparation of Request for Proposal for the purpose of soliciting contract Fire and Emergency Service proposals; and request that DRFA study the financial and service impacts on ... the Cities of Dublin and San Ramon and Authority employees if the Authority is dissolved. h/cc-mtgsl213fire ." e--- . - e~ e. . JOINT EXERCISE OF POWERS AGREEMENT DOUGHERTY REGIONAL FIRE AUTHORITY THIS AGREEMENT is entered into on the effective date hereinafter set forth by and between the member agencies signatory hereto (hereinafter nMember Agenciesn). WIT N E SSE T B: WHEREAS, Title 1, Division 7, Chapter 5 of the Government Code of the state of California authorizes said Member Agencies to enter into agreement for the joint exercise of any power common to them; and WHEREAS, said Member Agencies possess the power to provide for fire protection and suppression services within their respective jurisdictions; and WHEREAS, the jurisdictional areas of the Member Agencies are contiguous to each other, are developed to substantially the same level of density, and are susceptible to being provided with fire protection services and facilities under common administration and management and with the same equipment, resources and personnel; and WHEREAS, the separate management and administration of each jurisdictional area by each of the respective agencies and using separate equipment, resources and personnel will result in duplication of effort, inefficiencies in administration and excessive costs, all of which, in the judgment of the agencies, can be eliminated, all to the substantial advantage and benefit of the citizens and taxpayers of both agencies, if the administration and management of the fire protection facilities and services employing common equipment, resources and personnel were to be consolidated in a single public agency; and such is the purpose of this Agreement; NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES, THE MUTUAL ADVANTAGES TO BE DERIVED THEREFROM AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: ARTICLE I DEFINITIONS Unless the context otherwise requires, the words and terms defined in this Article shall, for the purpose hereof, have the meaning herein specified. Section 1.1. Act. "Act" means Article 1 and Article 2 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of California. Section 1.2. Agreement. "Agreement" means this joint exercise of powers agreement. Section 1.3. Area. "Area~ and "jurisdictional area" mean that....area wi thin the corporate limits of the Ci ty of Dub1 in and the City of San Ramon as they now exist or may hereafter exi~t and not within the jurisdictional area of any other fire pr~tection district. -2- . . . .- .' . Section 1.4. Authority. "Authority" means the Dougherty Regional Fire Authority created pursuant to this Agreement. Section 1.5. Board of Directors. "Board of Directors" means the governing board of the Dougherty Regional Fire Authority referred to in Section 1.4. Section 1.6. Bond Law. "Bond Law" means Article 2 of Chapter 5, Division 7, Title 1 of the California Government Code, as now or hereafter amended, or any other law hereafter legally available for use by the Authority in the authorization and issuance of bonds to finance needed public facilities. Section 1.7. Bylaws. "Bylaws" refers to the operational and organizational directives of the joint powers of the Dougherty Regional Fire Authority. Section 1.8. Chief Executive Officer. "Chief Executive Officer" means the chair of the Management Committee. Section 1.9. Controller/Treasurer. "Controller/Treasurer" means the Financial Director and Finance Manager of the Authority having the responsibility and accountability of the Authority's funds. Section 1.10. Fire Chief. "Fire Chief" means the employee of the Authority directly responsible to the Management Committee and primarily responsible for the managerial oversight ur the operations of the Authority. Section 1.11. Fiscal Year. "Fiscal Year" means the period from July 1st to and including the following June 30th. -3- Section 1.11. Fiscal Year. "Fiscal Year" means the period ~ from July 1st to and including the following June 30th. Section 1.12. Joint Facilities. "Joint Facilities" means all existing fire protection facilities, equipment, resources, and property to be owned, managed and operated by the Authority pursuant to Section 5.3 hereof, and, if and when acquired or constructed, any improvements and additions thereto. Section 1.13. LegiSlative Bodies. "Legislative Bodies" means the city councils or elected representatives of the Member Agencies of the Authority. Section 1.14. Management Committee. "Management Committee" means the City Manager of each of the Member Agencies of the Authority. Section 1.15. Member Agencies or Agency. "Member Agencies" means both public agencies signatory to this ~~ . '. Agreement. "Member Agency" means any such party. Section 1.16. Quorum. "Quorum" means a majority of the Board of Directors, but in no case less than two (2) persons from each Member Agency, necessary to conduct business. Section 1.17. Secretary. "Secretary" means the Secretary of the Dougherty Regional Fire Authority. ARTICLE II GENERAL PROVISIONS Section 2.1. Purpose. This Agreement is made pursuant to ~~~ Act providing for the joint exercise of powers common to the Agencies. The purpose of this Agreement is to provide for the joint exercise of powers to own, manage, operate and maintain ~ -4- . .~\ . . . the Joint Facilities as they now exist and to implement the financing, acquiring and constructing of additions and improvements thereto and additional facilities and property and thereafter to manage, operate and maintain the Joint Facilities, as so added to and improved, all to the end that the Area is provided with more efficient and economical fire protection service, and, if necessary, to issue and repay revenue bonds of the Authority pursuant to the Bond Law. Each of the Agencies is authorized to exercise all such powers (except the power to issue and repay revenue bonds of the Authority) pursuant to its organic law and the Authority is authorized to issue and provide for the repayment of revenue bonds pursuant to the provisions of the Bond Law. Section 2.2. Creation of Authority. Pursuant to the Act, there is hereby created a public entity to be known as the "Dougherty Regional Fire Authority", herein called the "Authority". The Authority is a public entity separate and apart from the City of Dublin and the City of San Ramon and shall administer this Agreement. The Autho~ity may be commonly referred to as the "Dougherty Regional Fire Department". Section 2.3. Effective bate of Agreement. This Agreement shall become effective when signed and executed by both Member Agencies. Section 2.4. Operational Date of Agreement. This Agreement shall become operational on July 1, 1988, or the effective date of the Authority's contract with the Public Employees Retirement System, whichever occurs later. -5- Section 2.5 Scheduling of Transition. After the effective date of this Agreement and prior to the operational date, the Board of Directors shall adopt a schedule of performance outlining the transition of services, personnel, equipment, and capital facilities to the Authority. The Management Committee. created by this Agreement shall be responsible for the implementation of said schedule of performance sufficient to meet the operational date. Section 2.6. Term. This Agreement shall be effective on the date hereof and shall continue in effect until such time as all bonds (if any) and the interest thereon issued by the Authority under the 'Bond Law or the Act shall have been paid in full or provision for such payment shall have been made and thereafter until such time as the Authority and the Agencies shall have paid all sums due and owing pursuant to this Agreement or pursuant to any contract executed pursuant to this Agreement, and thereafter until terminated pursuant to Article VIII. Section 2.7. Governing Board. The Authority shall be administered by a Board of Directors consisting of six (6) members. Three (3) members shall be Council members of the City of Dublin and shall be appointed by the City Council of the City of Dublin, and three (3) members shall be Council members of the City of San Ramon and shall be appointed by the City Council of the City of San Ramon. Each City Council shall appoint an alternate Board member from the City Council who may act in the absence of a member appointed by that City Council. The Board of Directors shall be called the "Board of Directors of the -6- . . . e: .... .' .' Dougherty Regional Fire Authority". All voting power of the Authority shall reside with the Board of Directors. (a) All Board members shall serve at the pleasure of the Agency that appointed such member. (b) All vacancies on the Board shall be filled by the appointing entity within thirty (30) days of the vacancy. Each Director shall cease to be a member of the Board of Directors when such member ceases to hold office as a councilmember of the appointing entity. (c) Members shall receive compensation and reimbursement for reasonable and necessary expenses incurred in performance of their duties, as provided in the' Bylaws. Section 2.8. Meetings of the Board of Directors. All meetings of the Board of Directors shall be public meetings unless a specific closed session is held in accordance with the Government Code. (a) Regular Meetings. The Board of Directors shall provide for regular meetings at a date, time, and place fixed by resolution of the Board of Directors which shall be at least quarterly. (b) Special Meetings. Special meetings of the Board of Directors may be called in accordance with the provisions of Section 54956 of the California Government Code, for the purpose of taking immediate action for emergency measures, as necessary. -7- ec) Call, Notice, and Conduct of Meetings. All meetings of the Board of Directors, including . without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the provisions of Sections 54950, et seg., of the California Government Code. Section 2.9. Required Votes; Approvals. The affirmative votes of at least two members of each Agency shall be required to take any action by the Board of Directors and less than a quorum may adjourn from time to time. Section 2.10. . Voting. Each member of the Board of Directors shall have one vote. Section 2.11. Minutes. The Secretary shall cause to be .~ . . kept minutes of the meetings of the Board of Directors and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board of Directors and to each Member Agency. Section 2.12. Bylaws. The Board of D~rectors may adopt, from time to time, such bylaws, rules, and regulations for the conduct of its meetings and affairs as are necessary for the purposes hereof. ARTICLE III ORGANIZATIONAL STRUCTURE OFFICERS AND EMPLOYEES Section 3.1. Chairperson and Vice-Chairperson. The Board of Directors shall elect a Chairperson and Vice-Chairperson from . -8- .. " ... .' among its members. The Chairperson and Vice-Chairperson-shall rotate from each Member Agency annually such that the Chairperson and Vice-Chairperson shall not be appointed from the same Member Agency. In the event of the disqualification or permanent inability to serve as the Chairperson during the year, another member from the same Agency shall be appointed Chairperson to fulfill the one-year term. (a) The Chairperson shall sign all contracts on behalf of the Authority and shall perform such other duties as may be imposed by the Board of Directors. (b) The Vice-Chairperson shall act, sign contracts, and perform all of the Chairperson's duties in the temporary absence of the Chairperson. Section 3.2. Secretary. The Chief Executive Officer shall be the Secretary to the Board and shall countersign all contracts signed by the Chairperson or Vice-Chairperson on behalf of the Authority, perform such other duties as may be imposed by the Board of Directors and cause.a copy of this Agreement to be filed with the Secretary of State and the State of California pursuant to Section 6503.5 of the Act. Section 3.3. Controller/Treasurer. The Controller/Treasurer of the Authority shall be designated in the Bylaws. The Controller/Treasurer shall be the depository and shall have custody of all of the accounts, funds and money of the Authority from whatever source. The Controller/Treasurer shall have the duties and obligations set forth in Sections 6505 -9- and 6505.5 of the Joint Exercise of Powers Act of the California Government Code, and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority. Section 3.4. Officers in Charge of Property. Pursuant to Section 6505.6 of the California Government Code (Joint Exercise of Powers Act), the Controller/Treasurer shall have charge of, handle, and have access to all accounts, funds, and money of the Authority and all records of the authority relating thereto; and the Secretary shall have charge of, handle, and have access to all other records of the Authority; and the Management Committee shall have charge of, handle, and have access to all physical properties of the Authority. Section 3.5. Bonding Persons Having Access to Property. From time to time, the Board of Directors may designate persons, in addition to the Secretary, Controller/Treasurer, and Management Committee, having Charge of, handling, or having access to any property of the Authority. The Board of Directors shall also designate the respective amounts of the official bonds of the Secretary, Controller/Treasurer, and of the Management Committee members and such other persons pursuant to SectiGn 6505.1 of the California Government Code (Joint Exercise of ~owers Act). Section 3.6. Management. The regular management of the A~thority shall be vested jointly in the Management Committee. The Board of Directors shall annually appoint a Chairperson of the Management Committee who shall be designated as the Chief -10- . e.-, .- .':': ... .:. Executive Officer of the Authority and a Vice-Chairperson of the Management Committee who shall act in the absence of the Chief Executive Officer. The Chief Executive Officer shall be rotated annually such that the Chief Executive Officer is from the same Agency as the Chairperson of the Board. The Management Committee shall have the power: Ca) To provide for the planning, design, and construction of any additions or improvements to the Joint Facilities operated by the Authority; Cb) Except as otherwise provided in clause Ch) of this Section, to execute any contracts for capital costs; costs of special services, equipment, materials, supplies, maintenance, or repair that involve an expenditure by the Authority within the limits and in accordance with procedures to be established by the Authority in the manner provided for local agencies pursuant to Article 7, commencing with Section 54201 of .Chapter 5 of Part 1 of Division 2 of Title 5 of the California Government Code; Cc) To appoint and employ all personnel of the Authority required for maintenance and operation of the Joint Facilities, including a Fire Chief, and all other employees authorized by the Authority's budget or by the Board of Directors; Cd) To retain any consultants, including labor relations consultants or certified publiC -11- accountants, as authorized in the Authority's budget; (e) Subject to approval of the Board of Directors, to appoint and employ all personnel of the Authority or consultants required to be employed or retained in connection with the design of any additions or improvements of the Joint Facilities or construction of new Joint Facilities; (f) To expend funds of the Authority and enter into contracts, whenever required in the combined judgment of the Management Committee, or for the immediate preservation of the public peace, health, or safety; (g) To sell any personal property of the Authority as may be provided in the Bylaws; (h) To approve demands for payments by the Authority of Five Thousand Dollars ($5,000.00), or less, which are authorized in the budget; (i) To prepare and submit to the Board of Directors in time for revision and adoption by it prior to March 1 of each year, the annual preliminary budget for the next succeeding Fiscal Year referred to in Section 6.1; (j) Generally, to supervise the acquisition, construction, management, maintenance, and operation of the Joint Facilities and personnel of the Authority; -12- . . . e e. .. e. (k) To perform such other duties as directed by the Board of Directors and report to the Board of Directors at such times and on such matters as the Board of Directors may direct. Section 3.7. Legal Advisor. The Board of Directors shall have the power to appoint the legal advisor of the Authority who shall perform such duties as may be prescribed by the Board of Directors. Section 3.8. Other Services. The Board of Directors shall have the power to appoint and employ such other consultants and independent contractors as may be necessary for the purposes of this Agreement. Section 3.9. Administrative Support. The Member Agencies hereby each agree to provide to the Authority certain administrative support functions as shall be provided in the Bylaws. These functions shall be divided among the Member Agencies so that each Member Agency provides an equal amount of support services in proportion to the other Member Agency and any inequalities in the cost of support services provided shall result in an adjustment to the annual noperating costsn as provided in Section 6.3. Administrative support functions shall include, but not be limited to, financial (including payroll, purchasing and risk management) and personnel (including labor relations). Section 3.10. Non-Liability of Agencies. None of the officers, agents, or employees directly employed by the Authority shall be deemed, by reason of their employment by the -13- Authority, to be employed by either Agency or, by reason of their employment by the Authority, to be subject to any of the . requirements of either Agency. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers' compensation, and other benefits which apply to the aativities of the officers, agents, or employees of Member Agencies when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. ARTICLE IV POWERS OF THE AUTHORITY Section 4.1. General Powers. The Authority shall exercise .'. " in the manner herein provided the powers common to each of the Member Agencies, as provided by the laws of the State of California, and all incidental, implied, expressed, or necessary powers for the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 4.4. As provided in the California Government Code (commencing with Section 6500), the Authority shall be a public entity separate from the Member Agencies. The Authority shall have the power to finance, acquire, construct, manage, maintain, and operate Joint Facilities. The Authority shall have all of the powers provided in Article 2 of the Joint Exercise of Powers Act, unless specifically prohibited by this document. . -14- ..\ - . .~ section 4.2. Specific Powers. The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers, including but not limited to, any of the following: (a) To make and enter into contracts; (b) To employ agents or employees; (c) To acquire, construct, manage, maintain, or operate any buildings, works or improvements; (d) To acquire, hold, or dispose of property; (e) To sue and be sued in its own name; (f) To incur debts, liabilities or obligations, subject to the provisions of this Agreement, provided that no debt, liability or obligation shall constitute a debt, liability or obligation upon any Member Agency; (g) To apply for, accept, receive, and disburse grants, loans, and other aids from any agency for the United States of America or of the State of California;. (h) To invest any money in the treasury pursuant to Government Code Section 6505.5 that is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code; -15- (i) To carry out and enforce all the provisions of this Agreement. Section 4.3. Bonds. The Authority shall have all of the powers provided in Article 2 of the Act (commencing with Section 5640), including the power to issue revenue bonds under the Bond Law. Section 4.4. Restrictions on Exercise of Powers. The power of the Authority shall be exercised in the manner provided in the California Government Code and in the Bond Law, and, except for those powers set forth in the Bond Law, shall be subject (in accordance with Section 6509 of the Joint Exercise of Powers Act) to the restrictions upon the manner of exercising such powers that are imposed upon general law cities in the State of California in the exercise of similar powers. Section 4.5. Obligations of Authority. The debts, liabilities, and obligations of the Authority shall not be the debts, liabilities, and obligations of any Member Agency. ARTICLE V METHODS OF PROCEDURE Section 5.1. Assumption of Responsibilities by the Authority. As soon as practical after the effective date of this Agreement, the respective Member Agencies shall appoint members of the Board of Directors and alternates, and the City Managers of the Member Agencies shall give notice (in the manner required by Section 2.8) of the organizational meeting of the Board of Directors. At said meeting, the Board of Directors shall provide for its regular meetings as required by Section -16- . . . ." . .~ 2.8, elect a Chairperson and Vice-Chairperson, and appoint the Chief Executive Officer, all of whom shall serve until the first regular meeting following the end of the succeeding Fiscal Year. Section 5.2. Delegation of powers; Transfer of Records, Accounts, Funds, and Property. Each Member Agency hereby delegates to the Authority the power and duty to maintain, operate, and manage any fire protection facilities, equipment, resources, and property of each of the respective Member Agencies within their territorial jurisdiction, including without limitation all fire stations, land, buildings, fire fighting equipment and emergency response equipment, and to . . employ the necessary personnel to do any and all other things necessary or desirable to provide continued efficient and economical fire protection services to the Member Agencies. The proper officers and employees of each of the Member Agencies shall transfer to the Secretary, Controller/Treasurer, and Management Committee of the Authority, all records, accounts, funds, and property of each of the Member Agencies which relate to the providing of fire protection services and which are necessary or desirable to allow the Authority to function. The records, accounts, funds, and property described here~n shall be further identified and defined in an inventory to ~e developed by the Management Committee during the period b~~~een the effective date and the operational date of this Agreement. This inventory shall be approved by the Board of Directors prior to the transfer of any such records, accounts, funds, and property. Each Member Agency agrees to execute or -17- authorize the execution of all legal documents necessary to accomplish such said transfer. Section 5.3. Joint Fire Protection Maintenance and Operation Fund. The Board of Directors shall create a joint fire protection maintenance and operation fund (herein called the "operating fund"). Upon the organization of the Board of Directors, the Authority shall assume responsibility for the maintenance and operation of the operating fund and shall pay the administrative expenses of the Authority and all maintenance and operation costs of the Joint Facilities from said fund. Each of the Member Agencies shall pay into said fund its proportionate share of the maintenance and operation costs of the Joint Facilities, computed on the bases set forth in Section 6.3 of this Agreement. Section 5.4. Capital Acquisition and Replacement Fund. The Board of Directors shall create a capital acquisition and replacement fund ("capital fund") for the purpose of creating a fund for replacement and acquisition of capital equipment and property. Each Agency shall transfer its share of the capital replacement and acquisition fund received from the Dublin-San Ramon Services District into the capital fund and shall annually pay into said fund its proportionate share of capital replacement costs, as provided in Section 6.3. Any fire connection fees imposed for capital improvements shall be deposited in the capital fund (and shall be accounted for on the basis of origination by Member Agency) and shall be used for capital acquisitions. -18- .' . . .", . ".~ ARTICLE VI BUDGET/COSTS MAINTENANCE AND OPERATION/OTHER COSTS Section 6.1. Annual Budget. The Board of Directors shall adopt a preliminary budget for maintenance and operation costs, capital costs, costs of special services, and bond interest and redemption expenses (if any) annually prior to March 1 of each year and shall adopt a final budget prior to June 30 of each year. The budget for Fiscal Year 1988-89 shall be approved by each Agency and provided to the Board at its organizational meeting. Section 6.2. Records and Accounts. The Authority shall cause to be kept accurate and correct books of account, showing in detail the capital costs, costs of special services and maintenance, and operation costs of the Joint Facilities, and all financial transactions of the Member Agencies relating to the Joint Facilities, which books of account shall correctly show any receipts and also any costs, expenses, or charges paid or to be paid by each of the Member Agencies. Said books and records shall be open to inspection at all times during normal business hours by any represen~ative of a Member Agency, or by any accountant or other person authorized by a Member Agency to inspect said books or records. The Controller/Treasurer shall, in accordance with Sections 6505 and 6505.6 of the California Government Code (Joint Exercise of Powers Act), cause the books of account and other financial records of the Authority to be audited annually by an independent public accountant or certified public accountant. -19- Section 6.3. Allocation of Costs and Expenses: Generally. (a) Annual Estimate. After adoption of the preliminary budget and prior to April I of each year, the Authority shall furnish to each of the Member Agencies an estimate of the total annual maintenance and operation costs, capital costs, costs of special services, and bond interest and redemption expenses (if any). (b) Operating Costs. The proportion of annual maintenance and operation costs (referred to as "operating costs") to be borne by each Agency shall be based on the assessed valuation of all property within the jurisdictional area of each Member Agency as follows: The assessed valuation of all property within the jurisdictional area of each Member Agency, as shown on the latest assessment rolls used for distribution of taxes ("assessment rolls"), shall be added together and the percentage thereof that the total assessed value for each Member Agency bears to the whole will be the percentage of operating costs of the Authority to be borne by that Member Agency. The percentage to be used for the succeeding Fiscal Year shall be determined by the Management Committee each year prior to April 1, based on the assessment rolls for that Fiscal Year. In the event that the Management Committee is unable to -20- . . . . agree on the percentage for any year, the Board shall determine the percentage. As used herein, "assessed valuation" shall, in the case of property within a redevelopment area, mean the assessed valuation plus any increments in value. The percentage for Fiscal Year 1988-89 shall be determined by the Board at its first meeting and shall be based on the assessment rolls for Fiscal Year 1987-88. (c) Capital Acquisitlon Costs, Costs of Special Services, Bond Expenses. Costs of acquiring new equipment or constructing new facilities, costs of special services and bond interest and redemption expenses (if any) shall be borne by each Member Agency as may be agreed by the Legislative Bodies of the two Member Agencies. At the time new equipment is purchase (with the exclusion of replacement equipment) or new facilities are constructed or real property is purchased, the Legislative Bodies shall determine the method of disposing of such assets upon termination. (d) Capital Replacement Costs. The proportion of capital replacement costs to be borne by each Member Agency annually shall be based on the percentage for each year as determined pursuant to Section 6.3(b). e' e. -21- (e) Mello-Roos Special Tax. Either Agency or the Authority may use the proceeds of a special tax imposed pursuant to Government Code Section 53311, et seq., ("Mello-Roos Community Facilities Act of 1982") to pay for construction of a new fire station or to pay operating costs of a new fire station. Section 6.4. Payment of Costs. Beginning on the operational date of this Agreement, and monthly in advance thereafter for each Fiscal Year, each Member Agency agrees to pay the Authority its allocated share of the total estimated annual costs and expenses, as set forth in Section 6.3, subsections (a) to (d). The Authority shall submit to each of the Member Agencies a final detailed statement of the final costs and expenses for the Fiscal Year, allocated in the same manner as estimated expenses were allocated, within three (3) months after the close of each Fiscal Year, whereupon final adjustments of debits and credits shall be made by the Authority. If the amount of any allocated share of any estimated item of expense due from a Member Agency was less than the final allocation of such item to such Member Agency, such Member Agency shall forthwith pay the difference to the Authority. If the amount of any allocated share of any estimated items of expense from a Member Agency was in excess of the final allocation of such item to such Member Agency, the Authority shall credit such excess to the appropriate account of such Member Agency. -22- . . . .. ..-,. ,,' .' Section 6.5. Sources of Funds. Each Member Agency shall provide the funds required to be paid by it to the Authority under this Agreement from any source of funds legally available to such Member Agency for such purpose. Section 6.6. Additional Charges to Members. Member Agencies shall be held financially responsible for direct additional costs encumbered by the Authority in the implementation of special programs, projects, and services in addition to normal fire prevention and suppression activities requested by the respective Member Agency.s City Council, or city administrative staff for that specific Member Agency. ARTICLE VII OWNERSHIP; ENFORCEMENT Section 7.1 Ownership of Joint Facilities. Prior to the operational date, each Member Agency shall convey to the Authority the real and personal property described in Exhibit A hereto which real and personal property will thereafter be. owned, managed and operated by the Authority. Section 7.2. Enforcement by Authority. The Authority is hereby authorized to take any or all legal or equitable actions, including but not limited to injunction and specific per-for-mance, necessary or permitted by law, to enforce this Agr.:ement. ARTICLE VIII TERMINATION Section 8.1. Termination. This Agreement shall continue until terminated by a Member Agency of the Authority in the -23- manner hereinafter provided. Upon termination, any obligation of the Authority which continues following termination shall be borne by the Member Agencies based on the percentage determined pursuant to paragraph 8.3. Section 8.2. Effective Dates of Termination. Such termination shall not under any circumstances become effective until June 30, next succeeding a minimum of twelve (12) months following the giving of written notice of termination by City Council resolution to the other Member Agency's City Manager. Section 8.3. Disposition of Assets. Except as provided in Section 6.3(c), upon the termination of this Agreement, any assets acquired by the Authority during the period of its existence and still on hand and all cash reserves ("assets and cash reserves") shall be distributed to the Member Agencies in the following manner: The total amount of maintenance and operating costs paid by each Member Agency into the operating fund during the entire existence of the Authority shall be added together and the percentage which each Agency's total bears to the whole shall be determined. The assets and cash reserves shall be divided between the Agencies based on the above percentage, based on appraised value of the assets at the time of termination, provided that the real property conveyed to the Auth~~ity by each Agency, as described in Exhibit A, shall be excl~ded from such distribution and appraisal and shall be cOu~~yed to each such Agency upon termination. In the event the A~~ncies cannot agree on the distribution of assets and cash reserves, an arbitrator shall be selected by the Board to -24- . . . . ..:~ .e- determine the distribution of assets and cash reserves. If the Board cannot agree on the selection of an arbitrator, each Agency shall select an arbitrator, and the two arbitrators shall select a third, who together shall decide the manner of distribution of assets and cash reserves, on the basis of this Agreement. The arbitrator(s) may retain the services of an appraiser to assist them and the decision of the arbitrator(s) shall be final. The costs of arbitration (including appraisers' fees) shall be borne by the Agencies equally. ARTICLE IX MISCELLANEOUS Section 9.1. Section Headings. All section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing language in the section referred to or to define or limit the scope of any provision of this Agreement. Section 9.2. Consent. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. Section 9.3. Law Governing. This Agreement is made under the Constitution and laws of the State of California and is to be sO-Gonstrued. Section 9.4. Amendments. (a) This Agreement may be amended at any time, except as limited by contract with bond holders, if any. (b) All amendments to the Agreement must be in writing, and must be approved by the City Councils -25- of the Member Agencies prior to becoming effective. . Section 9.5. Severability. In the event any provision of this Agreement is determined to be illegal or invalid for any reason, all other provisions and articles of this Agreement shall remain in full force and effect unless' and until otherwise determined. The illegality of any provision of this Agreement shall in no way affect the legality and enforceability of any other provisions of this Agreement. Section 9.6. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successots of the respective Member Agencies. No Member Agency may assign any right or obligation hereunder without written consent of the other Member Agencies. . Section 9.7. Notice. Notice of any Member Agency to any other Member Agency shall be given in the manner and to the addresses established in the attached Bylaws for this purpose. EXECUTION OF AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereupon duly authorized and ~heir official seals to be hereto affixed on the dates as shown herein. Dated: / /J.-5/88 ~. ~ ~ J..". -J Mayor, City f u i ATTEST: ) City . -26- .-. .' .-:: ,- 1:i:/~Z City Attorney, City of Dublin Dated: +dvlcA.d/tAl if, /1 f 1 I I ATTEST: -27- ~.~~ , yor, Ci ty of San Ramon ~ FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT/ DOUGHERTY REGIONAL FIRE AUTHORITY . THIS AGREEMENT is entered into between the City of Dublin and the City of San Ramon, being the Member Agencies signatory to the Joint Exercise of Powers Agreement/Dougherty Regional Fire Authority. THIS FIRST AMENDMENT to the Joint Exercise of Powers Agreement/Dougherty Regional Fire Authority is entered into as of the date of approval by the city of Dublin or the City of San Ramon, whichever occurs later. IT IS HEREBy'AGREED between the city of Dublin and the City of San Ramon that the Joint Exercise of Powers Agreem~nt/Dougher~ Regional Fire Authority shall be amended as follows: .. 1. Delete Section 5.4. Capital Acquisition and Replacement Fund. 2. Add new Section 5.4, to read as follows: nSection 5.4. Capital Acquisition and Replacement Fund. The Board of Directors shall create a capital acquisition and replacement fund (lrcapital fundlr) for the purpose of creating a fund for replacement and acquisition of capital equipment and property. Each Agency shall transfer its share of the capital replacement and acquisition fund received from the Dublin San Ramon Services District into the capital fund and shall annually pay into said fund its proportionate share of capital replacement costs, as provided in section 6.3. Any fire connection fees ~ imposed for capital improvements shall be deposited in the capital . 2alIlend1. jpa December 2, 1988 1 ~~ .-';~ .'" .-, fund (and shall be accounted for on the basis of origination by Member Agency) and shall be used for capital replacement and acquisitions. It EXCEPT AS EXPRESSLY AMENDED herein, the Joint Exercise" of Powers Agreement/Dougherty Regional Fire Authority shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to Agreement to be executed and attested by their proper officers thereupon duly authorized and their official seals to be hereto affixed on the dates as shown herein. Da ted : December 12, 1 <JS8 ~UACf,~ Mayor, Ci of Dublin ATTEST: ~ IJ}...........L (. b city Clerk, city of Dublin \, X:;X:;;'L city Attorney, city of Dublin (Signatures continued on next page.) 2amend~.jpa December 2, 1988 2 Dated: ).L~ 15'. /qgg , ATTEST; ./ Ramon AS TO ( . Attorney, of San Ramon 2amendl.. j pa December 2, 1988 3 " .7 . .: .