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HomeMy WebLinkAbout2009 CON Heartland Communications - Amendment Joint Powers Delete East County Fire Protection DistrictAMENDED AND RESTATED JOINT EXERCISE of POWERS AGREEMENT for "HEARTLAND COMMUNICATIONS FACILITY AUTHORITY" THIS AGREEMENT, originally made and entered into the 25th day of June, 1986, and most recently amended the 1st day of July 2009 by and between the CITY OF EL CAJON, CITY OF LEMON GROVE, CITY OF SANTEE, CITY OF LA MESA, ALPINE FIRE PROTECTION DISTRICT, LAKESIDE FIRE PROTECTION DISTRICT, SAN MIGUEL FIRE PROTECTION DISTRICT, BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT, CITY OF CORONADO, CITY OF IMPERIAL BEACH, and CITY OF NATIONAL CITY, (collectively the "Member Agencies" and individually "Member Agency"), all of which are organized and existing under and by virtue of the laws of the State of California. WITNESSETH: WHEREAS, the Member Agencies are each empowered by law to acquire sites, construct, equip, staff, maintain, operate and lease public buildings and related facilities for the purpose of communications; and WHEREAS, the Member Agencies desire to provide fire communication and related services, and equip, staff, and operate a regional public safety services communications facility, and to provide a vehicle for the accomplishment thereof; and WHEREAS, the Member Agencies desire to accomplish the aforesaid purpose by jointly exercising their common powers in the manner set forth in this Agreement; and WHEREAS, the Member Agencies are authorized to jointly exercise their powers pursuant to the provisions of Article 2, Chapter 4, Part 2, Division 2, Title 5, Sections 55631 through 55634, and Article 1, Chapter 5, Division 7, Title 1, Sections 6500 through 6530, of the Government Code of the State of California; and NOW, THEREFORE, the Member Agencies, for and in consideration of the mutual benefits, promises, and agreements set forth herein, AGREE as follows: SECTION 1. Purpose. This Agreement is made pursuant to California Government Code Section 6500, et seq., hereinafter referred to as the "Act," to permit the joint exercise of certain powers common to Member Agencies. The purpose of this Agreement is to exercise these powers jointly by equipping, maintaining, operating and staffing a facility and providing 1 emergency call receiving and dispatching services to said Member Agencies. Such purpose will be accomplished and common powers exercised in the manner set forth in this Agreement. This Agreement shall continue the obligations of the Member Agencies under the previous Agreement, which formed this Joint Powers Authority, along with all Amendments thereto. All pre-existing obligations, rights, and privileges of the Member Agencies shall continue hereunder, subject to the terms and conditions of this Agreement. SECTION 2. Term. This Agreement shall become effective as of the date hereof and shall be binding upon all parties hereto, until the close of the third full fiscal year following said effective date, and shall thereafter continue in full force and effect as long as the number of Member Agencies is not reduced below two (2), or until such time as the Agencies agree to terminate the Agreement, in the manner set forth in SECTION 8. SECTION 3. Authority. A. Creation of Authority. Pursuant to Section 6506 of the Act, there is hereby created a public entity, separate and apart from the Member Agencies, to be known as the "Heartland Communications Facility Authority" (hereinafter "Authority"). The debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities, or obligations of any of the Member Agencies, or as an individual agency, except as set forth in this Agreement. B. Commission. The Authority shall be governed by a Commission, which shall be called the "Heartland Communications Facility Commission" (hereinafter "Commission") and which shall exercise the powers set forth in Section 4(B) of this Agreement. Each Member Agency which is a party to this Agreement shall have one primary designated seat and one alternate seat on the Commission, and shall fill such seat by appointment from its governing body, in accordance with the Member Agency's policies and procedures. A Commissioner shall serve at the pleasure of the appointing Member Agency, except such appointee shall cease to be a Commissioner if he/she ceases to be a member of the governing body of the appointing Member Agency, or if the appointing Member Agency ceases to be a party to this Agreement. Each appointing Member Agency shall notify the Secretary of their respective appointments. The Secretary shall notify each Member Agency of the appointments of the other parties. C. Board of Chiefs. Pursuant to Section 6508 of the Act, there is hereby created an administrative entity, immediately subordinate to the Commission, to be known as the "Board of Chiefs" (hereinafter "Board," whose members are hereinafter referred to as"Chief(s)") 2 and which shall exercise the powers set forth in Section 4(C) of this Agreement. Each Member Agency shall have not more than two seats on the Board, to be filled by the respective Agency's Fire Chief or his or her designee, if the Authority provides fire dispatch services, and by the Police Chief, if police dispatch services are provided. A Chief or his or her designee shall serve at the pleasure of the Member Agency of which he/she is a representative, except he/she shall cease to be a Chief if he/she ceases to be the Fire Chief, Police Chief or their designee for the Member Agency, or if such Member Agency ceases to be a party to this Agreement. Each of the Member Agencies shall notify the Secretary of the names of its respective Chiefs, as applicable. D. Administration. The Authority may employ a Director (hereinafter "the Director"). The Director shall be authorized to act on behalf of the Commission in all matters of personnel administration. With oversight by the Board, the Director shall implement the budget established by the Commission and the operations program established by the Board. E. Meetings of the Commission and the Board. (1) Regular and Special Meetings of the Commission. The Commission shall provide for its regular meetings; however, it shall hold at least one regular meeting immediately prior to each April 30, at which meeting the Commission shall consider and adopt the preliminary budget for the Authority, with final adoption by July 31st, for the ensuing fiscal year. The Commission shall provide for such further meetings, as may be needed, depending upon the pressure of business or as may reasonably be requested by any Commissioner. The date, hour, and location at which any regular meeting shall be held shall be fixed by resolution, and a copy of such resolution shall be filed with each of the Member Agencies. (2) Regular Meetings of the Board. The Board shall provide for its regular meetings; however, it shall hold at least one regular meeting each quarter. The Board may provide for further meetings, as may be needed, depending upon the pressure of business or as may reasonably be requested of the Chair of the Board by a majority of the Chiefs. The date, hour, and location at which regular meetings shall be held shall be fixed by resolution, and a copy of the resolution shall be filed with each of the Member Agencies. (3) Ralph M. Brown Act. The Commission and the Board shall adopt rules for conducting their meetings and other business. All meetings of the Commission and the Board, including without limitation regular, adjourned regular, and special meetings, shall be called, noticed, and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California). 3 (4) Minutes. The Secretary shall cause minutes of regular, adjourned regular, and special meetings to be kept, and shall, as soon as possible after each meeting, provide a copy of the minutes to each Commissioner and each Chief, respectively, and to each of the Member Agencies. (5) Quorum. A majority of the Commission and/or Board shall constitute a quorum for the transaction of business. A lesser number of each body may adjourn for lack of a quorum. A majority vote of the Commission or the Board is required to take action. F. Officers and Respective Duties. (1) Chair and Vice Chair of the Commission. The Commission shall elect a Chair and Vice Chair at its first regular meeting, and thereafter, at the first regular meeting held in each succeeding calendar year, the Commission shall elect or re-elect its Chair and Vice Chair. In the event the Chair or Vice Chair so elected ceases to be a Commission Member, the resulting vacancy shall be filled at the meeting of the Commission held after such vacancy occurs. In the absence or inability of the Chair to act, the Vice Chair shall act as Chair. The Chair, or in his/her absence the Vice Chair shall preside and conduct all meetings of the Commission. (2) Secretary of the Commission. The Director shall be the Secretary of the Commission. The Secretary will keep minutes and will prepare an agenda for each meeting of the Commission and the Board. The Secretary will solicit agenda items for regular meetings at least fifteen working days in advance, and will distribute the agenda and supporting documentation in accordance with the provisions of the Ralph M. Brown Act. The Secretary will meet jointly with the Chair of the Board of Chiefs and Chair of the Commission at least ten working days in advance to develop the agenda. Agenda items will be supported by appropriate documentation and explanation. The Secretary will deliver the agenda and supporting documentation to each Commissioner, to each officer of the Authority, and to the Chair of the Board at least five working days prior to the scheduled meeting. (3) Attorney of the Authority. The Attorney to the Authority shall be the one selected by the Commission and serve at the will of the Commission. The Attorney shall advise the Commission in connection with any business relating to the Authority. The Commission may, as determined necessary, employ other counsel to represent and/or advise the Commission on business and/or other litigation. 4 (4) Treasurer/Controller of the Authority. The Treasurer/Controller shall be appointed by the Commission and attend the meetings of the Commission, and advise the Commission in connection with any accounting, budgetary, monetary, or other financial matters relating to the Authority. The duties and responsibilities of the Treasurer/Controller include, but are not limited to, those set forth in Government Code Sections 6505, 6505.5, and 6509.5, and shall include the following: (a) Establish, with the Commission's approval, the annual budget format, accounts, and documentation pertaining thereto, which most nearly reflect the objectives of the Authority and the operation of the communications program; (b) Establish and maintain the particular funds and accounts as required by generally accepted accounting practices and which most accurately and appropriately record and report the operations of the Authority as represented by the annual budget document; (c) Enforce strict compliance with the approved annual budget and approve only expenditures authorized therein; (d) Ensure that all available cash on hand is at all times fully invested in a cash management program and investment portfolio pertaining thereto, in accordance with the provisions of California Government Code Section 53600 et seq.; he/she will further ensure that sufficient liquidity is maintained to meet the Authority's cash disbursement needs; (e) Furnish quarterly revenue, expenditure, and funds status reports to the Chair of the Commission; (f) Maintain an inventory of all property of the Authority, and may designate the Authority Director as the custodian of such property; (g) With advice from the Commission, obtain and maintain liability and casualty insurance for the Authority and for the property of the Authority, respectively; and (h) Make all books and records of the Authority in his/her hands open to inspection at all reasonable times by representatives of the Member Agencies. (5) Chair and Vice Chair of the Board. The Board shall elect a Chair and Vice Chair at its first regular meeting of each calendar year. In the event that the Chair or Vice Chair so elected ceases to be a Chief, the resulting vacancy shall be filled at the meeting of the Board held after such vacancy occurs. In the absence or inability of the Chair to act, the Vice Chair shall act as Chair. The Chair, or in his/her absence, the Vice Chair, shall preside at and conduct all meetings of the Board. 5 (6) Secretary of the Board. The Director shall be the Secretary of the Board. The Secretary will keep minutes and will prepare an agenda for each meeting of the Board. SECTION 4. Powers and Duties. A. Authority. The Authority shall have the powers common to the Member Agencies set forth in recitals of this Agreement, to wit: the power to acquire sites and construct, equip, staff, maintain, operate and lease public buildings, and related facilities for the purpose of communications. The Authority is hereby authorized in its own name to perform all acts necessary for the exercise of common powers, including, but not limited to, any or all of the following: (1) To make and enter into contracts; (2) To employ agents and employees; (3) To acquire, construct, manage, maintain and operate any buildings, works or improvements; (4) To acquire, hold, or dispose of property within the County of San Diego; (5) To incur debts, liabilities, or obligations; (6) To receive gifts, contributions and donations of property and funds, services, and other forms of financial assistance, from persons, firms and corporations, and any governmental entity; (7) To rent or lease communications services to public or non-public agencies; (8) To sue and be sued in its own name. Such powers shall be exercised in the manner provided in the Act, and, except as expressly set forth herein, are subject only to such restrictions as are imposed upon the City of El Cajon in the exercise of similar powers, pursuant to Joint Power Act Section 6509. The debts, liability, and obligations of the Authority shall not be the debt, liability, and obligations of Member Agencies, except as provided in Section 5 of this Agreement. The Authority shall exercise aforesaid powers as needed to implement the purpose of this Agreement. Pursuant to Section 6504 of the Act, the Authority is empowered, and by this Agreement required, to assess the Member Agencies to 6 finance the entire operation of the Authority in the manner set forth in this Agreement. The Authority may contract indebtedness for capital items only in the manner otherwise permitted by law. However, long-term financing shall be limited to a ten-year period. B. Commission. The Commission, as governing body of the Authority, shall formulate and set policy, including budget and purchasing policies, and shall exercise the powers set forth in SECTION 4. A. of this Agreement to accomplish its purpose. While the Commission retains full control and is responsible for the affairs of the Authority, it shall rely upon the Board for actual program development, implementation, and operation. The normal vehicle by and through which this shall be accomplished is the annual budget, in the manner set forth in this Agreement. C. Board. The Board is the administrative arm of the Commission and is authorized to act on behalf of the Commission as necessary for the ordinary conduct of business. The Board is responsible to the Commission for development of a consolidated regional public safety services communications program, and for the leasing of facilities, acquisition of equipment, personnel staffing, and full-time maintenance and operation of the communications program. The Board shall exercise its authority and responsibilities by and through its Chair, who shall directly supervise the Director, whose appointment is set forth in Section 6 of this Agreement. SECTION 5. Fiscal Year, Financing and Annual Budget. A. Fiscal Year. The Authority's fiscal year shall be the twelve-month period commencing each July 1. The Authority shall operate only under an approved fiscal year budget. The Authority may not operate at a deficit. B. Budget Reserve. The Member Agencies shall pay for the entire operation of the Authority, using the annual expenditure budget determining the total amount of assessment required. Each annual budget shall include a minimum Reserve for Contingency equal to ten percent (10%) of otherwise budgeted and approved expenditures. Money may be expended from this Reserve only with the expressed approval of the Commission. The Reserve shall roll over as the beginning balance of the subsequent fiscal year. The total assessment against the Member Agencies may be reduced by expected revenue from executed contracts for dispatch services to public and non-public agencies and by 7 unexpended/unobligated monies available at the end of the fiscal year prior to the year for which the budget is applicable, C. Assessments, Budget. The Commission, in adopting an annual budget, thereby fixes the assessment against the Member Agencies, which is binding thereon, except as otherwise set forth in this Agreement regarding default or withdrawal. The amount of assessment against an individual Member Agency shall be determined, and specified in the budget, in accordance with criteria set forth in a budget policy established by Resolution. The budget policy shall include, but is not limited to, the following: (1) Operation and Maintenance Expenses. The costs of operating and maintaining a communications facility and the communications/computer equipment housed therein shall include, but are not limited to, personnel salaries and benefits, office and computer supplies and other consumables, payments to lease a facility, and replacement parts necessary to repair equipment due to normal wear and tear from ordinary usage. These expenses shall be shared among the Member Agencies in accordance with the formula of a 25% weight for the number of personnel plus 75% weight for the number of incidents. Each Member Agency's share shall equate to its aggregate percentage as calculated by this paragraph 5.C(1). The number of personnel shall be the Annual Average Daily Suppression Staffing of the Member Agency's fire department as of each December 31. The number of incidents shall be the total number attributable to the Member Agency during the calendar year preceding the Authority's fiscal year. (2) Capital Expenditures. Capital expenditures shall include the cost of original purchase of communications and computer equipment, hardware and other fixed asset type items, typically having a useful life of more than two years, including equipment improvements and additions, as opposed to replacement parts for ordinary maintenance during the useful life of the capital items, All costs associated with such purchase, such as installation, shall be capitalized. Replacement of equipment at the end of its useful life shall be a capital item. Assessment of Member Agencies for capital expenditures shall be in accordance with the formula for operating expenses set forth in (1), above. Capital expenditures incurred for and unique to a minority of the Member Agencies shall be equally shared by such minority. The Commission may set up special cost allocation for these purchases, but all members funding the purchase must approve of the allocation. 8 (3) Debt Financing. On behalf of the Authority, the Commission may approve purchase of items or improvements using debt financing. The debt shall not be binding on any Member Agency unless the debt was approved by the governing board of such Member Agency. If a Member Agency has approved the debt financing, that Member Agency shall be liable for making payments in accordance with the payment schedule established at the time the member approved the financing. (4) Payment of Assessment. Upon adoption of the fiscal year budget by the Commission, and the forwarding thereof to the governing bodies of the Member Agencies by the Secretary, the assessments fixed therein are automatically due and payable without further notice as follows: July 15: 35% of total assessment October 15: 25% of total assessment January 15: 25% of total assessment April 15: 15% of total assessment The Commission may set a different payment schedule to accommodate the purchase of capital items, if sufficient monies would not otherwise be on hand to pay for such purchases. A five percent late charge shall be imposed upon assessment payments not received by the Authority within forty-five (45) calendar days following mailing of assessments. An additional five percent shall be imposed' if payment is not made within an additional thirty calendar days. If an assessment including late charges is not paid in full within seventy-five calendar days following any scheduled due date, the Member Agency shall be in default and subject to automatic termination from this Agreement as provided under Section 8 of this Agreement. Upon termination of a Member Agency in default, all outstanding obligations or assessments under this Section shall become immediately due and payable. Upon withdrawal by or termination of a Member Agency, payment of debt acquired under this Section shall be governed by Section 8 of this Agreement. D. Budget Administration The Board has the authority to fully implement the approved budget. The Director, with the approval of the Board, may recommend expenditures and budgetary transfers or adjustments. However, neither the Director nor the Board may exceed the personnel staffing authorized in the budget, either in number, position classification, or salary. In addition, neither the Director nor the Board may alter the capital budget, utilize the Reserve for contingency, or increase the total amount of the approved expenditure budget without Commission approval. 9 SECTION 6. Personnel. A. The Authority may employ a Director and any other positions deemed necessary to staff the communications program. The positions must be authorized and funded in the Authority's annual budget. B. The Director, with oversight of the Board, is authorized to act on behalf of the Board in all matters of personnel administration, given the positions and funding authorized by the Commission in the Authority's budget. This includes, but is not limited to, hiring, supervisory direction, performance evaluations, disciplinary matters, and terminations. C. The Board, subject to approval by Commission, may employ a facility manager, to be known as the "Communications Director," and communications dispatchers, to be known as "Fire Communications Dispatchers," and any other positions deemed necessary. The positions must be authorized and funded in the Authority's annual budget. SECTION 7. Dispatch Service to Other Agencies. The Authority may provide dispatch service to public agencies and non-public agencies not a party to this Agreement, but only upon the majority vote of the Commission. Such service shall be by annual contract, executed by the Chair of the Commission on behalf of the Commission. The Commission shall establish by contract, the amount of charge for the service. SECTION 8. Withdrawal; Termination. Each Member Agency shall remain a party to this Agreement, and share in the costs of start-up and operation of the communications program until the close of the third full fiscal year following the effective date of membership. If, in the interim, any Member Agency defaults on payment of any assessment as defined in SECTION 5.C., or otherwise breaches this Agreement, such Member Agency shall be automatically terminated as a party to this Agreement. The terminated Agency remains liable for the defaulted payment and late charges for the balance of the year's assessment, and for assessments for years remaining in the minimum three-year term of agreed participation. Such subsequent assessments will be determined as if the terminated Member Agency were still a party to the Agreement; the assessment will be due and payable in full on July 1 of the fiscal year for which levied. After expiration of the three full years of membership, any Member Agency defaulting on payment shall be automatically terminated and shall be liable for any defaulted payments and late charges. After three full years of membership, a Member Agency may withdraw as a party to this Agreement without penalty commencing on the June 30 of the third full fiscal year 10 following the date of its membership, or on any June 30 thereafter, with one hundred eighty (180) days' prior notice to the Authority. Such withdrawing party shall perform all obligations under this Agreement until the noticed June 30 date of withdrawal. The Authority retains the right to seek legal redress, if necessary, to obtain payment of amounts due. The Authority is entitled to costs and attorney fees related to such legal redress. A terminated Member Agency or an Agency that withdraws forfeits any claim to any assets of the Authority. Notwithstanding the above, any Member Agency which withdraws shall be obligated to pay to the Authority a sum equal to the percentage of said Member's assessment for the fiscal year ending on the date of withdrawal, applied to the total amount of existing long-term debt of the Authority existing on the date of withdrawal. Said payment can be a cash payment of the full amount or periodic payments as long- term debt becomes due and payable. Should the withdrawing Agency choose to pay such amount as the debt becomes due and payable, said Agency shall be responsible for, in addition to the principal payments due, all interest and finance costs. SECTION 9. Dissolution. The Agreement shall terminate and the Authority is thereby dissolved if the number of parties to this Agreement becomes less than two, or if the parties unanimously agree to terminate the Agreement. In either instance, dissolution shall only be effective upon a June 30, but shall in no event be effective until the requirements of SECTION 10 are satisfied. SECTION 10. Disposition of Assets. A. This Agreement may not be terminated and disposition of assets made to parties to the Agreement until the Authority reasonably exhausts all means of collecting any monies due to the Authority. The Commission must formally accept a final accounting prepared by the Treasurer/Controller before any final disposition of net assets may be made, and termination of the Agreement consummated. B. If the cause for termination was reduction of the number of parties to the Agreement to less than two, all net assets of the Authority shall become the property of the sole remaining party to the Agreement. C. If the cause for termination is mutual agreement, the total dollar amount of the net assets shall be apportioned among such parties according to the relative assessments paid by those parties during the entire term of the Agreement. D. In no event shall assets be transferred to Member Agencies until all debts are retired. 11 SECTION 11. Amendment to Agreement. The Agreement may be amended by a majority vote of the Commission only after approval of two-thirds vote of the Member Agencies. The Commission shall initiate any proposed amendment by requesting a formal recommendation from the Board, if applicable. The Commission shall then forward the proposed amendment with its recommendation to the governing body of each party to the Agreement. The proposal shall be accompanied by a copy of the proposed amendment to the Agreement, which shall be adopted, properly executed, and returned to the Commission if the party concurs with the amendment. The Secretary shall notify each party of the resultant action. SECTION 12. Additional Parties to the Agreement. Member Agencies, as defined in the Act, which are not parties hereto, may become parties hereto only (upon approval by the Commission) by amendment to this Agreement as defined in SECTION 11 hereof, and subject to the following terms and conditions. A new Member Agency may be permitted to join the Authority upon a majority vote of the Commission only after approval of two-thirds vote of the Member Agencies. The Commission and the new Member Agency may enter into a separate agreement with respect to the terms and conditions for membership not inconsistent with this Joint Powers Agreement. A. The Commission shall set the annual fee for the additional party and the number of years that this fee will apply. B. The additional party shall pay a buy -in fee as determined by majority vote of the Commission after consideration has been given to the following factors: 1. The book value of the Authority's long-term fixed assets (capital expenditures). 2. The book value of the Authority's current assets. 3. The Authority's unappropriated reserves for contingencies. 4. Benefits received by Member Agencies by adding the additional party. 5. Such other facts that the Commission believes are germane to a determination. C. The effective date of the amendment to this Agreement and inclusion as an additional party shall only occur on a July 1. 12 Such Member Agencies which become parties hereto shall be entitled to all the rights and obligations, including three year minimum participation, and shall become a Member Agency as defined in this Agreement. SECTION 13. Severability. Should any part, term, portion, or provision of this Agreement or the application thereof of any person or circumstances, be in conflict with any State or Federal law, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms, portions or provisions, or the application thereof to other persons or circumstances, shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to continue to constitute the Agreement that the parties intended to enter into in the first instance. SECTION 14. Hold Harmless. Each Member Agency shall defend, indemnify, and save all other individual Member Agencies and the Member Agency and Authority harmless from any and all claims arising out of that individual Member Agency's negligent performance of this Agreement. Any loss or liability resulting from the negligent acts, errors, or omissions of the Commission, Board, Director, and/or staff, while acting within the scope of their authority under this Agreement, shall be borne by the Authority exclusively. The provisions of this Section 14 shall survive the termination or expiration of this Agreement. SECTION 15. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. SECTION 16. Notice of State. A notice of the creation of the Authority by this Agreement, and/or any amendments to this Agreement, shall be filed by the Authority with the Secretary of State pursuant to Section 6503.5 of the Act. 13 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed as of the day and year first above written. CITY OF EL CAJON Attest: CITY OF LEMON GROVE Attest: -City Clerk CITY OF SANTEE Attest: CITY OF LA MESA Attest: By: Its: H C F A Co Wovan i S5It1 1Mavw hcv (oun ce t MiWki3er. C y vP CAJ$4, By: Its: Its: �H V`tlO ;a Ca'k O Lt� By: 4,c Its: 1r C rr 4T C t7, SSl vrtt, Coinc.j IV14oft lair Cc v Cw M.lSq. 14 CITY OF CORONADO Attest: CITY OF IMPERIAL BEACH Attest: y 1 i' OF NATIONAL CITY By: Its: Its: CGIA moSiOr-- 'Or, Cd7 v1 CormAl p X:\WP12009\Heartland CommunicationslDocuments\JPA - 2009 - FINAL.doc Beac,6 16 ALPINE FIRE PROTECTION DISTRICT Attest: LAKESIDE FIRE PROTECTION DISTRICT Attest: OVv�A Sec etary 9.4 01.ivoty SAN MIGUEL FIRE PROTECTION DISTRICT Attest: Soc etary BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT Attest: By: Its: /14.1s7r 04/' A-1 pi"4 itPD Its: ti-"" 4,1 Dire dtr- %.h. kes t.ott.. F rt P Its: dr,r7 », 5 , N 'r cr, l jrle , 5, v! `i��f've'r//. 'S-ric By: 1% Its: I/C,' 9 Camv1/1/5` , e2lam' T - P1 rocky; So - Sr+nn y►s+at F-FD 15 RESOLUTION NO. 2009 — 46 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE HEARTLAND COMMUNICATIONS FACILITY AUTHORITY JOINT POWERS AGREEMENT DELETING THE EAST COUNTY FIRE PROTECTION DISTRICT AS A MEMBER AGENCY, AND REVISING THE FORMULA FOR ALLOCATION OF EXPENSES WHEREAS, the Heartland Communications Facility Authority Joint Powers Agreement (JPA) was created on June 25, 1986; and WHEREAS, the National City Fire Department is a current member of the JPA; and WHEREAS, because the East County Fire Protection District has been merged with the San Miguel Fire Protection District current members of the JPA are being asked to amend the Agreement to delete the East County Fire Protection District as a member agency; and WHEREAS, it is also being proposed that the JPA member formula for allocation of expenses be revised to 25% weight for the number of personnel, plus 75% weight for the number of incidents, to be affective as of July 1, 2009. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an Amendment to the Heartland Communications Facility Authority Joint Powers Agreement to delete the East County Fire Protections District as a member agency. BE IT ALSO RESOLVED that the City Council hereby approves the revision of the JPA member formula for allocation of expenses to 25% weight for the number of personnel, plus 75% weight for the number of incidents, to be affective as of July 1, 2009. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of March, 2009. on Morrison, Mayor ATTEST: Mich: el R. Dalla, City lerk APPROVED AS TO FORM: George H.'Eiser, Ill City Attorney Passed and adopted by the Council of the City of National City, California, on March 3, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California d A Q, erk of the City of ationa City I City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-46 of the City of National City, California, passed and adopted by the Council of said City on March 3, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 3. 2009 AGENDA ITEM NO. 11 ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO THE HEARTLAND COMMUNICATIONS FACILITY AUTHORITY JOINT POWERS AGREEMENT DELETING THE EAST COUNTY FIRE PROTECTION DISTRICT AS A MEMBER AGENCY AND REVISING THE FORMULA FOR ALLOCATION OF EXPENSES PREPARED BY Walter Amedee DEPARTMENT (Ext. 4556) EXPLANATION The Heartland Communications Facility Authority Joint Powers Agreement (JPA) was created on June 25, 1986. The National City Fire Department is a current member of the JPA. The JPA members are being asked to amend the Agreement by deleting the East County Fire Protection District as a member agency. The East County Fire Protection District merged with the San Miguel Fire Protection District. In addition, a revision is proposed to the JPA member assessment formula to 25% weight for the number of personnel plus 75% weight for the number of incidents. This Amendment will take effect on July 1, 2009. Environmental Review V N/A Financial Statement Approved By: Finance Director Minor Impact; costs will be shared among existing JPA members. Account No. STAFF RECOMMENDATION Authorize the Mayor to sign an Amendment to the Heartland Communications Facility Authority Joint Powers Authority deleting the East County Fire Protection District as a member agency and revising the formula for allocation of expenses. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Amendment to the Heartland Communications Facility Authority Joint Powers Authority deleting the East County Fire Protection District as a member agency and revising the formula for allocation of expenses. 2. Resolution A-200 (9/99) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 March 16, 2009 Ms. Valerie Nellis Heartland Fire Communications 100 E. Lexington Avenue El Cajon, CA 92020 Dear Ms. Nellis, On March 3rd, 2009, Resolution No. 2009-46 was passed and adopted by the City Council of the City of National City, authorizing execution of a standard grant agreement with the County of San Diego. We are forwarding a certified copy of the above Resolution and one partially executed original agreement. Please return a fully executed original agreement to us for our files. Michael R. Dalla, CMC City Clerk Enclosures Recycled Paper AMENDMENT TO THE HEARTLAND COMMUNICATIONS FACILITY AUTHORITY JOINT POWERS AGREEMENT DELETING THE EAST COUNTY FIRE PROTECTION DISTRICT AS A MEMBER AGENCY AND REVISING THE FORMULA FOR ALLOCATION OF EXPENSES THIS AMENDMENT to the Amended Joint Powers Agreement Creating An Agency to be Known As the Heartland Communications Facility Authority dated June 25, 1986 (herein referred to as "the Agreement") is made, effective July 1, 2009, by and between member agencies City of El Cajon; City of Lemon Grove; City of Santee; City of La Mesa; City of Coronado; City of Imperial Beach; National City; Alpine Fire Protection District; Bonita- Sunnyside Fire Protection District; Lakeside Fire Protection District; and San Miguel Fire Protection District. 1. Amendment to Delete Member. The preamble to the Agreement is amended to delete the East County Fire Protection District as a Public Agency member of the Heartland Communications Facility Authority. 2. Revision of Assessments Revision. The second paragraph of Section 5(c)(1) of the Agreement is amended to read: These expenses shall be shared among the Member Agencies in accordance with the formula of a 25% weight for the number of personnel plus 75% weight for the number of incidents. Each Member Agency's share shall equate to its aggregate percentage as calculated by this paragraph 5(c)(1). 3. Effective Date. This Amendment shall take effect for all purposes on July 1, 2009. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their proper officers thereunto duly authorized as of March 3, 2009. CITY OF EL CAJON Attest: By: Its: City Clerk CITY OF LEMON GROVE Attest: By: Its: City Clerk AMENDMENT TO HEARTLAND COMMUNICATIONS FACILITY AUTHORITY JOINT POWERS AGREEMENT Page I of 3 CITY OF SANTEE Attest: By: Its: City Clerk CITY OF LA MESA Attest: By: Its: City Clerk CITY OF CORONADO Attest: By: Its: City Clerk CITY OF IMPERIAL BEACH Attest: City Clerk NATIONAL CITY By: Its: Attest: By: Ron Morrison Its: Mayor Cit}f-Clerk AMENDMENT TO HEARTLAND COMMUNICATIONS FACILITY AUTHORITY JOINT POWERS AGREEMENT Page 2 013 ALPINE FIRE PROTECTION'DISTRICT Attest: By: Its: Secretary BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT Attest: By: Its: Secretary LAKESIDE FIRE PROTECTION DISTRICT Attest: By: Its: Secretary SAN MIGUEL FIRE PROTECTION DISTRICT Attest: By: Its: Secretary AMENDMENT TO HEARTLAND COMMUNICATIONS FACILITY AUTHORITY JOINT POWERS AGREEMENT Page 3 of 3