HomeMy WebLinkAboutNorth County Dispatch Joint Powers Authority; 2003-04-02;JOINT EXERCISE of POWERS AGREEMENT
Between the
North County Dispatch Joint Powers Authority
and the
City of Carlsbad
THIS AGREEMENT is made and entered into this*day of Qfl, ,
2003, by and between the City of Carlsbad (“Carlsbad”) and the North C unty Dispatch
Joint Powers Authority (“the Authority”), both of which are public agencies organized
and existing under the laws of the State of California.
WHEREAS, the Authority was created in July 1984 and currently has five
members, including the Rancho Santa Fe Fire District and the cities of Encinitas, San
Marcos, Solana Beach, and Vista (“the member agencies”); and
WHEREAS, the Authority is authorized to solicit and add additional members;
and
WHEREAS, on December IO, 2002, Carlsbad adopted Resolution No. 2002-356,
requesting that the Authority add Carlsbad as a member agency; and
WHEREAS, the Authority desires to add Carlsbad as a member agency;
WHEREAS, the Authority and Carlsbad 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;
WHEREAS, the Authority and Carlsbad desire to accomplish the aforesaid
purpose by jointly exercising their common powers in the manner set forth in this
Agreement; and
WHEREAS, the Authority and Carlsbad 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.
NOW, THEREFORE, the Authority and Carlsbad for and in consideration of
mutual benefits, promise and agree as follows:
Page 1 of 3 2/13/2003
SECTION 1. Purpose.
The purpose of this Agreement is to add Carlsbad to the Authority as a member
agency. This Agreement is made pursuant to Section 12 of the Amended and Restated
Joint Exercise of Powers Agreement for “North County Dispatch Joint Powers
Authority”, dated November 13, 2002 (the Authority Agreement). The Authority
Agreement is attached to this Agreement as Exhibit A and is incorporated by reference.
SECTION 2. Adoption of JPA.
Carlsbad approves and adopts the Authority Agreement. To the extent that they
are not in conflict with this Agreement, all of the rights and obligations that the Authority
Agreement confers on member agencies apply to Carlsbad.
SECTION 3. Term.
This Agreement is effective after approval by the City Council of the City of
Carlsbad and execution by the Mayor of the City of Carlsbad. However, Carlsbad’s
annual assessments under Section 6 of this Agreement and Section 5.C of the Authority
Agreement will not commence until July I, 2003. This Agreement is binding on the
parties hereto and will remain in effect until the total number of member agencies falls
below two (2), or Carlsbad withdraws from the Authority under Section 8 of the Authority
Agreement, or the member agencies agree to terminate the Authority under Section 9 of
the Authority Agreement.
SECTION 4. Buv-In FeelDisDosition of Assets.
Carlsbad is not obligated to pay a buy-in fee, as set forth in Section 12 of the
Authority Agreement, to become a member agency. Accordingly, if there is an asset
distribution as set forth in Section 10 of the Authority Agreement, prior to July 1, 2008,
Carlsbad will not receive any proceeds for any assets procured prior to July I , 2003.
For assets procured after July I, 2003, Carlsbad will receive a pro rata distribution. If
there is an asset distribution after July 1, 2008, Carlsbad will receive proceeds in
accordance with Section IO of the Authority Agreement.
SECTION 5. Start-up Costs.
Carlsbad will pay all costs, including staff time,
result of adding Carlsbad as a member agency, not to exceed
additional approval from City Council. The Authority will
or more invoices that identify the specific costs incurred. Carlsbad will pay each invoice
within thirty (30) days of receipt.
Page 2 of 3 2/7 Y2003
SECTION 6. Annual Assessments, Budget.
Carlsbad's initial assessment shall be determined pursuant to Section 5.C of the
Authority Agreement, based upon anticipated operating expenses of the Authority with
Carlsbad as a member agency. Budget reserves may be revised accordingly.
Carlsbad will receive a thiity percent (30%) reduction in its annual assessment
for its first year of membership in the Authority. Carlsbad will receive a twenty percent
(20%) reduction for its second year of membership and a ten percent (10%) reduction
for its third year of membership.
SECTION 7. Severability.
Should any provision of this Agreement be unenforceable for any reason, the
remaining provisions are deemed severable and will remain valid and enforceable.
' SECTION 8. Amendments.
This Agreement represents the entire understanding between the parties
regarding Carlsbad's membership in the Authority and supersedes all previous
understandings and agreements. This Agreement may be amended only through a
written document that is executed by both parties.
SECTION 9. Successors.
This Agreement is binding upon and inures to the benefit of the successors of the
parties.
NORTH COUNTY DISPATCH JOINT
POWERS AUTHOR1
By:
(&me), Board Chair
APPROVED AS TO FORM:
By: Q-5QgL
Ronald R. Ball +/L/o 3,
City Attorney
Page 3 of 3 2/7 3/2003