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HomeMy WebLinkAboutNorth Zone Member Agencies; 2006-01-24;MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") dated 1/24/06 is made by and among the public agencies (hereafter, "North Zone Member Agencies" and, individually, "Member") that are signatory to the MOU. RECITALS A. The North Zone Member Agencies include, the Camp Pendleton Fire Department, City of Carlsbad Fire Department, City of Del Mar Fire Department, Deluz Volunteer Fire (CDF), Deer Springs Fire Protection District, Elfin Forest / Harmony Grove Fire Protection District, City of Escondido Fire Department / Rincon Del Diablo Municipal Water District, North County Fire Protection District, City of Oceanside Fire Department, Rancho Santa Fe Fire Protection District, City of San Marcos / San Marcos Fire Protection District, City of Solana Beach Fire Department, City of Vista Fire Department / Vista Fire Protection District, San Onofre Fire Department. B. Each Member provides services to the public within its respective territory, including fire prevention, fire suppression and other emergency responses. Each Member's territory is part of the Zone 1 Emergency Response Area for San Diego County, located generally in the San Diego North County area. C. By entering into this MOU, the North Zone Member Agencies desire and intend to cooperate with one another for the purposes of submitting a grant application to the San Diego Regional Homeland Technology Partnership Project to seek funds for developing and operating an Emergency Response Mapping and Geographic Information System (GIS) Database program (hereafter, the "Database") for their individual and mutual benefit, assistance and use in responding to emergencies within their respective territories. AGREEMENT In consideration of the mutual promises and obligations set forth below, and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the North Zone Member Agencies agree-as follows. 1. Purpose of Agreement The purpose of this MOU is to seek grant funding from the San Diego Homeland Security Technology Partnership Project, or any other grant program, to provide for the mutual benefit and cooperation of the North Zone Member Agencies for the development and use of the Database for their individual and mutual benefit. Any grant funding received under this MOU will be used to complete five tasks in order of priority: Task 1 funding will be used to pay a consultant to build a regional GIS system for all of the North Zone Member Agencies. Task 2 funding will be use to apply the regional GIS system to all of the dispatch centers, purchasing City of Vista J No.4: 01Nov2005 Office of City Attorney and installing mobile computer terminals in the North Zone Member Agencies response vehicles. Task 3 funding will be used for acquiring and developing hardware and software programs for computer added dispatch ("CAD") connectivity between dispatch centers. Task 4 funding will be used for annual maintenance of the regional GIS system. Task 5 funding will be used to maintain mobile computer terminals, CAD hardware and other hardware acquired with Task 2 and 3 funding. Task 1 is not dependent on Task 2 funding and will provide a benefit to the North Zone Member Agencies even if no funding is forthcoming for Task 2. In the event no grant funding or new funding source is identified for tasks 3, 4 or 5, the North Zone Member Agencies will first determine the viability of continuing with these projects with an analysis of costs. If it is determined that new local funding cannot be obtained for these projects, member agencies may withdraw pursuant to paragraph 4 below, without penalty. 2. Effective Date This MOU shall become effective upon the date approved and executed by any two or more North Zone Member Agencies. 3. Term; Involuntary Termination From the date it becomes effective, the MOU shall remain in continuous effect until terminated. This MOU shall automatically terminate if at any time there are fewer than two (2) North Zone Member Agencies. 4. Withdrawal: Voluntary Termination: Involuntary Termination A. Any member may withdraw as a party to this MOU without any penalty on any June 30 thereafter, within one hundred eighty (180) days prior notice to the North Zone Member Agencies. Such with drawing party shall perform obligations under this Agreement until the noticed June 30 date of withdraw. B. The North Zone Member Agencies may elect to terminate the MOU upon such terms and conditions as they mutually agree. C. If any North Zone Member Agency defaults on payment of any assessment established by the Agencies, or otherwise breaches this Agreement, such member Agency shall be subject to termination as a party to this Agreement by two-thirds majority vote of the Agencies. The terminated North Zone Member Agency remains liable for the defaulted payment from any previously agreed upon expenses and shall be liable for any defaulted payments. D. Upon withdrawal, the North Zone Member Agency is entitled to a copy of the most current data, but will not be entitled to any updates after the effective date of withdrawal. 5. Lead Agency A. Designation and Authority to Act The City of Vista is the lead agency and administrator ("Lead Agency") for all purposes of the MOU. The Lead Agency is City of Vista 2 Na4: 01Nov2005 Office of City Attorney authorized to act on behalf of the North Zone Member Agencies as may be necessary and proper for the purposes of this MOU. The Treasurer and other officers of the Lead Agency are authorized to act in their respective capacities on behalf of the North Zone Member Agencies. B. Compensation Unless expressly provided otherwise in writing by the North Zone Member Agencies, the Lead Agency shall receive no compensation or other consideration for its services. C. Strict Accounting The Lead Agency shall be strictly accountable for all funds received from the San Diego Regional Homeland Security Technology or any other grant funding source for the benefit of the North Zone Member Agencies for the development and use of the Database. . 6. Property Acquisition All North Zone Member Agencies shall have and retain an undivided ownership interest in all property acquired under Task 1, including personal property or intellectual property. Ownership of property acquired under Task 2, shall be in the name of the Member in possession of the mobile computer terminal or other hardware and installed software. Upon termination of this MOU, all property acquired under Task 1 shall be divided and distributed among the remaining North Zone Member Agencies, either in kind or in cash equivalent, or as may be otherwise agreed upon by the remaining North Zone Member Agencies. 7. Amendment, Modification This MOU may be amended or modified, but only by a written instrument duly approved and executed by an authorized representative of each of the North Zone Member Agencies. 8. Counterpart Signatures This MOU may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. [SIGNATURE PAGES FOLLOW THIS PAGE] City of Vista 3 No.4: 01 Nov 2005 Office of City Attorney