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HomeMy WebLinkAbout2009-08-18; City Council; 19952; North County Dispatch Joint Powers Authority AgmtCITY OF CARLSBAD - AGENDA BILL AB# 19,952 MTG. 8/18/09 DEPT. FIRE ADOPT A RESOLUTION APPROVING THE SECOND AMENDED AND OCOTAT"Cr% IA\IKIT* CVCD/MOC f\CRESTATED JOINT EXERCISE Or POWERS AGREEMENT FOR NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY. DEPT. HEAD V*^ CITY ATTY. s^&s CITY MGR. ^ RECOMMENDED ACTION: Adopt Resolution No. 2009-223 approving the Second Amended and Restated Joint Exercise of Powers Agreement for North County Dispatch Joint Powers Authority. ITEM EXPLANATION: On April 1, 2003, the Carlsbad City Council authorized the North County Dispatch Joint Powers Authority (NCDJPA) to begin fire dispatch services for the Carlsbad Fire Department on July 1, 2003 and approved the Joint Exercise of Powers Agreement between the NCDJPA and the City of Carlsbad for Fire Dispatching Services. A copy of Resolution No. 2003-086 is attached as Exhibit No. 2. NCDJPA is an all fire dispatch agency, which equips, maintains, operates and staffs a fire dispatch communications center which provides emergency call receiving and dispatching services for fire agencies associated with Elfin Forest, Del Mar, Solana Beach, Rancho Santa Fe, Encinitas, Carlsbad, San Marcos, Vista, and North County Fire Protection District. The joint use of this central communications network and record keeping system reduces the administrative costs that would otherwise be incurred by the City of Carlsbad for staffing, equipment and other related expenses necessary for dispatching purposes. Since July 1, 2003, the Carlsbad Fire Department has solely utilized NCDJPA to provide all fire dispatch-related services, allowing for the integrated communication and successful interoperability with other fire agencies in the North Zone of San Diego County. In January 2007, Oceanside also joined NCDJPA. Currently, NCDJPA provides fire dispatching services to a total of 10 fire agencies in the North Zone. The Second Amended and Restated Joint Exercise of Powers Agreement for NCDJPA (Exhibit No. 3), dated May 28, 2009, captures all minor changes into one document, continuing to permit the joint exercise of certain powers for the purpose of providing emergency communications services and continues the obligations under the previous agreement, along with all amendments, that the Carlsbad City Council has previously adopted. Fire Department staff recommends the approval of the Second Amended and Restated Joint Exercise of Powers Agreement for NCDJPA. DEPARTMENT CONTACT: Kevin Crawford 760-931-2141 kevin.crawford@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED * D Dn D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 FISCAL IMPACT: Adoption of the Second Amended and Restated Joint Exercise of Powers Agreement for NCDJPA will result in no fiscal change to the City of Carlsbad. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065 and CEQA Guidelines Section 15378, this action does not constitute a "project" within the meaning of CEQA and therefore, does not require an environmental review. EXHIBITS: 2009 2231. Resolution No. *W*"AAJ approving the Second Amended and Restated Joint Exercise of Powers Agreement for North County Dispatch Joint Powers Authority. 2. Agenda Bill No. 17,121 and corresponding Resolutions, approving the Joint Exercise of Powers Agreement between the North County Dispatch Joint Powers Authority and the City of Carlsbad for Fire Dispatching Services. 3. Second Amended and Restated Joint Exercise of Powers Agreement for North County Dispatch Joint Powers Authority. 1 RESOLUTION NO. 2009-223 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE SECOND 3 AMENDED AND RESTATED JOINT EXERCISE OF 4 POWERS AGREEMENT FOR NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY. 5 6 WHEREAS, On April 1, 2003, the Carlsbad City Council authorized the North 7 County Dispatch Joint Powers Authority (NCDJPA) to begin fire dispatch services for 8 the Carlsbad Fire Department on July 1, 2003 and approved the Joint Exercise of 9 Powers Agreement between the NCDJPA and the City of Carlsbad for Fire Dispatching 10 0 .Services; and 11 WHEREAS, NCDJPA is an all fire dispatch agency, which equips, maintains, 12 operates and staffs a fire dispatch communications center which provides emergency 13 call receiving and dispatching services for fire agencies; and14 15 WHEREAS, The Second Amended and Restated Joint Exercise Of Powers 16 Agreement for NCDJPA (Exhibit No. 3), dated May 28, 2009, captures all minor 17 changes into one document, continuing to permit the joint exercise of certain powers for 18 the purpose of providing emergency communications services. 19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 20 Carlsbad, California, as follows: 21 1. That the above recitations are true and correct. 22 2. That City Council approves the Second Amended And Restated Joint £j 24 Exercise of Powers Agreement For North County Dispatch Joint Powers 25 Authority. 26 // 27 // 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 18th day of August 2009, by the following vote to wit: AYES: NOES: ABSENT: Council Members Lewis, Kulchin, Hall, Packard, Blackburn None None LEWIS, Iftaybr L#V*#\S \J? \^r ATTEST: LORRAINE MHM3GD, £jfy Clerk Karen R. Kundtz, Assistant City Clerk 7 4-1 CO • 4J OOa oo CU OX Ieu mM Ocxo(U CMM <U O CO Otfl -H 4J T3 3H i-lCO O X 01U <Uid PJPMt>h 0)Q> 4J•a §•a "3 H H•H -HU Uc B 3 3O OO O 0) • •U >*C 4J•H -rt O t-ta a -O < CCO M• M\o r^* QJ oo oo S000I I CM O O 4Jo o cCM CM -Ho. . 1-3 O OZ Z! JSOd s 4JO O CO•H -rl Oi 4-1 4J CO3 3 -H iH ,H OO O 03 Cfl >-,0) CU 4J T3 13 OCU CU U CITY OF CARLSBAD - AGENDA BILL AB# MTG. 04/01/03 DEPT. FIR TITLE: ADOPT A RESOLUTION APPROVING THE CITY OF CARLSBAD BECOMING A MEMBER OF THE NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY FOR FIRE DISPATCHING SERVICES DEPT. HD. CITY ATTY CITY aO O 4J T3 T3 Ma) cd o •H -H COo y J3C C 4J 000 § RECOMMENDED ACTION: Adopt Resolution No. 2003-086 approving the Joint Exercise of Powers Agreement between the North County Dispatch Joint Powers Authority (NCDJPA) and the City of Carlsbad for fire dispatching services (Exhibit 1). Adopt Resolution No. 2003-087 approving the appointment of a City Council member to the North County Dispatch Joint Powers Authority (Exhibit 2). Adopt Resolution No. 2003-088 allocating $98,700 from the City Council's contingency fund to the Fire Department's budget for network upgrade costs of $41,700 and one-time start-up costs of $57,000 related to joining the NCDJPA (Exhibit 3). ITEM EXPLANATION: Background On December 10, 2002, the Carlsbad City Council adopted Resolution No. 2002-356 requesting the NCDJPA to consider approving Carlsbad's membership in the NCDJPA (Exhibit 4). On February 27, 2003, the NCDJPA Board adopted Resolution No. 03-04 which approved Carlsbad becoming a member under certain terms and conditions (Exhibit 5). The terms and conditions of the Joint Exercise of Powers Agreement Between the NCDJPA and the City of Carlsbad (Exhibit 6) were developed cooperatively by our Fire Chief and City Attorney's office along with the NCDJPA Fire Chief representatives and their legal counsel, and includes the following provisions: Carlsbad's membership will become effective after approval by the City Council, with assessments not commencing until July 1, 2003. Carlsbad will receive a thirty percent (30%) reduction in its annual assessment for its first year of membership, a twenty percent (20%) reduction for its second year, and ten percent (10%) reduction for its third year. Carlsbad is not obligated to pay a buy-in fee. As a result, if there is an asset distribution within the first five years, Carlsbad will receive no distribution for assets acquired by the NCDJPA prior to Carlsbad's membership and will receive a pro rata distribution for assets acquired subsequent to Carlsbad's membership. After July 1, 2008, Carlsbad will receive any proceeds of the disposition of assets in the same manner as the other member agencies, as spelled out in the agreement. Carlsbad will pay all costs incurred by the NCDJPA as a result of adding Carlsbad as a member agency, not to exceed $5,000 without approval by the Carlsbad City Council. s Page 2 of AB #17,121 April 1, 2003 DISCUSSION: As described in the December 10, 2003 Agenda Bill (Exhibit 7) the Carlsbad Fire Department believes joining the NCDJPA will improve regional coordination, create operational efficiencies, and improve cross-jurisdictional response times with the member agencies (Encinitas, Rancho Santa Fe, San Marcos, Solana Beach, and Vista). It is also believed that costs can be reduced as the remaining North County fire agencies (Oceanside, Escondido, North County Fire, Del Mar, and Camp Pendleton) hopefully become members of the NCDJPA. The annual cost associated with being a member of the NCDJPA is estimated to be approximately $256,000 for the first year (less discounts) and will be requested as part of the Fire Department's budget request for FY 03-04. The Agenda Bill also identified a need to determine the cost of upgrading our fire station alerting system, which was originally to be upgraded as part of the Capital Improvement Project (CIP) process to purchase a new Computer Aided Dispatch (CAD) and Records Management System (RMS) for the Police and Fire Department. It was also anticipated that the computer network would be assessed and updated as part of this process. Station Alerting System Most of the alerting systems in our fire stations are approximately 15 years old and are increasingly difficult to maintain. They are not "alerting systems" but rather a series of separate components wired together to emulate such a system. The original installer is the only known vendor that can effectively service the system and his availability has increasingly become unreliable. Installing a new alerting system in each fire station will increase reliability through integration and the ability for the system to self-diagnose. In addition, a new alerting system will provide enhanced capabilities such as the ability to alert by zones (i.e. only certain bedrooms within the station at night) rather than having the entire fire station as one zone, and the provision of improved audio and visual alerting. The system will also include the ability to pre-announce information which can reduce the time for dispatching. The estimated cost to install a new alerting system is approximately $216,000 in total. This is an average of $28,000 in equipment and $8,000 in installation costs per fire station. These alerting systems should have an operational life of a minimum of ten years and can be removed and relocated as needed when fire station 6 and 3 are eventually moved to their permanent site. Due to the significant cost of the station alerting systems, a separate Agenda Bill will be brought forward with a recommended vendor, system options, and funding request. Network Enhancements In addition to the alerting system, the computer network between the fire stations, the safety center, and the NCDJPA was examined. As a result of this review, Information Technology staff recommends that the network be upgraded to increase capacity and add redundancy to the system. Our current network configuration was not considered "mission critical" and therefore has no redundancy built into the design. In addition, Information Technology staff recommends that the capacity of the network (which transmits both voice and data) be increased to accommodate anticipated bandwidth needed to access the NCDJPA CAD and RMS and the increasing reliance on networked computer applications in general. This increased redundancy and capacity will also benefit the Police and Fire Department in regards to their connection with the Faraday Center. The one time costs for this network upgrade are approximately $67,700 with $26,000 of this amount currently available in replacement funds set aside for this purpose by Information Technology as shown on Exhibit 8. The remaining $41,700 will be requested from the City Council contingency fund. The on-going costs associated with adding 2 (j5 Page 3 of AB #17,121 April 1, 2003 additional network bandwidth will be approximately $2,187 per month and will be requested in the Fire Department's budget request for FY 03-04. Miscellaneous Start Up Costs As described in the previous Agenda Bill, the one-time start-up costs associated with joining the NCDJPA were estimated to be approximately $100,000. However, if the proposed upgrades to the alerting system and network are approved, this amount can be reduced by $43,000, as these costs will now be covered in the enhanced network and alerting system funding requests. The remaining start-up costs of approximately $57,000, as described on Exhibit 9, are being requested from the City Council's contingency fund. ALTERNATIVES: The only viable alternative to joining the NCDJPA will be to continue to be dispatched through Carlsbad's dispatch center. This would most likely necessitate the hiring of two additional dispatchers in order to maintain a minimum of three dispatchers (a call taker, a police dispatcher and a fire dispatcher) on a 24-hour basis. In addition, the fire department would have to again partner with the Police department in upgrading the current CAD and RMS resulting in significant one-time and ongoing costs associated with the fire department's share of the project. In regards to the network upgrade, Information Technology considered three options. Option one maintains the status quo with no redundancy or capacity upgrade, option two provides for redundancy and some additional capacity via ISDN lines, and option three provides redundancy and increased capacity with additional T-1 lines. Although all three options will work at some level, Information Technology recommends option three as it provides redundancy and a capacity upgrade sufficient to handle anticipated bandwidth needs for the connection to the NCDJPA with no expected network related delays. FISCAL IMPACT: Carlsbad's ongoing costs for membership in the NCDJPA are based on our call volume as a percentage of the total cost to operate the NCDJPA. Estimated annual operating costs of approximately $256,000 for the first year (less discounts) will be requested as part of the normal budget process for FY03-04. If approved, the network upgrade costs of $41,700 and one-time start-up costs of $57,000 will be allocated from the City Council's contingency account to the Fire Department's budget for FY 02-03. EXHIBITS: 1. Resolution No. 2003-086 approving the Joint Exercise of Powers Agreement between the North County Dispatch Joint Powers Authority and the City of Carlsbad for fire dispatching services. 2. Resolution No. 2003-087 approving the appointment of a City Council member to the North County Dispatch Joint Powers Authority. 3. Resolution No. 2003-088 allocating $98,700 from the City Council's contingency account to the Fire Department's budget for network upgrade costs of $41,700 and one-time start-up costs of $57,000 related to joining the NCDJPA. 4. Resolution No. 2002-356, A Resolution of the City Council of the City of Carlsbad, California requesting the North County Dispatch Joint Powers Authority Board approve Carlsbad becoming a member for fire dispatching services. 5. NCDJPA Resolution No. 03-04, A Resolution of the North County Dispatch Joint Powers Authority adding the City of Carlsbad to its member agencies. Page 4 of AB #17,121 April 1, 2003 6. Joint Exercise of Powers Agreement Between the North County Dispatch Joint Powers Authority and the City of Carlsbad. 7. Agenda Bill #17,005, Adopt a Resolution Requesting the North County Dispatch Joint Powers Authority Approve Carlsbad Becoming a Member for Fire Dispatching Services, with the following exhibits: Estimated costs associated with joining NCDJPA NCDJPA Budget Allocation NCDJPA Revenue Pie Chart, FY 01-02 & FY 02-03 Letters of support from various north county fire agencies Amended and Restated Joint Exercise of Powers Agreement for "North County Dispatch Joint Powers Authority" 8. Options for Fire Department/Safety Center/NCDJPA computer network. 9. Carlsbad Fire Department Revised Cost Estimates Associated with Joining NCDJPA. 1 RESOLUTION NO. 2003-086 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA. APPROVING THE JOINT EXERCISE OF POWERS 3 AGREEMENT BETWEEN THE NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY AND THE CITY OF CARLSBAD FOR FIRE DISPATCHING 4 SERVICES 5 WHEREAS, on December 10, 2002, the City Council of the City of Carlsbad adopted 6 Resolution No. 2002-356 requesting the North County Dispatch Joint Powers Authority 7 (NCDJPA) Board approve the City of Carlsbad becoming a member of the NCDJPA; and 8 WHEREAS, on February 27, 2003, the North County Dispatch Joint Powers Authority 9 (NCDJPA) Board adopted Resolution No. 03-04 approving the Joint Exercise of Powers 10 Agreement between the NCDJPA and the City of Carlsbad under certain terms and conditions; 11 and 12 WHEREAS, those terms and conditions, which include, but are not limited to, annual 13 assessment discounts of 30%, 20%, and 10% in years one, two and three respectively are 14 acceptable to the City; and 15 WHEREAS, by becoming a member of the NCDJPA, regional dispatch services 16 including mutual aid response time, coordination, and specialized fire dispatching capabilities 17 will be improved; and 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 20 1. That the above recitations are true and correct. 21 2. The City Council approves the Joint Exercise of Powers Agreement between the 22 NCDJPA and the City of Carlsbad and authorizes and directs the Mayor to execute 23 said agreement for and on behalf of the City of Carlsbad. 24 25 26 27 28 <\ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council, held on this 1st day of APRIL 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard NOES: None ABSENT: None /) ATTEST: , Mayor LORRAINE M. WOOq(/City Clerk (SEAL) Resolution No. 2003-086 -2-\o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPOINTING ONE CITY COUNCIL MEMBER TO SERVE ON THE NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY WHEREAS, there is a need to appoint one member of the Carlsbad City Council to represent the City of Carlsbad on the North County Dispatch Joint Powers Authority. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The City Council appoints Council Member Packard to serve on the Board of the North County Dispatch Joint Powers Authority. 3. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council, held on this 1st day of APRIL . 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard NOES: None /// ABSENT: None ATTEST: ^ , City Clerk ' (SEAL) 1 RESOLUTION NO. 2003-088 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ALLOCATING $98,700 FROM THE CITY COUNCIL'S 3 CONTINGENCY FUND TO THE FIRE DEPARTMENT'S BUDGET FOR NETWORK UPGRADES AND ASSOCIATED COSTS RELATED TO JOINING 4 THE NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY 5 WHEREAS, the City of Carlsbad desires to join the North County Dispatch Joint Powers 6 Authority (NCDJPA) for fire dispatching services; and 7 WHEREAS, by becoming a member of the NCDJPA, regional dispatch services 8 including mutual aid response time, coordination, and specialized fire dispatching capabilities 9 will be improved; and WHEREAS, costs related to joining the NCDJPA necessitate the allocation of $41,700 for related network upgrades and $57,000 for other associated costs from the City Council's 12 contingency fund. 13 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 14 California, as follows: 1. That the above recitations are true and correct. 16 2. The City Council approves the transfer of $98,700 from the City Council contingency fund to the Fire Department's budget for network upgrades and associated costs 1® related to becoming a member of the NCDJPA. 19 3. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City 20 Council, held on this 1st day of APRIL . 2003, by the following vote, to wit: 21 AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard 22 NOES: None * /? 23 ABSENT: None 24 25 ATTEST: 26 27 LORRAINE M. WOOD^ity Clerk 28 <SEAL> 1 RESOLUTION NO. 2002-356 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REQUESTING THE NORTH COUNTY DISPATCH JOINT 3 POWERS AUTHORITY BOARD APPROVE CARLSBAD BECOMING A MEMBER FOR FIRE DISPATCHING SERVICES4 5 WHEREAS, the North County Dispatch Joint Powers Authority is actively soliciting North 6 San Diego County fire agencies to become members; and 7 WHEREAS, by becoming a member of this regional dispatch center response time, 8 coordination, and specialized fire dispatching capabilities will be improved; and g WHEREAS, as incentive for joining, the North County Dispatch Joint Powers Authority 10 has offered that Carlsbad will be required to pay no buy-in fee and will receive annual 1 assessment discounts of 30%, 20%, and 10% in years one, two and three respectively; and WHEREAS, these discounts will help offset the start up and operational costs associated with becoming a member of the North County Dispatch Joint Powers Authority; and 13 WHEREAS, the City of Carlsbad requests that the North County Dispatch Joint Powers14 Authority Board approve Carlsbad's membership as proposed. 15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 16 California, as follows: 17 1. That the above recitations are true and correct.18 19 20 21 22 23 24 25 26 27 28 * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. The City Council requests the NCDJPA Board approve the City of Carlsbad's membership with no buy-in fee and annual assessment discounts of 30%, 20%, and 10% in years one, two and three respectively, subject to the City Council's approval and the Mayor's execution of the Joint Powers Agreement and the City Council's allocation of funds for the start-up costs. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council, held on this loth day of December , 2002, by the following vote, to wit: AYES:Council Members Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. ABSENT: None. ATTEST: ayor M. WOOD, City Clerk (SEAL) -2- Mar 20 03 05:32p "Rancho Fire" 858-756-2741 p.2 NCDJPA RESOLUTION NO. A RESOLUTION OF THE NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY ADDING THE CITY OF CARLSBAD TO ITS MEMBER AGENCIES WHEREAS, the North County Dispatch Joint Powers Authority ("the Authority") was created in July 1984 and currently has five members: the Rancho Santa Fe Fire Protection District and the cities of Encinitas, San Marcos, Solana Beach, and Vista; and WHEREAS, the Authority is authorized to solicit and add additional member agencies; and WHEREAS, on December 10. 2002, the City of Carlsbad ("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; NOW, THEREFORE. BE IT RESOLVED by the Board of Directors of the Authority as follows: 1. Carlsbad's membership in the Authority shall be governed by the Joint Exercise of Powers Agreement Between the North County Dispatch Joint Powers Authority and the City of Carlsbad ("the Carlsbad Agreement"). 2. Carlsbad may be added as a member agency, effective upon approval of the Carlsbad Agreement by the City Council of the City of Carlsbad and execution of it by the Mayor of the City of Carlsbad. 3. The Carlsbad Agreement is hereby approved and will be executed by the chair. This resolution was passed and adopted the~>? "7 day of February, 2003. Chair, North Cotfnty Dispatch Joint Powers Authority Secretary to the Board of Directors 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 ^u* day of 2003, by and between the City of Carlsbad ("Carlsbad") and the North County 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 10, 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 1, 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-ln Fee/Disposition 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 1, 2003. For assets procured after July 1, 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 10 of the Authority Agreement. SECTIONS. Start-Up Costs. Carlsbad will pay all costs, including staff time, that the Authority incurs as a result of adding Carlsbad as a member agency, not to exceed $S".pOO &* without additional approval from City Council. The Authority will provideCarisbad with one (1) or more invoices that identify the specific costs incurred. Carlsbad will pay each invoice within thirty (30) days of receipt. Page 2 of 3 2/13/2003 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 thirty 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?. Severabilitv. 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. SECTIONS. Successors. parties. This Agreement is binding upon and inures to the benefit of the successors of the CITY OR CARL CTatfde A. Qewhf, Mi APPROVED AS TO FORM: NORTH COUNTY DISPATCH JOINT POWERS AUTHORI By: Ronald R. Ball City Attorney _(rfame), Board Chair Page 3 of 3 2/13/2003 *"\^ / CITY OF CARLSBAD - AGENDA BILL QUl gccQ. u ou MTG.12/10/02 DEPT. FIR TITLE: ADOPT A RESOLUTION REQUESTING THE NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY APPROVE CARLSBAD BECOMING A MEMBER FOR FIRE DISPATCHING SERVICES DEPT. HD. CITY RECOMMENDED ACTION: Adopt Resolution No. 2002-355 requesting that the North County Dispatch Joint Powers Authority (NCDJPA) Board approve the City of Carlsbad becoming a member agency with the agreement that the City of Carlsbad will pay no buy-in fee and will receive a 30%, 20%, and 10% discount on the annual assessment in years one, two, and three respectively. Once the NCDJPA Board approves the terms of the City of Carlsbad's membership, staff will return to the Council with a request to formerly approve the Joint Exercise of Powers Agreement for the NCDJPA and request an allocation of funds necessary to cover start up costs. ITEM EXPLANATION: Background The North County Fire Dispatch JPA was formed in July 1984. Current members include the cities of Encinitas, San Marcos, Solana Beach, Vista and the Rancho Santa Fe Fire District. In addition, the JPA provides contracted dispatch services to the C8A-17 Ambulance District, Elfin Forest Volunteer Fire Department, Rancho Santa Fe Patrol, and the Olivenhain Water District. The JPA is financially stable and is actively pursuing the addition of the remaining north county fire agencies as members. Besides serving as the primary dispatcher for their member agencies, the JPA dispatch center also serves as the "Zone 1" dispatch center under the California Fire & Rescue Mutual Aid Plan. Under this plan, San Diego County is designated as an "Area" consisting of a number of geographical "Zones." Zone 1 is comprised of local fire agencies from the northern county boundary, to Del Mar along the coast, and Escondido in the inland area. All mutual aid requests are routed from a local agency dispatch center to the Zone dispatch center and, if necessary, to Area dispatch. The fact that the NCDJPA is also the Zone 1 dispatch center simplifies and speeds up the mutual aid request process for its member agencies. The NCDJPA dispatch center is co-located with the Rancho Santa Fe Fire District headquarters. The NCDJPA employs nine full-time and five part-time dispatchers, one dispatch supervisor, a network systems administrator, a CIS specialist, and recently hired a dispatch center administrator to assume the general management of the NCDJPA. The NCDJPA board is comprised of one elected official from each member agency, with each member having an equal vote. The fire chiefs of the respective agencies serve In an advisory capacity to the Board. Typically, the fire chiefs meet as a group once a month to discuss operational issues and develop recommendations for future agenda items. The chiefs individually brief their respective board members prior to the quarterly NCDJPA Board meeting. Meetings are held on the last Thursday of January, April, July and October at 4pm at the Rancho Santa Fe Fire Protection District Headquarters and typically last between one and two hours in length. Page 2 of AB #17,005 A member agency may withdraw without penalty on any June 30, with 180 days prior notice to the Board. However, withdrawing members forfeit any interest in the NCDJPA's assets and continue to be obligated to pay their share of existing outstanding debt. DISCUSSION: Consolidation of Fire Dispatch Although the Fire Department has contemplated recommending the City become a member of the NCDJPA for some time, recent events have made the transition much more attractive. These include the adoption of the 800MHz Regional Communications System (RCS) by all but two north county fire agencies except Camp Pendleton and the possibility of Oceanside joining the NCDJPA, given its recent decision to become a member of RCS. If Oceanside does join the NCDJPA all cities contiguous to the city of Carlsbad will be members of the RCS and the NCDJPA. Operational Advantages An immediate advantage will be the ability of the NCDJPA to dispatch the closest unit(s) to an emergency scene regardless of jurisdictional boundan'es. Under this scenario, the NCDJPA's Computer Aided Dispatch (CAD) system will select for dispatch those available units that are closest to the scene of an emergency. This could result in emergency personnel from another agency responding to an incident in our community or vice versa. This would most likely occur when the primary unit to respond in our city is already on a call. Although the amount of reduction in response time would vary case by case, response time savings could range from thirty seconds to more than three minutes. In addition, utilizing the regional dispatch center gives us the ability to consider the effect boundary drops would have on future response areas and service levels. Another advantage the NCDJPA offers is the ability to monitor the command channel on significant incidents. Ideally, on a major incident the Incident Commander (1C) establishes communication on a command and tactical channel separate from the dispatch channel, to avoid overwhelming the dispatch channel. The command channel is used by the 1C to organize resources on scene, contact the dispatcher to request additional resources, and by field personnel to contact the 1C. By segregating communications by operational purpose on the scene of an incident, safety and efficiency are improved. Due to call volume workloads associated with handling both fire and police calls at the Carlsbad dispatch center the fire dispatcher serves as backup to the 9-1-1 call taker and the police dispatcher. This does not allow time for the fire dispatcher to exclusively monitor the command channel on significant incidents, thereby requiring the incident commander to communicate with dispatch via the dispatch channel. Because the NCDJPA's call volume is less (27,000 NCDJPA calls for service vs. 69,000 for Carlsbad Police alone), its two dispatchers are able to dedicate themselves to significant incidents with little interruption. This provides for better communication between the dispatcher and the 1C, as the dispatcher can listen to how the incident is progressing and anticipate the types of requests that will be made by the 1C. Reduced response times to incidents involving mutual aid and automatic aid will also be realized as a result of joining the NCDJPA (although proportionately, they are a small percentage of our total call volume). Automatic aid is an agreement by adjoining agencies to provide an emergency response into a neighboring jurisdiction for an incident that requires significant emergency response resources. The criteria for these automatic aid response agreements are then programmed in to the dispatching jurisdictions CAD to automatically select the necessary compliment of emergency resources (from local and surrounding jurisdictions) to respond to a particular incident. Currently, when Carlsbad requires assistance in the form of mutual or automatic aid, our dispatch center first dispatches Carlsbad Page 3 of AB #17,005 emergency personnel to the scene, then calls the NCDJPA Dispatch Center to request that additional resources be dispatched from surrounding communities. As a member of the NCDJPA, all required responders to an incident (that are part of the NCDJPA) would be programmed in to the NCDJPA CAD, so all needed emergency resources from multiple jurisdictions would be dispatched at the same time by the NCDJPA dispatch center. This would shave approximately two minutes off the dispatching time for units responding into our community and an equivalent amount of time when Carlsbad is requested to respond to an incident in a neighboring community. Another advantage is the concentration of most Zone 1 fire agencies onto a single dispatch center. By routing fire, rescue and medical emergencies to a single dispatch center, the NCDJPA dispatchers are able to concentrate their efforts in maintaining their skills in the specialized field of fire dispatching. By contrast, due to the sheer volume of Police radio traffic (90%), as compared to fire calls (10%), Carlsbad dispatchers spend the vast majority of their time responding to Police related calls. This provides them with few opportunities to put into practice their skills as fire and emergency medical dispatchers. The NCDJPA dispatchers have a much greater opportunity to maintain their skills providing pre-arrival medical instructions and in dispatching mutual and automatic aid requests. Conversely, by eliminating the need for training dispatchers in both Police and Fire dispatching protocols our center's personnel will be able to concentrate their efforts on their primary function as Police dispatchers. This will eliminate the need for certain fire-related training, continuing education and medical dispatching quality improvement programs. A less obvious advantage will be the natural tendency for greater regional coordination and cooperation as the NCDJPA agencies begin to work together more frequently on emergency scenes and share a mutual dispatching resource. Undoubtedly, personnel from NCDJPA-member agencies will find themselves working in closer coordination with each other. In addition, the success of a regional dispatch center could serve as the impetus for agencies to consider consolidating other fire service functions in the region including training, public education, fire investigation, and special operations to name a few. These functional consolidations would improve our regions effectiveness by reducing redundant efforts and enabling improved specialization. Finally, if Oceanside and Carlsbad become members of the NCDJPA it could serve as a catalyst for Escondido, North County Fire (Fallbrook), Camp Pendleton, and Del Mar to also join. This would result in a single, regional fire dispatch center for Zone 1 serving all of north San Diego County (such as the Heartland Dispatch JPA does in the east county). This will allow the NCDJPA to allocate all the Zone 1 resources in a timely and coordinated manner in the event of a major disaster or significant incident requiring resources from multiple agencies. It will also provide for better communications at the scene of major incidents by providing a single command center that can quickly be staffed with a chief officer to coordinate the utilization of Zone 1 agency resources. This is in contrast to a simple communications center that only facilitates requests by field personnel, whereas a "command center" (such as the NCDJPA) has the ability to manage regional resource deployment to major incidents. Operational Issues In order to utilize the services of a separate fire dispatch center Carlsbad dispatchers will "live transfer" 9-1-1 calls for fire and medical related calls to the NCDJPA. This live transfer will take place over a direct connection telephone line with the NCDJPA. As a result, the call processing time may increase by approximately fifteen seconds, due to the call taker having to identify whether the call is for fire, police or both services before handling the call accordingly. In the case of a call requiring both a police and fire response, the most urgent need would be dispatched first. Typically, in a joint police/fire Page 4 of AB #17,005 emergency, the call would be handed over to the NCDJPA for fire dispatching first with the Carlsbad dispatcher remaining on the line to listen in on the conversation to gather information necessary to dispatch the police response. Once the fire dispatching is complete, the call could be handed back to the Carlsbad dispatcher to gather any additional Information needed by police. At no time would the caller be put on hold or be without someone to speak with. Other possible disadvantages include less familiarity by the NCDJPA dispatchers of the Carlsbad street system and landmarks, and the need to develop a consensus on dispatch issues that would affect the other member agencies. However, it should be noted that the current members of the North County Dispatch NCDJPA have a good working relationship and we have no reason to doubt that this cooperation would continue in the future. The coordination and cooperation that currently exists between our Police and Fire Departments should not be affected. The high level of field coordination of police and fire units is due in part to our compatible radio system that gives each of our agencies the ability to monitor the other. The radio system will remain unchanged and our ability to communicate with the Police Department on emergency scenes should not be impacted. In regards to customer service levels, all 9-1-1 calls will still be received at Carlsbad's dispatch center. The call will be answered by a Carlsbad dispatcher and, upon being determined to be a fire department call, will immediately be transferred to the NCDJPA dispatch center. It will not be readily apparent to the caller that they have been transferred to another location to complete the dispatching of their call. For example, once a call has been determined to be fire department related, a typical scenario would be for the caller to be told to please "stay on the line for the fire dispatcher" while the call is being transferred to the NCDJPA call taker. The NCDJPA call taker will then answer the line, "fire emergency" and proceed with gathering the information necessary to dispatch the call, which could include the Carlsbad dispatcher first informing the NCDJPA dispatcher of the information they have already ascertained from the caller. Operationally, the Carlsbad dispatch center would maintain its current staffing levels, with the continued need for the additional two dispatcher positions budgeted for in FY 02-03 reassessed if the Fire Department joins the NCDJPA. ALTERNATIVES: The only viable alternative is to continue to be dispatched through Carlsbad's dispatch center. As recommended by the Fire Dispatch Committee, this would necessitate the hiring of two additional dispatchers (in addition to the two additional positions budgeted for in FY 02-03) in order to maintain a minimum of three dispatchers (a call taker, a police dispatcher and a fire dispatcher) on a 24-hour basis. In addition, improvement in orientation, training, and emergency medical dispatch quality improvement programs would need to be implemented and/or enhanced. In theory, with the addition of personnel and training, the level of service provided by Carlsbad's dispatch center could approach that provided by the NCDJPA. However, the mentioned operational advantages of consolidating the north county region onto one fire dispatch center cannot be achieved by continuing to maintain our own dispatch center separate from the region's. Page 5 of AB #17,005 FISCAL IMPACT: As shown on the attached exhibits, the one-time start up costs necessary to join the NCDJPA are approximately $100,000. When our membership is accepted by the NCOJPA Board, staff will return to the City Council to request that this amount of money be allocated to the Fire Department from the City Council's contingency account. These one-time start up costs will be off-set by approximately $150,000 in discounts offered by the NCDJPA in years one (30%), two (20%), and three (10%) on our annual assessment, and other one-time savings estimated at $536,750, associated with not having to implement the fire portion of the city's planned CAD upgrade. As it is anticipated that the Fire Department will not begin receiving actual dispatching services from the NCDJPA until July 1, 2003 the annual operating costs of approximately $256,000 per year will be requested as part of the normal budget process for FY03-04. Carlsbad's ongoing costs for membership in the NCDJPA are based on our call volume as a percentage of the total cost to operate the NCDJPA. Our annual operating costs would be partially offset by savings our city would experience by postponing indefinitely the addition of two additional dispatch positions needed to staff a dedicated fire dispatch position ($122.046) on a 24 hour basis, in addition to the potential elimination through attrition of the two new positions budgeted for in FY02-03. In addition, there would be approximately $30,000 in ongoing savings related to not having to maintain the fire portion of the planned CAD and Records Management System upgrade and certain training costs for our dispatchers. Finally, with the addition of other North County agencies in the future, the NCDJPA's economies of scale will continue to improve, resulting in a lowering of member fees overall. EXHIBITS: 2002-356 1. Resolution No. " requesting the North County Dispatch Joint Powers Authority (NCDJPA) Board approve the City of Carlsbad becoming a member agency with the agreement that the City of Carlsbad will pay no buy-in fee and will receive a 30%, 20%, and 10% discount on the annual assessment in years one, two, and three respectively. 2. Estimated costs associated with joining NCDJPA 3. NCDJPA Budget Allocation 4. NCDJPA Revenue Pie Chart, FY 01-02 & FY 02-03 5. Letters of support from various north county fire agencies 6. Joint Exercise of Powers Agreement for North County Dispatch Joint Powers Authority EXHIBIT 2 Carlsbad Firs Department Estimated Costs Associated with Joining the NCDJPA Estimated One-time costs CAD Dedicated Computer and software CAD Dedicated Computer printer Universal Power Supply Station Pager and printer (backup to CAD) Relay Router & T-1 from SC/Ctoud/JPA Misc. Network Hardware/Connections Misc. NCDJPA Staff Time Alert Notification Box Interface Apparatus Status units Pagers For Each Apparatus and Duty BC Direct phone line Installation Sub-Total 10% Contingency TOTAL Cost Per Each 2,000 750 250 700 10,000 3,000 5,000 5,000 500 200 1,062 9,096 Needed 9 9 9 6 1 rrtsc misc 6 15 16 1 1 Total 18,000 6,750 2,250 4,200 10,000 3,000 5.000 30,000 7,500 3,200 1,062 90362 9,096 100,058 Indirect Costs Upgrade of Alert Notification System * To Be Determined 6 Unknown On-going Annual Costs 3 ea. T-1 Line Monthly Fee One Direct Connect phone line Cost per call (42.475 x 5,660 = 248,903) TOTAL Cost Per Month 516 118 20,742 Months 12 12 12 Annual Total 6,192 1,416 248,903 256,511 One-time Savings First Year Discount 30%" Second Year Discount 20% " Third Year Discount 10% ** CAD Upgrade Savings (estimate) TOTAL 74,671 49,781 24,890 536,750 686,092 Ongoing Annual Saving* Cornm. Operator II (Proposed in future) *" CAD maintenance cost savings **** Eliminate various fire dispatcher training prog. TOTAL 61,023 2.500 2 12 122,046 30,000 unknown 152,046 • Our fire station alert notification systems were planned to be upgraded as part of the CAD upgrade. Although not a direct cost of joining the NCDJPA it Is recommended that this upgrade occur in conjunction with the transition to (tie new dispatch provider. Costs for this upgrade are not yet available but will be when City Council is requested to formally adopt the JPA agreement and the associated funding mechanism. " The NCDJPA tentative offer for us to join includes three years of discounts at 30%. 20% and 10%. *" The Fire Dispatch Committee recommended that 4 positions be hired to bring the Carlsbad Dispatch Center staffing up to 3 minimum 24 hours a day. This would allow for one call taker and one Fire and Police Dispatcher each. It was decided to only add 2 dispatchers in FY 02-03 to bring the minimum staffing up to 3 during peak hours (8 a.m. - 12 midnight). The Police Department will again look at dispatcher workloads if the Fire Department joins the JPA, with the possibility of eliminating these two positions through attrition rf warranted. However, it is anticipated the two future unbudgeted positions could be postponed indefinitely if the Fire Department joins the NCDJPA. *"* Ongoing CAD savings are estimated at this time based on negotiations with the potential new CAD vendor. EXHIBIT 3 North County Dispatch JPA Budget Allocation Member Agendas Encinitas Fire RSF Fire San Marcos Fire San Marcos PW Solatia Beach Fire Solana Beach PW Vista Fire Vista PW Sub-total Dispatched Calls 2001 3,764 1,451 4,670 98 998 37 7,053 183 18,254 FY 01/02 Contribution 209,860 o 1 ,955 247,340 5.687 58.571 2,256 409,775 10,293 1,025,737 Contract Agencies CSA-17 Ambulance District Elfin Forest Volunteer Fire RSF Patrol Olivenhain Water District PW Sub-total TOTAL 593 71 2,077 203 2,944 21,198 32,162 5,000 109,039 13.724 159,925 1,185,662 Potential Members Carlsbad Fire Camp Pendleton Del Mar Fire North County Fire Oceanside Fire * Escondido Fire TOTAL Est. Calls 5,860 4.000 945 3.961 10,710 9.463 34,939 Dispatch JPA Budget Personnel Contract Services Materials & Supplies Insurance Capital & Capital Replacement TOTAL Projected Designated Reserves FY01-02 707.157 375,054 50,639 5,211 47,600 1,185,661 212,800 *Oceanside recently agreed to join the 600 MHz system and has informed the NCDJPA that they are interested in joining the JPA. With Oceanside joining the JPA all cities contiguous to the City of Carlsbad would be a member of the JPA. * EXHIBIT 4 NCDJPA Revenue FY 01-02 $1,185,662 $159,925(13%) Contract $420,068 (36% Vista $209,860(18%) Encinitas $81,955(7%) Rancho SF $253,027(21%) San Marcos $60,827 (5%) Solana Beach NCDJPA Revenue FY 02-03 $1,172,828 (with Carlsbad)* $159,875(14%) $248,903(21%) Carlsbad $162,098(14%) Contract Agencies $299,576 (25%) Vista $61,631 (5%) Rancho SF $198,358(17%) San Marcos $42,390 (4%) Solana Beach *FY 02-03 budget is slightly less than FY 01-02 due to the use of $227,730 in reserve funds for special projects anc EXHIBIT 5 Dwight B. Van Zanen Fire Chief Tom Day Deputy Fire Chief Christopher Jensen Fire Marshal Jeff D. Berg Battalion Chief Kent L. Norton Battalion Chief Randy G. Terich Battalion Chief Marilyn Anderson Emergency Services ...SERVING THE CITY OF VISTA AND THE VISTA FIRE PROTECTION DISTRIST May 22,2002 Chief Kevin Crawford CITY OF CARLSBAD 2560 Orion Way Carlsbad CA 92008 SUBJECT NORTH COUNTY DISPATCH JOINT POWERS AGENCY Dear Chief Crawford: I appreciate very much your time and participation in the meeting today. The outlook for improved cooperation among local fire departments has been significantly improved by your appointment. As we discussed, to further that cooperation and improve operational effectiveness, I strongly support including the Carlsbad Fire Department in the North County Dispatch JPA. We at Vista have been very satisfied with the services provided by the NCDJPA. Vista has participated nearly since the beginning, and we are currently the participant with the highest call volume - about 7,500/year. The facilities, equipment, personnel and procedures are all much more professional and effective than we could provide for ourselves; and we believe they are better than the other alternative dispatch facilities in the area. The reasons for the success of the NCDPA result from both its structure, and its staff. The JPA is now managed by a professional Administrator under the direction of Fire Chiefs. Policy and budget direction are under a Board of elected officials, but operational issues are managed by the Fire Chiefs who participate in the JPA. Any issues we have with the quality of service are appropriate to raise at a monthly meeting, and are resolved to meet the service requirements of the fire service. We have no conflicts to resolve regarding the relative importance of the incidents of a police agency. 175 North Melrose Drive %Vista, California 92083-5718 %(760) 726-2144 «wFAX (760) 726-0852 Chief Kevin Crawford Page Two May 22,2002 SUBJECT NORTH COUNTY DISPATCH JOINT POWERS AGENCY The JPA is oriented toward continuous improvement, Personnel, equipment, facility and procedure upgrades are made when needed. Suggestions for improvement, and errors that require investigation, are addressed promptly and thoroughly. The advice of professional associations and consultants is being obtained to verify the JPA is making progress toward greater professionalism and effectiveness. The addition of the Carlsbad Fire Department can only make things better. Along with Oceanside, the addition of Carlsbad will complete a contiguous service area that will make the daily automatic and mutual aid assistance to each other as seamless as possible. It is the foundation for other areas of improved cooperation and improved operational effectiveness. As a bonus, the addition of Oceanside and Carlsbad will reduce dispatch costs for all NCDJPA members, because of the efficiencies that result from consolidation and shared costs. Please join us. Sincerely, Ltr Carlsbad dispatch City of Encinitas June 3, 2002 Chief Kevin Crawford Carlsbad Fire Department 2560 Orion Way • Carlsbad, CA 92008 Dear Chief Crawford: Like other North County fire departments, the Encinitas Fire Department is excited about the prospect of welcoming the Carlsbad Fire Department into the North County Dispatch JPA, Our experience as a partner in the North County Dispatch JPA has been satisfying. The community of Encinitas and other communities in North County have benefited from the professionalism and knowledge that the NCDJPA staff possess and the dispatching resources that are available to assist local firefighters. Furthermore, member agencies guide NCDJPA operations through monthly meetings attended by the fire chiefs, giving each agency a strong voice. A byproduct of our participation in the NCDJPA has been the strengthening of our relationship with other local fire departments. The member agencies frequently participate in training together, as well as share information with one another about issues important to the fire service. The level of cooperation among participating agencies has grown tremendously as the NCDJPA has evolved. Your department's inclusion in the NCDJPA would further benefit our region by improving automatic aid and mutual aid by housing dispatch operations at a single facility. As your neighbor to the south, this will help both of our communities by allowing for the most effective use of emergency resources and ensuring reliable communication between our agencies. The Encinitas Fire Department urges your agency to join the North County Dispatch JPA. Please call me if you have any questions regarding NCDJPA or our agency's experience as a member. Sincerely, Donald Heiser Fire Chief TEL 619-633-2600 / FAX 619-633-2627 505 S. Vulcan Avenue, Encinitas, California 92024-3633 TDD 619-633-2700 recycled (taper CITY OF OCEANSIDE FIRE DEPARTMENT GLENN A. McCLOSKEY FIRE CHIEF June 5, 2002 Kevin Crawford, Fire Chief Carlsbad Fire Department 2560 Orion Way Carlsbad, CA 92008-7240 Dear Chief Crawford: I am pleased to inform you that the Oceanside Fire Department will become part of the Regional Communications System (RCS) on July 01, 2002. Our entry into the countywide system will immediately improve the safety and efficiency of our public safety mission. Having common communications will allow our neighboring jurisdictions a means to provide and receive automatic aid, mutual aid and training assistance more effectively. Following closely behind our move to the 800 Mhz radio system, and as funding permits in FY 02-03, will be the transfer of the dispatching component of the Oceanside Fire Department to the North County Joint Powers Agreement (Rancho). This long awaited move will bring a professional fire dispatch capability to our organization. Expertise in fire/medical dispatching will benefit the public we serve by streamlining the dispatching process and improve the utilization of the public safety resources throughout North San Diego County. The prospect of the Carlsbad Fire Department moving its dispatching function to Rancho would provide cost savings and seamless communications; a benefit to all participating jurisdictions. The Oceanside Fire Department looks forward to the continued support of the Carlsbad Fire Department and the City of Carlsbad. Together, we will make the north coast of San Diego County a safer place to live. Sincerely, Glenn A. McCloskey Fire Chief Oceanside Fire Department Cc Steve Jepsen, City Manager FIRE ADMINISTRATION TRAINING DIVISION FIRE PREVENTION EMERGENCY MEDICAL SERVICES 760-4354100 760-435-4355 760435-4101 760-436-4100 CIVIC CENTER 300 NORTH COAST HIGHWAY OCEANSIDE, CA 92054-2885 1 Civic Center Drive \fl0EB fi iHvV/ Telephone San Marcos, CA 92069-2918 V*m» • • l^Fm^f 760.744.1050 FAX: 760.744.5213 June 18,2002 Kevin Crawford, Fire Chief Carlsbad Fire Department 2560 Orion Way Carlsbad, Ca 92008-7240 Dear Chief Crawford: Over the last several months, there have been some informal discussions regarding the possibility of the Carlsbad Fire Department joining the North County Dispatch Joint Powers Agency. As you move forward in your analysis of possibly making this important change, I wanted to extend any assistance we could provide, while at the same time outlining some of the benefits Carlsbad may immediately realize in becoming a member of the NCDJPA. Beside the obvious benefits of improved dispatch and response times through the use of a centralized communications center, I believe Carlsbad will realize a number of other immediate benefits that should be considered during your analysis. These benefits are: 1. Use of the National Fire Incident Reporting System through Aether/SunPro RMS In 2003, the California incident reporting standard will transition from CFIRS to the National Fire Incident Reporting System, (NFIRS). The NCDJPA has already made this transition and through a CAD interface, data is transferred to the Record Management System (RMS). Your officers will be able to use a computer at each of your locations to easily input incident information. We have created a step-by-step operational manual, and are capable of assisting Carlsbad in training your personnel in the use of NFIRS. This will result in additional cost savings, as you will not have to absorb the start up costs of establishing NFIRS within your agency, or have to send personnel to expensive off-site training classes to gain this knowledge, as it can be provided to you locally. Additionally, the system will allow you to gain detailed insight into the activities of your fire units through the use of various RMS reports such as reaction and response times, unit demand, fire analysis, call types, ems transport data, training, and other related activities. 2. Improved Advanced Life Support Services for all North County Residents Currently, the City of Vista and San Marcos has improved paramedic services by providing automatic backup to each other when necessary Through this flgregmant, the NC^TPA Cfl" CITY COUNCIL: F.H. "Corky" Smith, Mayor Pia Harri&ajert, Vice-Mayor Hal Martin Mark Rozmus Lee B. Thibadeau O Printed on 30% post-consumer recycled paper Page Two June 18, 2002 dispatch a neighboring paramedic ambulance based on a pre-approved response plan. This occurs when local resources have been depleted. It avoids the time delays associated with private ambulances and results in better care for our residents. By joining the NCDJPA, Carlsbad could easily participate in this program and reap the benefits of having a neighboring ALS unit back up your units when necessary. 3 . Eliminates the Duplication of Responding Resources On jurisdictional borders, NCDJPA members benefit by response plans that eliminate the duplication of responding resources. The CAD can be set up to respond specific equipment from each agency, rather than both agencies sending a full response. A good example of how this works is found in the response plans for the freeways between any of the member agencies. 4. Faster Station Coverage Upon an emergency occurring in your City that may leave some of your stations vacant for a period of time, your Incident Commander can arrange for a station move up and within minutes, a neighboring NCDJPA unit can be moved to Carlsbad. Although you currently have the availability to do this through the Zone, the administrative problems are eliminated, as the NCDJPA is also the Zone Coordinator. Kevin, I have tried to highlight some of the other areas that Carlsbad would see benefits in, realizing that you have been researching this for some time. If you would like to see a demonstration of the Record Management System, please feel free to contact me and I would be glad to demonstrate the program to you and your staff. Sincerely, rry E. WeWebb Fire Chief San Marcos Fire Department \2> FOR THE INFORMATION OF THE CITY COUNCIL DA CITY ATTORNEY DECEMBER 10,2002 TO: MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY RESOLUTION REQUESTING THE NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY TO APPROVE CARLSBAD BECOMING A MEMBER FOR FIRE DISPATCHING SERVICES AGENDA ITEM 6 Attached to this memorandum, please find a revised resolution for the above- referenced item making it clear that the matter will return to the City Council for approval of the final terms and conditions of the City becoming a member of the North County Dispatch J PA. Please pull this item from the consent calendar and substitute and approve the revised resolution. Should you have any questions regarding the above, please do not hesitate to contact me. RONALD R. BALL City Attorney afs c:City Manager City Clerk Fire Chief Deputy City Attorney McMahon EXHIBIT 6 AMENDED AND RESTATED JOINT EXERCISE of POWERS AGREEMENT for "NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY" THIS AGREEMENT, made and entered into this day of , 2002, by and between the CITY OF ENCINITAS, CITY OF SAN MARCOS, CITY OF SOLANA BEACH, CITY OF VISTA, and RANCHO SANTA FE FIRE PROTECTION DISTRICT, collectively the "Member Agencies" and individually "Member Agency"), all of which are public agencies 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; 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; 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 WHEREAS, the Member Agencies desire to adopt an Amended and Restated Agreement which supercedes all previous Agreements and Amendments thereto. NOW, THEREFORE, the Member Agencies, for and in consideration of the mutual benefits, promises and agreements set forth herein, agree as follows: Page 1 11/13/02 SECTION 1. Purpose. This Agreement is made pursuant to California Government Code Sections 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 continue to exercise these powers jointly by equipping, maintaining, operating and staffing a facility (hereinafter "Facility"), and providing 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, as set forth in SECTION 8, upon all parties hereto, and shall 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 individual Member Agencies agree to terminate the Agreement, in the manner set forth in SECTION 9. 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 "North County Dispatch Joint Powers Authority" (hereinafter "Authority")- The debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities or obligations of any of the Member Agencies, except as set forth in this agreement. B. Conduct of Business. The Authority may utilize the services of a Member Agency in the general conduct of business, for which the Member Agency will be compensated as determined by Agreement between the Member Agency and the Authority. Alternatively, the Authority may contract for administrative or general services following a bid process to be established by the Board of Directors. The scope of services shall require notification to the Authority each February 15 of the fee or rate structure for services to be rendered during the following fiscal year. C. Board. The Authority shall be governed by a Board of Directors, which shall be called the "North County Dispatch JPA Board of Directors" (hereinafter "Board"). Each Page 2 11/13/02 Member Agency which is a party to this Agreement shall have one seat on the Board, and shall fill such seat by appointment from its governing body, in accordance with the Member Agency's policies and procedures. A Board Member shall serve at the pleasure of the appointing Member Agency, except such appointee shall cease to be a Board Member if he/she ceases to be a member of the governing board 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 the Board of its respective appointment. The Secretary of the Board shall notify each Member Agency of the appointments of the other parties. D. NCDJPA Chiefs. Pursuant to Section 6508 of the Act, there is hereby created an administrative entity, immediately subordinate to the Board to be known as the "NCDJPA Chiefs" (hereinafter "Chiefs". Each Member Agency shall have one member to be filled by the respective Agency's Fire Chief, or his/her designee. A Chief shall serve at the pleasure of the Member Agency of which he/she is an employee, except he/she shall cease to be a Chief if he/she ceases to be an employee of 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 Board of the name of its respective Chief, as applicable. E. Administration. The Authority may employ an administrator, to be known as the NCDJPA Administrator (hereinafter "Administrator"). The Administrator shall be authorized to act on behalf of the Board in all matters of personnel administration. With oversight by the Chiefs, the Administrator shall implement the budget established by the Board and the operations program established by the Chiefs. F. Meetings of the Board and the Chiefs. (1) Regular Meetings of the Board. The Board shall provide for its regular meetings; however, it shall hold at least one regular meeting immediately prior to each May 1st, at which meeting the Board shall consider and adopt the annual budget for the Authority for the ensuing fiscal year. The date and hour 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. The Board shall determine the place of the meeting. (2) Regular Meetings of the Chiefs. The Chiefs shall provide for its regular meeting; however, it shall hold at least one regular meeting each quarter. Further meetings may be called by the Chair of the Chiefs or by a majority of the Chiefs. No designee representing a Chief of a Member Agency may call a meeting or sit as Chair at any regular or special meeting of the Chiefs. The date and hour and place at which regular meetings shall be held shall be determined by a majority vote of the Chiefs. Page 3 11/13/02 (3) Ralph M. Brown Act. The Board and the Chiefs shall adopt rules for conducting their meetings and other business. All meetings of the Board and the Chiefs, 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). (4) Minutes. The Secretaries of the Board and the Chiefs 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 Board Member and each Chief, respectively, and to each of the Member Agencies. (5) Quorum. A majority of the Board and/or Chiefs 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 Board or the Chiefs is required to take action. G. Officers and Respective Duties. (1) Chair and Vice Chair of the Board. The Board shall elect a Chair and Vice Chair at its first meeting, and thereafter, at the first meeting held in each second succeeding calendar year, the Board shall elect or re-elect its Chair and Vice Chair. In the event the Chair or Vice Chair so elected ceases to be a Board Member, 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 and conduct all meetings of the Board. (2) Secretary of the Board. The Administrator shall be the Secretary of the Board. The Secretary or designee will keep minutes and will prepare an agenda for each meeting of the Board. The Secretary or designee 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. (3) Attorney of the Authority. The Authority shall select an Attorney that does not serve as City Attorney or General Counsel for any Member Agency. The Attorney shall advise the Board, the NCDJPA Chiefs, and the Administrator in connection with any business relating to the Authority. (4) Treasurer/Controller of the Authority. The Treasurer of the Authority may be the County of San Diego or the Treasurer of one of the member agencies, as designated by the Board of Directors. The Authority Page 4 11/13/02 shall designate one Member Agency to act as the Controller of the Authority for a fee to be determined by the Board and the Member Agency acting as Controller. The Treasurer is required to comply with the provisions of Government Code § 6505.5. The Treasurer and Controller shall work in conjunction with the Administrator to perform the following functions: (a) establish, with the Board'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 sections 53600 et seq.; he/she will further ensure that sufficient liquidity is maintained to meet the Authority's cash disbursement needs; (e) ensure that all NCDJPA employees are properly compensated according to the rules of the Authority and the most current Memorandum of Understanding, if any, between the Authority and its employees; (f) ensure that all NCDJPA vendors are paid properly and in a timely manner; (g) furnish quarterly revenue, expenditure and funds status reports to the Board; (h) maintain an inventory of all property of the Authority; (i) with advice from the Board, obtain and maintain liability and casualty insurance for the Authority and for the property of the Authority, respectively; and (j) make all books and records of the Authority open to inspection at all reasonable times by representatives of the Member Agencies. (5) Chair and Vice Chair of the Chiefs. The Chiefs shall elect a Chair and Vice Chair at their first meeting, and thereafter, at the first meeting held in each succeeding calendar year, the Chiefs shall elect or re-elect its Chair and Vice Chair. In the event the Chair or Vice Chair so elected ceases to be a Member, the resulting vacancy shall be filled at the meeting of the Chiefs Page 5 11/13/02 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 Chiefs. No designee sitting in for a Chief shall preside over any meeting of the Chiefs. (6) Secretary of the Chiefs. The Administrator shall be the Secretary of the Chiefs. The Secretary or designee will keep minutes and will prepare an agenda for each meeting of the Chiefs. 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 the communications and related services. 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 corporation, 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. The debts, liabilities and obligations of the Authority shall not be the debt, liabilities and obligations of Member Agencies, except as provided in Sections 5.C.3 and 5.C.4 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 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. Page 6 11/13/02 B. Board. The Board, as governing body of the Authority, shall formulate and set policy including budget and purchase policies, and shall exercise the powers set forth in SECTION 4.A. of this Agreement to accomplish its purpose. While the Board retains full control and is responsible for the affairs of the Authority, it shall rely upon the Chiefs 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. Chiefs. The Chiefs are the administrative arm of the Board and are authorized to act on behalf of the Board as necessary for the ordinary conduct of business, through the JPA Administrator. The Chiefs are responsible to the Board 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. 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, except if the effective date of this Agreement is other than July 1, the first fiscal year shall be a short year commencing the effective date and ending the following June 30. The Authority shall operate only under an approved fiscal year budget. The Authority may not operate at a deficit. B. Budget Reserve. 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 express approval of the Board. The amount of the Budget to be generated by the assessments against member agencies may be reduced by expected revenue from executed contracts for dispatch services to public and non-public agencies and by 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 Board, 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 shared among the Member Agencies based on the Page 7 11/13/02 percentage of the total number of calls, within the time period established by the Board, dispatched by the dispatch center for each participating agency, or, based on an alternative method approved by two-thirds vote of the entire board. 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 rent or 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 based on the percentage of the total number of calls dispatched by the dispatch center for each participating Agency, or an alternative method approved by two-thirds vote of the entire board. (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 allocated proportionately by such minority. The Board may set up special cost allocation for these purchases, but all members funding the purchase must approve of the allocation. (3) Debt Financing. On behalf of the Authority, the Board 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 Board, 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 Page 8 . 11/13/02 Ml January 15: 25% of total assessment April 15: 15% of total assessment The Board 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 termination as provided under Section 8 of this agreement. Disputes shall be resolved in accordance with the provisions of 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 Chiefs have the authority to fully implement the approved budget. The Administrator, with the approval of the Chiefs, may recommend expenditures and budgetary transfers or adjustments. However, neither the NCDJPA Chiefs nor the Administrator may exceed the personnel staffing authorized in the budget, either in number, position classification, or salary. Neither the Chiefs nor the Administrator may alter the capital budget, utilize the Reserve for contingency, or increase the total amount of the approved expenditure budget without Board approval. SECTION 6. Personnel. A. The Authority may employ an Administrator 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 Administrator, with oversight of the Chiefs, is authorized to act on behalf of the Board in all matters of personnel administration, given the positions and funding authorized by the Board in the Authority's budget. This includes, but is not limited to, hiring, supervisory direction, performance evaluations, disciplinary matters, and termination. The Board shall approve any recognition of employee bargaining groups or the entry into any Memorandum of Understanding with a recognized bargaining group. 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 Board. Page 9 11/13/02 Such service shall be by contract, executed by the Chair of the Board on behalf of the Board. The Board shall establish the amount of charge for the service, which may be a set fee or a per-call charge, or both, to be billed and paid quarterly. SECTION 8. Withdrawal: Termination. A Member Agency may withdraw as a party to this Agreement without penalty on any June 30 thereafter, within 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. If any Member Agency defaults on payment of any assessment as established by the Board, 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 Board. The terminated Member Agency remains liable for the defaulted payment and late charges for the balance of the year's assessment, and for assessments from previous years and shall be liable for any defaulted payments and late charges. 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. Disputes regarding payment of assessments shall be resolved by mediation, where possible. If payment disputes are not resolved within 60 days, termination of the Member Agency shall be agendized for determination by the Board. 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 annual assessment on the date of withdrawal, applied to the total amount of Authority's debt 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. A withdrawing Member Agency whose Board Member has voted to approve a capital project or debt financing within 60 days of its withdrawal notice shall be responsible for any costs incurred from that project or financing. Page 10 11/13/02 Mi SECTION 9. Dissolution. 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 when all debt is retired, 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 the Authority. The Board must formally accept a final accounting prepared by the 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 last year of the Agreement. D. In no event shall assets be transferred to Member Agencies until all debts are retired. SECTION 11. Amendment to Agreement. Any proposed amendment to this agreement shall be presented in writing to the Board. The Board shall review the proposal and request a recommendation from the Chiefs. The Board shall consider any proposed amendment to the agreement and determine whether or not the Boards recommends to the member agencies approval, approval with amendments, or rejection of the proposed amendment. The Board's recommendation shall be made upon a majority vote of the entire Board. Any proposed amendment to the Agreement shall not be adopted unless it is approved by the governing bodies of at least two-thirds of the member agencies. Upon approval by any member agency, the executing signatures by the person authorized by each member agency shall be forwarded to the Secretary, and the Secretary shall then notify each member agency upon the adoption of the amendment. 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 Board, and subject to the following terms and conditions. 11 11/13/02 A new Member Agency may be permitted to join the Authority upon the approval of a majority of the Board, upon such terms and subject to such conditions as the Board may approve, and upon the new Member Agency approving and executing the agreement. The Board and the new Member Agency may enter into a separate agreement with respect to the terms and conditions for membership. A. The Board 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 to be paid annually, as determined by majority vote of the Board 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 Board believes are germane to the determination. C. The effective date of the inclusion as an additional party shall occur on a date mutually agreed upon by the Board and the new Member Agency. Such public agencies that become parties hereto shall otherwise be entitled to all the rights and obligations of, and shall become Member Agencies as defined in this Agreement. SECTION 13. Severabilitv. 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 Page 12 11/13/02 MS 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 Board, Chiefs, Administrator, 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 to 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. IN WITNESS WHEREOF, 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. CITYOFENCINITAS By: CITY OF SOLANA BEACH By: CITY OF SAN MARCOS By: CITY OF VISTA By: RANCHO SANTA FE FIRE PROTECTION DISTRICT By: Page 13 11/13/02 o 3 (DO O(O CO (D O O m CL I/) O•a o 3 =tfc CO 30 o o> 1 CDCA 2. a. -j w O t CO CO ^ ro 0o 2 ooo _ro 00 £ oo cnro o 0o ro Olo0 rocn o0o •€/»oo o 0o cn rooo Vj 8 I| li T CO 70 <B 1^_ 80) 5"Q.cQ.0>W -H -n sfc -* 20 r^> 1 4^COCO O5 O0 •Jk ^ooo biCD O)22- •a ooCO CO 01 oo0 ro bioo roO) o0 0 •€*» (j o0 •ff)cn "ro 0o cocn CO0o1Proposed «RedundantD 55' > eg (D O « O) 7T i 2.= &(fl -H ^q^. -* 2O J < tCOCO roCO01 *"^ 00o "rororo Io O02-w rocn oo0 0oo fnrocn o0o <A "cnoo 01"roo0 if* CO0o i ? ** 5 <D 2- O (0 S 5? I 3 2. o ^ 8 III 111o 3 S. oo 13 I CO£o Carlsbad Fin Department Revised Cost Estimates Associated with Joining the NCDJPA Estimated One-time costs CAD Dedicated Computer and software CAD Dedicated Computer printer Universal Power Supply Station Pager and printer (backup to CAD) (1) Relay Router & T-1 from SC/Cloud/JPA (2) Misc. Network Hardware/Connections Misc. NCDJPA Staff Time (3) Alert Notification Box Interface Apparatus Status units Pagers For Each Apparatus and Duty BC Direct phone line installation Sub-Total Contingency TOTAL Cost Per Each 2,000 750 250 700 10,000 3,000 5,000 5,000 500 200 1,062 4,796 Needed 9 9 9 6 1 misc misc 6 15 16 1 1 Total 18,000 6,750 2,250 4,200 0 0 5,000 0 7,500 3,200 1,062 47,962 9,038 57,000 (1) These costs ($10,000) are now included in the network upgrade portion of the project. (2) These costs ($3,000) are now included in the network upgrade portion of the project. (3) These costs ($30,000) will be included in the request to upgrade the Fire Station alerting systems to be brought forward in a future Agenda Bill. SECOND AMENDED AND RESTATED JOINT EXERCISE of POWERS AGREEMENT for "NORTH COUNTY DISPATCH JOINT POWERS AUTHORITY" THIS SECOND AMENDED AND RESTATED JOINT EXERCISE of POWERS AGREEMENT, ("Agreement") made and entered into this _28th_ day of _May_, 2009, by and between the CITY OF CARLSBAD, CITY OF ENCINITAS, CITY OF OCEANSIDE, CITY OF SAN MARCOS, CITY OF SOLANA BEACH, CITY OF VISTA, NORTH COUNTY FIRE PROTECTION DISTRICT, and RANCHO SANTA FE FIRE PROTECTION DISTRICT, collectively the "Member Agencies" and individually "Member" or "Member Agency"), all of which are public agencies organized and existing under and by virtue of the laws of the State of California. RECITALS A. Each Member Agency to this Agreement provides public services, including fire protection, fire prevention, rescue, emergency medical, public works, and related administrative services, within their respective boundaries. B. Each Member Agency has determined that joint use of a central communications network and record keeping system reduces the administrative costs that would otherwise be incurred by each Member in providing fire suppression, emergency medical assistance, rescue service, public works and related services. C. Each Member Agency has determined that the costs associated with maintaining the staff and equipment necessary to operate a Communications Center should be funded by the Member Agencies through a formal Joint Powers Agreement with costs apportioned to reflect the extent to which each Member Agency utilizes the emergency Communications Equipment and staff. D. Each Member Agency has determined that joint use of a central communications network and record-keeping system facilitates the provision of higher quality services in a more efficient and effective manner. E. Each Member Agency has the power and authority to perform, and contract with one another pursuant to the Joint Exercise of Powers Act (Section 6500 et. seq. of the Government Code) for the performance of the duties and functions that form the basis of this Agreement. Page 1 F. Each Member Agency has the power to contract with other agencies for communications services, equipment and related items. G. Member Agencies entered into the initial Joint Powers Agreement on June 11, 1984, and subsequently executed an Amended and Restated Joint Powers Agreement dated October 30, 2002. The Member Agencies wish to further amend said Agreement in its entirety through this Second Amended and Restated Joint Exercise of Powers Agreement, which is intended to supersede all previous Agreements. SECTION 1. Purpose This Agreement is made pursuant to California Government Code Sections 6500, et seq., hereinafter referred to as the "Act", to permit the joint exercise of certain powers common to Member Agencies for the purpose of providing emergency communications services. The purpose of this Agreement is to equip, maintain, operate and staff a Communications Center and provide emergency call receiving and dispatching services to the Member Agencies. This Agreement shall continue the obligations of the Member Agencies under the previous Agreement that 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. Definitions For the purpose of this Agreement, the words or terms specified in this Chapter shall have the following meanings: A. "Administrator" The Authority may employ an administrator, to be known as the Administrator (hereinafter "Administrator"). The Administrator shall be authorized to act on behalf of the Board in all matters of personnel operations. With oversight by the Chiefs, the Administrator shall implement the budget established by the Board and the operations program established by the Chiefs. B. "Authority" shall mean the Joint Powers Authority known as the North County Dispatch Joint Powers Authority, created by this Agreement pursuant to the Joint Exercise of Powers Act (Section 6500 et. seq. of the Government Code). C. "Board" is the governing body of the Authority. D. "Board member" shall mean the voting member or alternate appointed by the governing body of each Member Agency to represent said Member Agency on the Board. Page 2 E. "Communications Center" shall mean that portion of any structure or physical facility that houses Communications Equipment and/or Communications Center Staff. F. "Communications Center Staff' or "Staff1 shall mean all personnel of the Authority performing services related to the operations and maintenance of the North County Communication Center, or such agency or individual as may be appointed by the Board to perform these functions. G. "Communications Equipment" shall mean all electronic equipment, including telephones, telephone lines, radios, computers and software located within, or connected to, the Communications Center and utilized for the fire or rescue-related emergency communications or records management of any of the Parties. H. "Contract Agency" means each of the public agencies that are not Members of the Joint Powers Authority that wish to contract with North County Dispatch Joint Powers Authority to receive communication services, equipment and related items and contribute to the cost of operating and administering this Joint Powers Authority by executing a contract agreement in a form approved by the Board. I. "Fiscal Year" shall mean the twelve-month period commencing July 1st and concluding June 30th. J. "Member" or "Member Agency" shall mean any public entity that is a member on the effective date of this Agreement or becomes a Member to this Agreement pursuant to the provisions of Section 15. K. "Recorded Incident" shall mean any call for service dispatched within the jurisdiction of a Member Agency that generates an incident number through any emergency Communications Facility used by any Member during any relevant period prior to the effective date of this Agreement and through the Communications Center on the effective date of this Agreement or at such time as the Communications Center begins operation pursuant to this Agreement. SECTION 3. Term This Agreement shall become effective on the date set forth at the beginning of this Agreement, and shall be binding on all Member Agencies hereto, and shall continue in full force and effect until one of the following occurs: 1) the Agreement is superseded by a new amended and restated Agreement; 2) the individual Member Agencies agree to terminate the Agreement; or 3) the number of Member Agencies is reduced to a single agency as a result of withdrawal of the other Member Agencies. Page 3 SECTION 4. Powers and Duties A. Authority. The Authority shall have the powers common to the Member Agencies, including the power to acquire sites and construct, equip, staff, maintain, operate and lease public buildings and related facilities for the purpose of communications and related services. B. 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 provide for the administration and management of the Authority; 2. to make and enter into contracts; 3. to employ agents and employees; and hire consultants, agents, attorneys, independent contractors and financial advisors; 4. to acquire, construct, manage, maintain and operate any buildings, works or improvements; 5. to acquire, hold, lease or dispose of property within the County of San Diego; 6. to incur debts, liabilities or obligations, subject to the limitations specified in this Agreement; 7. to receive gifts, contributions and donations of property and funds, services, and other forms of financial assistance, from persons, firms and corporation, and any governmental entity; 8. to provide communications services to public or non-public agencies by agreement, and on terms and conditions acceptable to the Authority; 9. to sue and be sued in its own name, as provided in Section 6508 of the Government Code; 10. to apply for any grant or grants offered in conjunction with any Federal, State, or Local program that is in any way related to the purpose of this Agreement; Page 4 • 55 11. to adopt rules, regulations, policies, by-laws and procedures governing the operation of the Authority; 12. to enter into leases, agreements and similar transactions that require the Authority to indemnify the person with whom the Board is contracting, so long as the exposure to liability under such indemnification is approved by Legal Counsel for the Authority; 13. to exercise any other power or perform any function necessary to accomplish the purposes of this Agreement, in the manner and according to the methods provided by applicable laws, rules or regulations. Such powers shall be exercised in the manner provided in the Act, and, except as expressly set forth herein, the debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the Member Agencies, except as provided in Sections 6.C.3 and 6.C.4 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 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. C. Board. The Board, as governing body of the Authority, shall formulate and set policies including budget and purchasing policies, and other operating policies, and shall exercise the powers set forth in Section 4.B of this Agreement to accomplish its purpose. The Authority's program development, implementation, and operation shall be accomplished through the adoption of a budget by the Board, in the manner set forth in this Agreement. D. Chiefs. The Chiefs are the administrative arm of the Board and are authorized to act on behalf of the Board as necessary for the ordinary conduct of business, through the JPA Administrator. The Chiefs are responsible to the Board 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. PageS <$u> SECTION 5. 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 "North County Dispatch Joint Powers Authority" ("Authority"). The debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities or obligations of any of the Member Agencies, except as otherwise set forth in this Agreement. B. Conduct of Business. The Authority may utilize the services of a Member Agency in the general conduct of business, for which the Member Agency will be compensated as determined by a separate agreement between the Member and the Authority. Alternatively, the Authority may contract for administrative or general services following a bid process to be established by the Board of Directors. C. Board. The Authority shall be governed by a Board of Directors, which shall be called the "North County Dispatch JPA Board of Directors". Each Member Agency shall have one seat on the Board, and shall fill such seat by appointment from its governing body, in accordance with the Member Agency's policies and procedures. A Board Member shall serve at the pleasure of the appointing Member, except such appointee shall cease to be a Board Member if he/she ceases to be a member of the governing board 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 the Board of its respective appointment. The Secretary of the Board shall notify each Member Agency of the appointments of the other Member Agencies. D. NCDJPA Chiefs. Pursuant to Section 6508 of the Act, there is hereby created an administrative entity, immediately subordinate to the Board to be known as the "NCDJPA Chiefs" ("Chiefs"). Each Member Agency shall have one member to be filled by the respective Member Agency's Fire Chief, or his/her designee. A Chief shall serve at the pleasure of the Member Agency of which he/she is an employee, except he/she shall cease to be a Chief if he/she ceases to be an employee of the Member, or if such Member Agency ceases to be a party to this Agreement. Each of the Member Agencies shall notify the Secretary of the Board of the name of its respective Chief, as applicable. Page 6 51 E. Board Alternates. The Governing Body of each Member Agency shall appoint an alternate Board Member, who shall serve in the same capacity as the Board Member when the Board Member is unavailable. Each appointing Member Agency shall notify the Secretary of the Board of its appointment of an Alternate Board Member. F. Administration. The Authority may employ an administrator, to be known as the NCDJPA Administrator. The Administrator shall be authorized to act on behalf of the Board in all matters of personnel administration. With technical assistance from the Chiefs, the Administrator shall implement the budget established by the Board and the operations program. The Chiefs Board shall appoint one of its members to serve as the Supervisor to the Administrator, whose duties shall be set forth in more detail in the Board's Policies and Procedures. The Supervisor to the Administrator shall be appointed for a two-year term. G. Meetings of the Board and the Chiefs. 1. Regular Meetings of the Board. The Board shall provide for its regular meetings; however, it shall hold at least one regular meeting immediately prior to each May 1st, The date and hour 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 Members. The Board shall determine the place of the meeting. 2. Regular Meetings of the Chiefs. The Chiefs shall provide for its regular meeting; however, it shall hold at least one regular meeting each quarter. Further meetings may be called by the Chair of the Chiefs or by a majority of the Chiefs. No designee representing a Chief of a Member may call a meeting or sit as Chair at any regular or special meeting of the Chiefs. The date and hour and place at which regular meetings shall be held shall be determined by a majority vote of the Chiefs. 3. Ralph M. Brown Act. The Board and the Chiefs shall adopt rules for conducting their meetings and other business. All meetings of the Board and the Chiefs, 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). 4. Minutes. The Secretaries of the Board and the Chiefs shall cause minutes of regular, adjourned regular, and special meetings to be kept, and shall, as soon Page? as possible after each meeting, provide a copy of the minutes to each Board Member and each Chief, respectively, and to each of the Member Agencies. 5. Quorum and Voting Requirements. A majority of the Board members or Chiefs members (or the alternate for any absent Board member) shall constitute a quorum for the transaction of business. A lesser number of each body may adjourn for lack of a quorum. When a quorum of Board members or Chiefs members is present, a majority vote of those who are present is required to take action, unless a different vote requirement is provided by this Agreement for a particular action. H. Officers and Respective Duties. 1. Chair and Vice Chair of the Board. The Board shall elect a Chair and Vice Chair at its first meeting, and thereafter, at the first meeting held in each second succeeding calendar year, the Board shall elect or re-elect its Chair and Vice Chair. In the event the Chair or Vice Chair so elected ceases to be a Board member, 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 and conduct all meetings of the Board. 2. Secretary of the Board. The Administrator shall be the Secretary of the Board. The Secretary or designee will keep minutes and will prepare an agenda for each meeting of the Board. The Secretary or designee 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. 3. Attorney of the Authority. The Authority shall select an Attorney that does not serve as City Attorney or General Counsel for any Member Agency. The Attorney shall advise the Board, the NCDJPA Chiefs, and the Administrator in connection with any business relating to the Authority. 4. Treasurer/Controller of the Authority. The Treasurer of the County of San Diego shall serve as Treasurer of the Authority. The Authority shall designate one Member Agency to act as the Controller of the Authority for a fee to be determined by the Board and the Member Agency acting as Controller. The Treasurer is required to comply with the provisions of Government Code § 6505.5. The Treasurer and/or Controller shall work in conjunction with the Administrator to perform the following functions, pursuant to the provisions of the Board's Policies and Procedures. PageS (a) establish, with the Board's approval, the 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 budget document; (c) enforce strict compliance with the approved 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 sections 53600 et seq.; he/she will further ensure that sufficient liquidity is maintained to meet the Authority's cash disbursement needs; (e) ensure that all NCDJPA employees are properly compensated according to the rules of the Authority and the most current Memorandum of Understanding, if any, between the Authority and its employees; (f) ensure that all NCDJPA vendors are paid properly and in a timely manner; (g) furnish quarterly revenue, expenditure and funds status reports to the Board; (h) maintain an inventory of all property of the Authority; (i) with advice from the Board, obtain and maintain liability and casualty insurance for the Authority and for the property of the Authority, respectively; and (j) make all books and records of the Authority open to inspection at all reasonable times by representatives of the Member Agencies. 5. Chair and Vice Chair of the Chiefs. The Chiefs shall elect a Chair and Vice Chair at their first meeting, and thereafter, at the first meeting held in each succeeding calendar year, the Chiefs shall elect or re-elect its Chair and Vice Chair. The duties and responsibilities of the Chair and Vice Chair shall be set forth in more detail in the Board's Policies and Procedures. In the event the Chair or Vice Chair so elected ceases to be a Member, the resulting vacancy shall be filled at the meeting of the Chiefs held after such vacancy occurs. In the absence or inability of the Chair to act, the Page 9 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 Chiefs. No designee sitting in for a Chief shall preside over any meeting of the Chiefs. 6. Secretary of the Chiefs. The Administrator shall be the Secretary of the Chiefs. The Secretary or designee will keep minutes and will prepare an agenda for each meeting of the Chiefs. SECTION 6. Fiscal Year. Financing, and 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 budget based on the Fiscal Year. The Authority may not operate at a deficit. B. Budget Reserve. Each budget shall include a minimum Reserve as set forth in the Board's Policies and Procedures., Money may be expended from this Reserve only with the express approval of the Board. The Reserve shall lapse at the end of the budget period. 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 unexpended/unobligated monies available at the end of the fiscal year prior to the period for which the budget is applicable. C. Budget. (1) Funding from Member Agencies,, Each Member Agency shall pay a portion of the costs incurred by the Authority in providing the services described in this Agreement. The Board, in adopting a budget, shall determine each Member Agency's contribution for the budget cycle. The contribution of each Member Agency shall be determined based on the number of Recorded Incidents attributable to each Member Agency, divided by the Recorded Incidents attributable to all Member Agencies, during the calendar year preceding the Fiscal Year for which the Member's fair share percentage is being calculated. Once determined for any budget cycle Year, the Member Agency's contribution shall remain unchanged until the next budget cycle. The use of an alternative method for determining a Member Agency's contribution requires a two-thirds vote of the Board. Page 10 (2) Operation and Maintenance Expenses. The allocation of expenses among the Member Agencies for operating and maintaining the Communications Center and Communications Equipment shall be accomplished according to the provisions of the Board's Policies and Procedures. (3) Debt Financing. On behalf of the Authority, the Board may approve purchase of items or improvements using debt financing, in accordance with applicable law. 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 Contribution Upon adoption of the budget by the Board, 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 according to the payment schedule set forth in the Board's Policies and Procedures. 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 (75) calendar days following any scheduled due date, the Member Agency shall be in default and subject to termination as provided under Section 7 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 13(E) of this Agreement. D. Budget Administration. The Administrator has the authority to fully implement the approved budget, in accordance with the Board's Policies and Procedures. The Administrator cannot exceed the personnel staffing authorized in the budget, either in number, position classification, or salary or alter the capital budget, utilize the Reserve for contingency, or increase the total amount of the approved expenditure budget without Board approval. Page 11 The Supervisor to the Administrator shall have the authority to negotiate the Administrator's annual salary, not to exceed the maximum amount allocated in the approved budget, in accordance with the Board's Policies and Procedures. E. Expenditures. All expenditures shall be within the limitations of the approved budget as approved or amended by the Board. Amendments to the approved budget shall require a majority vote of the total membership of the Board. F. Emergency Repairs. In the event the Communications Center or Communications Equipment suffers damage or malfunction that interferes with emergency communications services and requires emergency repairs, the Administrator is authorized without prior Board approval to expend the funds necessary to complete emergency repairs so that services are resumed as soon as possible. Prior Board approval shall be obtained whenever practical. SECTION 7. Non-payment or Other Default of a Member Agency The Board shall have the authority to terminate a Member Agency that materially breaches its duties pursuant to this Agreement. The term "material breach" shall include, without limitation, a failure to make any contribution or pay any assessment when due, and the failure to indemnify or defend other Member Agencies as required by Section 17. The Board shall give the Member notice of the breach and the right to cure the breach, in accordance with the Board's Policies and Procedures. In the event that the Member Agency fails to cure the breach within the time period stated in the notice, the Board shall have the authority to immediately terminate the Member. Termination of the membership of the Member Agency shall not relieve the terminated Member of its share of any debts or other liabilities incurred by the Authority prior to the effective date of the termination. However, termination shall result in forfeiture of all rights and claims of the terminated Member to any repayment of contributions or advances or other distribution of funds or property after termination, including distributions made as a result of the termination of the Authority. SECTION 8. Personnel A. The Authority may employ an Administrator 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 Administrator, with oversight of the Chiefs, is authorized to act on behalf of the Board in all matters of personnel administration, given the positions and funding authorized by the Board in the Authority's budget. This includes, but is not limited to, hiring, supervisory direction, performance evaluations, disciplinary matters, and termination. The Board shall approve any Page 12 recognition of employee bargaining groups or the entry into any Memorandum of Understanding with a recognized bargaining group. SECTION 9. Records of the Authority The Authority shall maintain, during the term of this Agreement, all books, records, accounts and files relating to the Authority, its services, revenues and expenses, all of which shall be open to inspection at all reasonable times by the Member Agencies and their designated representatives. Management of Authority records and release of Authority records to the public shall be governed by the Board's Policies and Procedures. SECTION 10. Communications Center Equipment A. The Authority, through its Board, shall purchase, maintain and repair all Communications Center Equipment, including, without limitation, telephones, radios, computers, hardware, software, electrical systems and all related mechanical devices or facilities. Purchasing, management and title to equipment of the Authority shall be governed by the Board's Policies and Procedures. SECTION 11. Dispatch Service to Contract Agencies The Authority may provide dispatch service to agencies not a party to this Agreement, but only upon the majority vote of the Board. Such service shall be by contract, executed by the Chair of the Board on behalf of the Board. The Board shall establish the amount of charge for the service to a Contract Agency, which may be a set fee or a per-call charge, or both, to be billed and paid quarterly. SECTION 12. Withdrawal A Member Agency may withdraw as a party to this Agreement, effective at the end of any fiscal year (June 30) by giving written notice of its intention to withdraw to the Secretary of the Board no later than December 31 of the fiscal year preceding the fiscal year in which the withdrawal will be effective (a minimum of eighteen months notice). The written notice shall be accompanied by a resolution or minute order of the legislative body of the member Agency ("Notice of Withdrawal"). If a Member Agency does not submit its written notice of withdrawal to the Board Secretary by December 31 of the fiscal year prior to the fiscal year in which the Member Agency wishes to withdraw, the effective date of the withdrawal will be on June 30, eighteen months from the end of the calendar year in which the notice of withdrawal was submitted [by way of example only if a Page 13 Notice of Withdrawal is delivered to the Secretary of the Board on February 1, 2010 then the effective date of the withdrawal shall be June 30, 2012]. The Board, in its sole and absolute discretion, may by majority vote of the total membership of the Board make an exception allowing a member agency who does not meet the December 31 deadline an earlier withdrawal date. Such withdrawing party shall perform all obligations under this Agreement until the effective date of withdrawal. Modification to the timing requirements for withdrawal set forth above shall require a majority vote of the total membership of the Board. Notification of the intent to withdraw by a Member Agency shall not relieve the withdrawing Member Agency from the requirement to pay its contribution for debts and liabilities incurred by the Authority prior to the effective date of the withdrawal. Withdrawal of a Member Agency shall result in the forfeiture of all rights and claims of the withdrawing Member to any repayment of contributions or advances or other distribution of funds or property after withdrawal, including distribution made in the event of the termination of the Authority. SECTION 13. Dissolution and Disposition of Assets A. This Agreement shall terminate and the Authority is thereby dissolved if the number of Member Agencies to this Agreement becomes less than two, or if the Member Agencies unanimously agree to terminate the Agreement. In either instance, dissolution shall be effective only when all debts, liabilities, obligations and any other evidence of indebtedness is retired, but shall in no event be effective until the requirements of this section are satisfied. B. This Agreement may not be terminated and disposition of assets made to Member Agencies to the Agreement until the Authority reasonably exhausts all means of collecting any monies due the Authority. The Board must formally accept a final accounting prepared by the Controller before any final disposition of net assets may be made, and termination of the Agreement consummated. C. If the cause for termination was reduction of the number of Member Agencies to the Agreement to less than two, all net assets of the Authority shall become the property of the sole remaining Member to the Agreement. D. If the cause for termination is mutual agreement, the total dollar amount of the net assets shall be apportioned among such Member Agencies according to the relative assessments paid by those Member Agencies during the last year of the Agreement. Page 14 E. If the Authority issues debt, each Member Agency at the time of the issuance is responsible for its share of the annual debt service payment, regardless of whether it has withdrawn as a Member Agency. F. In the event of termination of the Authority, where there will be a successor public entity that will carry on the functions of the Authority and assume its assets and liabilities, the assets of the Authority shall be transferred to the successor public entity. G. Upon termination of this Agreement, where there will be no successor public entity, the assets of the Authority shall be disposed of as follows. All capital equipment purchased directly by any Member Agency shall be returned to the Member Agency or Agencies holding title to the equipment. All remaining capital equipment in the possession of the Authority may be purchased by any interested Member Agency, who has submitted a sealed bid for the equipment, and is the highest bidder. Capital equipment not purchased by the Member Agencies shall be offered for sale to the public at appraised value, or sold by public auction. The proceeds of all sales shall be paid to each Member Agency according to the pro rata share of each Member's contribution to the Authority budget, as determined for the most recent fiscal year. H. In the event of termination of the Authority, any remaining funds, property or other assets of the Authority, following discharge of all debts, liabilities and obligations of the Authority, shall be distributed to the Members according to the pro rata share of each Member's contribution to the Authority budget, as determined for the most recent Fiscal Year. I. In no event shall assets be transferred to Member Agencies until all debts are retired. SECTION 14. Amendment to Agreement The Agreement may be amended by majority vote of the Board only after approval of two-thirds vote of the Member Agencies. Any proposed amendment shall be formally directed to the Board. The Board shall in turn request a recommendation from the Chiefs, if applicable. The Board shall then review the proposed amendment and accompanying recommendation from the Chiefs, and forward the proposed amendment with its own recommendation to the governing body of each Member Agency 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 Board if the party concurs with the amendment. The Secretary shall notify eafch party of the resultant action. Page 15 SECTION 15. 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 Board, and subject to the following terms and conditions. All board decisions related to adding new parties to the Agreement, including the setting of associated fees, shall be by a majority of the total membership of the Board. A. A new Member Agency may be permitted to join the Authority upon the approval of a majority of the total membership of the Board, upon such terms and subject to such conditions as the Board may approve, and upon the new Member Agency approving and executing the agreement. Admission of a new member shall not require amendment of this Agreement. The Board and the new Member Agency may enter into a separate agreement with respect to the terms and conditions for membership. B. The Board shall set the annual fee for the additional party and the number of years that this fee will apply. C. The additional party shall pay a buy-in fee to be paid annually, as determined by majority vote of the total membership of the Board 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 Board believes are germane to the determination. D. The effective date of the inclusion as an additional party shall occur on a date mutually agreed upon by the Board and the new Member Agency. Such public agencies that become parties hereto shall otherwise be entitled to all the rights and obligations of, and shall become Member Agencies as defined in this Agreement. Page 16 SECTION 16. Severabilitv 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 17. Liability and Indemnification A. Except as otherwise provided herein, the debts, liabilities, and obligations of the Authority shall be the debts, liabilities and obligations of the Authority alone, and not of the Member Agencies. B. From and after the effective date of this Agreement, the Authority shall fully indemnify, defend, protect, and hold harmless each Member Agency and their respective officers, employees, agents and representatives (collectively, "Indemnified Parties") with respect to any loss, damage, injury, claim, demand, action, litigation, or liability and all expenses and costs relating thereto, arising out of or in any way related to (1) the performance of this Agreement; (2) any contract or agreement assumed by or otherwise transferred to the Authority; (3) any asset transferred to and accepted by the Authority, including but not limited to real property, personal property, equipment and apparatus. It is also understood and agreed that, pursuant to Government Code section 895.4, the Authority shall fully indemnify, defend, protect and hold harmless the Indemnified Parties from any liability imposed for injury occurring by reason of any acts or omissions on the part of the Authority. C. Each Member Agency agrees that it shall fully indemnify, defend, protect and hold harmless the Authority and the other Member Agencies, and their respective officers, employees, agents and representatives from any and all claims or damages, actual or alleged, arising out of that individual Member Agency's negligence or wrongful acts or omissions. Any loss or liability resulting from the negligent acts, errors, or omissions of the Board, Chiefs, Administrator, 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 17 shall survive the termination or expiration of this Agreement. SECTION 18. Successors This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Page 17 SECTION 19. Dispute Resolution This Section shall govern all disputes arising out of this Agreement. A. Mediation 1. Upon delivery of a written request for mediation by a Member Agency to the Secretary of the Authority, any dispute concerning this Agreement may be submitted to a mutually acceptable mediator. The decision of the mediator shall not be final or binding unless otherwise agreed to in writing by the parties. Mediation shall be required before either party may proceed to litigation. Costs for mediation shall be shared equally between the Member Agency requesting mediation and the Authority. 2. All mediation proceedings, results and documentation, shall be non-binding and inadmissible for any purpose in any legal proceeding (pursuant to California Evidence Code Sections 1115 through 1128), unless such admission is otherwise agreed upon in writing by the Member Agency seeking mediation and the Authority. B. Performance Required During Dispute Nothing in this Section shall relieve the Authority or any Member Agency from its obligation to perform all obligations under this Agreement. The Authority and the Member Agencies shall be required to comply with this Agreement, including the performance of all disputed activity and disputed payments, pending the resolution of any dispute under this Agreement. SECTION 20. Notice to State A notice of the execution of this Second Amended and Restated Agreement shall be filed by the Authority with the Secretary of State within 30 days of the effective date of the Agreement, pursuant to Section 6503.5 of the Act. IN WITNESS WHEREOF, 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. The Member Agencies agree that this Agreement may be executed in parts where the sum of the parts equals a whole and that a photocopy or facsimile signature shall be deemed an original. Page 18 CITY OF ENCINITAS By: CITY OF SOLANA BEACH By: CITY OF SAN MARCOS By: CITY OF VISTA By: RANCHO SANTA FE FIRE PROTECTION DISTRICT By: APPROVED^TO FORM MM-b *- I5V-L- Cfh ^7iev«w CLAUDE A. LEWIS, Mayor CITY OF OCEANSIDE By: NORTH COUNTY FIRE PROTECTION DISTRICT By: Page 19