HomeMy WebLinkAboutCity of Fountain Valley - 2011-09-19Council/Agency Meeting Held:
Deferred/Continued to:
tAAp oved =on Ily p ov d ❑ De ied
Ci Cle 's Si ature
--rCouncil Meeting Date: September 19, 2011
Departure t ID Number: FD11 005
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Patrick McIntosh, Fire Chief
SUBJECT: Approve and authorize execution of a revised Central Net Operations
Authority Joint Powers Agreement
Statement of Issue: The Fire Department is requesting that the City Council approve the
attached revised Central Net Operations Authority Joint Powers Authority Agreement.
Financial Impact: None.
Recommended Action: Motion to:
Approve and authorize the Mayor and City Clerk to execute the revised "Central Net
Operations/Joint Powers Agreement."
Alternative Action(s): Do not approve the agreement.
Item 4. - 1 HB -60-
REQUEST FOR COUNCIL ACTION
MEETING DATE: 9/19/2011 DEPARTMENT ID NUMBER: FD11 005
Analysis: For approximately 40 years, the Huntington Beach Fire Department has
participated with surrounding cities as a member of a Joint Power Authority arrangement for
training. Currently referred to as the Central Net Operations Authority (CNOA), this
organization has provided a cost savings for the city, while allowing fire department
personnel to obtain essential and mandated training in fire, rescue, emergency medical
services and other related topics.
The basis for the Joint Powers Authority arrangement is found in the Joint Exercise of
Powers Act (Section 6500 et. seq. of the Government Code) and the Municipal Services and
Functions Act (Section 54980 et. seq. of the Government Code). These codes allow for the
performance of the duties and functions that form the basis of the Agreement.
The CNOA Joint Powers Agreement was last updated on July 1, 1992. At that time, the
agreement included four member agencies: Fountain Valley, Huntington Beach, Newport
Beach, and Westminster. Since then Newport Beach and Westminster have withdrawn as
members, the latter becoming part of the Orange County Fire Authority.
Previously the agreement included joint fire dispatch services, which were eliminated in July
1996. These services are now obtained through the seven -member Metro Cities Joint
Powers Authority in Anaheim.
In addition to changes in member agencies and the elimination of dispatch services, the
revised agreement also includes:
® A comprehensive history of the city's participation as a member of the Central Net
Operations Authority
® An updated termination date and provision for agreement extension
® A more clearly defined procedure for the disposition of property and financial assets
The agreement has been reviewed and updated by Fire Department staff working with the
City Attorney's Office. At this time it is proposed that the attached joint powers agreement
(Attachment 1) be approved. A legislative draft is shown as Attachment 2.
Environmental Status: None.
Strategic Plan Goal: Maintain and Enhance Public Safety
Attachment(s):
HB -61- Item 4. - 2
ATTAC'n'MENT #1
Item 4. - 3 HB -62-
CENTRAL NET OPERATIONS/,IOIN'T POWERS AGREEMENT
This Agreement, dated the day of N,�6tA 20 for the purpose of
identification, is made by and effective when fully executed by authorized representatives of all
of the following public entities:
A. City of Fountain Valley ("Fountain Valley")
B. City of Huntington Beach ("Huntington Beach")
RECITALS
A. Effective September 1972, to raise efficiency through effective utilization of manpower
and facilities, the cities of Fountain Valley, Huntington Beach, Seal Beach, and Westminster
entered into an agreement for construction and operation of a multi -purpose central fire training
and communications facility located in the City of Huntington Beach.
B. Effective June 1981 the cities of Fountain Valley, Huntington Beach, Seal Beach and
Westminster, along with the County of Orange, entered into a Joint Powers Agreement for
consolidated fire emergency communications, training, and reporting services.
C. Effective July 1984 the County of Orange entered into a license agreement for use of the
Joint Powers training center for fire training, promotional testing, public relations fire programs,
research and development and academy training.
D. Effective May 1987, due to contracting for its fire protection services with the County of
Orange, the City of Seal Beach terminated its participation in the Joint Powers Agreement while,
at the same time, the City of Newport Beach entered into an agreement to become a participating
member.
E. Effective June 1992, a joint powers authority, known as Central Net Operations
Authority, was created by the cities of Fountain Valley, Huntington Beach, Newport Beach and
Westminster to provide for the operation, upgrade, maintenance and repair of the training
facility, communications center and communications equipment.
F. Effective April 1995, due to financial considerations, the County of Orange terminated its
license agreement for use of the Joint Powers training center.
G. Effective July 1996, due to contracting for its fire protection services with the County of
Orange, the City of Westminster terminated its participation in the Joint Powers. Authority.
H. Effective July 1996, fire emergency communications services provided by Central Net
Operations Authority were discontinued, while training services continued to be provided.
I. Effective October 2003, due to financial and other considerations, the City of Newport
Beach terminated its participation in the Joint Powers Authority.
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J. At this time, the Parties to this Agreement each provide fire protection, fire prevention,
rescue, emergency medical and related administrative services within their respective
boundaries.
K. The Parties have determined that joint use of a training facility reduces the administrative
costs that would otherwise be incurred in providing fire suppression, emergency medical
assistance and related services.
L. Costs associated with maintaining and operating the multi -purpose Training Facility in
the City of Huntington Beach should be funded by the Parties through a formal Joint Powers
Agreement with costs apportioned to reflect the extent to which the Parties benefit from the
Training Facility and associated personnel_
M. The Parties each have 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) or
the Municipal Services and Functions Act (Section 54980 et. seq. of the Government Code) for
the performance of the duties and functions that form the basis of this Agreement.
THE PARTIES AGREE AS FOLLOWS:
CHAPTER 1
DE>F'INITIONS
For the purpose of this Agreement, the following words or terms specified in this Chapter shall
have the following meanings:
A. "Property" shall mean the 4.57 acre parcel of land commonly known as 18301 Gothard
Street in the City of Huntington Beach, described as Assessor's Parcel Number 111-071-38,
included in Exhibit "A" and shown in Exhibit `B."
B. "Training Facility" shall mean the multi -purpose training facility on the Property as more
specifically described in Exhibit "C." The Training Facility includes, without limitation; the
following:
1. A five story training tower and fire building;
2. Transportation, gas and petroleum firefighting props;
3. A fire control tower;
4. A 2,000 gallon per minute pumper test pit and master stream collection pit and
shield;
5. Administration building, training offices and classrooms;
6. Hydrant and water reclamation system;
7. All underground utilities as described in Exhibit `B".
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C. "Charter Agencies" shall mean the cities of Fountain Valley and Huntington Beach, the
public entities that participated in the funding of the Training Facility. Except for capital facility
investments, "Charter Agencies" are equivalent to "Members" for all other Authority powers.
D. "Member" shall mean any other public entity that becomes a Party to this Agreement
pursuant to the provisions of Section 10.1.
E. "Fire Safety Personnel" shall mean all personnel of an agency trained and designated to
respond to fire, medical, or related emergencies and does not include civilian positions.
F. "Central Net Staff' shall mean all personnel contracted through the City of Huntington
Beach for the operation and maintenance of the Training Center.
CHAPTER II
SPECIAL, CONSIDERATIONS
The provisions of this section establish the rationale for the provisions relating to funding,
administration and decision making.
2.1 Founding Agencies
In 1972, Huntington Beach, Westminster, Fountain Valley and Seal Beach (on a limited
basis) collectively funded the construction of the Training Facility. Seal Beach and Westminster
presently contract with the Orange County Fire Authority for fire protection services and have
withdrawn from participation in the funding or administration of the Training Facility.
2.2 Facility Charges
Charges for the use of the Training Facility by non -Members shall be based upon, and
used to defray, the fixed and special expenses as well as staffing and overhead costs incurred by
the Authority in improving and maintaining the Training Facility. However, certain non -Parties,
specifically Rancho Santiago College, have constructed improvements on the Property or
provide special services or material to the Authority and, in such cases, the Board is empowered
to authorize use of the Training Facility -at rates below those charged to other public entities.
CHAPTER III
PURPOSE AND POWERS
3.1 Authority Created
This Agreement creates a joint powers authority known as the Central Net Operations
Authority. The Authority is formed pursuant to the provisions of Article 1, Chapter 5, Division 7
of Title I of the Government Code of the State of California (The Joint Exercise of Powers Act).
The Authority shall be considered a public entity separate and apart from the participating
agencies.
3.2 Common Powers
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Each Party has the common power to provide fire protection, fire suppression, fire
prevention, emergency medical and related services.
3.3 General Purpose
A. The primary purpose of this Agreement is to provide for the operation, upgrade,
maintenance and repair of the Training Facility. This Agreement is intended to provide a
formal mechanism by which the Authority can fund these activities, require non -
Members using the Training Facility to pay for use of the facility and, accordingly,
provide the highest possible level of fire suppression training, fire prevention training and
emergency medical training.
B. This Agreement also is intended to foster cooperation among the Parties in the
form of a separate written automatic aid agreement and serves as a vehicle for scheduling
and funding of training seminars.
3.4 Powers
The Authority shall have the power, in its own name, to do any of the following:
A. To jointly exercise the common powers of the Members;
B. To make and enter into contracts;
C. To retain the services of fire suppression specialists and such other persons with
specialized knowledge or ability that would assist the Members in achieving the purposes
of this Agreement;
D. To acquire, hold or dispose of property by any lawful means, including, without
limitation, gift, and purchase for sale;
E. To incur debts, liabilities or obligations subject to the limitations specified in this
Agreement;
F. To receive gifts, contributions, grants, and donations of property, funds, services
and other forms of assistance from any person, firm, entity, corporation or public agency.
G. To sue and be sued in its own name;
H. 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;
I. To adopt rules, regulations, policies, by-laws and procedures governing the
operation of the Authority;
J. To exercise any other power in the manner and according to the methods provided
by applicable laws, rules or regulations, subject only to the restrictions on the manner of
exercising such powers that may be applicable to the City of Huntington Beach.
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CHAPTER IV
ORGANIZATION
4.1 The Members of this Authority shall be the public entities which executed this
Agreement or a subsequent amendment and have not withdrawn from the Authority as provided
in Section 10.2.
4.2 Board
A. The Board shall consist of the existing City Manager of each Parry and as
alternate, the Fire Chief or his/her designee.
B. Each Board Member shall hold office from the first meeting of the Board after
appointment until a successor is named.
C. A Board Member or alternate shall not receive compensation, but may be
reimbursed by the Authority for expenses reasonably incurred while performing duties
required by this Agreement, and as further specified and limited by resolution of the
Board.
4.3 Principal Office
The principal office of the Authority shall be 18301 Gothard Street in the City of
Huntington Beach, County of Orange. The Board has the full power and authority to change the
principal office from one location to another within the County of Orange.
4.4 Meetings
The Board shall meet at the principal office of the Authority, or at such other place as
may be designated by the Board. The time and place of regular meetings of the Board shall be
determined by resolution. Regular, adjourned and special meetings of the Board shall be called,
noticed and conducted in accordance with the Ralph M. Brown Act or other relevant open
meeting law.
4.5 Quorum
A majority of the Board Members (or the alternate for any absent voting Member) shall
constitute a quorum for the purposes of transacting business relating to the Authority.
4.6 Powers and Limitations
All of the powers of the Authority are reserved to it except to the extent of powers
conferred on the Board pursuant to this Agreement. Each Board Member, or alternate in the
absence of any voting Member, shall be entitled to one vote and, except as expressly provided in
this Agreement, the affirmative vote of the majority of those present and qualified shall effect
adoption of any motion, resolution, order or action the Board deems appropriate.
4.7 Minutes
The secretary of the Authority shall provide notice of, prepare and post agendas for, and
keep minutes of, each regular, adjourned and special meeting of the Board. The secretary shall
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send a copy of the minutes to each Board Member and otherwise perform the duties necessary to
ensure compliance with provisions of law including, without limitation, any applicable "open
meeting law" such as the Ralph M. Brown Act.
4.8 Rules
The Board may adopt rules and regulations for the conduct of its affairs that are not in
conflict with this Agreement.
4.9 Officers
The Board shall select a chairperson and vice chairperson from its Members and shall
appoint a secretary who may, but need not, be a Member of the Board. The treasurer and auditor
of the City of Huntington Beach shall hold the offices of treasurer and auditor of the Authority
authorized by section 6506.6 of the Government Code. The treasurer shall keep all revenues of
the Authority in a separate interest bearing account and otherwise perform the duties and
responsibilities of that office as specified in Section 6505.5 (A) (d) of the Government Code.
The chairperson, vice chairperson and secretary shall hold office for a period of one year.
4.10 Bond
The treasurer, auditor and such other persons who may have access to, or handle, any
revenue of the Authority shall be required to file an official bond in an amount determined by the
Board and consistent with the provisions of Section 6506.1 of the Government Code. This
bonding requirement shall be satisfied if an existing bond is extended to cover the duties required
by this Agreement. The costs of complying with the requirements of this Section shall be
considered an administrative expense of the Authority.
4.11 Status of Officers and Employees
All of the privileges and immunities from liability, exception from laws, ordinances and
rules and all pension, relief, disability, workers compensation and other benefits which apply to
the activities of officers, agents, or employees of any of the Members when performing their
respective duties or functions for that agency, shall apply to each of them to the same degree and
extent while engaged in the performance of any activity, function or duty pursuant to this
Agreement.
CHAPTER V
BASIC SERVICES
5.1 Training Facility
A. The Authority shall provide access to the Training Facility for use by Members as
provided in this Agreement. The Board shall develop standard procedures for the
processing of requests for access to the Training Facility, for resolving conflicts when
there are two (2) or more requests for use of the Training Facility at the same time, and
other administrative matters of a similar nature.
B. The Authority is empowered to develop and issue policy and procedure directives
for the maintenance and operation of the Training Facility.
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C. The Authority shall provide personnel necessary to operate and maintain the
Training Facility as well as developing, scheduling and coordinating training programs.
The Board shall determine the specific number and qualifications of personnel necessary
to adequately perform these services. The Authority shall enter into an Agreement with
the City of Huntington Beach for the provision of these services by employees of the City
of Huntington Beach. Training Facility positions authorized and fully funded prior to the
effective date of this Agreement are listed in Exhibit "D".
D. The Authority shall provide equipment and material necessary to allow Members
full and beneficial use of the Training Facility. The Board shall have the power to
purchase appropriate supplies and equipment including audio visual equipment, recorded
material, and books.
E. The Board shall establish formal procedures and appropriate fees for the use of
the Training Facility by non -Members who have contracted with the Authority for access.
The formal procedures shall include provisions which grant Members priority over non -
Members in the event of two or more requests for use of the facility at the same time and
for the recovery of costs and expenses, including overhead, associated with the use of the
facilities by non -Members.
5.2 Training and Education
The Authority shall have no obligation to provide training or education to the Members
or their employees and no provision for such services shall be made in the budget. The
Authority shall provide training for Central Net Staff as it deems appropriate for the operation of
the facility and support programs. However, the Board shall have the authority to take action
which would facilitate training sessions, education seminars, for, or on behalf of, Members
requesting such action. This may include training of Members for the proper operation and use
of on -site props and training aids. No Member shall be required to contribute funds to any
training session, educational seminar or similar activity authorized by the Board in which that
Member does not participate. The Board is authorized to retain consultants to study and report
on methods of improving the quality of services provided by the Authority, additional services
the Authority may want to provide, and methods by which the costs of services could be reduced.
The unanimous approval of the Board is required prior to the commencement of any such study
or report. Costs of the study or report shall be included within the Authority's operating budget
or be paid by way of a special assessment levied against each Member in accordance with their
then current contribution rate.
CHAPTER VI
FUNDING AND ADMINISTRATION
6.1 Funding
Each member shall pay a portion of the costs incurred by the Authority in providing the
services described in Section 5.1. Each Member's share of the costs shall be determined in
accordance with the provisions of this Section.
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A. The contribution of each member shall be based upon the number of authorized
safety personnel. Each Member's use of the Training Facility will, in large part, reflect
the number of employees that need training. This criteria shall be weighted in
accordance with the percentage of the preceding year's budget attributable to training.
The percentage of each member's contributions shall be determined in accordance with
the following formula:
AUTHORIZED SAFETY
PERSONNEL OF MEMBER X
TOTAL AUTHORIZED
SAFETY PERSONNEL
OF ALL MEMBERS
6.2 Administrative Services
TRAINING FACILITY BUDGET
MINUS ANNUAL REVENUES
The City of Huntington Beach shall be responsible for administrative services.
Administrative services include general accounting of funds received and disbursed, preparation
of invoices to Members, preparation of documents relative to any grant program, and such other
functions as may be required by this Agreement or the provisions of any law including, without
limitation, the Joint Exercise of Powers Act.
The City of Huntington Beach shall select the individual or individuals responsible for
providing administrative services subject to Board approval. The City of Huntington Beach shall
be reimbursed for administrative costs at a rate and/or amount approved by the Board in the
annual budget.
6.3 Emergency Repairs
If any damage should occur which interferes with training or other critical services, the
Huntington Beach Fire Chief or his/her representative is authorized without prior Board approval
to have the necessary repairs made so that services are resumed.
6.4 Capital Improvements — Funding
In the event unanticipated damage to the Training Facility over and above repairs called
for in the then current budget and the cost of which exceeds available reserves, the Board shall
promptly solicit bids for the repair of damage from at least three (3) responsible firms, award the
contract to the lowest responsible bidder and direct the accepted responsible bidder to make the
repairs as soon as possible. The cost of the repairs or improvements shall be reimbursed by each
Member in accordance with its share of the Training Facility budget.
CHAPTER VII
BUDGETARY PROVISIONS
7.1 Annual Budget
The Board shall adopt an annual budget pursuant to this Agreement and procedures
adopted by the Board. The Board shall conduct at least one (1) public hearing regarding the
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budget prior to adoption. The hearing shall be noticed and conducted in the manner provided by
law.
7.2 Special Budgetary Considerations
The budget adopted by the Board shall consist of a Training Facility component and a
capital improvements component. Except as provided in Section 6.3, the contributions of
Members shall be used to defray costs and expenses associated with the Training Facility
component and the capital improvements component. Contributions from non -Members
pursuant to contracts ratified by the Board, grant funds and other incidental revenue received by
the Authority shall be used as additional funding. Funds allocated to the Training Facility
component of the budget shall be sufficient to provide and pay for the services, personnel and
facilities described in Section 5.1. Special assessment for operating expenses and capital
improvement projects can be levied from time to time provided approval of the respective city
councils is obtained.
7.3 Disbursements
The treasurer shall draw checks or warrants upon the approval and written order of the
Board. The Board shall requisition the payment of funds only upon approval of such claims or
disbursements in accordance with the rules and regulations adopted by the Board.
7.4 Accounts
All funds shall be placed in accounts and the receipt, transfer of disbursement of funds
during the term of this Agreement shall be accounted for, in accordance with generally accepted
accounting principles applicable to government entities. There shall be strict accountability for
all funds. All revenues and expenditures shall be annually reported to the Board.
7.5 Expenditures Within Approved Annual Budget
All expenditures shall be within the designations and limitations of the approved annual
budget, provided, however, expenditures may be made for capital improvements not specifically
identified in the budget, so long as the expenditures are made from revenue other than
contributions for Members and, provided further, expenditures may be made for capital
improvements upon the unanimous consent of all Members or by special assessments approved
by the Board and the city council of each Member.
CIFIAPTER VIII
USE OF TRAINING FACILITIES
8.1 Existing Arrangements
The Training Facility is used from time to time by non -Members pursuant to
understandings which have not been reduced to writing. The Board shall determine the extent to
which the Training Facility is used by non -Members, the rationale from such use, and the
consideration received by the Authority for such use. In the event the Board determines that the
non -Member should continue to use the Training Facility, a written contract memorializing the
Agreement shall be negotiated and executed as soon as possible.
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8.2 New Contracts
The Board shall have the authority to negotiate and approve Agreements for the use of
the facility by non -Members at times when the facility is not used by then current Members and
non -Members acting pursuant to contract.
CHAPTERIX
I.,IABILITY/INSURANCE
9.1 Liabilities
The debts, liabilities and obligations of the Authority shall not be considered the debts,
liabilities or obligations of any Member, except as otherwise provided in this Chapter.
9.2 Indemnification/Hold Harmless
A. The Authority shall defend, indemnify and hold harmless each Member with
respect to any loss, injury, damage, claim, lawsuit, liability, cost, fee or expense alleged
to have been proximately caused by the performance of services described in Subsection
5.1 of this Agreement. The Authority shall fulfill its obligation pursuant to this
Subsection by establishing a liability reserve fund in the annual budget, by purchasing
insurance or by requiring contributions from each Member pursuant to this Subsection.
In the event the Board does not purchase insurance or establish a liability reserve in the
budget, or in the event judgment and/or litigation costs exceed the amount of the liability
reserve, each Member shall contribute their pro rata share of the unfunded liability
(including litigation costs and attorney's fees) in accordance with the following:
1. In the event the unfunded liability arises out of the provision of
Training Facility services, the contribution of each Member shall be in an amount equal
to the total unfunded liability multiplied by that agency's percentage of the Training
Facility's budget as specified in Section 6.1, Part A.
B. Each Member shall assign to the Authority all of its right, title and interest to
recover any medical expense, salary, or fringe benefits paid to, or on behalf of, any
officer or employee who is injured as a result of the performance of services described in
Subsection 5.1 of this Agreement, or who is alleged to have been injured as a result of the
use of the Training Facility.
9.3 Waiver
Each Member waives and gives up any claim against, or right to sue, the Authority for
any loss, damage or injury that arises out of, or is any way related, to the performance of services
for any emergency response, pursuant to this Agreement. This waiver extends to liability for
bodily injury or property damage that may be sustained by any Member or its officers,
employees, contractors, or agents, and which was proximately caused, in whole or in part, by the
negligent act, conduct or omission of the Authority, or its respective officers, employees, agents,
contractors and representatives. However, this waiver does not extend to bodily injury or
property damage caused by an unlawful, fraudulent or willful act or omission.
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CHAPTER X
ADMISSION AND WITHDRAWAL OF MEMBERS
10.1 New Members
Public entities may become Members in the Authority upon such terms and conditions as
may be specified by the Board. New Members shall pay a surcharge to be determined by the
Board at the time of application.
10.2 Withdrawal
A Member may withdraw from the Authority and terminate its rights and obligations
pursuant to this Agreement by giving written notice of its intention to terminate to the secretary
of the Board no later than December 31St prior to termination of the fiscal year in which the
provider agency intends to withdraw. The written notice shall be accompanied by a resolution or
minute order of the legislative body of the withdrawing agency specifying its intent to withdraw
from the Authority. Withdrawal shall be effective upon the expiration of the then current fiscal
year. An Agency withdrawing from the authority under this section relinquishes all property
rights to facilities and equipment except as otherwise specified.
10.3 Breach
The Board consisting of 100% of non -breaching members shall have the authority to
terminate the membership of any Member in the event the Member materially breaches its duties
pursuant to this Agreement. For the purposes of this Section, the term "material breach" shall
include, without limitation, a failure to fund the budget in accordance with Section VI, the failure
to make any contribution or pay any assessment when due, and the failure to defend or
indemnify other Members as required in Chapter IX.
CHAPTER XI
TERMINATION AND DISPOSITION OF ASSETS
11.1 Termination
The Parties agree that this Agreement will continue until one Member gives the Authority
written notice of its intention to withdraw, as specified in Section 10.2, or if the Members
mutually agree to terminate this Agreement. Otherwise, this Joint Powers Agreement will
terminate on August 22, 2021, unless extended by mutual agreement of the Parties.
11.2 Distribution of Property
A. All capital equipment purchased after the effective date of this agreement, shall be
assigned an "operating life" by the Board. The Board shall also designate equipment
which is critical or noncritical to the operation of the facilities. Upon termination of this
agreement, all capital equipment either functioning within its operating life or beyond,
shall be appraised by an independent appraiser and equipment designated as critical may
be purchased first by the City of Huntington Beach or then by any Member agency.
Noncritical capital equipment may be purchased by any Member agency based on
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procedures adopted by the Board. Capital equipment not purchased by Member agencies,
shall be sold to the public at appraised value or at public auction.
B. In the event the City of Huntington Beach votes to terminate this Joint Powers
Agreement prior to August 22, 2021, and the Joint Powers Agreement is terminated in
whole or in part because of that vote, the City of Huntington Beach shall reimburse the
City of Fountain Valley in a sum equal to 1150`h of the construction and equipment costs
paid by Fountain Valley for each year, or portion thereof, between the date of termination
and August 22, 2021. Upon payment of these sums, the Property and assets of the
Authority shall become the property of the City of Huntington Beach, provided, however,
funds remaining in the Training Facility budget shall be paid to each Member in
proportion to their most recent contribution rate to each budget.
C. In the event the Parties do not mutually agree to extend this agreement, and it
therefore expires on August 22, 2021, the funds remaining in the adopted FY 2020/2021
Training Facility budget, exclusive of fund balance reserves, shall be distributed to each
member in proportion to their most recent contribution rate to each budget.
CHAPTER III
MISCELLANEOUS
12.1 Amendments
This Agreement may be amended with the approval of a majority if the Members.
12.2 Notice
Any notice or instrument required to be given or delivered pursuant to this Agreement
shall be deemed given when personally delivered to the Member or the Authority, or deposited in
the United States mail, first class postage pre -paid, and properly addressed to the principal office
of the Member or the Authority.
12.3 Partial Invalidity
If one or more of the Sections, paragraphs or provisions of this Agreement is determined
to be invalid or unenforceable by a court or competent jurisdiction, each and all of the remaining
provisions, Sections and paragraphs shall not be affected and shall continue to be valid and
enforceable to the fullest extent permitted by law, provided, the remaining Sections or provisions
can be construed in substance to constitute the Agreement the Parties intended in the first
instance.
IN WITNESS WHEREOF, the Partie;
unattested by their duly authorized officers, and
the date first stated above.
have caused this Agreement to be executed
to have their official seals affixed hereto as of
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CITY OF FOUNTAIN VALLEY
Date:
�- -SL,4, LJ
Mayor
CITY OF HUNTINGTON BEACH
1
City Attorney
APPROVED AS TO FORM:
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Exhibit A
THIS MAP WAS PREPARED FOR ORANGE
COUNTY A55ESSOR DEPT. PURPOSES ONLY.
THE ASSESSOR MAKES NO GUARANTEE AS TO'
ITS ACCURACY NOR ASSUMES ANY LIABILITY
FOR OTHER USES. NOT TO BE REPRODUCED.
ALL RIGHTS RESERVED.
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GOTHARDICRYSTAL STREET) RST.
11
*PRIVATE STREET
NOTE - ASSESSOR'S BLOCK & ASSESSOR'S MAP
PARCEL NUMBERS BOOK 111 PAGE 07
SHOWN IN CIRCLES COUNTY OF ORANGE
EXHIBIT "C"
ITEM I, TRAINING TOWER AND FIRE BUILDING
A five -story cement building that typically represents construction features found in two-story
through multi -story high rise buildings. Specifically including ladders and scaling wall, flat and
slating roof, enclosed stairway and smoke tower, windowless rooms, observation tower, fire
rooms, sprinkler systems, cellar inlets, breathing apparatus training rooms, ventilation training
panels, a variety of window sections, interim dry standpipe, a basement section, an apparatus
maneuvering yard, above ground fuel storage tank, and a yard fire hydrant system with both wet
and dry barrel hydrants.
ITEM II, CLASSROOMS & SUPPORT FACILITIES
A one-story building and basement that meets Federal requirements for an emergency operations
center. Basement features include three (3) classrooms. First floor features include a board
room, one small classroom, one large classroom, and office space for the training officers from
the member cities.
ITEM III, TEST PIT AND MASTER STREAM COLLECTOR
A standard 2,000 gpm pumper test pit including collection shield and water recycling collection
system.
ITEM IV, FREEWAY EMERGENCY, GAS TRANSMISSION & PETROLEUM
FIREFIGHTING PROPS
Special outdoor firefighting props surrounded by a typical street. Features include a
butane/propane prop with tanker, a tanker loading rack, a transmission pipe section with five
firefighting set ups, gutter section, and a one-story control tower.
11-2792/66062 1
EXHIBIT "D"
TRAINING CENTER STAFFING
Budgeted Position Titles Number
Administrative Secretary 1
Fire Training Maintenance Technician 1
TOTAL 2
11-2792/66062 1
ATTACHMENT
CENTRAL. NET ®PEIBATI®NSMOINT POWERS AGREEMENT
This Agreement, dated the V'_ ..- day of . 20 for the
purpose of identification, is made by and effective when fully executed by authorized
representatives of all of the following public entities:
A. City of Fountain Valley ("Fountain Valley")
B. City of Huntington Beach ("Huntington Beach")
RECITALS
and fagifities. the
cities of
Fountain
Valley, Huntington
Beach, Seal
Beach,. and Westminst"
entered into an agreement
for
comqmction
and gperation
of a multi=pmose
centml fire traiujug
and communications
kctive June-1981
facility
located
the cities
in the City of Huntingign
of FounWn Valle
Beach,
. Huntington
Beach, Seal Beach
Westminater. along
md1h the
Comly
of Orange, entered
into a kint
P-Qwm AgreemenLjor
consolidated fire emergency
ommunications.
training, and
po_r
C. Effective July
1984 thg
County
of Oran= entered
into a license
agreement foruse
Joint Powers Imining
center
for fire
training, promotional
Les-dng. oiblic
relations fire
D. Effective May
1987,
due to
con=ting for its fire
prolectio
ith thr. Co
at the same time, the
City of
\ " m •
t Beach 1 ! •
an agrcement
to become - • : r p•l '.
E. Effective June
1992,
a ioint
powers authority,
known as
Central Net Ome-ra
Authorily, wm created
by tht
cities
of Fountain Valley,
H=inZon
Beac�. Nemmort BeaQh-and
Westminster to provide
fQr
the ov=ion.
wgrade. maintenance-
and =air of the traimn
facility, communications
F. Effective April
centcr
1995,
and
due to
communications equinment.
finan6als—onsiderations.
the County
of Orange termi
Q. Effective July
1996,
due to
contracting for its fire
12rote!3ion
services with the CounV
Orange.- City of
Westminster
terminated
its Participation
in the Joint
Powers Authority-
-the
H. Effective July
1996,
fire emergency
communications
services
j2rovid§d by Central Net
Oneratio
1
11-2792/
//2S r9/_
- • • • - 1 1 •I . �_ • • �_ • • _ , _ • ;_ • �� _�iBeach t�.=inated its participation in the Joint Powers Authority -
Al. At this time. the Parties to this Agreement each provide fire protection, fire
prevention, rescue, emergency medical and related administrative services within their respective
boundaries.
RK. The Parties have determined that joint use of a training facility,
reduces the administrative costs that would otherwise be
incurred in providing fire suppression, emergency medical assistance and related services.
EL. Costs associated with maintaining and operating the multi -purpose Training Facility and
C-2;- .......11nie ,*iens no., in the City of Huntington Beach should be funded by the Parties
through a formal Joint Powers Agreement with costs apportioned to reflect the extent to which
the Parties benefit from the Training Facility, �d associated
personnel and, n-seme-nreastire, eenstnie4iea of the F eilit .
OIL. The Parties each have 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) or
the Municipal Services and Functions Act (Seetien54980§ggtion 54980 et. seq. of the
Government Code) for the performance of the duties and functions that form the basis of this
Agreement.
THE PARTIES AGREE AS FOLLOWS:
CHAPTER 1
DEFINITIONS
For the purpose of this Agreement, the following words or terms specified in this Chapter shall
have the following meanings:
A. "Property" shall mean the 4.957 acre parcel of land commonly known as 18301
Gothard Street in the City of Huntington Beach, as -described as s e ss or's ParceLNumber 111-
07l -38. include in Exhibit "A=" and shown in Exhibit -B."
B. "Training Facility" shall mean the multi -purpose training facility on the Property
as more specifically described in Exhibit "WC." The Training Facility includes, without
limitation, the following:
1. A five story training tower and fire building;
2. Transportation, gas and petroleum firefighting props;
3. A fire control tower;
4. A 2,000 gallon per minute pumper test pit and master stream collection pit and
shield;
2
11-2792/fikO2 1
ILO — ?Z.—
5. Gretmd flee Administration building, training e€€iee; offices and classrooms
multi media effiee.;
6. Hydrant and water reclamation system;
7. All underground utilities as described in Exhibit "B",.
Cr.
:-
--E. "Charter Agencies" shall mean the cities of Fountain Valley, We t ftinstAr- and
Huntington Beach, the public entities that participated in the funding of the Training: Facility.
Ems- xce for capital facility investments, "Charter Agencies" are equivalent to "Members"
for all other Authority powers.
FD-. "Member" shall mean the Gity of �iewpei4 rueae -dany other public entity that
becomes a Party to this Agreement pursuant to the provisions of Seetei3Section 10.1.
— GE. "Fire Safety Personnel" shall mean all personnel of an agency trained and
designated to respond to fire, medical, or related emergencies and does not include civilian
positions.
through the Central Net Ceffimunieations Geiiter-.
F. "Central Net Staff' shall mean all personnel contracted through the City of Huntington
Beach for the operation and maintenance of the Training Center.
CHAPTER II
SPECIAL C®NSIUDERATIONS
The provisions of this section establishedestablisb the rationale for the provisions relating to
funding, administration and decision making.
2.1 Founding Agencies
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�� - 0 -
In 1972, Huntington Beach, Westminster, Fountain Valley and Seal Beach (on a limited
basis) collectively funded the construction of the Training Facility. Seal Beach and Westminster
presently een4aetscontract with the Qra e County Fire Au ority-for fire protection services
and hashave withdrawn from participation in the funding or administration of the Training
Facility ^- GemnRtt3ieatiensCenter,
�I 10ti Ili IFi fYlli
2A —Facility Charges
Charges for the use of the Training Facility, Gewmumeffs Centerand
Ceffffntiniea4iens Equipment by non -Members shall be based upon, and used to defray, the fixed
and special expenses as well as staffing and overhead costs incurred by the Authority in
improving and maintaining the Training Facility. However, certain non -Parties, specifically
Rancho Santiago College, have constructed improvements on the Property or provide special
services or material to the Authority and, in such cases, the Board is empowered to authorize of
use of the Training Facility, t rates
below those charged to other public entities.
CHAPTER III
PURPOSE AND POWERS
3.1 —Authority Created
This Agreement creates a joint powers authority known as the Central Net Operations
Authority. The Authority is formed pursuant to the provisions of Article 1, Chapter 5, Division 7
of Title I of the Government Code of the State of California (The Joint Exercise of Powers Act).
The Authority shall be considered a public entity separate and apart from the participating
agencies.
3.2 __Common Powers
Each Party has the common power to -.-
A --provide fire protection, fire suppression, fire prevention, emergency medical and related
services;
4
i i 2792/ia6062 _l
3.3 General Purpose
A. The primary purpose of this Agreement is to provide for the operation, upgrade,
maintenance and repair of the Training Facility, Cosmunaeatienss Gent r- eaa
Genwntutieafiens Equipment. This Agreement is intended to provide a formal
mechanism by which the Authority can fund these activities, require non -Members using
the Training Facility to pay for use of the facility and, accordingly, provide the highest
possible level of fire suppression training, fire prevention training; and emergency
medical training, and emefgeney eemmtmiemien seiwiees.
B. This Agreement also is intended to foster cooperation among the paFiHespParties
in the form of a separate written automatic aid agreement,
sefviees by the elesest available unit and serves as a vehicle for scheduling and funding
of training seminars.
3.4 Powers
The Authority shall have the power, in its own name, to do any of the following:
A. To jointly exercise the common powers of the Members;
B. To make and enter into contracts;
C. To retain the services of fire suppression specialists,
and such other persons with specialized knowledge or ability that would
assist the Members in achieving the purposes of this Agreement;
D. To acquire, hold or dispose of property by any lawful means, including, without
limitation, gift, and purchase for sale;
E. To incur debts, liabilities or obligations subject to the limitations specified in this
Agreement;
F. To receive gifts, contributions, grants, and donations of property, funds, services
and other forms of assistance from any person, firm, entity, corporation or public
agency;_
G. To sue and be sued in its own -name:
R. To apply for any grant or grants offered in coniunction with any Federal, State or
local program that is in any way related to the purpose of this Agreement:
It 2792/�(a.Q62@1
1. To adopt rules, regulations, policies. by-laws and procedures_ governing the
o eration of the Authority
J. To exercise any other Dower in the manner and according to the methods provided
by - applicable laws, rules or regulations. subiect only to the restrictions on the manner of
e ex icising such powers that may be applicable to the City of Huntington Beach.
CHAPTER IV
ORGANIZATION
4.1 The— Members of this Authority shall be the public entities which executed this
Agreement or a subsequent amendment and have not withdrawn from the Authority as provided
in Section 10.2.
4.2 Board
A. The Board shall consist of the existing City Manager of
each Party and as alternate, the Fire Chief or his/her designee.
B. Each Board Member shall hold office from the first meeting of the Board after
appointment until a successor is named.
C. A Board Member or alternate shall not receive compensation, but may be
reimbursed by the Authority for expenses reasonably
r,easenabiy incurred while performing duties required by this Agreement, and as farther
specified and limited by resolution of the Board.
4.3 Principal Office
The principal office of the Authority shall be 18301 Gothard Street in the City of
Huntington Beach, County of Orange. The Board has the full power and authority to change the
principal office from one location to another within the County of Orange.
4.4 Meetings
The Board shall meet at the principal office of the Authority, or at such other place as
may be designated by the Board. The time and place of regular meetings of the Board shall be
determined by resolution. Regular, adjourned and special meetings of the Board shall be called,
noticed and conducted in accordance with the Ralph M. Brown Act or other relevant open
meeting law.
4.5 Quorum
A majority of the Board Members (or the alternate for any absent voting Member) shall
constitute a quorum for the purposes of transacting business relating to the Authority.
4.6 Powers and Limitations
6
11 2792/
All of the powers of the Authority are reserved to it except to the extent of powers
conferred on the Board pursuant to this Agreement. Each Board Member, or alternate & the
absence of any voting Member, shall be entileentitled to one vote and, except as expressly
provided in this Agreement, the affirmative vote of the majority -of those present and qualified
shall effect adoption of any motion, resolution, order or action the Board deems appropriate.
4.7 Minutes
The secretary of the Authority shall provide notice of prepare and post agenda for and
keep minutes of, each regular, adjourned and special meeting of the Board The secretary shall
send a cony of the minutes to each Board Member and otherwise a orm the duties necessary to
ensure compliance with provisions of law including without limitation, any applicable "open
meeting law" such_as the Ralnb M. Brown Act.
4 8- Rules
The Board may adopt rules and regulations for the conduct of its affairs that are not in
conflict with this Agreement.
4.9 Officers
The Board shall select a chairperson and vice chairperson from its Members and shall
appoint a secretary who may, but need not, be a Member of the Board. The treasurer and auditor
of the City of Huntington Beach shall hold the offices of treasurer and auditor of the Authority
authorized by section 6506.6 of the Government Code. The- treasurer shall keep all revenues of
the Authority in a separate interest bearing account and otherwise perform the duties and
responsibilities of that office as specified in Section 6505.5 (A) (d) of the Government Code.
The chairperson, vice chairperson and secretary shall hold office for a period of one year.
4.10 Bond
The treasurer, auditor and such other persons who may have access to, or handle, any
revenue of the Authority shall be required to file an official bond in an amount determined by the
Board and consistent with the provisions of Section 6506.1 of the Government Code. This
bonding requirement shall be satisfied if an existing bond is extended to cover the duties required
by this Agreement. The costs of complying with the requirements of this Section shall be
considered an administrative expense of the Authority.
4.11 Status of Officers and Employees
All of the privileges and immunities from liability, exception from laws, ordinances and
rules and all pension, relief, disability, workers compensation and other benefits which apply to
the activities of officers, agents, or employees of any of the Mem 4 Members when
performing their respective duties or functions for that agency, shall apply to each of them to the
same degree and extent while engaged in the performance of any activity, function or duty
pursuant to this Agreement.
CHAPTER V
BASIC SERVICES
7
z 0".
pm am-,
- - -----------
. . ........
.................
I
1
1 I 2792/ 2
%�rZ
- - -
-
-
-
- - -
5:22 Training Facility
A. The Authority shall provide access to the Training Facility for use by Members as
provided in this Agreement. The Board shall develop standard procedures for the
processing of requests for access to the Training Facility, for resolving conflicts when
there are two (2) or more requests for use of the Training Facility at the same time, and
other administrative matters of a similar nature.
B. The Authority is empowered to develop and issue policy and procedure directives
for the maintenance and operation of the Training Facility.
C. The Authority shall provide personnel necessary to operate and maintain the
Training Facility as well as developing, scheduling and coordinating training programs.
The Board shall determine the specific number and qualifications of personnel necessary
to adequately perform these services. The Authority shall enter into an Agreement with
the City of Huntington Beach for the provision of these services by employees of the City
of Huntington Beach. Training Facility positions authorized and fully funded prior to the
effective date of this Agreement are listed in Exhibit "D".
D. The Authority shall provide equipment and material necessary to allow Members
full and beneficial use of the Training Facility. The Board shall have the power to
purchase appropriate supplies and equipment including audio visual equipment,
€recorded material, and books.
E. The Board shall establish formal procedures and appropriate fees for the use of
the Training Facility by non -Members who have contracted with the Authority for access.
The formal procedures shall include provisions which grant Members priority over non -
Members in the event of two or more requests for use of the facility at the same time and
for the recovery of costs and expenses, including overhead, associated with the use of the
facilities by non -Members.
5.32 Training and Education
The Authority shall have no obligation to provide training or education to the Members
or their employees and a2=provision for such services shall be made in the budget. The
Authority shall provide training for Central Net Staff as it deems appropriate for the operation of
the facility and support programs. However, the Board shall have the authority to take action
9
i i-27ni
which would facilitate training sessions, education seminars, for, or on behalf of, Members
requesting such action. This may include training of Members for the proper operation and use
of on -site props and training aids. No Member shall be required to contribute funds to any
training session, educational seminar or similar activity authorized by the Board in which that
Member does not participate. The Board is authorized to retain consultants to study and report
on methods of improving the quality of services provided by the Authority, additional services
the Authority may want to provide, and methods by which the costs of services could be reduced.
The unanimous approval of the Board is required prior to the commencement of any such study
or report. Costs of the study or report shall be included within the Authority's operating budget
or be paid by way of a special assessment levied against each Member in accordance with their
then current contribution rate.
CHAPTERVI
FUNDING AND ADMINISTRATION
6.1 Funding
Each member shall pay a portion of the costs incurred by the Authority in providing the
services described in Se sSection 5.1- and -5.2. Each Member's share of the costs shall be
determined in accordance with the provisions of this Section.
..
e�+eses_ , ,
IWIMM—a�
NO - - -
Z Z
At�110.Ti24ZW.7F`.7I,R,R1rm«i. _ r � . • .
ft
Agreement, The
contribution of each member shall be based upon the number of r-eeer-ded i fteiden4s
dtHing the pfeeeding ealendar- year- and the authorized safety personnel. The
Each Member's use of the Training Facility
will, in large part, reflect the number of employees that need training. TheseTli-s criteria
shall be weighted in accordance with the percentage of the preceding year's budget
attributable to training. The percentage
of each member's contributions shall be determined in accordance with the following
formula:
10
11 279z/
//� — 9eq—
..._■ ■_,
AUTHORIZED SAFETY
PERSONNEL OF MEMBER X TRAINING FACILITY BUDGET
TOTAL AUTHORIZED_ MINUS ANNUAL REVENUES
SAFETY PERSONNEL
OF ALL MEMBERS
6.2 Administrative Services
The City of Huntington Beach shall be responsible for administrative services.
Administrative services ineludedimclude general accounting of funds received and disbursed,
preparation of invoices to Members, preparation of documents relative to any grant program, and
such other functions as may be required by this Agreement or the provisions of any law
including, without limitation, the Joint Exercise of Powers Act.
The City of Huntington Beach shall select the individual or individuals responsible for
providing administrative services subject to Board approval. The City -of Huntington Beach shall
be reimbursed for administrative costs at a rate and/or amount approved by the Board in the
annual budget.
6.3 Emergency Repairs
If any damage should occur which interferes with Fire—Dispate#trainin or other
urgextcritical services, the Huntington Beach Fire Chief or his/her representative is authorized
without prior- Board approval to have the necessary repairs made so that services are resumed.
6.4 Capital Improvements — Funding
In the event unanticipated damage to the Training Facility over and above repairs called
for in the then current budget and the cost of which exceeds available reserves, the Board shall
promptly solicit bids for the repair of damage from at least three (3) responsible firms, award the
contract to the lowest -responsible bidder and direct the accepted responsible bidder to make the
repairs as soon as possible. The cost of the repairs or improvements shall be reimbursed by each
Member in accordance with its share of the Training Facility budget.
CHAPTER VII
BUDGETARY PROVISIONS
7.1 Annual Budget
The Board shall adopt an annual budget pursuant to this Agreement and procedures
adopted by the Board. The Board shall conduct at least one (1) public hearing regarding the
z4�5 - 51-
budget prior to adoption. The hearing shall be noticed and conducted in the manner provided by
law.
7.2 Special Budgetary Considerations
The budget adopted by the Board shall consist of a ,
Training Facility component! and a capital improvements component. Except as provided in
Section 6.3, the contributions of Members shall be used to defray costs and expenses associated
with the Training Facility component, and the capital
improvements component. Contributions from non -Members pursuant to contracts ratified by
the Board, grant funds and other incidental revenue received by the Authority shall be used as
additional funding or eapital a „t eets Funds allocated to th
eelnpeeen a Training Facility component of the budget shall be sufficient to provide and pay
for the services, personnel and facilities described in SeetiensSection 5.1and 5.2. Special
assessment for operating expenses and capital improvement projects can be levied from time to
time provided approval of the respective city councils is obtained.
7.3 Disbursements
The treasurer shall draw checks or warrants upon the approval and written order of the
Board. The Board shall requisition the payment of funds only upon approval of such claims or
disbursements in accordance with the rules and regulations adopted by the Board.
7.4 Accounts
All funds shall be placed in accounts and the receipt, transfer of disbursement of funds
during the term of this Agreement shall be accounted for, in accordance with generally accepted
accounting principles applicable to government entities. There shall be strict accountability for
all funds. All revenues and expenditures shall be annually reported to the Board.
7.5 Expenditures Within Approved Annual Budget
All expenditures shall be within the designations and limitations of the approved annual
budget, provided, however, expenditures may be made for capital improvements not specifically
identified in the budget, so long as the expenditures are made from revenue other than
contributions for Members and, provided further, expenditures may be made for capital
improvements upon the unanimous consent of all Members or by special assessments approved
by the Board and the city council of each Member.
CHAPTER VIII
USE OF TRAINING FACILITIES
8.1 Existing Gee- Arrangements
♦c 1!
I
,
evalu.,e e
ate the
Aa'tom
,ree ..y e « to dete
i
12
11-2792
8.2 Existhig Affangements
The tfaili The Training Facility is used from time to time by
non -Members pursuant to understandings which have not been reduced to writing. The Board
shall determine the extent to which the Training Facility is used by non -Members, the rationale
from such use, and the consideration received by the Authority for such use. In the event the
Board determines that the non -Member should continue to sueus-ge the Training Facility, a written
contract memorializing the Agreement shall be negotiated and executed as soon as possible.
8.32 New Contracts
The Board shall have the authority to negotiate and approve Agreements for the use of
the facility by non -Members at times when the facility is not used by then current Members and
non -Members acting pursuant to contract.
CHAPTER IX
LUBILITY/INSUIBANCE
9.1 Liabilities
The debts, liabilities and obligations of the Authority shall not be considered the debts,
liabilities or obligations of any Member, except as otherwise provided in this Chapter.
9.2 Indemnification/Hold Harmless
A. The Authority shall defend, indemnify and hold
harmless each Member with respect to any loss, injury, damage, claim, lawsuit, liability,
cost, fee or expense alleged to have been proximately caused by the performance of
I services described in Subsec-riensSubseefon 5.1this Agreement. The
Authority shall fulfill its obligation pursuant to this Subsection by establishing a liability
reserve fund in the annual budget, by purchasing insurance or by requiring contributions
from each Member pursuant to this Subsection. In the event the Board does not purchase
insurance or establish a liability reserve in the budget, or in the event judgment and/or
litigation costs exceed the amount of the liability reserve, each Member shall contribute
their pro rata share of the unfunded liability (including liti ate ion costs and attorney's
fees) in accordance with the following:
1. In the event the unfunded liability arises out of the provision of
Cenffnttnieatien Training Facility services, the contribution of each Member shall be in
an amount equal to the total unfunded liability multiplied by thethat agency's percentage
of the Training Facility's budget as specified in Section 6.1, fart $A.
13
1113 — �j�
B. Each Member shall assign to the Authority all of its right, title and interest
to recover any medical expense, salary, or fringe benefits paid to, or on behalf of, any
officer or employee who is injured as a result of the performance of services described in
SubseefiefisSit-ibsection 5.1-and5.2 of this Agreement, or who is alleged to have been
injured as a result of the use of the Training Facility.
9.3 Waiver
Each Member waives and gives up any claim against, or right to sue, the Authority for
any loss, damage or injury that arises out of-, or is any way related, to the performance of
services for any emergency response, pursuant to this Agreement. This waiver extends to
liability for bodily injury or property damage that may be sustained by any Member or its
officers, employees, contractors, or agents, and which was proximately caused, in whole or in
part, by the negligent act, conduct or omission of the Authority, or its respective officers,
employees, agents, contractors and representatives. However, this waiver does not extend to
bodily injury or property damage caused by an unlawful, fraudulent or willful act or omission.
10.1 New Members
Public entities may become Members in the Authority upon such terms and conditions as
may be specified by the Board. New Members shall pay a surcharge to be determined by the
Board at the time of application.
10.2 Withdrawal
A Member may withdraw from the Authority and terminate its rights and obligations
pursuant to this Agreement by giving written notice of its intention to terminate to the secretary
of the Board no later than December 31" prior to termination of the fiscal year in which the
provider agency intends to withdraw. The written notice shall be accompanied by a resolution or
minute order of the legislative body of the withdrawing agency -specifying its intent to withdraw
from the Authority. Withdrawal shall be effective upon the expiration of the then current fiscal
year. An Agency withdrawing from the authority under this section relinquishes all property
rights to facilities and equipment except as otherwise specified.
10.3 Breach
The Board consisting of 100% of non -breaching members shall have the authority to
terminate the membership of any Member in the event the Member materially breaches its duties
pursuant to this Agreement. For the purposes of this Section, the term "material breach" shall
include, without limitation, a failure to fund the budget in accordance with Section VI, the failure
to make any contribution or pay any assessment when due, and the failure to defend or
indemnify other Members as required in Chapter IX.
14
11 2792/f�f 44 .
C? TER XI
TERMINATION AND "DDISPOSITION OF ASSETS
11.1 Termination
11.2 Distribution of Property
r_wr_,Nuwz
BA. All capital equipment purchased after the effective date of this agreement, shall be
assigned by= "operating life" by the Board. The Board shall also designate equipment
which is critical or noncritical to the operation of the facilities. Upon termination of this
agreement, all capital equipment either functioning within its operating life or beyond,
shall be appraised by an independent appraiser and equipment designated as critical may
be purchased first by the City of Huntington Beach or then by any Member agency.
Noncritical capital equipment may be purchased by any Member agency based on
procedures adopted by the Board. Capital equipment not purchased by Member agencies,
shall be sold to the public at appraised value or at public auction.
EB. In the event the City of Huntington Beach votes to terminate this Joint Powers
Agreement prior to August 22, 2021, and the Joint Powers Agreement is terminated in
whole or in part because of that vote, the City of Huntington Beach shall reimburse the
c4esC� of Fountain Valley in a sum equal to 1 /50`h of the construction and
Westminster -equipment costs raid by Fountain Valley for each year, or portion thereof,
between the date of termination and August 22, 2021. Upon payment of these sums, the
Property and assets of the Authority shall become the property of the City of Huntington
Beach, provided, however, funds remaining in the Training Facility budget amd4er- the
Geffiffittaieations Center- budget shall be paid to each Member in proportion to their most
recent contribution rate to each budget.
Lt n •" • •
15
( 112792/6-6
BA. All capital equipment purchased after the effective date of this agreement, shall be
assigned by= "operating life" by the Board. The Board shall also designate equipment
which is critical or noncritical to the operation of the facilities. Upon termination of this
agreement, all capital equipment either functioning within its operating life or beyond,
shall be appraised by an independent appraiser and equipment designated as critical may
be purchased first by the City of Huntington Beach or then by any Member agency.
Noncritical capital equipment may be purchased by any Member agency based on
procedures adopted by the Board. Capital equipment not purchased by Member agencies,
shall be sold to the public at appraised value or at public auction.
EB. In the event the City of Huntington Beach votes to terminate this Joint Powers
Agreement prior to August 22, 2021, and the Joint Powers Agreement is terminated in
whole or in part because of that vote, the City of Huntington Beach shall reimburse the
c4esC� of Fountain Valley in a sum equal to 1 /50`h of the construction and
Westminster -equipment costs raid by Fountain Valley for each year, or portion thereof,
between the date of termination and August 22, 2021. Upon payment of these sums, the
Property and assets of the Authority shall become the property of the City of Huntington
Beach, provided, however, funds remaining in the Training Facility budget amd4er- the
Geffiffittaieations Center- budget shall be paid to each Member in proportion to their most
recent contribution rate to each budget.
Lt n •" • •
15
( 112792/6-6
C TER XH
MISCELLANEOUS
12.1 Amendments
This Agreement may be amended with the approval of a majority if the Members.
12.2 Notice
Any notice or instrument required to be given or delivered pursuant to this Agreement
shall be deemed given when personally delivered to the Member or the Authority, or deposited in
the United States mail, first class postage pre -paid, and properly addressed to the principal office
of the Member or the Authority.
12.3 Partial Invalidity
If one or more of the Sections, paragraphs or provisions of this Agreement is determined
to be invalid or unenforceable by a court or competent jurisdiction, each and all of the remaining
provisions, Sections and paragraphs shall not be affected and shall continue to be valid and
enforceable to the fullest extent permitted by law, provided, the remaining Sections or provisions
can be construed in substance to constitute the Agreement the Parties intended in the first
instance.
IN WITNESS WHEREOF, the pParties have caused this Agreement to be executed
unattested by their duly authorized officers, and to have their official seals affixed hereto as of
the date first stated above.
16
11-2792/6b= .1
CITY OF FOUNTAIN VALLEY
Date:
Mayor
_City Clerk
APPROVED AS TO FORM:
City Attornev
CITY OF HUNTINGTON BEACH
Date:
Mayor
City Clerk
INITIATED AND APPROVED:
Fire Chief
APPROVED A TO O FORM:
City, Attorney
1%
11-2792166M-1__ , /9 _ 9� r
EXHIBIT " BC"
ITEM 44, TRAINING TOWER AND FIRE BUILDING
A five -story cement building that typically represents construction features found in two-story
through multi -story high rise buildings. Specifically including ladders and scaling wall, flat and
slating roof, enclosed stairway and smoke tower, windowless rooms, observation tower, fire
rooms, sprinkler systems, cellar inlets, breathing apparatus training rooms, ventilation training
panels, a variety of window sections, interim dry standpipe, a basement section, an apparatus
maneuvering yard, ' above ground fuel storage tank, and a yard fire
hydrant system with both wet and dry barrel hydrants.
ITEM 11 r-ro E c rMr rr n T-OR11, CLASSROOMS & SUPPORT FACILITIES
A one-story building and basement that meets Federal requirements for an emergency operations
center. Basement features include
t ree (3) classrooms. First floor features include a and room. on -small
e-lassreemsclassroom, one large classroom, a fire libfafy, „die visual stnrano r „^, a fire prep
four, and office space for the training officers from the 4-)member cities.
ITEM III, TEST PIT AND MASTER STREAM COLLECTOR
A s4standard 2,000 gpm pumper test pit including collection shield and water
recycling collection system.
ITEM IV, FREEWAY EMERGENCY, GAS TRANSMISSION & PETROLEUM
FIREFIGHTING PROPS
Special outdoor firefighting props surrounded by a typical street. Features include a
butane/propane prop with tanker, a tanker loading rack, a transmission pipe section with five
firefighting set ups, gutter section, and a one-story control tower.
1I2792/SSzQb2_L�a��eH� ��11 �}
10.14:111.3iffilm
TRAINING CENTER STAFFING
FISG A r YEAR
T? 1991 1992
Budgeted Position Titles Number
Administrative Secretary _1
Audie-VitaSpeeial-ist
-deg Fire Training Maintenance AssisTechnician
TOTAL 3
I