HomeMy WebLinkAboutAGMT - OCFA_JPA (1995) ,. /q4( 4Z14,
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• JOINT POWERS AGREEMENT
CREATING THE
ORANGE COUNTY FIRE AUTHORITY
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TABLE OF CONTENTS
Pages)
RECITALS 1, 2
AGREEMENT 3
ARTICLE I. POWERS AND PURPOSES 3
1. Authority Created 3
2. Purpose of the Agreement; 3
Common Power to be Exercised
3. Effective Date of Formation 3, 4
4. Powers 4, 5, 6
ARTICLE II. ORGANIZATION 6
1. Membership 6
2. Designation of Directors 6, 7
3. Principal Office 7
4. Meetings 7, 8
5. Quorum; Voting 8
• 6. Executive Committee 8
7. Officers 9
8. Minutes 9
9. Rules 9
10. Fiscal Year 10
11. Assent of Members 10
12. Committees 10
13. Additional Officers and Employees; 10, 11
Contract Services
ARTICLE III. TRANSFER OF FIRE OPERATIONS 11
1. List of Assets and Liabilities 11, 12
2. Transfer of County Assets and 12
Liabilities
a. Personnel 12
b. Assets 13
c. Reserves 13
d. Contracts 13, 14
e. Records 15
3. Authority Assumption of Liability 15
ARTICLE IV. FUNDING OF FIRE OPERATIONS 16
• 1. General Budget 16
2. Expenditures for the Approved 16
Budget
3. Contributions for Budgeted Amounts 16
a. Structural Fire Fund 16, 17
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b. Cash Contract Cities 17
and John Wayne Airport
c. Termination 17, 18
4. Equity 18
5. Approval of Bonded Indebtedness 18
6. Authority Cooperation 19
ARTICLE V. ACCOUNTING AND AUDITS 19
1. Accounting Procedures 19
2. Audit 19
ARTICLE VI. PROPERTY RIGHTS 19
1. Project Facilities and Property 19, 20
2. Disposition of Assets Upon 19
Termination
3. Liabilities 20
4. Indemnification and Insurance 20, 21,
22, 23
ARTICLE VII. WITHDRAWAL AND ADDITION OF MEMBERS 23
1. City Member Withdrawal 23
• 2. Addition of New City Members 24
3. Withdrawal of County 24
4. Property of Withdrawing Members 24, 25
ARTICLE VIII. TRANSITION TO AUTHORITY 25
ARTICLE IX. NOTICE OF AGREEMENT 25
1. Initial Notice 25
2. Additional Notices 25
3. Notice to Members 25
4. Amendment 26
5. Headings 26
6. Severability 26
7. No Continuing Waiver 26
8. Successors 26
9. No Third Party Beneficiary 26, 27
SIGNATURE PAGES 28
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JOINT POWERS AGREEMENT
CREATING THE
ORANGE COUNTY FIRE AUTHORITY
This Agreement is made this day of , 1994 by
and between the following public entities (collectively, the
"members "), BUENA PARR, CYPRESS, DANA POINT, IRVINE, LAGUNA HILLS,
LAGUNA NIGUEL, LAKE FOREST, LA PALMA, LOS ALAMITOS, MISSION VIEJO,
PLACENTIA, SAN CLEMENTE, SAN JUAN CAPISTRANO, SEAL BEACH, STANTON,
TUSTIN, VILLA PARR AND YORBA LINDA (collectively, the "Cities ") and
the COUNTY OF ORANGE (the "County ").
RECITALS
A. County operates the Orange County Fire Department (the
"Fire Department "), which presently provides fire protection,
prevention. and suppression services and related and incidental
services to Cities, as well as to the unincorporated area of the
County and State areas of responsibility ( "SRA ").
B. Cities and County agree that the level and quality of
services are excellent and agree that the Fire Department's
operational control should be continued with the current Director
of Fire Services.
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C. County agrees that Cities require additional policy input
into and direction over the costs of such services and use of
structural fire fund taxes levied therefor.
D. Cities and County have studied and discussed policy input
and cost control for over three years and have determined that
creation of a joint power entity to administer fire service
operations and delivery serves their needs for policy input and
cost control.
E. Each member is a public agency as defined by Government
Code Section 6500 et seq. and is authorized and empowered to
contract for the joint exercise of powers common to each member. •
F. The members now wish to jointly exercise their powers to
provide for mutual fire protection, prevention and suppression
services and related and incidental services, including but not
limited to, creation, development, ownership and operation of
programs, facilities, and funds therefor through the establishment
of the "Orange County Fire Authority" (the "Authority ").
NOW, THEREFORE, in consideration of the mutual promises set
out, the parties agree as follows:
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2.
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AGREEMENT
ARTICLE I.
POWERS AND PURPOSES
1. Authority Created. The Authority is formed by this
Agreement pursuant to the provisions of Article 1, Chapter 5,
Division 7, Title 1 (commencing with Section 6500) of the
Government Code of the State of California. The Authority shall be
a public entity separate from the parties hereto and its debts,
• liabilities and obligations shall not be the debts, liabilities and
obligations of its members.
2. Purpose of the Agreement; Common Powers to be Exercised.
Each member individually has the statutory ability to provide fire
suppression, protection, prevention and related and incidental
services including but not limited to emergency medical and
transport services, as well as providing facilities and personnel
for such services. The purpose of this Agreement is to jointly
exercise the foregoing common powers in the manner set forth
herein.
3. Effective Date of Formation. The Authority shall be
formed as of February 3, 1995, or such later date as agreed to in
writing by all the members (the "Effective Date "), provided that
the Authority has met the insurance requirements set forth in
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3.
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Article VI, Section 4(d) below and has become enrolled as a member
in the Orange County Employees Retirement System (OCERS).
4. Powers. Pursuant to and to the extent required by
Government Code Section 6509, the Authority shall be restricted in
the exercises of its powers in the same manner as is a general law
city. The Authority shall have the power to do any of the
following in its own name:
(a) To exercise the common powers of its members in
providing fire suppression, protection, prevention
and related and incidental services.
(b) To make and enter into contracts, including
contracts with its members; notwithstanding, the
Authority may not enter into real property
development agreements.
(c) To assume Fire Department contracts relating to
fire suppression, protection, prevention and
related and incidental services.
(d) To negotiate contracts with represented and
unrepresented employees.
(e) To employ such agents, employees and other persons
as it deems necessary to accomplish its purpose.
(f) To lease, acquire, hold and dispose of property.
(g) To invest surplus funds.
4.
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(h) To incur debts, liabilities, or obligations.
provided that all bonded indebtedness, certificates
of participation or other long -term debt financing
require the prior consent of the members as set out
in Article IV hereof.
(i) To sue and be sued in its own name.
(j) To apply for grants, loans, or other assistance
from persons, firms , corporations, or governmental
entities.
(k) To use any and all financing mechanisms available
to the Authority, subject to the provisions of
Article IV hereof.
(1) To prepare and support legislation related to the
purposes of the Agreement.
(m) To lease, acquire, construct, operate, maintain,
repair and manage new or existing facilities as
well as to close or discontinue the use of such
facilities.
(n) To levy and collect payments and fees for services,
provided that paramedic or ambulance user fees
shall be approved by the member(s) affected.
(o) To impose new special taxes or assessments as
authorized by law to the extent allowed by law, and
in coordination with the underlying jurisdiction.
(p) To provide related services as authorized by law.
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5.
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(q) To contract for the services of attorneys,
consultants and other services as needed.
(r) To purchase insurance or to self - insure and to
contract for risk management services.
(s) To adopt rules, regulations, policies, bylaws and
procedures governing the operation of the
Authority.
ARTICLE II.
ORGANIZATION
1. Membership. The members of the Authority shall be the
original parties hereto which have not withdrawn from the 0
Authority, and such other cities as may join the Authority after
execution of this Agreement. New members may join on the terms and
conditions set out in Article VII hereof.
2. Designation of Directors. Before the Effective Date,
each member by resolution of its governing body shall designate and
appoint one representative to act as its director on the Authority
Board of Directors (the "Board "), except the County whose Board of
Supervisors shall appoint two representatives to act as its
directors. Each representative shall be a current elected member
of the governing body. Each director shall hold office from the
first meeting of the Board after appointment by the member's
governing body for a term of four (4) years or for a lesser term as i
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determined under 4(a) of Article II, or until the selection of a
successor by the appointing body. Each member shall also appoint
an alternate to act in each director's absence. Each alternate
shall be a current elected representative of the governing board of
the member. Each director and alternate shall serve at the
pleasure of his or her appointing body and may be removed at any
time, with or without cause, at the sole discretion of that
appointing body. Any vacancy shall be filled in the same manner as
the original appointment of a director and /or alternate. No
director or alternate will receive compensation from the Authority
for his or her services. With approval of the Board, a director or
alternate may be reimbursed for reasonable expenses incurred in the
conduct of the business of the Authority.
3. Principal Office. The principal office of the Authority
shall be the Fire Department's Water Street headquarters or as may
be otherwise designated by the Authority from time to time.
4. Meetings.
(a) The first and organizational meeting of the
Authority shall be held at its principal office on the Effective
Date. At that meeting, the Board may determine whether to adopt a
rotation system of two (2) and four (4) year terms to provide for
increased continuity on the Board and shall classify themselves
111 into any groups selected.
7.
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(b) 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 the regular meetings of the Board shall be
determined by resolution adopted by the Board, and a copy of such
resolution shall be furnished to each party hereto. All Board
meetings, including regular, adjourned and special meetings, shall
be called, noticed and held in accordance with the Ralph M. Brown
Act, Section 54950, et seq. of the Government Code (the "Brown
Act ") as it may be amended from time to time.
5. Ouorum; Voting. A majority of the directors shall
constitute a quorum for the purpose of the transaction of business
relating to the Authority. Each director, or alternate in the 0
absence of any voting director, shall be entitled to one vote.
Unless otherwise provided herein, a vote of the majority of those
present and qualified to vote shall be sufficient for the adoption
of any motion, resolution or order and to take any other action
deemed appropriate to carry forward the objectives of the
Authority.
6. Executive Committee. At its first meeting, the Board
shall elect from among its members an Executive Committee of five
(5) or seven (7) members, one of which shall be a County
Supervisor, and shall designate the functions to be performed by
the Executive Committee, as allowed by law.
8.
7. Officers. At its first meeting, the Board shall elect
from among its members a chair and vice -chair and thereafter at the
first meeting in each succeeding fiscal year the Board shall elect
or re -elect a chair and vice - chair. In the event that the chair or
vice -chair ceases to be a director, the resulting vacancy shall be
filled in the same manner at the next regular 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 or her absence the vice - chair, shall preside at and conduct all
meetings of the Board. The Board shall appoint a secretary to the
Authority who may be a member of the Board or an employee of a
member. The chair, vice -chair and secretary each shall hold office
for a period of one (1) year.
8. Minutes. The secretary of the Authority shall provide
notice of, prepare and post agendas for and keep minutes of
regular, adjourned regular, and special meetings of the Board, and
shall cause a copy of the minutes to be forwarded to each director.
The secretary will otherwise perform the duties necessary to ensure
compliance with the Brown Act and other applicable rules or
regulations.
9. Rules. The Board may adopt from time to time such
bylaws, rules and regulations for the conduct of its affairs that
are not in conflict with this Agreement, as it may deem necessary.
411
9.
10. Fiscal Year. The Authority's fiscal year shall be July
1 of each year, or in the year of its formation, the Effective
Date, to and including the following June 30.
11. Assent of Members. The assent or approval of a member in
any matter requiring the approval of the governing body of the
member shall be evidenced by a copy of the resolution of the
governing body filed with the Authority.
12. Committees. The Board may establish standing or ad hoc
committees or subcommittees composed of Board members, staff and /or
the public to make recommendations on specific matters.
13. Additional Officers and Employees; Contract Services.
(a) Pursuant to Government Code Sections 6505.5 and
6505.6, the Board shall appoint an officer or employee of the
Board, an officer or employee of a member public agency or a
certified public accountant to hold the offices of treasurer and
auditor for the Authority. Such person or persons shall possess the
powers of and shall perform the treasurer and auditor functions for
the Authority required by Government Code Sections 6505, 6505.5,
and 6505.6, including any subsequent amendments thereto. Pursuant
to Government Code Section 6505.1, the secretary and the auditor
and treasurer shall have charge of certain property of the
Authority. The treasurer and auditor shall assure that there shall
be strict accountability of all funds and reporting of all receipts i
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and disbursements of the Authority. The treasurer, auditor and
secretary shall be required to file an official bond with the Board
in an amount which shall be established by the Board. Should the
existing bond or bonds of any such officer be extended to cover the
obligations provided herein, said bond shall be the official bond
required herein. The premiums on any such bonds attributable to
the coverage required herein shall be appropriate expenses of the
Authority.
(b) The Board shall appoint general counsel and special
counsel to the Authority to serve as necessary.
(c) The Board may contract with a member to provide
necessary administrative services to the Authority as appropriate.
Any administrative duties also may rotate from year to year.
ARTICLE III.
TRANSFER OF FIRE OPERATIONS
1. List of Assets and Liabilities. An up -to -date list of
all Fire Department personnel, employment agreements, pension
agreements, assets (including but not limited to real property,
equipment, Fire Department reserves, contracts and deposits) and
all known liabilities (including but not limited to tort and
workers compensation cases and claims) shall be prepared by the
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transition team during the transition referred to in Article VIII
below.
2. Transfer of County Assets and Liabilities. Effective as
of the date of Authority formation, County shall transfer to the
Authority all assets and liabilities of the Fire Department,
exclusive of the Weed Abatement and Hazardous Materials Program
Office and their personnel (the Asset Transfer), as further set out
in this Article.
(a) Personnel. The parties agree that the Authority is
the successor employer to the County by operation of law, including
for retirement and pension purposes. On the Effective Date, each 410
and every employee of the Fire Department shall become an employee
of the Authority on exactly the same terms and conditions as set
forth in the County's existing Memoranda of Understanding
( "MOU's "), employment agreements and all other applicable
employment rules, regulations, ordinances and resolutions. The
Board shall forthwith adopt and ratify such MOU's, employment
agreements, and employment rules, regulations, ordinances and
resolutions for each of the Authority employees and shall take such
other and further actions as authorized and necessary to implement
this subparagraph (a). The Board also shall take all necessary
steps to confirm continuation of membership in the County's 1937
Act Retirement system on the same terms and conditions.
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12.
(b) Assets. All Fire Department assets, including and
not limited to real property, including the Fire Headquarters
complex located at 180 South Water Street in Orange (but excepting
the four deactivated fire stations located at 1502 South Greenville
Street, Santa Ana; 12962 Dale Street, Garden Grove; 521 North
Figueroa Street, Santa Ana; and 31411 La Matanza Street, San Juan
Capistrano) and personal property and equipment and apparatus,
whether or not located at fire stations, the Fire Headquarters
complex, on equipment or otherwise shall transfer to the Authority
in their "as is" condition as of the Effective Date. As part of
the consideration for the County's Asset Transfer and contribution
to the Authority of its SFF from the unincorporated area, the
411 Authority shall assume the Fire Department's obligation for payment
of $14.5 million to the County for purchase of Fire Department
assets. The parties acknowledge that $8.2 million remains owing,
and that the Authority shall make a $4.1 million payment by June
30, 1995 and a $4.1 million payment by June 30, 1996.
(c) Reserves. All Fire Department reserves, including
the Fire Department's Fund 130 contingency, as shown in the
County's 1994 -95 Final Budget, shall transfer, unencumbered, to the
Authority as of the Effective Date.
(d) Contracts. Except for the SRA agreement with the
California Department of Forestry and Fire Protection ( "CDF "), all
411 existing County agreements and contracts involving the Fire
13.
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Department or its personnel, including but not limited to contracts
with Structural Fire Fund and cash contract Cities, mutual aid
agreements, automatic aid agreements, County island agreements, and
entry, access and roadwork agreements, shall be assigned to the
Authority as of the Effective Date, with any service or obligation
to be provided or performed thereafter by the Authority. A list of
all such contracts shall be developed during the transition period.
The Authority agrees to assume all of County's obligations, duties
and liabilities under said agreements and contracts. With respect
to contracts between County and the Structural Fire Fund Cities and
cash contract Cities, each City member hereby agrees to the
assignment to the Authority and agrees to release County as of the
Effective Date from any further obligations to any City member ga
under said contracts upon assignment. As part of the consideration
for the County's Asset Transfer and contribution to the Authority
of its SFF from the unincorporated area, the Authority agrees to
subcontract with County for the provision of services to all areas
within the County which have been designated as SRAs or enter into
another arrangement on such terms as are acceptable to the CDF and
the County. As additional consideration for the County's Asset
Transfer and contribution of its SFF from the unincorporated area,
the Authority further agrees to contract with the County for the
Authority's provision of services to the County's unincorporated
areas and for the Authority's provision of aircraft rescue fire
fighting service to John Wayne Airport.
14.
(e) Records. Any and all business records and files,
whether computer records, hard copy, microfilm or fiche, historical
data, rosters, personnel records, organizational charts, job
descriptions, deeds, easements, equipment logs, warranties, manuals
and so forth,' necessary or helpful to provide services shall be
transferred by the County to the Authority during the transition
period.
3. Authority Assumption of Liability. In further
consideration for the County's Asset Transfer and contribution of
its SFF from the unincorporated area, the Authority shall assume
responsibility for any and all loss, litigation, liability, injury,
damage, claim, demand, and tort or workers compensation incidents
that occur on or after the Effective Date. The County shall retain
responsibility and liability for any and all such incidents that
occur prior to the Effective Date and shall retain all risk
management reserves that have been set aside for such prior
incidents. The Authority may contract with the County to receive
risk management services on such terms as agreed to by the
Authority and the County. Notwithstanding, the Authority
acknowledges that it shall not be entitled to become a member of
the County's self - insurance pool without the County's written
consent.
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ARTICLE IV. •
FUNDING OF FIRE OPERATIONS
1. General Budget. Within sixty (60) days after the first
meeting of the Board, a general budget for the first fiscal year
shall be adopted by the vote of a majority of all of the directors.
The initial budget and each succeeding budget shall include, but
not be limited to, the following: (a) the general administrative
expenses, operating expenses and necessary reserves of the
Authority to be incurred during the period covered by the budget;
and (b) the allocation of costs among the members of the Authority
in the amounts necessary to cover the budget items set out in 1(a)
above. Thereafter, at or prior to the last meeting of the Board 41 ,
for each fiscal year, a general budget shall be adopted for the
ensuing fiscal year or years by a vote of at least a majority of
all of the directors of the Board. A written budget performance
report shall be presented to the Board.
2. Expenditures for the Approved Budget. All expenditures
within the designations and limitations of the approved general
budget shall be made on the authorization of the Board for general
budget expenditures without further action. No expenditures in
excess of those budgeted shall be made without the approval of a
majority of all of the directors of the Board.
3. Contributions for Budgeted Amounts. •
(a) Structural Fire Fund. County receives Structural
16.
Fire Fund ( "SFF ") from the unincorporated area and all member
Cities except Stanton, Tustin, San Clemente, Buena Park, Placentia
and Seal Beach. On behalf of the Cities receiving SFF, and the
unincorporated area, County shall pay all SFF it receives to the
Authority to meet budget expenses and fund reserves in accordance
with the County's normal tax apportionment procedures pursuant to
the California Revenue and Taxation Code and the County's tax
apportionment schedules.
(b) Cash Contract Cities and John Wayne Airport. As
part of its annual budget process, the Authority shall determine
amounts owing from Buena Park, Placentia, San Clemente, Seal Beach,
410 Stanton, Tustin, other member cash contract Cities, and from the
County for service to the John Wayne Airport. Such amounts are due
and payable within sixty (60) days of receipt of a billing
therefor. For the first three (3) fiscal years of the Authority's
existence, the Authority shall limit any increase in annual costs
for its service to cash contract Cities to no more than the annual
percentage change in the cost of fire system operations consistent
with the cost calculation methodology in place on the Effective
Date, and for service to the County for the John Wayne Airport to
amounts consistent with the cost calculation methodology in place
immediately prior to the Effective Date.
(c) Termination. Failure by any member to make payments
• when due constitutes grounds for expulsion from the Authority.
Prior to expulsion, the Authority shall provide written notice of
its intention to and expel such member if payment is not received
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within sixty (60) days of the date of such notice. Any member •
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shall remain liable for payment of its proportional share of any
bonded indebtedness of the Authority incurred prior to the date of
its expulsion.
4. Equity. The County and each member City shall be member
agencies in equal standing in the Authority. It is understood that
the cost of service shall not be adjusted by reason of equity for
any member agency for a period of three (3) fiscal years from the
effective date of Authority formation. After the Authority's first
three fiscal years, any new annual adjustment to the cost for fire
services to each member for reasons of equity must be fair and
equitable to all members and may not exceed two (2) percent of the 0
member's immediately prior annual contribution. Upon approval of
two - thirds of all of the directors of the Board, another method may
be utilized in lieu of the foregoing formula as long as such method
is fair and equitable to all members.
5. Approval of Bonded Indebtedness. Prior to any Authority
resolution authorizing the issuance of any bonded indebtedness,
each member shall approve any bonded indebtedness to be incurred by
the Authority. Any withdrawing member shall remain responsible for
payment of its proportional share of any bonded indebtedness it has
approved. As used herein, "bonded indebtedness" does not include
short -term tax anticipation notes with a one -year (or shorter) term
which the Authority may authorize by a majority vote of all of the •
directors of the Board.
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6. Authority Cooperation. The Authority agrees to f
p y g fully
cooperate with each of the members in pursuing federal and state
claims for emergency response reimbursements.
ARTICLE V.
ACCOUNTING AND AUDITS
1. Accounting Procedures. Full books and accounts shall be
maintained for the Authority in accordance with practices
established by, or consistent with, those utilized by the
Controller of the State of California for like public entities. In
particular, the Authority's auditor and treasurer shall comply
110 strictly with requirements governing joint powers agencies, Article
1, Chapter 5, Division 7, Title 1 of the Government Code of the
State of California (commencing with Section 6500).
2. Audit. The records and accounts of the Authority shall
be audited annually by an independent certified public accountant
and copies of the audited financial reports, with the opinion of
the independent certified public accountant, shall be filed with
the county Auditor, the State Controller and each member within six
(6) months of the end of the fiscal year under examination.
ARTICLE VI.
PROPERTY RIGHTS
1. Project Facilities and Property. On and after the
Effective Date of the Authority, all real and personal property,
19.
including but not limited to, facilities constructed, installed,
acquired or leased by the Authority, apparatus and equipment,
personnel and other records and any and all reserve funds shall be
held in the name of the Authority for the benefit of the members of
the Authority in accordance with the terms of this Agreement.
2. Disposition of Assets Upon Termination. The Authority
may vote to terminate this Agreement, or termination will occur if
only one member is left in the Authority. If termination occurs,
all surplus money and property of the Authority shall be conveyed
or distributed to each member in proportion to all funds provided
to the Authority by that member or by the County on behalf of that
member during its membership, whether SFF or cash contract amounts.
411
Each member shall execute any instruments of conveyance necessary
to effectuate such distribution or transfer. In any such
distribution, the amount of SFF derived from each incorporated or
unincorporated city areas shall be considered as received from that
member in the same manner as cash contract payments have
contributed to surplus assets.
3. Liabilities. Except as otherwise provided herein, the
debts, liabilities and obligations of the Authority shall be the
debts, liabilities or obligations of the Authority alone and not of
the parties of this Agreement.
4. Indemnification and Insurance.
(a) Except as provided in Article VI, Section 4(e)
below, from and after the Effective Date, the Authority shall
20.
defend, indemnify nd hold harmless the County and each of the
Y Y
Cities and their officers, employees, agents and representatives
with respect to any loss, damage, injury, claim,_demand, litigation
or liability and all expenses and costs relating thereto (including
attorneys' fees) arising out of or in any way related to the
performance of services pursuant to this Agreement.
(b) Except as provided in Article VI, Section 4(e)
below, from and after the Effective Date, the Authority shall
defend, indemnify and hold harmless the County and each of the
County's officers, employees, agents and representatives with
respect to any loss, damage, injury, claim, demand, litigation or
• liability and all expenses and costs relating thereto (including
attorneys' fees) arising out of or in any way related to any Fire
Department contract or agreement assumed by or otherwise
transferred to the Authority.
(c) Except as provided in Article VI, Section 4(e)
below, from and after the Effective Date, the Authority shall
defend, indemnify and hold harmless the County and each of the
County's officers, employees, agents and representatives with
respect to any loss, damage, injury, claim, demand, litigation or
liability and all expenses and costs relating thereto (including
attorneys' fees) arising out of or in any way related to any Fire
Department asset to be transferred to the Authority, including but
410 not limited to real property, personal property, equipment and
apparatus.
21.
(d) From and after the Effective Date, the Authority
shall maintain during the term of this Agreement, workers
compensation insurance as required by law and, in addition, general
comprehensive liability insurance in the minimum limit of
$5,000,000 combined single limit per occurrence and annual
aggregate. Each of the Authority members shall be named as an
additional insured on the general comprehensive liability policy.
Alternatively, the Authority may self - insure. Prior to the
Effective Date, the Authority shall provide the County with
certificates of insurance or proof of self insurance evidencing the
coverage referred to in this Section 4(d). Such insurance is a
condition precedent to performance under this Agreement, and until
the Authority obtains insurance as provided for in this Section •
4(d), performance under this Agreement is excused and no member
shall have any right against any other member in equity or law.
(e) From and after the Effective Date, the County shall
defend, indemnify and hold harmless the Authority and each City
member and their officers, employees, agents and representatives
with respect to any loss, damage, injury, claim, demand, litigation
or liability and all expenses and costs relating thereto (including
attorneys' fees) arising out of the Fire Department's actions or
omissions prior to the Effective Date hereof which are related to
the provision of fire services or to the administration of Fire
Department contracts, facilities, sites or assets, and which may
include past, present or ongoing, or any future release of any 410
hazardous material, hazardous substance or hazardous waste as
defined under state and federal law or regulation. The Authority
22.
and the Cities agree that the County's obligations under this
Section 4(e) shall only apply to costs, losses, damage, injuries,
claims, demands, litigation or liabilities for which a written
claim has been received by the County prior to February 3, 2000.
(f) Nothwithstanding Article VI, Section 4, the members agree
that no immunity available to the County or the Cities under state
or federal law or regulation shall be waived with respect to any
third party claim.
ARTICLE VII.
WITHDRAWAL AND ADDITION OF MEMBERS
1. City Member Withdrawal. No City member may withdraw its
participation in the Authority for three (3) years from the
Effective Date, or three (3) years from the date on which it
initially becomes a member. After that three (3) year period, any
withdrawing City member may give written notice to the Assessor and
State Board of Equalization by November 30 of any year pursuant to
Government Code Section 54902 and by Resolution to the County by
the succeeding March 1 pursuant to Government Code Section 25643
and such other notices as are required by laws then in effect, of
its intent to withdraw as of the end of that fiscal year. That
withdrawal may be subject to property tax transfer negotiation as
required by applicable law. Any withdrawing City member shall
remain liable for payment of its proportional share of any bonded
indebtedness of the Authority incurred prior to the date of its
withdrawal.
23.
2. Addition of New City Members. Any non - member City may
110
join the Authority upon consent of a majority of all of the
directors of the Board and agreement to terms and conditions
determined by the Board. A new City member may be required to
transfer to the Authority its fire facilities and assets or to
reimburse the Authority for a proportionate share of facilities
which the new City will utilize. As a condition of membership, a
city may also be required to accept responsibility for a proportion
of the debts, obligations, and liabilities of the Authority from
its transferred facilities, to the extent agreed upon by the
Authority and the new member at the time of membership. The
Authority Board may determine to waive all or part of such
contribution requirements in return for an offsetting transfer of ilo
the new member's fire facilities and assets to the Authority.
3. Withdrawal of County. County may not withdraw from the
Authority for three (3) years from the Effective Date, and
thereafter may withdraw from the Authority only upon notice to
Authority by November 30 of any year to permit negotiation of the
property tax transfer pursuant to Revenue and Taxation Code
Sections 95 and 99 before December 31, and thereby to enable Cities
to give notice of withdrawal under Government Code Section 25643.
In the event of withdrawal, the County shall remain liable for
payment of its proportional share of any bonded indebtedness of the
Authority incurred prior to the date of its withdrawal.
4. Property of Withdrawing Members. Any withdrawing member
may negotiate with the Authority for return or repurchase of any
24.
and all stations and equipment serving that member's jurisdiction.
ARTICLE VIII.
TRANSITION TO AUTHORITY
The cities and County shall designate a transition team to
implement the transfer of assets and liabilities hereunder, to
prepare for the Authority's organizational meeting, and to direct
the transition of administrative services from the County to the
Authority.
ARTICLE IX.
11 0 NOTICE OF AGREEMENT
1. Initial Notice. Upon the Effective Date of this
Agreement, the Authority shall timely file with the Orange County
Clerk and the Office of the Secretary of State the information
required by Government Code Sections 6503.5 and 53051.
2. Additional Notices. Upon any amendments to this
Agreement, the Authority shall prepare and timely file with the
Orange County Clerk and the Office of the Secretary of State the
information required by Government Code Sections 6503.5 and 53051.
3. Notice to Members. Notice to members shall be deemed
411 given when mailed to them, first class, postage prepaid, or faxed
to the address /or fax no. set out by their signatures.
25.
4. Amendment. This Agreement may not be amended or modified
except by a written agreement signed by all of the members. This
Agreement represents the sole and entire agreement between the
parties and supersedes all prior agreements, negotiations and
discussions between the parties hereto and /or their respective
counsel with respect to the subject matter of this Agreement.
5. Headings. The headings in this Agreement are for
convenience only and are not to be construed as modifying or
explaining the language in the section referred to.
6. Severability. Should any part, term, or provision of
this Agreement be determined by a court to be illegal or •
unenforceable, the remaining portions or provisions of this
Agreement shall nevertheless be carried into effect.
7. No Continuing Waiver. No waiver of any term of condition
of this Agreement shall be considered a continuing waiver thereof.
8. Successors. This Agreement shall inure to the benefit of
and be binding upon any successors or assigns of the members. No
member may assign any right or obligation hereunder without the
written consent of a majority of all of the directors of the Board.
9. No Third Party Beneficiary. The members agree that
except as provided in Article IX, Section 8 above, the provisions 411
of this Agreement are not intended to directly benefit, and shall
26.
411
not be enforceable by, any person or entity not a party to this
Agreement.
IN WITNESS THEREOF, the parties hereto have caused this
Agreement to be executed and attested by their duty authorized
officers as of the date first above written.
27.
Dated: 'EC 8 199; COUNTY OF ORANGE, a political
subdivision of the State
of California
4:
By
t h irmen._ of . its B
Supervisors
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT RAS BEEN
DELIVEA$D TO THE CHAIRMAN or
THE BOARD
A./l - 31.•�uIQ.�1,Q,�� •
A Cler of the Board of Supervisors
County of Orange, California
410
NOTICE TO COUNTY OF ORANGE TO BE
GIVEN TO:
ERNIE SCENE /DER
COUNTY ADMINISTRATIVE OFFICER
P.O. BOX 22014
SANTA ANA, CA 92702 -2014
FAX: (714) 834 -3016
APPROVED AS TO FORM:
TERRY C. ANDRUS, COUNTY COUNSEL
B
Ann E. Fletcher, Deputy
Dated: / /VA
28.
•
Dated: t Mr.. 1 ,3
te
CITY OF BUENA PARK
B 'V
Y
Don R. Griffin, M
ATTEST:
ag e..e.--,u2■ 7"). Ct,--
Alcene Cain, City Clerk
NOTICE TO CITY TO BE GIVEN TO:
• City Manager
City of Buena Park
6650 Beach Boulevard
Buena Park, CA 90620
Phone: (714) 562 -3500 •
Fax: (714) 562 -3599
APPROVED AS TO FORM:
/:% ,r
i t r gy_ t _.
James Markman, Attorney
•
• •
Dated: �/' , CITY OF CYPRESS
By %f
�� 4
ATTEST:
Cit Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Cypress
5275 Orange Avenue
Cypress, CA 90630
Phone: (714) 229 -6688 •
. Fax: (714) 229 -0154
APPROVED AS TO FORM:
, /
City Attorney '
PS2\4821048170- 046012123514. 12/06/94
111
Dated: /I 3! I i c CITY OF DANA POINT
By : ( 1/1 d4 -!D
ATTEST:
( "Law- L . i,Jci... .
City Clerk
NOTICE TO PITY TO BE GIVEN TO:
City Manager
City of Dana Point
33282 Golden Lantern
Dana Point, CA 92629
II I Phone: (714) 248 -9890
Fax: (714) 248 -9920
APPROVED AS TO FORM:
41y ) 1
(& tY attorney
III
Ps2 ■4$2waa»O.O 6 , 1233I4 11r21/94
1 ( — s
. . 1
III
Dated: CITY OF IRVINE
By = Jii/�►
ATTEST:
Ci C 45
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Irvine
One Civic Center Plaza
Irvine, CA 92714
Phone: (714) 724 -6249
411
Fax: (714) 724 -6045
Il r APPR• - 1 AS TO FORM:
0
FS2{482W{8170-046012123514. 12106/94
•
•
Dated: January 24, 1995 CITY OF LAGUNA HILLS
,/t JOEL LATTTENSCHLEGER . MAYOR
ATTEST:
City Cle
MAY A. ? ZLSON
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Laguna Hills
25210 Paseo de Alicia #150
Laguna Hills„ CA 92653
Phone: (714) 707 -2600
Fax: (714) 707 -2614
APPROVED AS TO FORM:
t-tY City Attorn
LOIS E. JEFFREY
111 Signature Page for the Joint Powers Agreement Creating the
Orange County Fire Authority
FS %048170- 0460\2123514. 12/06/94
•
Dated: q&4LCQ aU, /Off" CITY OF LAGUNA NIGUEL
.
By:
ATTEST:
Ci y cler �f /
NOTICE TO CITY TO HE GIVEN TO:
City Manager
City of Laguna Niguel
27781 La Paz Rd.
Laguna Niguel, CA 92656
Phone: (714) 362 -4380
Fax: (714) 362 -4340
APPROV D AS TO FORM:
C
City tto ey /47x.1,
•
PSzu*2 O 11170 S 2Insi4. 11f21l9 •
•
Dated: .,?/2 43- CITY OF LAKE FOREST
Ade
_d440/ .OP f--�-
By:
ATTEST:
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Lake Forest
25422 Trabuco Rd.
Lake Forest, CA 92630
Phone: (714) 707 -5583
• Fax: (714) 707 -5723
APPROVED AS TO FORM:
4, 1^^
Y ` orney
141 x■uwutaaaeownst,. aarnss
•
•
•
•
Dated: February 15, 1995 CITY OF LA PALMA •
/Z.<%k_.h •
By: Mayes
ATTEST:
_ P' i� ( LL! J �J
City Clerk
NOTICE TO CITY TO GIVEN - TO:
City Manager
City of La Palma
7822 Walker Street
La Palma, CA 90620
Phone: (714) 523 -7700
Fax: (714) 523 -7351
410
APPROVED AS TO FORM:
1! / //
i^„11 -/
G
,c}ty Attorney
�I
PS21482\Ota170.046012123514. 11/21/94
•
•
•
Dated: /- 0i3- / S CITY OF LOS ALAMITOS
By: Mayor
ATTEST:
. 47/44
41
Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager a
City of Los Alamitos
3193 Katella Avenue
Los Alamitos, CA 90720
• Phone: (714) 827 -8670
Fax: (310) 493 -1255
APPROVED AS TO FORM:
ki///116
City Attorney
FS2\ \048170.0460■2123514. 12/06/94
•
Dated: liA2. r25, 1 6 1 9- CI:'Y OF MISSION VIEJO
sherri Butterfield
ATTEST:
C ty et
Ivy J. Jossp
NOTICE TO CITY TO BE GIVEN
City of mission Viejo
25909 Pala Suite 150
Mission Viejo, CA 92691
Phone: (714) 470 -3000
Fax: (714) 470 -9140
41/
APPROVED AS TO FOLD[:
if,4
City Attorney
Peter Thorson
PIIMMIi:74a1MIL21114. l:AUA.
•
•
Dated: CITY OF PLACENTIA
BY: FAY c
ATTEST:
iiii1/ -
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Administrator
City of Placentia
401 E. Chapman
Placentia, CA 92670
Phone: (714) 993 -8117
• Fax: (714) 961 -0283
APPROVED AS TO FORM:
6 2 1-le - C 13
City Attorney
PS2 12/06/94
•
Dated: February 1, 1995 CITY OF SAN CLEMENTE •
coAritz-c Ektrt,
. ,, ,I
By: Mayor
ATTEST: -
6h )
City erk il 42.-
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of San Clemente
100 Avenida Presidio
San Clemente, CA 92672
Phone: (714) 361 -8322 ,
Fax: (714) 361 -8285 •
APPROVED AS TO FORM:
tirt re
y
PSIua2wu170.046012123514. urns
•
410
Dated: February 1, 1995 CITY OF SAN JUAN CAPISTRANO
By: Carol Nash, Mayor
ATTEST:
City Cleri /
NOTICE TO CITY "TO BE GIVEN TO:
City Manager
City of San' Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Phone: (714) 443 -6315
w Fax: (714) 493 -1053
•
APPROVED AS TO FORM:
�f t Atto n y
2r1/ ?s*
• 123 \048170 - 046012123514. 12/06/94
•
3. Notice to Members. Notice to members shall be deemed 0
given when mailed to them, first class, postage prepaid, or faxed
to the address /or fax no. set out by their signatures.
4. Amendment. This Agreement may not be amended or modified
except by a written agreement signed by all of the members.
5. Headings. The headings in this Agreement are for
convenience only and are not to be construed as modifying or
explaining the language in the section referred to.
6. Severability. Should any part, term, or provision of
this Agreement be determined by a court to be illegal or
unenforceable, the remaining portions or provisions of this
Agreement shall nevertheless be carried into effect.
7. No Continuing Waiver. No waiver of any term of condition
of this Agreement shall be considered a continuing waiver thereof.
IN WITNESS THEREOF, the parties hereto have caused this
• Agreement to be executed and attested by their duty authorized
officers as of the date first above written.
• MAYOR, City of Seal Beach
-
!"-\,
ATTEST:
)t)
(/ - �
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
•
FS21482 \048170- 0460\20R4R94.4 09/22/94 -18-
•
Dated: January 24, 1995 CITY OF STANTON
•
0 +
By: Harry A. Do so .1 n. Mayor
ATTEST:
/
t C1- '
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Stanton
10660 Western Avenue
Stanton, CA 90680
Phone: (714) 379 -9222
110 Fax: (714) 890 -1443 .
APPROVED AS TO FORM:
- 1 / 14 / 10/7
City Attorney
F321482104817a-046012123514. 11/21/94
Oh
•
•
Dated: SEC 6 1994 COUNTY OF ORANGE, a political
subdivision of the State
of California
By 1/007,034,
Chr+i rmAn _of _its B
Supervisors
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD
Mig.. I Cler of u the Board of Supervisors
411 County of Orange, California
NOTICE TO COUNTY OF ORANGE TO. BE
' GIVEN TO:
ERNIE SCHNEIDER CITY OF TUSTIN
COUNTY ADMINISTRATIVE OFFICER
P.O. BOX 22014 / / //
SANTA ANA, CA 92702 -2014
�i�li ✓t a -� -' L _' -
FAX: (714) 834 - 3018 THOMAS R. S.t ARELLI, MAYOR
•
APPROVED AS TO FORM: ATTEST:
TERRY C. ANDRUS, COUNTY COUNSEL
By v LERK
Ann E. Fletcher, Deputy
Dated: / /I /9 s
28.
Dated: January 24, 1995 CITY OF VILLA PARK
• By:
ATTEST:
Rity CYerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Villa Park
17855 Santiago Blvd.
Villa Park, CA 92667
II! Phone: (714) 998 -1500
Fax: (714) 998 -1508
APPROVED AS TO FORM:
n--
Assistant C ity Attorney L v ��
•
• PS2\482\0411170d16012123$14. 11/21/94
- S
r ,
•
DATED: c- / / /9 5 S CITY OF YORBA LINDA
By: (7 4.pj
Daniel T. Welch, Mayo
City of Yorba Linda
ATTEST:
City Cler
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92686
Phone: (714) 961 -7100 411
Fax: (714) 961 -7101
APPROVED AS TO PORN:
City gr torney
•