City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt a Resolution: (1) approving the Los
Angeles Regional Interoperable Communications System Joint Powers Agreement
(“LA-RICS JPA”), thus authorizing the City's membership in the LA-RICS Authority;
and (2) authorizing the City Manager to execute the Joint Powers Agreement.
BACKGROUND:
Following the events of September 11, 2001, the National 9-11 Commission, in its
report to Congress and the President, identified a very serious weakness in our
various metropolitan areas' ability to respond to regional crises and disaster-type
events: the lack of interoperable communications. As a result, a steering committee
was created to further the creation of a "Los Angeles Regional Interoperable
Communications System" (“LA-RICS”) for the purpose of developing and
implementing a modern, integrated wireless voice and data communications system
that will support the communication needs of the more than 34,000 first responders
and local mission-critical personnel within the Los Angeles county region.
The idea behind the project is to have a county-wide public safety communications
system that allows for improved communications among the various public safety
agencies that operate in the region. Currently, local and regional police and fire
departments do not have inherent capabilities for inter-agency communications.
While ad hoc and other significant, locally designed systems (such as the
Interagency Communications Interoperability System or "ICIS," of which Culver City
Meeting Date: 02/23/2009 Item Number: A-2
AGENDA ITEM: Adoption of a Resolution (1) Approving the Los Angeles
Regional Interoperable Communications System Joint Powers Agreement (“LA-
RICS JPA”), thus Authorizing the City's Membership in the LA-RICS Authority;
and (2) Authorizing the City Manager to Execute the JPA Agreement.
Contact Person/Dept.:
Jeff Eastman, Fire Chief;
Don Pedersen, Police Chief
Phone Number:
(310) 253-5900
(310) 253-6100
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [x] Attachments: [x]
Public Notification: Master E-Mail Notification List (02/18/09)
Department Approval:
Jeff Eastman, Fire Chief (2/12/09)
Don Pedersen, Police Chief (2/12/09)
City Attorney Approval:
Carol A. Schwab (by Lisa Vidra 2/12/09)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (02/18/09)
City Manager Approval:
Jerry B. Fulwood (02/18/09) City of Culver City, California
City Council Agenda Item Report
is a member) provide interagency communications among certain cities, a true
county-wide system does not currently exist. A major concern is that in the event of a
significant disaster or calamity, when inter-agency communication is most needed,
the current system(s) will not allow for sufficient coordination between the various
law enforcement and fire departments that operate in the County.
DISCUSSION:
For the past two and one-half years, the LA-RICS Steering Committee has been
meeting to review the technical and governance issues associated with maintaining
and operating a regional interagency communications system for the benefit of all
communities in Los Angeles County. The Steering Committee is comprised of fire
and police representatives from the City of Los Angeles, the County of Los Angeles,
ICIS, and various other cities. Culver City Fire Chief Jeff Eastman serves on the
Steering Committee. Additionally, the Committee also includes city manager
representatives from the California Contract Cities and Independent Cities
Associations.
More recently, the LA-RICS Steering Committee drafted and is now recommending a
Joint Powers Agreement (JPA) that will form the LA-RICS Authority. A working
group of city and county attorneys from throughout Los Angeles County, including a
representative from the Culver City City Attorney’s office, met almost weekly for a
period of six months to refine the terms of the JPA.
On August 19, 2008, the Los Angeles County Board of Supervisors initially approved
the JPA. The Los Angeles City Council approved the JPA on December 16, 2008,
with 3 minor changes. The Board of Supervisors gave final approval on February 3,
2009. Additionally, both the Los Angeles County Fire Chiefs Association and Los
Angeles County Police Chiefs Associations have endorsed the JPA.
The JPA approval process requires that cities wishing to become "Member Cities" of
LA-RICS must approve the JPA document within 45 days following both the
County's and City of Los Angeles' execution of the JPA. The 45 day period
commenced on February 4, 2009. Accordingly, the deadline to approve the JPA and
become a Member City without prior approval is March 21, 2009.
JPA Key Points
Under the JPA, the Authority will possess the following powers related to LA-RICS:
(1) To make and enter into contracts, including but not limited to,
agreements for the purpose of acquiring real and/or personal property,
equipment, employment contracts and professional services City of Culver City, California
City Council Agenda Item Report
agreements;
(2) To make and enter into contracts with subscribing agencies who
desire to utilize the System for their primary radio communications or
affiliates who desire to utilize the System only for mutual and/or
automatic aid;
(3) To acquire, construct, maintain, and operate a telecommunications
systems or service and to provide the equipment necessary to deliver
public services thereby;
(4) To acquire, construct, manage, maintain or operate any building,
works or improvements;
(5) To acquire, hold, lease, or dispose of property;
(6) To sue and be sued in its own name;
(7) To apply for, receive and utilize grants and loans from federal, state
or local governments or from any other available source in order to
pursue the purposes of the Authority;
(8) To issue bonds and to otherwise incur debts, liabilities and
obligations, provided that no such bond, debt, liability or obligation shall
constitute a debt, liability or obligation to the individual respective
Members;
(9) To invest any money in the treasury, which is not required for the
immediate necessities of the Authority, as the Authority determines is
advisable, in the same manner and upon the same conditions as local
agencies, pursuant to Section 53601 of the California Government
Code; and
(10) To promulgate, adopt, and enforce any rules and regulations, as
may be necessary and proper to implement and effectuate the terms,
provisions, and purposes of this Agreement.
Funding Plan
In order to encourage maximum participation by all cities in Los Angeles County, the
JPA is set up so that no financial commitments will be required of participating
Member Cities until such time that the newly established Board of Directors adopts a
funding plan identifying short and long term capital, operations and maintenance
requirements. It is anticipated that the funding plan will be developed within nine
months following the Authority's establishment. All of the Authority's members will City of Culver City, California
City Council Agenda Item Report
have the opportunity to participate in the development of the funding plan and to
identify and assess members' various abilities to contribute resources, including
financial, staffing, equipment, infrastructure or other contributions.
If, at any time prior to the adoption of the funding plan, a Member agency feels that it
cannot contribute the identified resources or that it would not be in its best interest to
continue participating in the LA-RICS system, that agency may terminate its
membership without financial contribution or penalty.
While initial estimates indicate that LA-RICS will cost between $485 million and $630
million, the actual cost to implement LA-RICS will not be known until a Request for
Proposals (RFP) for the build-out of the system is released and bids are received. To
the fullest extent possible, grant funding will be sought to fund this project; in fact,
the regional stakeholders have agreed that 60 percent of all Urban Area Security
Initiative (UASI) grant funding for the region will be dedicated to LA-RICS. Thus far,
the Steering Committee has spent over $9 million in funds from the City and County
of Los Angeles toward the development of the LA-RICS system.
Nonetheless, despite the expected availability of future UASI and other grants,
undoubtedly, additional financial resources will be needed to complete funding of LA-
RICS. Member agencies will be able to take part in the development of the funding
plan, which will give them the opportunity, as stated above, to terminate its
membership without financial contribution or penalty if such Member agency feels
that it cannot contribute the identified resources.
Staff will report back on the status of the LA-RICS Authority prior to the adoption of
the funding plan with a recommendation on whether to continue the City's
membership in the JPA at that time.
Governance Structure
As per the JPA, the composition of the Governing Board of Directors, none of whom
shall be elected officials (other than the Sheriff), shall be as follows:
1. The City of Los Angeles City Administrative Officer
2. The City of Los Angeles Fire Chief
3. The City of Los Angeles Police Chief
4. The City of Los Angeles Chief Legislative Analyst
5. The County of Los Angeles Chief Executive Officer
6. The County of Los Angeles Fire Chief
7. The Sheriff of Los Angeles County
8. The County of Los Angeles Department of Health Services Director
9. The Los Angeles Unified School District Police Chief
10. City of Long Beach representative City of Culver City, California
City Council Agenda Item Report
11. Los Angeles Area Fire Chiefs Association representative
12. Los Angeles County Police Chiefs Association representative
13. California Contract Cities Association representative
14. At-Large Member City representative
15. At-Large Member City representative
16. At-Large Member City representative
17. At-Large Member City representative
Within fifteen days of the effective date of the JPA, At-Large Directors and
Alternate Directors shall be selected by a majority vote of the Member Cities
(excluding the cities of Los Angeles and Long Beach) at a special "selection
meeting" to be convened. The At-Large Directors shall be selected as follows:
• One At-Large Director (and one Alternate Director) must represent a
Member City that operates both independent police and fire departments;
• Two At-Large Directors (and two Alternates) must represent Member
Cities that operate an independent police department and/or an independent
fire department; and
• One At-Large Director (and one Alternate Director) must represent a
Member City not otherwise represented on the Board.
Conclusion
Currently, Culver City is a member of ICIS, which provides communications
coverage throughout most of the county. Culver City has significant resources in the
ICIS system, including equipment and infrastructure. However, the 21 different
agencies using the ICIS system represent only a fraction of the public safety
agencies in Los Angeles County. CCFD and CCPD support the LA-RICS concept of
a county-wide system, as do the other ICIS cities.
In light of the benefits and opportunities to help shape the policies and
financial/resources planning of the LA-RICS Authority, coupled with the fact that
there is no financial commitment or obligation from the City until such time as a
"funding plan" has been adopted by the Authority (thus giving the City ample
opportunity to evaluate and assess the Authority's financial structure and the
City's potential future resource liability, all-the-while retaining the ability to "opt-
out" of the Authority at any time up to the adoption of the funding plan), it would
seem that there is no "down-side" to becoming a LA-RICS Member City at this
time. In fact, with the upcoming establishment and selection process of the Board City of Culver City, California
City Council Agenda Item Report
of Directors, it is important that the City has a voice in determining who will
represent the city's interests.
Therefore, staff recommends that the City Council adopt the attached Resolution.
FISCAL ANALYSIS:
Adoption of the resolution would continue the City’s participation in the development
of a county-wide communications system. This participation would take the form of
staff participation in meetings, including the potential election of a Culver City
representative to the Board of Directors. Such participation can be achieved with
existing staff resources. As mentioned above, the City Council will be presented
with the funding plan for the JPA upon its creation by the Board of Directors. At that
time, and prior to becoming obligated to participate in the funding plan, the City
Council will have an opportunity to withdraw from the JPA.
ATTACHMENTS:
1. LA-RICS Joint Powers Agreement
2. Proposed Resolution 2009-R___
MOTION:
That the City Council:
Adopt a Resolution (1) Approving the Los Angeles Regional Interoperable
Communications System Joint Powers Agreement, thus authorizing the City's
membership in the LA-RICS Authority; and (2) Authorizing the City Manager to
execute the Joint Powers Agreement; and,
MEETING DATE: February 23, 2009
AGENDA ITEM: Adoption of a Resolution (1) Approving the Los Angeles
Regional Interoperable Communications System Joint Powers Agreement ("LA-
RICS JPA"), Thus Authorizing the City's Membership in the LA-RICS Authority;
and (2) Authorizing the City Manager to Execute the JPA Agreement.
ATTACHMENTS
Pages
1. LA-RIGS Joint Powers Agreement
1-24
2. Proposed Resolution 2009-R
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901The Los Angeles Regional Interoperable Communications System Authority
Joint Powers Agreement
Table of Contents
RECITALS ........
Article - GENERAL pRoyispNs . . . ..... ...... ..
1.02 Creation of Authority ......._ ... .2
1.03 Membership in the Authority
Article II - Board of .. .. ____3
2.01 Composition of the Board .....
2.02 Appointment Of Directors .... .... . ... ._._________ .....
2.03 Purpose of Board__________ .. . ..... . . ...... .. ..... _______ . . . . . . .
2.04 Specific Responsibilities of the Board
2.05 Startup Responsibilities
2.06 Meetings of the Board... .............. 7
2,07 Minutes............_..,, 7
2.08 Voting__
2,09 Quorum; Required Votes; Approvals. .7
Ale JU OFFICERS., EMPLOYEES AND ADVISORY COIVIIVIITTEE.
7S 8
. 3.01 Chairperson,. Vice-Chairperson:and Secretary,. . • . . . ...
.3.02
3.03 Au.ditor . .. . . . .
3 04 Biqncli .n .g. of Persons Having Access to Property. ... .. • .... . . . .
3,05 Other Employees. . ....... ..... . „ ...9
3.06 :Privileges and Immunities from
.3.07 Advisory CoMrnittees. 3 08 •Membership . of Advisory Committees..: ... . .. .. . . .
3.09 rV.Iestings.of Aavisory Committees .. ... .
3:10 Officers of Advisory Committees: ... . . ... . .10
Article
4.01 General Powers. .
4.02 Power to Issue Bonds
4_03
4.04 Limitation on Exercise of Powers . .. .. .12
4.05 Obligations of Authority. 4.06 Additional Powers to be Exercised. ......... ..... ....... ...,12
LA-RICS JPA 2009-01-05The Los Angeles Regional Interoperable Comniunications System Authority
Joint Powers Agreement
Table of Contents
Article V - CONTRIBUTIONS; ACQ.W.NTS. AND REPORTS;.
5.01 AdOption of FUnding .
5.•02 GontributionS. . . . ... . ...
5,03 Accounts. and Reports : • . .. .
5.04
5.05 .8-haring Of Frequencies.
5.06
5.0.7 . , . ... . .. .14
5.08 Adverse fat-pads .....
ArticieVl WITHDRAWALAND TERMINATION
6.01 Withdrawal by Member% „ . . . . .....
6.02 'Financial Liabilities of Withdrawing Members...„ 6
.6.03 Retention of Assets by Withdrawing Members . .... . _ . . .
6.04 Termination of Authority and' Disposition of Authority Assets: 16
Article VII - MISCELLANEOUS PROVISIONS__
7.01 Notices
17
7_02 Amendment; Addition of Members. .....
7.03 Fiscal Year ..... _______ .. .
7.04 Consents and Approvals. ................... . ... . ... . . .. . .„. . .. 18
7.05 Amendments to Act. 7„06 Enforcement of Authority. .18
7.07 Severability ...... .. - . -•—•••••••• ... .....
7.08 Successors. . . ... .. 19
7.09 Assignment
19
7.10
7.11 . . . . ... .......,... . . ..... ........
7.12 Counterparts .. ....„._„_ .. . ..... _____________ . .
7.13 No Third Party Beneficiaries, . ... . ..19
7.14 Filing of Notice of Agreement. ....
7.15 Conflict of Interest Code
7.16 Indemnification. ... . ... . . ..... . . . ... .
7.17 Dispute Resolution/Legal
Exhibit A — Members
LA-R ICS JPA 2009-01-05
.3Joint Powers Agreement to Establish
The Los Angeles Regional
Interoperable Communications System Authority
THIS JOINT POWERS AGREEMENT (the "Agreement") is made as of the E e ive
Date by and between the public agencies set forth in Exhibit A.
Each public agency executing this Agreetnent Shall be referred to individual y as
"Member,": with all referred to collectively as "Members."
RECITALS
Whereas the Members require wide area and interOperable COMmunitatiOns, and
Members acting independently have limited resources to Construct a communications
network providing these capabilities; and
Whereas the Moilterp- have : determined : that :working in concert :to Share radio
communications :resources is in the public interest as doing SowoUld,proVide the Most
effective and economical radio communications network for altparticipating public
agencies; and,
Whereas the Members agree :th.attheicolleetive goal isto evaluate, eStabliSh.,.,and:.
:participate in a . public :safeti radio network to meet or enhance current public safety
radio cOniniunibationtrieeds.of :Members:and to provide an,arbhitectUre . Ca.pable Of
expanding to meet future needs,
Whereas, the Members havel the authority under the Joint Exercise of Powers Act, in
California Government Code Section 6500 et. seq., (the "Acr) to enter into this
Agreement.
NOW, THEREFORE, in consideration Of the recitals and IT1:Utual.Obiigatiofls of the
Members as herein contained, the Members agree as follows:
Article I - GENERAL PROVISIONS
1.01 Purpose.
This Agreement is to create an agency to exercise the powers shared in common by its
Members to engage in regional and cooperative planning and coordination of
governmental services to establish a wide-area interoperable public safety
communications network (hereinafter referred to as the "Los Angeles Regional
Interoperable Communications System", "LA-RICS", or the "System"). As part of this
LA-RCS „IPA 2cloa-ai-os
Page 1Joint Powers Agreement
L.ARICS
purpose, Members Will seek to meet or enhance the current public safety
communications needs with a System capable of expanding to meet future needs;
develop funding mechanisms; and resolve technical and operational issues in the
development and management of the System. Such purposes are to be accomplished
and said common power exercised in the manner hereinafter set forth.
1.02 Creation of Authority.
Pursuant to the Act, the Members hereby create a public entity to be known as the "Los
Angeles Regional Interoperable Communications System Authority (hereinafter, the
"Authority"). The Authority shall be a pUblic entity iseparateand apart from the Members
who shall administer this Agreement. The jurisdiction of the Authority shall be all
territory within the geographic boundaries of the Members; however the Authority may
undertake any action outside such geographic boundaries as is necessary and
incidental to the accomplishment of its- purpose.
1.03 Membership in the Authority.
Participation in the Authority is limited to public agencies, as defined by the Act, in the
greater Los Angeles area that have approved and executed this Agreement, and
contributed resources of any kind toward the construction arid/or on-going operation of
the System (including, but not limited to financial, personnel, frequency, equipment,
radio site, real estate or other resources), as approved by the Board of •Directors.
1.0.4 Term.
This Agreement shall bebome . effeCtiVe ., .and theAuthority. Shall .comeintoexistente,
when each Of the following ecOUrS (the 'Effective Date"):
(a) The:Agreement ...IS -authorized and executed by the'City oftos Angeles and the
County of Los.Ang &es:. and
(10 ) Forty-five days has elapted .:afterthe authorization and execution of the
Agreement by both the City of .LOSAngeleS and COunty. Of Lbs. Angeles
Prior to the Effective Date, public agencies may become Members of the Authority,
without Board approval, by adoption and execution of this Agreement. After the
Effective Date, membership is subject to approval by the Board as set forth in Section
7.02(a) of this document.
LA-RICS 3PA20090-1 ,-05
Page 2Joint Powers Agreement
LA-RICS
Article 11 - Board of Directors.
2.01 Composition of the Board
The Authority shall be administered by a Board of Directors (the "Board') consisting of a
minimum of eight (8) Directors and not more than seventeen (17) Directors identified by
the following appointing authorities:
1 The City of Los Angeles City AdMiniStrative Officer
2, The City of Los Anaeles Fire Chief
a. The City of Les Angeles Police Chief
4. The City of Los Angeles. Chief LegistativeAnalyst
The county of Los Angeles Chief Executive Officer
The County Of Los Angeles Fire Chief
The Sheriff of Los Angeles County
The CoLtrity Of Los Angeles Department of Health Services Director
The Los Angeles Unified School DiStriet : Police Chief
1:0. The City Of Long Beach
11. The Los Angeles Area Fire Chiefs Msociation
12, The Lot Angeles County Police ChiefS.Assodiatien
13,. The California Contract Cities Association
14. At Large,
15, At Large
16. At Large
17._At Large
2.02 AppOintment. of Directett
(a) Each of the officials listed in 1 through 9 above may appoint one 'Director and.
one Alternate Director to the: Board When the agetfq such official representS
becomes p Member.
(0) The : City Of. Long Beach may appoint one: Director and :oneAlte.mate Director to
the Board when the City of Long
each
betonieS, P. Member.
(0) Each of the Associations listed in .11 and 12 above May appoint one Director
and one Alternate Director to the Board when at least one member of their
respective Association becomes a Member of: theAutherity.
(d) The Califernia Contract Cities AsSeetation may appoint one Directer and one
Alternate Director to the Board when at least one :member of the Association
becomes a Merriberof the Authority. In order to participate in the se:led:ion process,
Association members Mutt alsobe Mernbers.of the Authority.
LA-RICS JPA 2009-01-05
Pag e 3Joint Powers Agreement
.
LA-RI:CS
(e) At Large Directors and Alternate Directors shall-be selected by a majority vote
of Member cities, other than the Cities of Los Angeles and Long Beach, as follows:
(1) One At Large Director (and one Alternate Director) must represent a
Member city that operates both independent police and fire departments:
(2) Two At Large Directors (and two:Alternates) must represent Member
cities that operate an independent police department and/or an independent
fire department and
(3) One At Large Director (and one Alternate Director) must represent a
Member city not otherwise represented on the Board
(f) Wthin fifteen (16) days after the Effective Date, eligible Member cities shall
endeavor to meet and provide for the selection of the At Large Directors and
Alternate Directors, and all other entities shall endeavor to appoint their Directors
and Alternates. The logistics for filling the At Large Director and Alternate Director
vacancies shall be provided for in the:bylaws.
(g) At the time of appointment and for the duration of service; Directors and
Alternate Directors shall be employees or officers of Members. All Directors and
Alternate Directors shall be non-elected officials, with the sole exception of the Los
Angeles County Sheriff.
(h) The term of office of each Director and Alternate Director shall be two years, o
until a successor has been appointed. Directors and Alternate Directors may serve
an unlimited number of terms.
(i) No Member can hold more than one seat on the Board Concurrently, except that
the County of Los Angeles and the City of Los Angeles can hold the Board seats
designated by the eight individuals listed in items 1 through 8 in Section 2.01.
(i) An Alternate Director rnay act in their Director's bsente and shall exercise ail
rights and privileges of a Director.
(k) Each Director and each Alternate Directorshall seivest the pleasure of the
appointing authority and may be removed by the appointing authority at any time
without notice.
(I) Notice of any removal or appointment of .a Director or Alter ate Director shall be
provided in Ewnttng.to the Chair of the Board.
2.03 Purpose of Board.
The general purpose of the Board is to:
LA-RiCS JPA 2009-01-0s
Page 4Joint Powers Agreement
LA-RICS
(a) Provide structure for administrative and fiscal oversi ght
(b) identify and pursue . fUnding. sources;
(d) Set polidy;
(d) :Maximize the Utilization of available resources; and
(e) Oversee all Committee activities'.
Z .4 Specific 'RespOritibitities of the Board,
The specific responsibilities of the Beard shall be as follows::
(a) Identify participating entities needs •and ireqUirements;
(b) Develop and irriplement a funding plan (the "Funding Plan") ffor the 'construction
and on-going operation Of a:shared voice and data system;
(c) Formulate and adopt the budget prior to the commencement of the fiscal year;
(0) Hire necessary and :sufficient staff and adopt:personnel - rules and regulations;
(é) Adopt rules for procuring supplies, equipment and Serviees",
(f) Adopt ru s for thedisposal of surplus ptoperty;
(g) Establish committees as necessary to ensure that the:interests:and•concerns of
each user agency are represented and to ensure operatibnal, technical and financial
issues; are thoroughly researched ww priOlyzet
(0) Provide for System Implementation and monitoring:,
(i) Determine the most appropriate and cost effective maintenance plan for
System';
(j) Provide. for System :rnaintenance;:
(k) Adopt anti revise System . operating po idles and procecitire, 'as Well as
technical and maintenance requirements;
(I) Review and adopt recommendations regarding:the establishMent SyStem
!priorities and talk .groups;
(m) Address concerns of all System. user agenciek
(n) Oversee the establishment of long-range planS;,
LA-RCS „IPA 2G09-01-05
Page ,5Joint Powers Agreement
LA-R1CS
(o) Conduct and oversee System audits at intervals not to exceed three years;
(p) Arrange for an annual independent fiscal audit;
(q) Adopt such bylaws, rules and regulations as are necessary for the purposes
hereof; provided that nothing in the bylaws, rules and regulations shall be
inconsistent with tills Agreement; and
(r) Discharge other duties as appropriate or required by statute.
2.05 Startup Responsibilities
The Authority shall have the duty to do the following within the specified tirnefrarne or, if
no time is specified, within a reasonable time:
(a)
To establish within three (3) months of the Effective Date of this Aoreement the
Advisory Committees designated in Section 3.07;
(b) To use : its best : efforts to develop and adOpt Within nine: (9). months Of the
Effective Date of this Agreement:
(it) A plan specifying a Means or formula for deerinining: the timing and
sequencing of construction of the System consistent with the functional
specifications; and
(2) A Funding Plan specifying a means or formula for funding the
construction, operatio.n and maintenance of the System; such Funding :Plan
shall include an allodation of cOstt among the :MerriberS, subscribers, and:
otherfUnding spOrces;
(c) . To establish System participation pricing including start-up costs, and ongoing
Subscriber/Member unit Pricing to cover System Operations, technical upgrades:. and
System: replacement reserves;
(d)
To encourage other governmental and quasitgovernmentai agencieS:,ncluding
but not limited to, the State and Federal government, and special distriCts, to
participate in LA-RICS;
(e) To establish policies and procedures for the voluntary :transfer and/or Sharing of
assets from Members;
(f) • To retain legal counsel; and
(g) To evaluate the need for, acquire nd maintain necessary insurance.
LA-RCS PA 2009-01-05
Page 6Joint Powers Agreement
LA-RICS
2.06 Meetings of the Board.
(a) Regular Meetings. The Board shall provide for its regular meetings provided,
however, that at least one regular meeting shall be held quarterly. The date, hour
and location of regular meetings shall be fixed by resolution of the Board and a copy
of the resolution shall be transmitted to each of the Members.
(b) Special Meetings. Special meetings of the Board may be called by the Chair or
as•provided for in the bylaws.
(c) Call, Notice and Conduct of Meetings. All meetings of the Board, including
without limitation, regular, adjourned regular and special meetings, shall be called
noticed, held and conducted in accordance with the provisions of the Ralph M.
Brown Act (commencing with California Government Code section 54950) As soon
as practicable, but no late; than the time of posting, the Secretary shall provide
notice and the agenda to each Member, Director and Alternate Diredtor,
(d) First Meeting. The first meeting of the Board shall be no sooner than fifteen
(15) days after the Effective Date.
2.07 Minutes.
The Secretary shall cause to be kept minutes of the Meetings Ofthe:Board.and shall as
.soon as practicable after each .meeting, cause a . copy of the rriinutestb .be. made
.available to each Director,. the Members and other parties upon request
2 .,08 Voting.
All voting : power of the Authority shall reside in'the .:Board. Each Director shall have one
vote, An Alternate Director may participate and vote in the proceedings of the Board
only in the absence Of that Alternate's Directbr, No absentee ballot or 'proxy shall be
permitted,
2.09 CtoOrtirti , Required Votes; Approvals.
A majority of the appointed Directors Shalt ConStitute a quorum Of the.:Boardthr.the
transaction . of business except that less than a quorum or the Secretary may adjourn
meetings of the .Board from time-to--time The affirmative votes of a :majority of the
appointed Directors shall be required to take any action by the Board, except; two-thirds
vote (or such greater vote as required by State law) of the appointed Directors shall be
required to take any action on the following:
(a) Establish start-up contributions from Members;
(b) Adopt a Funding Plan;
LA-RICS JPA 2009-01-05
Page 7Joint Po e s Agreement
LA-RICS
(c) Subject to prior approval by the passage of an authorizing ordinance or other
legally sufficient action by the affected jurisdiction, levy and collect, or cause to be
collected, communication impact fees on new residential, commercial, and industrial
development, as authorized by local, state, and federal law;
(d) Change the designation of Treasurer or Auditor of the Authority;
(e) Issue bonds or other forms of debt;
(f) Adopt or amend the bylaws; and
(g) Subject to prior approval by the passage of an authorizing ordinance or other
legally sufficient action by the affected jurisdiction, exercise the power of eminent
domain.
Art
OFFICERS EIVI .P LOYEE$ AND ADVISORY COMMITTEES
.3.01 C hairpert on,. Vice-Chairperson and Secretary
For each fiscal year the Board Shall elect a Chairperson and Vice-Chairperson from
among the Directors, and shall appoint a Secretary,: who need:not:be a :Director., in the
event that the Chairperson, the .: Vite-C.h.airperson: or Secretary so elected. resigns from
such office or his/her represented Member ceases to be a Member of the Authority, the
reufting vacancy shall be filled at the .neXt. reg(ilarhrieeting of the Board hold after .such
vacancy occurs or as soon as .praCtiCablethereafter. Succeeding officers shall i.perfOrM:
the duties normal:to said officeS. The Chairperson shall sign all contratts . Dn ..behalf of
the Authority, and thatl perforrn .suCh other dutiet at . they ...be imposed by the Board. In
the absence of the Chairperson. , the .Vi0e chairpersOn. shall sign contracts and :perfOrm.
all of the . Chairperson's duties.
102 Treasurer.
The Treasurer and Tax Collector of the County of Los Angeles shall be the Treasurer of
the Authority. To the extent permitted by the Act, the Board may change, by resolution,
the Treasurer of the Authority.
The Treasurer shall be .:the:depository,.shall have custody of-the::accounts, funds and
money of the Authority from whatever source, and shall have the duties and obligations
set fotth in the Act. FOr grants awarded to Members or third parties for use with the
System, the Treasurer will work with the Met-fiber or third Party to put in place
appropriate fiscal controls to meet the grant requirements:.
LPRCS JPA 2009-01-05 Page 8Joint Powers. Agreement
LA,RICS
3.03 Auditor.
The Auditor-Controller of the County of Los Angeles shall be the Auditor of the
Authority To the extent permitted by the Act, the Board may change, by resolution, the
Auditor of the Authority.
The Auditor shall perform the functions of auditor for the Authority and shall make or
cause an independent annual audit of the accounts and records of the Authority by a
certified pubric accountant, in compliance with the requirements of the Act and generally
accepted auditing standards.
3.04 Bonding of Persons Having Access to Property.
Pursuant to the Act, the Board shall designate the public officer or officers or person or
persons who have charge of, handle, or have access to any property of the Authority
and shall require such public officer or officers or person or persons to file an official
bond in an amount to be fixed by the Board.
3.05 Other Employees.
The Board shall have the power by resolution to appoint and employ such other officers,
employees, consultants and independent contractors as may be necessary to carry-out
the purpose of this Agreement
3.06 Privileges and Immunities from Liability,
All of the privileges and immunities from liability, exemption from laws, ordinances and
rules, all pension, relief, disability, workers' compensation and other benefits which
apply to the activities of officers, agents or employees of a public agency when
performing their respective functions shall apply to the officers; agents or employees of
the Authority to the same degree and extentwhile engaged in. the performance of any of
the functions and other duties of such officers, agents or employees under this
Agreement. None ofthe officers; agents or employees directly employed by the Board
shail be deemed, by reason of their employment by the Board to be employed by the
Members or by reason of their employment by the Board, to be subject to any of the
requirements of the IVIembers.
3.07 Advisory Committees.
The Board shall establish the following Advisory committees:-
(a)
Operations Commit -ea — The Operations Committee's primary purpose is to
review and recommend to the Board operating policies and procedures that will
ensure the System resources are used efficiently tp meet the needs of all Members.
(b)
Technical Committee — The Technical Committee's primary purpose is to
review and recommend to the Board policies and procedures related to System
performance, maintenance and other technical issues.
LA-RICS ,IPA 20 -0 Pag e 9Joint Powers Agreement
LA-FZICS
(c) Finance Committee — The Finance Corrirnittee's primary purpose•is to review
and recommend to the Board:
(I) The Funding Parr
(2) A fiscal year budget; and
(3) Financial policies and procedUrestO ensure equitable contributions by
Members.
(d) LegiiSlatiVe Cortirnittee-:,‘ The Legislative Corninittee'S .priMary purpose is to
review and recommend to the Board a plan for securing funding froin State and
federal governments and to:advise :Abe . Bo.ard .on...regulatory and legislative matterS.
3.08, Membership of Advisory Committees.
Each Director shalt .:appointone .voting .member to each .Advisory Committee
3.09 Meetings of Advisory Committees.
.Alirneetingsof each Advisory Committee shall be WO in accordance With the Ralph M,:
Brown. Act For the .purposes: Of .convening Meetings and conducting :business, : unless
OtherWise previOed.in the bylaws .,a.Majority of the 'inernberS Of the committee shall
constitute a quorum for the transacticnof.buSineSs .c .0(cept thati :jetSthan 8 (111.0tU.n1
theisecretary .oleach .Advisory...COmmittee may-adjourn meetingsfrom time-to-time. AS
soon as practicable; but no laterthanthe time of posting ; the Secretary of the
committee Shall provide notice and the . agenda...to each Member, Director arid Alternate
Director.
3.10 Officers Of Advisory CothriiitteeS.
.1) .nlessotherwise determined by the Board each Advisory committee sba:ii choose.itS.
officers, comprised . of :aChairperson,:a Vice-Chairperson and .aSecretary.
Article IV - POWERS
4.01 Powers:
The Authority shall have the powers CoMMOri to the Members . and Whith are necessary.
or convenient to the accomplishment of the purposes of this Agreement; subject to the
restrictions set forth in Section . 4.04. As provided in the Act; the Authority shall be 8
public entity separate from the Members.
4.02 .Power to Issue Bonds:
The Authority shall have all of the powers .provided in Articles 2 and 4 of chapter 5,
Division 7, Title 1 of the California Government Code; Ind:tiding the power to issue
bonds thereunder.
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/3Joint Powers Agreement
iN LA-R1CS
4.03 Specific Powers.
The Authority is hereby authorized, in its own name, to perform all acts necessary for
the exercise of the foregoing powers, including but not limited to, any or all of the
following:
(a) To make and enter into contracts, including but not limited to, agreements for
the purpose of acquiring real and/or personal property, equipment, employment
contracts and professional services agreements;
(b) To make and enter into contracts with subscribers who desire to utilize the
System for their primary radio communications and affiliates who desire to utilize the
System only for mutual or automatic aid;
(o) To acquire, construct, maintain, or operate telecommunications systems or
service and to proVide the equipment necessary to deliver public services therefrom;
(d) To acquire, construct, manage, maintain or operate any building, works:or
improvements;
To acquire, hold, lease; or dispose of property;
To employ or engage contradors, agents, orernployees;
To sue and be sued In its own name;
(h) To: apply fee receive and utilize :grants and loans from federal, state
or
local
governments or frornany other available sottete in order td...pursue .the purpOsee of
the Authority:
:(i) To istlie bends end to otherwise incur debts, liabilities ; and obligations, provided
that no Such bend, debt; :liability or obligation shall constitute a debt, liability or
obligation to the:Individual respective Members;
(j) To- invest any Meney in the: treasury:, :pursuant to the Att, v,ihith iS not required
for the immediate necessities of the Authority, as the Authority determines is
advisable, in the same Manner and upon the same conditions as local agenoies,
pursuant to Section : 53601 'of the California . Government Code; and
(k) To promulgate, adopt, and enforce any rules and :regulations, as may be
necessary and proper to iMplenient and effectuate:the terms, provisions, and
purposes of this Agreement
LA-RIGS JIDA 2009 01-05
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/4Joint Powers Agreement
fi LA-RICS
4.04 Limitation on Exercise of Powers.
All common powers exercised by the Board shall be exercised in a manner consistent
with, and subject to, the restrictions and limitations upon the exercise of such powers as
are applicable to the County of Los Angeles, as may be amended from time to time.
4.05 Obligations of Authority.
The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and
obligations of tile Members. In addition, pursuant to the Act, no Director shall be
personally liable on the bonds or subject to any personal liability or accountability by
reason of the issuance ofbonds.
4.06 Additional Powers to be Exercised.
In addition to those powers common to each of the Members, the Authority shall have
those powers that may be conferred upon it by subsequently enacted legislation.
Article V - CONTRIBUTIONS ACCOUNTS AND REPORTS; FUNDS
5.01 Adoption of Funding Plan.
It is a critical goal of the Authority to develop a Funding Plan that identifies funding
sources and mechanisms, including a development schedule and phasing plan
; which
will permit the maximum feasible participation by Members, The Funding Plan shalt be
descriptive as to the contributions required from Members.
Prior to committing resdurces for the :construction Of -the :SySterri a prepo" d:-Funding
Plan as designated in Section 2.05(15)(2) .shail:be:dvloped
In order for the Funding Plan to be considered by the
Members
prior to its adoption the
Board shall distribute the proposed Funding Plan to Members puratiant to ,Section 7.01.
The proposed Funding Plan shall be accompanied by a description of the Systern, and
reports and Studies to allow Members to determine the System capability, cost,
financing and the effects on individual Members. The Board shalt:also designate a:
period, which shall be not less than BQ days, during which Members may provide'
comments to the Board regarding the proposed Funding Plan.
After the comment period has expired, the Board may.
(a) Adopt the Funding plan as proposed;
(b) Revise the Funding Plan to- address some or all o the Member comments; or
(d) Reconsider the Fundino Plan at a later date.
LA-RIGS JPA 2009-01-05 Page 2:10
Joint Powers Agreement
LA-RICS
Notice shall be given to Members pursuant to Section 7.01 within five days of adoption
of the Funding Plan. The notice shall include : a copy of the adopted Funding Plan. The
Board shall also designate a period, which shall be not less than 35 days after the
Funding Plan is adopted, during which Members may submit written notice of immediate
withdrawal from the Authority. There will be no costs for any Member that withdraws
from the Authority within this time period.
After the Funding Plan has been adopted, and until contracts are awarded to design
and/or construct the System, if the Funding Plan is revised in a manner which will
substantially increase the financial obligations of the Members; then any Member so
affected will have a further right to withdraw within a period designated by the Board,
which shall be not less than 45 days after the adoption of the Revised Funding Plan.
There will be no costs for any Member that withdraws from the Authority within this time
period, except for obligations incurred prior to the adoption of the Revised Funding Plan.
5.02 Contributions.
The Members may, in the appropriate circumstance, or when required hereunder:
(a) Make contributions from their treasuries for the purposes set forth herein;
(b) Make payments of public funds to defray the cost of such purposes;
(c) Make advances of public funds for such purposes, such advances to be repaid
as provided by written agreement: or
(d)
Use its personnel, equipment or property in lieu of other contributions or
advances.
No Member shall be required to adopt any tax i, assessment, fee or charge under any
circlonstanceS.
5.03 Accounts and Reports
The:Treasurer Shall establish and Maintain such funds and accounts at may be
required by good accountin g practice or by any provision of any trciet agreement
entered into with respect to the proceeds of any bonds: issued by the Authority. The
books arid records of the Authority in the hands of the Treasurer Shall be open to
inspect on
at all reasonable times by duly appointed :representatives Of the Members,
The Treasurer, within 100 days after the close of each fiscal year, shall give a complete
written report of all : financial activities for such fiscal year to the Mernbers.
$.04 Funds,.
Tho TrPurg,r Qh all
receive, hAve'ruRtody
r f
sPendlor disburse Authority funds
. in
.accdrdanCe With"the laWs applicable to publit agericieS and generally accepted
LA-RIGS JPA 2009-01-05
Page 13Joint Powers Agreement
LA-RICS
accounting practices, and shall make the disbursements required by this Agreement in
order to carry out any of the purposes of this Agreement.
5.05 Sharing of Frequencies.
Members holding Federal Communication Commission (FCC) licenses to frequencies
("Licensee(s)") shall authorize the Authority to share the use of such frequencies and/or
radio stations. Such use shall be in accordance with the Code of Federal Regulations,
(47 CFR 90.179).
Any authorization forthe use,of such license. be made purSuanttO a Written
agreement between the.MemberandAuthority. Revoking:such:authorization :requires
Member to provide twelve (12) months advance written :notice to the Authority unless
otherwise identified in Written agreement. Licenses shall remain primary to the Member
holding the license. Only the Memberlsallowe4to Make any .mOdifiOationstO
license(s)on behalf of the Atithority, and the Authority shall pay all associated fees:
5.06 Violations,
Payment of fines . and penaltiesimposed for operational or equipment violations ...shall be
the reSponsibility of the entity committing the violation. If the entity responsible for .a
violation is not the FCC Licensee, :then the responsible entity Shall pay forthwith any
fines :imposed upon the Licensee, as specified in the ibylaws.:
5.07 s . : otp .ov col-ppoper#0,
The System.' is comprised of components that include physical plant, infraStruettire,
frequencies, 'user eqUipment, and dispatch center equipment ([he "System
Components") as described in this Section : 5,07, Members shall retain:ownership.,of
System 0Orriperiepts .that . they contribute to construct of Operate the System, unless
otherwise agreed to in .writing. The .Authority shall .retain ownership of System
Corn pon.ents purchased by the Authority, unless otherwise .agreed to in writing.,
(a) Physical :Plat :it; The .Physical Plant includes the fellowing: real ettate„ sheiterS,
environmental controls, antenna support structures, .power .systems, security.
Systems, •and ether sitestructures ThemaintenanOe of the Physical Plant shalt be
in accordance With the reqUiternents specified by the Authority and : is the
responsibility of the contributing •IVIernberi unlessothen.v.ise.ag reed to in Writing
(b) trifreetrtictUre: Infrastructure. Includes the following: antenna systerns, base
station :repeaters, diagnostic and alarm systems, microwave Systems, ;backhatil
systems, control equipment-and,:all other related electronic equipment software
The Authority IS: responsible for the operatiOrrandlitaintename of Infrastructure.
(0) Frequencies: Frequencies:Hare radio channels that have been licensed by the
FCC . in accordance with the Code Of Federal Regulations „ LiCen sees shalt authorize.
LA-FILCS: JPA:2QP 9.E.01
Page 14Joint Po ers Agreement
LA,Rics,
the AUthotity to share the use of sUth. frequencies and/Or radio :stations subject to a
:separatelrequeneytharing .pgreernerit
(0) User Equipment .User Equipment includes the following: =mobile radios:,
portable radios, mobile data computers, radio :data modems, control stations, and
other related equipment: All User Equipment shall meet or exceed the minimum
.acceptable standards established by the Authority In.theeyerit.thatany.USer
.Equipment it determined to .be:affecting the proper operation ofthe overall System
ati,ideritified by the AUthOrity, such User Equipment shall be immediately removed.
fromrservicaand .shall not be returned to terVice .Until .any deficiencies are resolved
the satisfaction of the Authority The Authority shall maintain a 'list of user
Equipment approved . for Op .eration Onthe.System Any .changesto .the User
Equipment list shall be approved bytheAuthority. Such approval shalknotbe
unreasonably withheld,
(e) Dispatch :QenterEquiprnent Dispatch CenterEquipmentincludetthe
following : .dispatch consoles, logging recerdert,. system interfatet, and other
ancillary equipment The:AUthoiity shall maintain a list of Dispatch Center
Equipment approved foroperation on the System Any changes to the Dispatch
Center : :EqUipMentliSt shalFbe approved by the Authority Such approval shall not
be unreasonably withheld.,
Adverse IMpaett: on:S.0ton%
No Member, subscriber or affiliate shall .take .apy.actionthatadversely impacts the
System, If the System is impacted by actions of a Member:, subscriber or affiliate, the
.offending party shall take immediate action to return the System to its full operating:.
State, The AUtherity, or its designee at . tet:. forth in the bylaws, shall make the Sole:
.determination of whether Member, subscriber or affiliate equipm.entor...dperations
adVertelyirn.pad the System:,
Article VI - WITHDRAWAL AND TERMINATION
6.01 WithdraWai by:Members.
After the periods referred to in Section 5.01, Members may withdraw from the AUthority
by giving :notice as follows:
(a) Members who do not provide Infrastructure, Frequencies or Physical Plant to
System shall provide to the Chairperson ninety (90) days advanced written notice Of
its intent to withd raw from the Authority;
LA-RICS JPA 2009-01-05
Page 15Joint Po ers Agre ment
LA-RI CS
(b) Members who provide Infrastructure, Frequencies or Physical Plant to System
shall provide to the Chairperson twelve (12) months advanced written notice of its
intent to withdraw from the Authority_
6.02 Financial Liabilities of Withdravving iViernb rs.
Except as otherwise provided in Section 5.01:
(a) A withdrawing Member shall remain liable for all financial liabilities incurred
during its membership in the Authority; however, the Member shall not be liable for
any new firiancial lia .bilities incurred after submitting written notice to withdraw.
(b) The withdrawing Member mist continue to pay its share of operating costs
during the ninety day or twelve month period, as applicable, after submitting its
written notice of the intent to withdraw.
(c) The Authority and the withdrawing Member may negotiate a buy-out'agreement
for early termination : of membership to retire -any ongoing financial obligations the
Member shareswith the Authority.
(d) If a withdrawing: Member holds a seat on the Board, that Member's participation
on the Board shall immediately cease when the written notice to withdraw is
submitted.
6.03 Retention of Assets .by Withdrawing Illianibers.
Each Mernber shall hold its licenses and retain sole ownership of its licenges,.inctuding
those authorized for use by .the :MeMber to the Authority: The licenses and any System
Components .provided by a Merriberto the Authority shall remain the sole: asset of that
Member unless otherwise negotiated_ If requested by the AtjthOrity, : the withdrawing
Member Shall ConSider.optiens for the Authority's .Continued use Of Member assets.
Acceptance of any option is at the sole disCretion .of the withdrawing MeMber. In
the use bythe .Authority of the withdrawing Members System. Components.
.shall be terminated upon the effective date of withdrawal (twelve months from initial
nottce),.and:such System Components shall remain the sole asset of :the .‘vithdraWirig:
Member unless .otherwise agreed, Such withdrawing MetniDer .Shell have no interest or
.Claim in any remaining . assets OftheAutherity, the :Board, or of any of the remaining
Members.
604
Termination
of Authority and Disposition of Authority Assets.
Upon termination of this Agreement and dissolution of the Authority by all Members, and
aft& payment of all obligations of the Authority, the BOard:
(a) Maysell or liquidate Authority property; and
LA-Mq$ iPA 200941 -4°,1
Page 16Joint Powers Agreement
LA-RICS
(b) Shall distribute assets, including real or personal property, in proportion to the
contributions made by 'Members.
Any System Components provided by a Member to the Authority shall remain the asset
of that Member and shall not be subject to distribution under this section.
Article VII - MISCELLANEOUS PROVISIONS
7.01 Notices.
Any notice required or permitted to be made hereunder shall be in writing and shal be
delivered in the manner prescribed herein at the principal place of business of each
party. The parties may give notice by
(a) Personal delivery;
(b) E-mail;
(c) U. S Mail, first class postage prepaid;
(d) "Certified' US, mail, postage prepaid, return receipt requested;
(e) Facsimile; or
(0 Any other method deemed appropriate by the Board.
At any time, by providing written notice to the other parties to this Agreement, any party
may change the place, facsimile number or e-mail for giving notice, All written notices
•or correspondence sent in the described manner will be deemed given to a party on
whichever date occurs earliest:
(a) The date of personal delivery;
(b) The third business day following deposit lathe U.S:.mail, when sent b 'first
class' mail;
(c) The date on which the party or its agent either signed the return receipt or
refused to accept delivery} as noted on the return receipt or other U.S. Postal
Service form, when sent by "Certified" mail; or
(d) The date of transmission, when sent by e-mail OT facsimile.
LA-RICS JPA 2009-01-05
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44-DJoint Powers Agreement
LA RICS
7.02 Amendment; Addition of Members.
(a) In addition to the original signatories to this Agreement, other public agencies
may join the Authority as a Member, subject to the provisions of Section 1.0a, The
addition of any. Member shall become effective upon:
(1) The execution on behalf of such entity of a counterpart of this Agreement
and the delivery of such executed counterpart to the Board; and
(2) The adoption of a resolution of the Beard admitting that agency to the
Authority.
(b) This Agreement may only be amended by two-thirds of the Members, vvhich
must include the affirmative votes of the City of Los Angeles and the County of Los
Angeles, evidenced by the execution of a written amendment to this Agreement.
However, this Agreement shall not be amended, modified or otherwise revised,
changed or rescinded, if such action would-.
(1) Materially and adversely affect either the rating of bonds issued by the
Authority, or bondholders holding such bonds; or
-(2) Limit or reduce the obligations of the Members to make, in the
aggregate, payments which are for the benefit of the owners of the bonds.
7.03 Fiscal Year.
The Authority's 12-rrionth fiscal year shall be specified in the Authority's bylaws.
7.04 Consents and Approvals.
Any consents or approvals required under this Agreement shall not be unreasonably
withheld.
7.05 Amendments to Act.
The provisions of the Act, as it may be amended from time to time which are required
to be included in this Agreement, are hereby incorporated into this Agreement by
reference
7.06 Enforcement of Authority.
The Authorityishereby authorized to lake any or all legal or equitable actions, including
but not limited to injunction and specific performance, necessary or permitted by law .to
enforce . this Agreement
7.07 Severability.
If any one or more of the terms, provisions, promises, covenants, or conditions of this
Agreement were, to any extent, adjudged invalid, unenforceable, void, or voidable for
LA-RIOS JPA 2009-01-05
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Joint Powers Agreement
kuri
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any reason whatsoever by a court of competent jurisdiction, each and all of the
remaining terms, provisions, promises, covenants, and conditions of this Agreement
shall not be affected thereby and shall be valid and enforceable to the fullest extent
permitted by law.
7.08 Successors
This Agreement shall be binding upon and shall inure to the benefit of the successors of
each Member.
7.09 Assignment.
No Member shall assign any rights or bligations under this Agreement without the prior
written consent of the Board,
7.10. Governing Law.
This Agreement is made and to be performed in:the:County of :Los Angeles, State of
-California, and as such California substantive and procedural laW.thall
.7.1 ,1 Headings
The section headings herein are for Convenience Only and are not to: :be.corittrued as
modifying or governing the language: of this Agreement
7.12 counorpots.
This:Agreement may. he 'executed in counterparts
748 No Third Party •Be.n.eficiaries...
This Agreement and the obligations hereunder pre. not intended to benefit any party
Other than the Authority .and its Members except as expressly provided otherwise
:herein. .No entity that is not a signatory to this Agreement shalt have amtrights
. or
causes of action againstany party to this Agreement aSa result of
party'S
performance or non-performanoe under this Agreement, except OS expressly provided
Othe.rwiSe.,horein.
7.14 Filing of Notice of Agreement
Within 30 days after the Effective Date, or amendment thereto, the Secretary shall
cause to be filed with the Secretary of State the notice of Agreement required by the
Act
715 Conflict of Interest Code.
The Board shafl adopt a conflict of interest code as required by law.
7 • Indemnification.
l'he Authority shall defend, indemnify and hold harmless each Member (and each
lk.lember*-
officers, ages, and employees) from any arid all liability, including but not
limited to claims, losses, suits, injuries, damages, costs and expenses (includingJoint Powers Agreement
A, LA-RCS
aftorney's fees), arising from or as :a result of any acts, er ors or omissions of the
Authority or its officers, agents or employees,
7.17 Dispute Resolution/Legal Proceedings.
Disputes regarding the interpretation or application of any provision of this Agreement
shall, to the extent reasonably feasible, be resolved through good faith negotiations
between the Members and/or the Authority.
IN WITNESS WHEREOF, each Member has caused this Agreement to be executed
and attested by its proper officers thereunto duly authorized, its official seals to be
hereto affixed, as follows:
LA-RICS JPA 2009- 1-05
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LA-RICS
City of Authorization
For Membership in the Los Angeles Regional Interoperability
Communications System Authority (LA-RICS)
IN WITNESS WHEREOF, the City of by order of its City
Council, has caused this Joint Powers Agreement to be executed on its behalf by the
Mayor, and attested by the City Clerk, as of the date so attested below.
MAYOR
ATTEST:
ITY CLERK
DATE
DATE:.
LA-RICS JPA 2000-01-05RESOLUTION NO. 2009-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING THE LOS
ANGELES REGIONAL INTEROPERABLE
COMMUNICATIONS SYSTEM JOINT POWERS
AGREEMENT, AUTHORIZING THE CITY'S MEMBERSHIP
IN THE LA-RICS AUTHORITY; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE JPA AGREEMENT.
WHEREAS, the City of Culver City recognizes the need for a wide-area and
interoperable communications system to better respond to regional crises and disaster-
type events; and,
WHEREAS, the City of Culver City currently participates in the Interagency
Communications lnteroperability System (ICIS) but supports the concept of a county-wide
system ,that would incorporate the majority of users throughout the region and provide
complete interoperable communications in the event of a regional crisis or disaster-type
event; and,
WHEREAS, the Joint Powers Agreement (JPA), intended to create an
Authority to coordinate a county-wide radio communications system for law enforcement
and fire communications, has been drafted; and
WHEREAS, the City Council of the City of Culver City desires to become a
member of the Los Angeles Regional Interoperable Communication System (LA-RICS)
Authority created thereto.
Now, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE as follows:
1. Pursuant to the City's authority under the Joint Powers
Act in California Government Code §6500 et. seq., the Los Angeles Regional|101010101010101010 10
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28MARTIN R. COLE
City Clerk
Interoperable Communications System Authority Joint Powers Agreement, attached
hereto and incorporated herein, is approved, thereby authorizing the City's membership in
the Los Angeles Regional Interoperable Communications System Authority; and
2. The City Manager is authorized and directed to execute the Los
Angeles Regional Interoperable Communications System Authority Joint Powers
Agreement to effectuate the intent of this Resolution.
3. The Mayor, or presiding officer, is hereby authorized to affix his
signature to this Resolution signifying its adoption and the City Clerk, or his duly appointed
deputy is directed to attest thereto.
4. This Resolution is effective upon adoption.
APPROVED and ADOPTED this day of , 2009.
D. SCOTT MALSIN, Mayor
City of Culver City, California
ATTEST: APPROVED AS Tp FORM: z
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